USER GENERATED CONTENT (UGC) TERMS OF USE

LAST UPDATED: September, 2024

These User Generated Content (UGC) Terms of Use (“UGC Terms of Use”) are by and between In-N-Out Burger, its subsidiaries and affiliated companies (collectively, “In-N-Out Burger”, “we”, “us”, or “our”) and you or the organization you represent (“you”, or “Participant”).

In-N-Out Burger reaches out to social media users to seek their permission to feature selected content created by users (“User Content”) on our various sites, social channels (including our paid social media ads), mobile apps, and various promotional, advertising and marketing materials and campaigns. User Content may consist of your photos, texts, graphics, audios, videos, voice, location information, comments and other materials from social media sites or other places you post.

By selecting “Approve,” (or similar language), by responding to us with #yes, or otherwise showing consent for us to use your User Content,  you agree that we may use your User Content in accordance with these UGC Terms of Use.

About You
You represent and warrant:

• You are at least eighteen (18) years of age or are legally considered an adult in the state or country where you reside;
• You have full power and authority to agree to these UGC Terms of Use;
• The User Content is your own original creation, you did not take (in whole or in part) the User Content from another website, social media posting or elsewhere, and the User Content does not contain anything that violates the rights of any person or entity;
• 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; 
• The User Content does not contain any trademarks, logos, brand names, advertising, sponsorship, promotional, or marketing material owned by any person or entity, other than you or In-N-Out Burger;
• The User Content will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, publicity, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity;
• The User Content is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof.
• The User Content does not contain anything illegal, defamatory, obscene, threatening, or racially, sexually, religiously, or otherwise objectionable and offensive content;
• You have permission from any person(s) (or in the case of minors, their parents or legal guardians; or in the case of pets, their pet parent), appearing in the User Content to provide us with the rights to use the User Content as described in these UGC Terms of Use;
• Your upload or post of the User Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the User Content;
• Our use of your User Content as described in these UGC Terms of Use will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation;
• You confirm and agree that our use of your User Content as described in these UGC Terms of Use does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity;
• You confirm that your User Content will not contain advertising, promotional material or promote a product, service or other commercial activity;
• You will not impersonate or attempt to impersonate In-N-Out Burger or any of its employees, another user, or any other person or entity (including, without limitation, the use of email addresses associated with any of the foregoing);
• Your User Content will not include any information that references other websites or personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers);
• Your User Content will not contain any computer viruses, worms, Trojan horses, spyware or other potentially damaging technologies, computer programs or files or malicious code that could impact the operation of our websites, mobile apps, and related services or any computer or other device; and
• You have read and you agree to comply with all of the terms and conditions in these UGC Terms of Use.

User Content License

You grant to us and each of our licensees, sublicensees, successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable (through multiple tiers of sublicensees) right and license to use your User Content in any manner to be determined in In-N-Out Burger’s sole discretion, including but not limited to use on webpages, mobile applications, and social media pages operated by In-N-Out Burger (including our partners and collaborators), in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, content and campaigns (including paid social advertisements), and in any media now or hereafter known. You agree that we and each of our licensees, sublicensees, successors and assigns may use, display, reproduce, distribute, transmit, publicly perform, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner and for any reason or purpose in our sole discretion, with no compensation or obligation to you whatsoever and without obtaining any further consents or approvals from you. 

You also grant us and each of our licensees, sublicensees, successors and assigns the right, at our sole choice, to use your username, real name, image, likeness, voice, caption, location or other identifying information in connection with any use of the User Content. You agree that neither we nor any of our licensees, sublicensees, successors or assigns have an obligation to use your User Content or your name or other identifying information.

You confirm that you have the consent or permission of any other person or entity that is required for our use of your User Content as described in these UGC Terms of Use. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the User Content and the licenses and rights you are granting us and each of our licensees, sublicensees, successors and assigns under these UGC Terms of Use.

You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.

You represent and warrant that (i) you own or otherwise have all the necessary rights to grant the licenses and rights granted above with respect to any content you post, including your User Content and (ii) all of your User Content will comply with these UGC Terms of Use.

If requested, you will sign any documentation reasonably requested by In-N-Out Burger in such form and manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us and each of our licensees, sublicensees, successors and assigns under these UGC Terms of Use.

We have no obligation to use the User Content and we may remove or stop using any User Content at any time, for any reason without notice to you. Use of the User Content does not imply our endorsement of or any affiliation with you.

