UGC - Terms and Conditions

You’re visiting this page because either we reached out to you about a photo or video you posted tagging or mentioning the following official Chilly’s Bottles social @mentions:

  • @Chillys on Instagram and TikTok

  • @chillysofficial on YouTube

  • @chillysbottles on Facebook 

  • u/ChillysOfficial on Reddit

(together “Mentions”) 

or using any of the following hashtags:

  • #chillys

  • #chillysbottles

  • #mychillys

  • #chillysseries3

  • #chillysseries2

  • #chillysinthewild

(together “Tags”). 

BY REPLYING #YESCHILLYS TO THE PRIVATE OR PUBLIC MESSAGE SENT TO YOU FROM ANY OF OUR OFFICIAL CHILLY’S SOCIAL MEDIA ACCOUNTS YOU CONFIRM AND AGREE THAT:

  • you are an individual aged eighteen (18) years of age or older;

  • you own all rights in and to your photo or video;

  • your photo or video is your original work and is not copied from any third party;

  • you have permission from any person(s) appearing in your photo or video to grant the rights set out in these terms and conditions;

  • your photo or video does not depict any person under the age of 18;

  • you irrevocably waive (or if waiver is not permissible by law, will not assert) any moral rights or other rights with respect to authorship or integrity of the photo or video;

  • Chilly’s use of your photo or video does not infringe or breach the rights of any third party (including, but not limited to, intellectual property rights or privacy rights) or violate any law; and

  • you have read and you agree to the following terms and conditions.

WHAT HAPPENS IF I SAY #YESCHILLYS FOR USE OF MY PHOTO OR VIDEO?

By replying #YESCHILLYS, you grant to Chilly’s Bottles Limited (“we” “our” or “Chilly’s”) a non-exclusive, assignable, sublicenseable, perpetual, worldwide, royalty free licence to:

  1. reproduce, display, perform, distribute, archive, edit, adapt, modify, create derivative works from and otherwise use any photo or video including any Mentions or Tags that you submit , upload, post or have already posted; and 

  2. use, reproduce and display your: (a) username, profile name and social media handle; (b) likeness, image, voice and biographical information as incorporated in or associated with your photo or video; and (c) any comments, tags, text or other content as incorporated with or associated with your photo or video. 

This means by replying #yeschillys to the message sent to you from any of our official Chilly’s social media accounts. Chilly’s gets an unlimited right to use the photo or video as digital and non-digital content without payment of any fee, royalty or other compensation. Our permitted use includes, for example, the use of your photo or video on our website, as part of event activations, on marketing emails and internal communications, and on public billboards, posters and for postings on Chilly’s social media accounts. We may exercise our rights anywhere in the world, and our licence is perpetual, meaning that it lasts for an indefinite period of time. However, Chilly’s shall have no obligation to use your photo or video and may at any time take down your photo or video.

Chilly’s may, in its sole discretion, include your name, handle or byline when using your photo or video.

CAN I STILL USE MY PHOTO OR VIDEO?

Your photo or video may be viewed not only by you, but also by other fans of Chilly’s and visitors to Chilly’s social media pages and websites. Our licence is non-exclusive, meaning you can still use your photo or video for your own purposes and let others use it for their purposes too.

PRIVACY

We respect your privacy and we value the trust you have put in us.

In reaching out to you about your photo or video, we necessarily process your personal information (including your social media username, handle and/or byline). We use this personal information for the purposes of contacting you to ask for your consent to use your photo or video, for crediting you (where we choose to include a credit) for your photo or video and for the purposes of maintaining our records. We refer to our Privacy Policy here for more information on how and why we process your personal information.

We are committed to keeping your personal information safe. We've got physical, technical and administrative measures in place to prevent unauthorised access or use of your information.

We also use a third party called YOTPO for social media content management who may access and use personal data you make public (for example, your social media handle). For more information on how YOTPO may process your personal data, please visit YOTPO’s Privacy Policy at https://www.yotpo.com/privacy-policy/ 

CAN I BACK OUT?

If you change your mind you can revoke the  rights granted to Chilly’s by send an email  to support@chillys.com. You can also contact us to request details of your personal information we hold about you or otherwise exercise your rights under data protection laws. You can find more information on your rights in our Privacy Policy here

We aim to respond to all requests within 30 days. Please note that if you choose to revoke the rights you grant to Chilly’s, we will cease all new use of your photo or video but will not be required to take down any historical posts or publications.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will we be liable for (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income or anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to the use of your photo or video as described above, whether such liability arises in tort, contract or any other legal theory, even if we have been advised of the possibility of such damages.

These terms are governed by English law and any disputes in relation to them are subject to the exclusive jurisdiction of the English courts.

Thank you for sharing your Chilly’s with the community!