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Hy-Vee Creator Program Terms and Conditions

June 4, 2024 | Promotions


These Hy-Vee, Inc. Creator Program Terms and Conditions (“Agreement”) contain terms and conditions that apply to your participation as a Creator in the Hy-Vee Creator Program (the “Creator Program”). By enrolling in the Creator Program, you agree to be bound by this Agreement. This Agreement affects your legal rights, responsibilities, and obligations, govern your participation in the Creator Program, and are legally binding. If you do not wish to be bound by this Agreement, do not enroll in the Creator Program.


BY ENROLLING IN THE CREATOR PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND EXHIBITS.


1. ELIGIBILITY AND ENROLLMENT


To participate in the Creator Program and be eligible for Rewards, you must submit a completed Creator application provided by Hy-Vee through CreatorIQ. You must be a legal resident of the United States and at least eighteen (18) years of age or older (or the age of majority in your state, whichever is greater). You must also be a Hy-Vee PERKS® program member. Employees of Hy-Vee and/or any of its subsidiaries, affiliates, or related companies are not eligible to participate in the Creator Program.

Once you complete a Creator application, Hy-Vee will evaluate your application and will notify you if you are accepted for participation in the Creator Program. Hy-Vee may reject your application for any reason (in its sole discretion). If your application is accepted, you will be notified by Hy-Vee and enrolled in the Creator Program.

To remain eligible and enrolled in the Creator Program, Posts (as defined below) must appear on Creator’s Social Platforms a minimum of once per month and all Posts must comply with the requirements contained in this Agreement.

2. DEFINITIONS

“Creator” shall mean the individual participating in the Creator Program through display of Hy-Vee’s products on the social media accounts owned or controlled by Creator, including but not limited to Instagram, TikTok, or YouTube Shorts (individually and collectively, “Creator’s Social Platform(s)”), and tagging Hy-Vee in exchange for receiving Rewards from Hy-Vee.

“Rewards” shall mean the rewards Creator will receive from Hy-Vee for displaying and sharing qualifying Post(s), pursuant to these Terms.

“Post(s)” shall mean a post, story, tweet, video or blog, as applicable, made by Creator on Creator’s Social Platform(s), showcasing the Hy-Vee brand or Product and subject to these Terms.

“Product” shall mean product available for purchase at Hy-Vee. Creator is solely responsible for acquiring (by purchase, borrow or otherwise) any such Product(s); however, from time to time, Hy-Vee may gift Product(s) to Creator as determined in its sole discretion.

3. POSTS

Creator's Post(s):

  • Must depict only Creator and no other person, unless such person is at least eighteen (18) years of age or older (or the age of majority in the state in which the person is located, whichever is greater) and the Creator has obtained the consent of such person to be depicted in the Post or, if the person is under the age of 18, Creator is the minor’s parent/legal guardian or Creator has obtained the authorization and release from a parent or legal guardian of any such person(s) under the age of 18 who appear in the Post;
  • Must depict use of the Hy-Vee brand or Product;
  • Must appear in-feed on Creator’s Social Platforms a minimum of one time per month;
  • Must include #Hy-VeePartner or other similarly approved language as provided by Hy-Vee in a clear and conspicuous manner (for example, in an Instagram Post, it must appear within the first three lines of the Post or superimposed in a story);
  • Must tag and mention in captions @HyVee;
  • Must not mention or reference any brand other than Hy-Vee (except the brand of the Product, to the extent the Product is a brand other than Hy-Vee);
  • Must not defame, misrepresent or disparage Hy-Vee, its business, products, or brands, or any other brands, products, or services competitive to Hy-Vee or its business, products, or brands;
  • Must reflect Creator’s actual opinions of experiences with Hy-Vee and its Product(s);
  • Must not contain any representations about Hy-Vee or its Products(s) that are false, misleading, or deceptive;
  • Must be Creator’s own original work, created solely by Creator;
  • Must not infringe on the copyright, trademark, privacy, publicity, or any other rights of any person or entity;
  • Must not contain or reference content which is obscene, sexually explicit, disparaging, defamatory, or otherwise illegal, offensive or inappropriate in any way; and
  • Must otherwise comply with the Content Standards and Brand Guidelines attached hereto as Exhibit A.

Creator agrees that Creator shall abide by the foregoing requirements, as well as all applicable laws, rules and regulations, including but not limited to the Federal Trade Commission’s Endorsement Guides (“FTC Guides”), which require that material connections between advertisers and endorsers be disclosed, as well as the Community Guidelines and any other applicable policies of the social media platform used by Creator for the Post(s).

Hy-Vee reserves the right to withhold Rewards and/or terminate your participation in the Creator Program if it determines, in its sole discretion, that you are not in compliance with any of the foregoing.

4. REWARDS

Once you earn Rewards, they will be added to your Hy-Vee PERKS® Program account. Rewards and the criteria to qualify for Rewards may change from time to time, and Rewards may be offered on a limited basis. Hy-Vee reserves the right to suspend the distribution of Rewards at any time and indefinitely, if it suspects any improper activity or a potential breach of any of these Terms by the Creator. Hy-Vee reserves the right to immediately cancel or withhold Rewards for any Post(s) that fail to comply with these Terms. Hy-Vee reserves the right, in its sole discretion, to change or modify the available Rewards at any time.

5. POLICIES AND PRICING

Hy-Vee may change its terms, policies, and procedures at any time consistent with applicable laws. Because prices and availability may vary from time to time, Creator may not display Hy-Vee price information on Creator’s Post(s) without Hy-Vee’s prior written approval.