You understand and agree that any liabilities, losses and/or damages that occur as a result of the use of any User Content that you make available, access or post is solely your responsibility. You hereby forever release, discharge and agree to hold harmless In-N-Out Burger, and all of their respective licensees, sublicensees, officers, directors, employees, representatives, agents, partners, collaborators, successors and assigns, from all claims, actions, liabilities, losses, damages, judgments, settlements, demands, expenses (including reasonable attorneys’ fees and other legal expenses), whether alleged or actual, and related in any way to any and all use by In-N-Out Burger or their respective licensees, sublicensees, successors or assigns of your User Content. You shall be liable for and shall indemnify In-N-Out Burger, and all of their respective licensees, sublicensees, officers, directors, employees, representatives, agents, partners, collaborators, successors and assigns against any and all claims, actions, liabilities, losses, damages, judgments, settlements, demands, expenses (including reasonable attorneys’ fees and other legal expenses), whether actual or alleged, and which arise directly or indirectly from a breach by you of your obligations, covenants, representations or warranties under these UGC Terms of Use.

Privacy Policy 
We will use any personal data we receive in connection with our use of the User Content in accordance with these UGC Terms of Use and in accordance with our Privacy Policy. You consent to our collection of any personal data you provide in connection with the use of the User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not provide us with personal information or agree to these terms. 

Copyright Policy & Claims for Copyright Infringement
We reserve the right to remove any User Content from our website, social media channels, promotional, marketing and advertising materials and content, or other properties (collectively, “In-N-Out Burger Properties”). If you believe any content, including User Content, residing on the In-N-Out Burger Properties infringes any person’s or entity’s copyright rights

Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

In-N-Out Burgers
Attn: Copyright - Legal
4199 Campus Drive, 9th Floor
Irvine, CA 92612
Fax: (949) 509-6378
E-mail: copyright@innout.com

We are only able to accept notices in the languages in which this Agreement is made available by us.

Use of the Services
We will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to our products hosted in the United States, these notices must include the required information set forth in the DMCA.

Intellectual Property Rights
The In-N-Out Burger Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of In-N-Out Burger by authorizing use of your User Content or otherwise using or accessing the In-N-Out Burger Properties.

Informal Dispute Resolution & Binding Arbitration, Class Action Waiver and Jury Trial Waiver
Please read this provision carefully—you are agreeing to resolve all disputes between you and us through binding individual arbitration and includes a class action waiver and jury trial waiver

Informal Dispute Resolution; Arbitration.  You and we each agree that any dispute, controversy, or claim arising out of or related to these UGC Terms of Use (the "dispute") shall go through the following informal dispute resolution process prior to submission to arbitration. First, the dispute, together with all relevant documentation, shall be submitted in writing to you (or your representative) and our senior management representative. The representatives will negotiate in an effort to resolve the dispute without the necessity of any formal proceeding. If the representatives cannot resolve the dispute within 60 calendar days of receipt of written notice, the dispute may be submitted to arbitration. If any dispute, controversy or claim arising out of or related to the UGC Terms of Use have not been resolved, the parties hereby agree to arbitration. All matters referred to arbitration shall be determined and settled according to the Commercial Arbitration Rules of the American Arbitration Association except as expressly set forth herein. Either party may demand arbitration by giving written notice to the other party stating the nature of the controversy. Arbitration shall be by a single arbitrator. The arbitration shall be held in Orange County, California or such other place as agreed upon by the parties. The arbitrator shall allow limited discovery as is appropriate for the purposes of the arbitration in accomplishing fair, speedy and cost-effective resolution of disputes. The costs of arbitration, including, without limitation, reasonable outside attorneys’ fees, shall be apportioned between the parties in the proportion to the amount of fault attributed to each party by the arbitrator. There shall be no award of punitive, consequential or extra-contractual damages. The decision of the arbitrator shall be final, conclusive and binding upon the parties and a judgment upon the award rendered by the arbitrator may be entered into any court having jurisdiction thereof. The parties agree and stipulate that time is of the essence in conducting the arbitration of disputes.

You and we hereby irrevocably waive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising under or in connection with these UGC Terms of Use.

Any arbitration of a dispute will be on an individual basis.  You understand and agree that you are waiving the right to participate as a class representative or class member in a class action lawsuit.

If any provision of these arbitration terms are found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

Disclaimers and Limitation on Liability
OUR SERVICES AND PRODUCTS TO THE EXTENT ACCESSIBLE OR PROVIDED TO YOU, OR OTHERWISE USED BY YOU UNDER THESE UGC TERMS OF USE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE UGC TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these UGC Terms of Use.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, LIABILITIES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

Additional Terms
These UGC Terms of Use apply to all In-N-Out Burger Properties and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the In-N-Out Burger Properties, you also will be subject to additional terms of use, agreements, guidelines or rules provided or posted by In-N-Out Burger applicable to such User Content, including but not limited to those set forth in In-N-Out Burger’s Terms and Conditions and Privacy Policy, and you hereby agree to be bound by such additional terms of use, agreements, guidelines or rules provided or posted by
In-N-Out Burger.