UGC Terms and Conditions

1. These terms

1.1 Information about us

We are Yoplait UK Limited, a company registered in England and Wales (“we“, “us“). Our company registration number is 02597128 and our registered office is at Fourth Floor, Charter Building, Charter Place, Uxbridge, England, UB8 1JG.

1.2 What these terms cover

These are the terms and conditions on which we may use certain photographs, audio-visual content, artwork, graphics, designs, performance and any other material protected by intellectual property rights (“Content“) which you as the user (“you“) upload to social media (including but not limited to Facebook, Twitter, TikTok and Instagram). 

When these terms apply. These terms apply when we ask you if we can use the Content by sending you a public comment or private message on social media which includes a link to these terms and conditions and you reply and consent  with the hashtag #YoplaitPhoto and/or ‘yes I consent’ to our following question: “Hi, we absolutely loved this photo you shared of a Yoplait product and we’d love to reshare it on our social media feeds. Would that be OK with you? Please read our terms and conditions and reply ‘Yes, I agree’ to confirm that you agree”.

1.3 Our request

2. Information about how to contact us

2.1 How to contact us

You can contact us by using one of the methods set out on the page of our website (www.yoplait.co.uk) titled ‘Contact Us’.

3. The rights you grant to us

3.1 You retain ownership of the content

You retain all of your ownership rights in the Content but by replying to us with #YoplaitPhoto and/or ‘yes I consent’ in accordance with paragraph 1.3, you grant us, and the marketing agencies which work for us (our “Marketing Agencies“) rights to use your Content. The rights you grant to us and our Marketing Agencies are described in paragraph 3.2.2 and 3.3 of these terms and conditions. We will provide you with a list of our Marketing Agencies on requestor you can find these in our privacy policy at https://yoplait.co.uk/privacy-policy/.

3.2 Our right to use the Content

By replying to Our Request with the hashtag#YoplaitPhoto and/or ‘yes I consent ‘, you:

  • confirm to us that you accept these terms and conditions, and agree to be bound by them;
  • grant to us and our Marketing Agencies a worldwide, transferable, royalty-free,  non-exclusive right to use the Content (until and unless you wish to withdraw your consent, which is one of your rights, see https://yoplait.co.uk/privacy-policy/)  on webpages and social media pages operated by us; and
  • provide your consent for the Content to be used as we have explained in Our Request.

3.3 Our right to use your name

As part of Our Request, we will ask you if you would like us to refer to your name, username and/or social media profile as part of our use of your Content. In the event that you give us permission to do this by replying ‘Yes I consent’ to our following question: “Would you like us to use your name, username and/or social media profile as part of our use of your Content? Please indicate your preference and answer “Yes, I agree” to confirm your consent”.

You consent and grant to us and our Marketing Agencies the right to use such information in this manner.

3.4 What you promise to us

You warrant (meaning you promise) to us and our Marketing Agencies that:

  • you own all rights in the Content (including all intellectual property rights) or have obtained permission from the owner(s) of the Content that allows you to grant us the rights set out in paragraphs 3.2.2 and 3.3 of these terms and conditions;
  • our use of the Content in accordance with these terms and conditions will not infringe the rights, including intellectual property rights, of any third party;
  • you and any person featured in the Contenthave each consented to the use of their image and  that if you feature a person under 13 years old in the Content, you confirm that you are their parent or guardian and that you hereby consent on their behalf; and
  • you have the permission of any person featured in the Content to grant us the rights set out in paragraph 3.2.2 and 3.3 of these terms and conditions.

3.5 What happens if you breach the promise you make under paragraph 3.4 of these terms and conditions.

You promise to reimburse us and the Marketing Agencies for any loss or damage which we and the Marketing Agencies suffer in the event you breach any warranty under paragraph 3.4 of these terms and conditions.

4. Confidentiality

4.1 Content is non-confidential

The Content will be considered non-confidential meaning we have no obligation to you to treat it confidentiality.

5. Personal data

5.1 Personal data may be collected

Personal data in the Content may be collected, processed, stored and used by us and the Marketing Agencies.

5.2 Processing we carry out

We carry out such processing in accordance with data protection regulations and in particular Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“GDPR“) and (“UK Data Protection Laws”) which means the GDPR as transposed into United Kingdom national law by operation of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (“UK GDPR“), together with the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) and other data protection or privacy legislation in force from time to time in the United Kingdom.

5.3 How we protect personal data

We undertake to implement all necessary and appropriate technical and organisational measures to protect the personal data.

5.4 How you can access and erase your personal data

The persons whose data are collected have a right of access, restriction, objection, portability, rectification and erasure in respect of their own data. They can also request a limitation of their data. These rights can be further reviewed in the Yoplait Privacy Policy https://yoplait.co.uk/privacy-policy/ and can be exercised by you and/or any person who appears in the Content with Annabel Francony Legros:

6. Our rights to change these terms and conditions

6.1 We may amend these terms and conditions at any time

These terms and conditions may be amended at any time by us without advance notice. You are able to view the latest version of these terms and conditions in force at https://yoplait.co.uk/ugc-terms-and-conditions/.

7. Other important terms

7.1 Nobody else has any rights under these terms and conditions except our Marketing Agencies

These terms and conditions are between you and us. No other person shall have any rights to enforce any of its terms, except our Marketing Agencies who may enforce the rights you grant to them pursuant to paragraph 3 of these terms and conditions. 

7.2 If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms and conditions (and each part of them) operate separately.  If any court or relevant authority decides that any of them (or any part) are unlawful, the remaining paragraphs (or parts) will remain in full force and effect.

7.3 Even if we delay in enforcing our rights under these terms and conditions, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breach of these terms and conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

7.4 Which laws apply to these terms and conditions and where you may bring legal proceedings

These terms and conditions are governed by English law and you can bring legal proceedings in respect of them in the English courts.