User Generated Content Policy
- William Grant & Sons Australia Ltd (ABN 59 142 683 145), its related bodies corporate and its brands (“William Grant”, “we”, “us” or “our” as the context may require) uses Content (defined below) submitted by users (“User-Generated Content”) on its various affiliated websites, social media channels (including, but not limited to, Facebook, Instagram, Snapchat, Tik Tok and Twitter) and in other promotional materials (our “Platforms”). By posting, transmitting and/or publishing User-Generated Content, you (“you” or “your” as the context may require) acknowledge that you have read and accepted the terms and conditions as set out in this Policy. Furthermore, you affirm that you are 18 years of age or older and you are fully able and competent to enter into the terms and conditions set forth in this Policy. If you do not wish to be bound by this Policy, you should not post, transmit or publish any User-Generated Content on any of our Platforms.
- You agree that you are fully responsible for any materials you create, publish, transmit and/or submit to our Platforms including, but not limited to, photographs, images, videos, recordings, comments, text, audio, graphics, tweets, posts or any other like materials (collectively “Content”). We shall not be liable in any way for any User-Generated Content to the full extent permitted by law. We reserve the right to remove, modify, cut, censor, edit or decline to publish any Content without notice for any reason whatsoever.
- By posting, publishing or submitting any User-Generated Content, you warrant and agree that:
- your Content is not unlawful or fraudulent, or that we may deem is in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, or otherwise unsuitable for publication;
- your Content does not contain viruses or causes injury or harm to any person or entity;
- you have obtained prior consent from any person or from the owner(s) of any property that appears in any Content;
- you have obtained full prior consent from any person who has jointly created or has any rights in any Content to the uses contemplated by this Policy, and the Content does not infringe the rights of any third party;
- you consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that you have the full authority to grant these rights; and
- you have complied with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
- By publishing, transmitting, posting and/or submitting Content, you hereby license and grant us, our affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, exhibit, distribute, adapt, publish and display your Content as User-Generated Content for any purpose, including but not limited to promotional, marketing and/or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
- For the avoidance of doubt, by publishing, transmitting, posting, submitting and/or giving us consent to publish your Content as User-Generated Content, you hereby warrant that you have obtained all consent/s and approval/s from any third parties whose image or other material appears in the User-Generated Content for us to use, edit, alter, reproduce, modify, adapt, exhibit, distribute, and otherwise exploit any name, voice, likeness, or personal image that exists in connection with the User-Generated Content, for any purpose, including but not limited to promotional, marketing or publicity purposes, in any Platform, without compensation, restriction on use, attribution or liability. You grant us the sole discretion to determine whether to include attribution to you in any User-Generated Content that is displayed on any Platform.
- You accept and acknowledge that we are committed to upholding and strictly adhering to the ABAC Responsible Alcohol Marketing Code (the “ABAC Code”). You accept and acknowledge that we reserve the right to remove, modify, cut, censor, edit or decline to publish any User-Generated Content that we believe, in our sole discretion, to breach the ABAC Code. Accordingly, you agree that any User-Generated Content will not:
- show, imply, depict or encourage the excessive or rapid consumption of alcohol or the misuse or abuse of alcohol;
- show, imply, depict or encourage any irresponsible or offensive behaviour relating to the consumption or presence of alcohol;
- emphasise an alcoholic beverage because of its high alcoholic content;
- emphasise or encourage the intoxicating effect of alcohol;
- encourage or challenge/dare an individual or group to consume alcohol;
- show or depict anyone who is (or appears to be) under the legal drinking age or encourage underage drinking;
- prominently show a person who is (or appears to be) under the age of 25 years of age;
- show (or imply) that the consumption of alcohol (or the presence of alcohol) may create or contribute to a significant change in mood or environment;
- show (or imply) that the consumption or presence of alcohol leads to (or contributes to) personal achievement or business/social/sporting/sexual or other success;
- show, imply or suggest that the consumption of alcohol offers any therapeutic benefit or is a necessary aid in relaxation; or
- show the consumption of alcohol before or during any activity that requires a high degree of alertness or physical co-ordination such as the control of a car, boat or machinery (for example, you agree not to depict an individual drinking while driving).
- You accept and understand that we may collect any personal information that is contained in any User-Generated Content. We will use and handle personal information as set out in our Privacy Policy, which can be viewed at https://www.williamgrant.com/gb/privacy-policy/. Personal information collected from you will not be disclosed to any entity located outside of Australia.
- By agreeing to this Policy, you hereby release William Grant, its officers, directors, employees, contractors, business partners and agents and their successors and assigns from any and all liability with respect to whatever manner we use any User-Generated Content.