Terms and Conditions STACKLA uploads
OREO® Social Media campaign (MEU)

In these terms and conditions, the following terms shall have the following meanings:

“Affiliates”      affiliated companies of MDLZ within the Mondelez International Inc group of companies

“Content”      the photographic image, including individuals in the photograph; the name, pseudonym, likeness, social media channel ID profile name and picture of the Contributor: and any express acknowledgement contained in, on or below the photographic image:

“Contributor”  the person identified as the creator of the photographic image and/or the person giving permission to MDLZ to use the photographic image:

“MDLZ”           Mondelez Europe Services GmbH registered address Lindbergh-Allee 1, CH-8152 Glattpark, Switzerland

 “Purpose”      internal and external, marketing, advertising and communication activities in connection with the brands of MDLZ.

1)      By completing and submitting the online form and checking the acceptance box, the Contributor agrees to be bound by these Terms and Conditions governing the use by MDLZ or its Affiliates of the Content for the Purpose.

2)      If Content made available by the Contributor is selected, the Contributor agrees and acknowledges that the Content may be displayed or appear on websites and social media channels of MDLZ and its Affiliates. The Contributor agrees and acknowledges that other users will be able to view, and have access to, the Content and will be able to elect to share the same via social media sites (including, but not limited to Facebook, Twitter, Pinterest, Instagram etc.)

3)      The Contributor grants MDLZ and its Affiliates an irrevocable, royalty-free, non-exclusive, transferable, worldwide right to exploit, reproduce, represent and adapt the Content, including, without limitation for the Purpose as follows:

(i) to copy the Content, by all means known or unknown (such as, but not limited to, paper, electronic, magnetic, optical or digital, etc.):

(ii) to display or publish the Content on  applications, social media pages and websites and in all publications of MDLZ and its Affiliates, and by any means of diffusion or broadcasting known or unknown, and to store the Content:

(iii) to distribute the Content and use it for internal and/or external institutional communication purposes, as well as for the promotion of the  activities around the world of MDLZ and its Affiliates, including for the needs of events organised by or on behalf of MDLZ and its Affiliates:

(iv) to adapt the Content and bring all modifications considered necessary by MDLZ or its Affiliates (notably, without limitation, the right to arrange, modify, correct, upgrade, ad, crop and/or integrate all or part of the Content in other works)

(v) to translate the Content in any language.

4)      The Contributor represents and warrants that:

i)        it is the legal and beneficial owner of all the intellectual property rights in the Content (other than any third party logos, brand names or artwork featuring in the Content), that the Content is their original work and does not infringe any third party rights including without limitation patents, trademarks, copyright or unregistered rights:

ii)       it has the full legal right, power and authority to grant MDLZ the licence provided for herein;

iii)     it has written consent, release and permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated therein. In particular, the Contributor represents and warrants that they have obtained the authorization of the legal representatives (parents/guardians) of any identifiable minor in the Content, where such authorization is required:

iv)     it will indemnify MDLZ  against any claim arising from any third party alleging to have intellectual property rights in the Content or from any rights, laws or regulations violated:

v)       the Content does not depict anything which is unlawful, threatening, libellous, defamatory, obscene, pornographic or profane, could constitute or encourage conduct that would be considered a criminal offence or breach of any law or contains anything inappropriate or anything else contrary to common standards of taste and decency, or that is deliberately intended to upset other users, and that accompanying comments (if any) are not defamatory or disparaging about MDLZ or any of its Affiliates or any third parties: and

vi)      it hereby waives and agrees not to assert (and warrants that all individuals featured have waived and agreed not to assert) any moral rights in, and in connection with, the  Content;

5)      The Contributor understands that MDLZ is not obliged to use or continue to use the Content and that MDLZ has the discretion to immediately remove the Content without prior notice to the Contributor.

6)      Without prejudice to clause 5, the Contributor Content shall not be used or may be immediately removed, without prior notice to the Contributor, if any Content, in the reasonable opinion of  MDLZ

  •  contains defamatory, malicious, indecent or other inappropriate content:
  • causes any widespread or serious offence (taking into account prevailing community

views or standards):

  • infringes the intellectual property rights of a third party.

7)      All information is subject to change and is correct at time of drafting.

8)      The Contributor acknowledges and agrees that MDLZ and its Affiliates has no control over, and shall have no liability for any damages resulting from, the use (including without limitation, re-publication) or misuse by any third party of information voluntarily made public through any use of applications, social media channels and/or websites of  MDLZ and its Affiliates. If the Contributor chooses to make any of their personally identifiable information or other information and/or the Content available for use by MDLZ and its Affiliates, they do so at their own risk.

9)      With the exception of personal data (which will be treated as set out in our Privacy Policy, which can be found at MDLZ Privacy Policy all Contributor Content will be treated as non-proprietary and non-confidential and may be made available to the general public and used by us without restriction.

10)       These terms and conditions are governed by Swiss Law and shall be subject to the exclusive jurisdiction of the Swiss courts.

11)       If you have any questions or complaints regarding these Terms or any other matter, you may contact our Customer Care line.