MCDONALD'S USER GENERATED CONTENT TERMS OF USE

1                BACKGROUND

1.1          McDonald's Restaurants Limited (“McDonald's”, “we”, “us” or “our”) reaches out to social media users to seek their permission to feature their content on our various McDonald’s sites, social channels, and in various other promotional materials. You are reading this because McDonald's has requested your permission to use your social media content in this way.

1.2          By replying with the hashtag #McDonaldsUGCyes:

• You agree to these Terms of Use.

• You allow us to use your social media post or any content that you have published on social media, including but not limited to any text, images, video, audio, location information, comments or any other materials related to a social media post or content, including your social media handle (the “User Content”) in accordance with these Terms of Use.

• You acknowledge that your personal information will be handled in accordance with our Privacy Statement (https://www.mcdonalds.com/gb/en-gb/privacy-policy.html) and the information set out in section 3 below.

• You certify that you are at least 18 years of age.

1.3          McDonald's collects User Content to publish it on our digital properties, including the McDonald's website (www.mcdonalds.com/gb/en-gb/) (the “Site”), the McDonald’s app, McDonald’s operated social media channels (including but not limited to Facebook, Twitter, Instagram, YouTube and Snapchat) and in promotional materials and other properties (collectively the “McDonald's Properties”) in connection with McDonald’s business, including McDonald's product feature, marketing, promotional, advertising and other consumer-related activities (the “McDonald's Activities”).

2                USER CONTENT LICENCE

2.1          You hereby grant to McDonald's and its related companies, agents, licensees, sublicensees, franchisees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing and public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.

2.2          The Licensed Parties may use, display, publicly perform, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit and make publicly accessible the User Content in any manner in their sole discretion, with no obligation to you whatsoever.

2.3          You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

2.4          You hereby agree and represent and warrant that:

2.4.1              you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content;

2.4.2              you are solely responsible for your User Content;

2.4.3              the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, proprietary or other rights, of any third party, or any law, rule or regulation;

2.4.4              to the extent permissible by law, you hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Content

2.4.5              you are 18 years of age or over; and

2.4.6              the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful or prejudicial of any person or group on the grounds of race, religion, sex, sexual orientation, age or disability.

2.5          The Licensed Parties reserve the right to remove any User Content from the Site and the McDonald's Properties in their sole discretion. If you believe any content, including User Content, residing on the Site or the McDonald's Properties or displayed or used in connection with the McDonald's Activities infringes any person or entity's copyright rights, please notify us.

2.6          The Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission by you in relation to the User Content or otherwise, except pursuant to the Licensed Parties’ respective privacy policies.

2.7          You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

3                YOUR PERSONAL INFORMATION

3.1 These Terms of Use should be read in conjunction with the McDonalds’ privacy statement located at https://www.mcdonalds.com/gb/en-gb/privacy-policy.html which, together with these Terms of Use, explain how and why McDonald’s will process any personal information contained in the User Content.

3.2 You acknowledge that your personal information will be processed for the McDonald’s Activities (including product feature, marketing, promotional, advertising and other consumer-related activities). It is in McDonald’s legitimate interests to process your personal information for the McDonald’s Activities. 

3.3 You are entitled to object to McDonald’s processing of your personal information and/or exercise other rights that you have in relation to my personal data by contacting us via our website at https://customerservices.mcdonalds.co.uk/hc/en-gb/requests/new  or by writing to us at:

Attention: Data Protection Office

McDonald's Restaurants Limited

Customer Services

11-59 High Road

East Finchley

London N2 8AW

UK

3.4 Notwithstanding your rights referred to above, you acknowledge that:

• you are voluntary providing your User Content 

• your User Content (including any personal information in the User Content) may be published by McDonald’s for the McDonald’s Activities 

• once published, McDonald’s may not be able to delete or prevent the continued use of your User Content (or any personal information contained within it)

• McDonald’s may not be able to give effect any request that you exercise in respect of your personal information if there are legitimate reasons that override that request.

3.5 If you are dissatisfied with McDonald’s response to any request or query that you have in respect of your personal information, you have the right to refer your concerns to the Information Commissioner’s Office (in the UK) or to another data protection authority where you otherwise live.

3.6 You acknowledge that McDonald’s shall be permitted to retain the User Content for as long as is necessary to fulfil the McDonald’s Activities and in accordance with any time periods set out in these Terms of Use.

4                MCDONALD’S INTELLECTUAL PROPERTY RIGHTS

4.1          You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of McDonald's by authorising use of your User Content or otherwise using or accessing the Site, the McDonald's Activities or the McDonald's Properties.

5                MISCELLANEOUS

5.1          These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without McDonald's prior written consent and any action or conduct in violation of the foregoing shall be void and without effect.

52          McDonald's reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorisation to feature your User Content.

5.3          You agree that if McDonald's does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which McDonald's has the benefit of under any applicable law), this will not be taken to be a formal waiver of McDonald's rights and that those rights or remedies will still be available to McDonald's.

5.4          If any part of these Terms of Use becomes invalid, illegal or unenforceable in any respect under any law or for any other reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

5.5          These terms and conditions (and any non-contractual disputes/claims which arise out of or in connection with them) will be governed by English law and you hereby submit to the exclusive jurisdiction of the English courts.