UGC Terms of Use

You have been provided access to this webpage because Mondelēz International, Inc. (“Mondelēz”) has requested your permission to use your social media content, also known as User Generated Content (“UGC”), for its brand Nutter Butter, as referenced in our Direct Message and per the terms in Section 2 below.

How to grant permission?

To permit Mondelēz to use the specific UGC, please reply to our Direct Message with #Yes. By replying with the hashtag #Yes, you agree to the following Terms of Use:

1. What can be used by Mondelēz and for how long

You acknowledge and agree that Mondelēz, its affiliates, and creative agencies may use and/or publish your UGC for its brand Nutter Butter, as well as your name, username, social media handle, likeness and/or voice, and any simulation thereof, and/or photographs or video of you (collectively, the “Material”), as embodied in the specific UGC, in perpetuity.

2. How the Material can be used and where

You acknowledge and agree that the Material may be used and/or published in the United States and its territories in any format (including, without limitation, print media, social media, or other electronic media) for any and all purposes (including, without limitation, in advertising, email, promotions, investor relations and videos, or internal and external award submissions) and/or on websites and social media accounts (including, without limitation, Facebook, Instagram, TikTok, YouTube, Snapchat, and X).

You acknowledge and agree that, although you will retain ownership of the Material, Mondelēz, its affiliates, and creative agencies may distribute, edit, reproduce, or otherwise change the Material (including, without limitation, with a filter or text overlay), without prior compensation, and you waive any right to inspect or approve the Material prior to such use.

3. How the Material cannot be used

Mondelēz acknowledges and agrees that Mondelēz, its affiliates, and creative agencies may not use and/or publish the Material in either physical or digital advertising content in geographical locations other than the United States and its territories. The Material may also not be used by Mondelēz, its affiliates, and creative agencies in physical product packaging in any geographical location.

4. Your rights to allow use by Mondelēz

You warrant and represent that (a) agreeing to these terms does not in any way conflict with any existing commitment on your part, which you may have made to other individuals, entities, parties, or other brands (e.g., any sponsorship agreement), (b) you are solely responsible for and are the sole, original creator of the Material, and (c) you are free to grant the rights provided in these Terms of Use.

You warrant and represent that you are 18 years of age or older, you own and/or have permission to depict any animals/pets in the Material, are competent to agree to these Terms of Use, and are authorized to grant the rights to the content contained in the Material, which shall include the rights of any other individuals appearing in your Material, all of whom are at least 18 years of age.

You also hereby understand and agree to (a) release and discharge Mondelēz, its affiliates, and creative agencies from any and all claims, proceedings, demands, causes of action, costs, damages, and/or expenses that you may have or may have hereafter, related to the following non-inclusive list: libel, defamation, invasion of privacy, intellectual property infringement, infringement of copyright, or violation of any other right arising out of any exhibition, use, publicity, or promotion of the Material and (b) indemnify and hold harmless Mondelēz, its affiliates, and creative agencies from damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses relating to or arising out of the use of the Materials as contemplated in these Terms of Use.

5. No fees payable or obligation to use

You understand and agree that no additional monetary or other consideration is owed to you in connection with these terms.

You understand and agree that there is no obligation for Mondelēz to use the Material or credit you for use of the Material and your name and/or username, social media handle or image may not appear on reproductions or representations of the Material.

6. Privacy

By submitting, tagging, or otherwise making available the Material for use by Mondelēz, you acknowledge and agree that Mondelēz may collect, use, and process any personal data obtained from you, including to the extent contained within the Material (such as, without limitation, your name, username, social media handle, image, likeness, voice, or other identifiers). Mondelēz will process such personal data in accordance with its Privacy Notice, which explains your rights and how to exercise them, among other topics. By granting permission, you represent that you have the necessary rights to share the Material and that the sharing does not infringe on the privacy or rights of any third parties.

7. General

You acknowledge and agree that, following dissemination by Mondelēz, Mondelēz is unable to prevent and shall not be held liable for, nor have a duty to police or seek removal of, any use made by third parties of the Material (alone, combined with other elements and/or works, or integrated in a larger unit or work), including when disseminated in geographical locations other than the United States and its territories, except where Mondelēz has expressly granted rights to use to the applicable third party (although Mondelēz shall alert you should it become aware of any suspected misuse(s) of your Material).

8. Changes to the terms

Mondelēz reserves the right to alter these Terms of Use without advance notice. Accordingly, you should review the Terms of Use each time you grant permission to feature any new UGC.