Terms of Use For User Generated Content

Vail Resorts Terms of Use for User Generated Content

Vail Resorts, Inc. and its subsidiaries and affiliates (together, “Vail Resorts”) reaches out to social media users to seek their permission to feature our favorite content on our various websites, social channels, and other Vail Resorts’ marketing and advertising media (collectively, the “Sites”), and other advertising outlets including paid advertising. You are reading this because Vail Resorts has requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content (such as photos, text, graphics, audio, or video), including your name, profile information and location information associated with such content (collectively, “User Content”) by replying to Vail Resorts’ request with the hashtag #EpicYes, you agree to these Terms of Use and to Vail Resorts’ Online Privacy Policy located at snow.com/footer/privacy.aspx.

In addition, to the extent your User Content is displayed on the Sites you will also be subject to the Terms of Use for the Sites located at snow.com/footer/terms-and-conditions.aspx. If you do not agree to all of the terms of these Terms of Use, please do not submit User Content in response to a Request. Vail Resorts reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission to Vail Resorts to feature your User Content.

Prohibited Content

Vail Resorts’ policy is that it does not accept any User Content that is libelous, defamatory, harassing, threatening, bigoted, racist, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. You agree and represent and warrant that the User Content complies with this policy.

Age of Majority

By submitting your User Content, you confirm that you are at least the age of your majority in your state of residence. Ownership

You agree and represent and warrant that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights, and publicity rights (with respect to any person) contained in the User Content, without the need for payment to any other person or entity, to use and exploit, and to authorize Vail Resorts to use and exploit your User Content in all manners contemplated by these Terms of Use. You further agree to indemnify and hold Vail Resorts harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of you User Content resulting from a breach of these Terms of Use.

License

You retain ownership of any User Content you submit to Vail Resorts in response to a Request and grant to Vail Resorts and its respective agents, licensees, sublicensees, contractors, successors, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit any User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with Vail Resorts services or goods and on the Sites, any Vail Resorts Properties, third-party websites, social media pages, paid advertising in any medium (including broadcast), services, applications, and/or platforms), in any number of a copies and without limit as to time, manner, and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity.

Unsolicited Ideas Policy

Vail Resorts does not accept or consider unsolicited creative ideas, suggestions or materials. In connection with any User Content you submit to Vail Resorts – whether or not solicited by Vail Resorts -- you agree that any creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Vail Resorts in any way, and that you have no expectation of review, compensation or consideration of any type. This policy applies without limitation to any User Content you submit in response to a Request.

Miscellaneous

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason without the prior written consent of Vail Resorts. These Terms of Use are governed by and interpreted in accordance with the laws of the State of Colorado. Exclusive jurisdiction and venue for any legal proceedings related to these Terms of Use shall be in the state and federal courts located in Denver, Colorado. If we fail to enforce any provision of these Terms of Use, it will not be considered a waiver of our rights. If any portion of these Terms of Use is to be unenforceable, then the remaining clauses and provisions will remain in full force and effect. These Terms of Use, including Vail Resorts’ Online Privacy Policy and the Terms of Use for the Sites constitute the entire agreement between you and Vail Resorts regarding your submission of User Content, superseding any prior agreements between you and Vail Resorts with regard to your submission of User Content. All of Vail Resorts’ rights and obligations under these Terms of Use are freely assignable by Vail Resorts in connection with a merger, acquisition, or sale of assets.