schleich Family FUNfluencers Terms and Conditions
To be eligible for acceptance into the schleich® Family FUNfluencer program, you must apply via the link on this website and follow the program rules below. schleich® may update the program at any time.
User Content. You acknowledge that any photos, videos, and written content such as texts on posts or comments posted on social media platforms (“User Content”) is your proprietary information. You warrant that you own all rights to such User Content and have the right to license such User Content to schleich®. You warrant that your User Content does not infringe on the intellectual or proprietary rights, privacy rights, publicity rights, or other legal rights of any third party. The User Content must not include content that is obscene, pornographic, libelous, or otherwise objectionable (including, without limitation, use of profanity, obscene language, and excessive violence. Schleich USA Inc. may, in its sole discretion, may refuse to accept or transmit your User Content for any reason.
User Content and Children. Any videos, photos, or content with children under the age of eighteen may only be uploaded by the child’s parent or legal guardian. By posting the video, photo, or content on your public social media page, you give consent for schleich® to collect and share the post on its websites or social media pages. By providing your children’s social media account information to schleich® and accepting these terms and conditions, you are consenting to schleich® collecting and sharing your child’s videos, photos, or posts via the schleich® website or social media pages, even if such posts contain photos of videos of your child under the age of 13.
You understand that by participating in this Program, you are voluntarily permitting schleich® to collect and share the personal information of yourself and your children, including children under the age of 13.[1] You understand that part of this program includes sharing public posts which may contain photos, videos, or materials that include your child or children using schleich®. You understand that schleich® will only share posts that you have made publicly available on your social media pages; it will not share any other personal information collected as part of the Program
[1] Personal information includes: full name; mailing address; online contact information like an email address, screenname or username; telephone number; persistent identifier that can be used to recognize a user over time and across different sites, including a cookie number, an IP address, a processor or device serial number, or a unique device identifier; a photo, video, or audio file containing a child’s image or voice; or geolocation information sufficient to identify a street name and city or town; or other information about the child or parent that is collected from the child and is combined with one of these identifiers.
For more information on how schleich® collects, uses, and safeguards your personal information, and the personal information of children under 13, or how to withdraw consent to schleich® collection, or use of personal information of
children under 13, please see schleich® privacy policy: https://privacy.schleich-s.com/.
If you withdraw your consent for schleich® collection or use of your child’s information, you may no longer be eligible to act as a schleich® Family FUNfluencer as schleich® may not be able to comply with your privacy wishes while still permitting your full participation in the schleich® Family FUNfluencer program.
Marketing License. You, on behalf of yourself, your spouse, and your children, grant schleich® a worldwide, absolute, and irrevocable license to share, distribute, use, reproduce, print, and/or publish your User Content in any media, including but not limited to video recordings, audiotapes, photographs, and digital images, in connection with schleich-s.com, schleich® social media sites and other schleich® marketing or promotional purposes. This includes using your User Content for marketing purposes, including use in or on websites, advertisements, promotions, marketing campaigns, media coverages or releases, videos, flyers or billboards, or other promotional materials compiled and distributed by schleich® or its third-party marketing partners and providers. The license for schleich® to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. You will not receive any compensation in exchange for this license other than the products provided as part of the schleich® Family FUNfluencer or any other compensation defined therein.
schleich® Proprietary Information.
You acknowledge that schleich® retains all proprietary rights, including property and intellectual property rights, in and to all logos, designs, and phrases used in its marketing, and all photographs, videos, audio files, and writings, whether in digital or in print, are copyrighted (“Intellectual Property”). You, on behalf of yourself, your spouse, and your children agree not to use any proprietary information for any purpose outside the scope of this Program.
Security. You are responsible for maintaining the security of your User Content and credentials for accessing your social media sites, and for all activities that occur or actions taken under your social media user profiles in connection with your use of such social media sites and this program.
Waiver and Release.
You, on behalf of yourself, your spouse, and your children, hereby releases schleich® from any and all claims arising out of your participation in the Program, including but not limited to claims resulting from your posting on social media platforms, or from any injury or damages, including death, resulting from your use or misuse of schleich® toys or products.
Indemnification. You, on behalf of yourself, your spouse, and your children, agree to indemnify, defend and hold schleich® and its officers, directors, officers, managers, members, investors and employees harmless from any claims, demands, suits, damages, losses, expenses, liabilities or causes of action arising or resulting directly or indirectly from or in connection with your participation in the Program. These obligations hereunder shall include schleich® cost of defense (i.e., legal fees and costs), as well as the payment of any final judgment.
Product.
All products are provided “as is.” COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DISCLAIMS ALL IMPLIED
Material Disclosures and Compliance with FTC Guidelines. When publishing posts/statuses about schleich® products, you must clearly disclose your “material connection” with schleich®, including the fact that you were given products, provided certain experiences, or paid for a particular service. The above disclosure should be compliant with FTC Guidelines and other applicable laws, should be clear and prominent, and must be made in close proximity to any statements you make about schleich® or schleich® products. This disclosure is required regardless of any character limitations of the third-party platform, where the disclosure can be made via hashtags, e.g. #sponsored. Your statements should always reflect your honest and truthful opinions and actual experiences. You should only make factual statements about schleich® or schleich® products which you know for certain are true and can be verified. By applying to the schleich® Family FUNfluencer Program, you warrant that you have viewed and will follow the Federal Trade Commission guidance for social media influencers.
Governing Law. By applyingfor the program you acknowledge you have read and agree to these Terms and Conditions, you have formed a binding contract ("Agreement") with schleich®. This agreement is governed by the laws of the State of North Carolina, excluding conflicts of laws provisions. The parties agree that the exclusive jurisdiction of any suits arising out of, relating to, or in any way connected with this Agreement shall be in the state or federal courts, as applicable, located in Charlotte, North Carolina.
Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the schleich Website. To read the Privacy Policy, click here.
Non-Endorsement. The schleich Family FUNfluencer program is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks that are used to promote the program or where User Content related to the program may be published. You understand that you are providing your information to Schleich USA Inc/ and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks.
Acceptance of Rules: By participating in the schleich Family FUNfluencer program, you acknowledge you have affirmatively reviewed, accepted, and agreed to these Terms and Conditions.