USER GENERATED CONTENT SUBMISSION TERMS

 
Overview
These terms and conditions (‘Terms’), apply to the photographs, artwork, images, still footage, moving footage, film, video, audio-visual material, and any other material or content (‘UGC’) that you submit to the New Zealand Tourism Board (‘Tourism New Zealand’, ‘we’, ‘us’, ‘our’) through our website https://videoupload.newzealand.com.

Please read these Terms together with the Terms of Use.
By submitting UGC to us through our website, you confirm that you accept these Terms. We may change these Terms from time to time by posting new Terms on our website. By submitting UGC after we have published amendments to these Terms, you confirm that you accept any such amendments.
If you do not accept these Terms and agree to be bound by them, then you must not submit UGC to us through our website.
If you have any questions about these Terms, please contact us at traveltrade@tnz.govt.nz.

Summary
You should carefully read these Terms.
In particular, by submitting UGC to us through our website:
  • you confirm that you either own the UGC, or have the right to let us use the UGC as described in the Terms;
  • you grant us a royalty-free, irrevocable, perpetual right to use and distribute the UGC, anywhere in the world in any manner;
  • we can modify, edit, and compile the UGC and instruct third parties to do the same;
  • we can let others use the UGC (but we are not required to);
  • we can use the UGC (including an amended form of the UGC) in Paid Media;
  • you confirm that:
    • if the UGC depicts a third party, that third party consents to our use and distribution of the UGC as described in the Terms;
    • if the UGC contains a third party’s personal information, they’ve authorised our collection, use, and disclosure of that personal information; and
    • the UGC does not contain defamatory, objectionable, or restricted material;
    • you will not make a financial claim in connection with your appearance in the UGC (and you will require any third party appearing in the UGC to agree to the same).

 
Terms
  1. These Terms apply to the exclusion of any inconsistent terms proposed by you or which you purport to apply to the UGC
  2. You grant Tourism New Zealand a perpetual, irrevocable, transferrable, sublicensable, worldwide right to use, display, transmit, publish, reproduce, broadcast, edit, compile, and modify the UGC for the purposes of promoting New Zealand as a tourist destination (‘Licence’).

  3. No monetary amount will be payable by Tourism New Zealand in consideration for the Licence granted under clause 2, including any royalty payment or other licence fee.
  4. Nothing in these Terms will require Tourism New Zealand to use, publish, or distribute the UGC in any manner.
  5. In these Terms, ‘Paid Media’ means where payment is or will be received or paid for use of the UGC, including in any marketing activity, media and advertising space, social media, print media, websites, and trade shows.
  6. Except as provided in clause 7, unless you give your prior written consent, no sublicense of the Licence granted by Tourism New Zealand will permit third parties to use the UGC in Paid Media.
  7. Tourism New Zealand may permit third parties to distribute and use materials displaying the UGC in Paid Media where Tourism New Zealand creates such materials (or a third party creates such materials on Tourism New Zealand’s instructions).
  8. Tourism New Zealand may:
    1. use, edit, compile, or modify any part of the UGC in any manner within the scope of the Licence, including:
      1. by compiling the UGC with other materials, such as photographs and videos; and
      2. in Paid Media
    2. instruct third parties to compile, edit, collate, and modify the UGC on behalf of Tourism New Zealand and permit third parties to use and distribute the UGC for that purpose and for the purposes of advertising that third party’s services to others;
    3. distribute the UGC in any manner within the scope of the Licence.
  9. To the extent that any rights subsist in any edits or modification to the UGC, such rights will be owned by Tourism New Zealand upon creation.
  10. You warrant that you either:
    1. own all rights in and to the UGC; or
    2. have the right to grant the Licence on the terms and subject to the conditions contemplated in these Terms.
  11. You warrant that:
    1. to the extent the UGC contains personal information (as that term is defined in the Privacy Act 1993 or equivalent legislation in force on the date of these Terms), the individual concerned authorises Tourism New Zealand to collect, use, and disclose that information in the manner contemplated in these Terms, the Terms of Use, Tourism New Zealand’s privacy policies, or otherwise in connection with the Licence;
    2. no part of the UGC was commissioned for private or domestic purposes;
    3. no part of the UGC contains material likely to be of a defamatory nature;
    4. no part of the UGC contains material that is or is likely to be restricted or objectionable for the purposes of the Films, Videos, and Publications Classification Act 1993;
    5. to the extent that the UGC depicts your appearance, name, or likeness, or any third party’s appearance, name, or likeness, you consent, and you have obtained consent from that third party, to Tourism New Zealand’s worldwide use, publication, distribution, modification, compilation, broadcast, transmission, and reproduction of the UGC; and
    6. you will not make any financial claim in connection with your appearance, name, or likeness depicted in the UGC at any time, and you will procure the same from all third parties whose appearance, name, or likeness is depicted in the UGC.
  12. You agree to indemnify Tourism New Zealand and keep Tourism New Zealand indemnified from and against all:
    1. claims made by a third party against Tourism New Zealand;
    2. legal proceedings brought by a third-party against Tourism New Zealand; or
    3. notification by a third party of an intention to make such a claim or bring such a proceeding,
alleging that use of the UGC infringes the intellectual property rights or other rights of that third party.
  1. Tourism New Zealand will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, under or in connection with these Terms for any loss of profit, revenue, anticipated savings, business, goodwill, reputation, use of money, or bargain or any indirect or consequential loss.
  2. Without limiting clause 13, the aggregate liability of Tourism New Zealand under and/or arising out of or in connection with these Terms in contract, tort (including negligence), breach of statutory duty, or otherwise, in respect of any and all claims will not exceed 1NZD.
  3. Nothing in these Terms will in any way exclude or limit Tourism New Zealand’s liability to you for any fraud or fraudulent misrepresentation, or for any other matter for which it would be illegal to exclude or attempt to exclude a person’s liability.
  4. These Terms and any disputes arising out of or in connection with these Terms will be governed by the law of New Zealand and the New Zealand courts will have the non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.