6. OWNERSHIP OF HY-VEE WEBSITE AND CREATOR PROGRAM

Hy-Vee shall own all right, title and interest, including all intellectual property rights, in and to Hy-Vee’s website, App, and the Creator Program. Intellectual property rights include copyright rights, trademark rights, patent rights, trade secrets, moral rights, rights of publicity, authors’ rights, contract and licensing rights, goodwill, and any other intellectual property rights as may exist now or come into existence later, regardless of whether such rights arise under the laws of the United States or any other country or jurisdiction.

7. CREATOR CONTENT AND LICENSE TO USE CREATOR'S IMAGE AND POSTS

As between Creator and Hy-Vee, Creator shall own all Post(s) posted or shared on Creator’s Social Platform(s) (“Creator’s Content”). Creator gives Hy-Vee the perpetual, worldwide, royalty-free right and license to publish, copy, re-post, link to, or otherwise use Creator’s Content, usernames for Creator’s Social Platform(s), your name, and your image and likeness depicted in a Post, in whole or in part, for any purpose in our discretion, in any medium, without limitation, additional compensation, notice, review, or approval.

8. RESPONSIBILITY FOR CREATOR'S SOCIAL PLATFORM

Creator represents and warrants that: (i) all ideas and materials of any nature that Creator posts on Creator’s Social Media, if any, including without limitation, any music or audio contained in the Post(s), will be Creator’s original creations or licensed for use hereunder from the parties that own or control the rights, and (ii) the use of the Post(s) by Hy-Vee, its respective assigns and licensees, will not misappropriate, violate or infringe any intellectual property rights, or any rights of privacy or publicity, of any third party; (iii) Creator shall comply with all applicable federal, state and local laws, rules and regulations, as well as any and all best industry practices; and (iv) Creator shall comply with any and all third party platform terms and conditions (e.g., Facebook, Twitter, Instagram, etc.).

9. INDEMNITY

Creator will indemnify, defend and hold Hy-Vee and its subsidiaries, affiliates, members, agents, officers, employees, licensees, successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of: (i) any breach or alleged breach of any representation, warranty, covenant or agreement made by Creator herein, (ii) Creator’s performance hereunder or Hy-Vee’s use of any materials, ideas, creations or properties furnished by Creator, or (iii) Creator’s negligence, unauthorized acts or unauthorized use of any materials used in Creator’s Posts.

10.TERM AND TERMINATION

These Terms apply as soon as Creator enrolls in the Creator Program and will end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time, with or without cause, by giving the other party notice by email. Hy-Vee expressly reserves its right to terminate the Creator Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Creator notice by email.

11. MODIFICATION

Hy-Vee may modify these Terms at any time in its sole discretion. If any modification is unacceptable to you, your only recourse is to terminate your enrollment in the Creator Program. Your continued participation in the Creator Program following Hy-Vee’s posting of any modified Terms will constitute binding acceptance of the change(s).

12. INDEPENDENT CONTRACTOR RELATIONSHIP

Creator acknowledges that the services to be performed hereunder will be performed as an independent contractor and not as an employee of Hy-Vee. Creator acknowledges that Creator has no authority to bind or make any commitments on behalf of Hy-Vee, its subsidiaries, or its affiliates.

13. LIMITATION OF LIABILITY

Creator agrees that its rights and remedies in the event of a breach of this agreement by Hy-Vee will be limited to the right, if any, to recover money damages in an action at law, and in no event will Creator be entitled by reason of any such breach to seek injunctive or other equitable relief. TO THE FULLEST EXTENT ALLOWED, CREATOR UNDERSTANDS AND AGREES THAT HY-VEE SHALL NOT BE LIABLE TO CREATOR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CREATOR PROGRAM, EVEN IF HY-VEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, HY-VEE’S TOTAL LIABILITY TO PARTICIPANT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE CREATOR PROGRAM WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

14. INVALIDITY

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect, or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

15. GOVERNING LAW; ARBITRATION; NO CLASS ACTION

This Agreement shall be governed by and construed under the laws of the state of Iowa, without regard to principles of conflicts of law, and the parties hereby submit to the exclusive jurisdiction of the federal and state courts located in Polk County, Iowa. Further, any and all disputes, claims and causes of action arising out of or connected with this Agreement and/or the Creator Program, will be resolved individually, without resort to any form of class action.

16. CONFIDENTIALITY

Creator hereby acknowledges that Creator may receive or have access to competitively sensitive information of Hy-Vee; and except as otherwise expressly permitted herein, Creator agrees to retain such information in the strictest confidence and shall not disclose such information to any third party, nor use such information for any purpose except as authorized by Hy-Vee in the performance of Creator’s services hereunder. In addition, Creator shall not disclose any business, technical or financial information of or about Hy-Vee which Creator may have access to (including, without limitation, business strategies, trade secrets, plans, media, materials, graphics, financial data, know-how, operational, organizational, technical, customer, formulas, web and product concepts, health information or personally identifiable information or employee information); and shall not disclose any other document or information in whatever form maintained, that is either marked or designated as confidential or proprietary, or that a reasonable person would consider to be confidential in light of the information contained therein, and the circumstances surrounding its disclosure. Creator hereby acknowledges and agrees that the provisions of this Paragraph 16 shall survive the termination or expiration of this Agreement. Nothing in this Agreement shall be construed to restrict Creator from disclosing Confidential Information as required by law or court order or other governmental order or request, provided in each case Creator shall promptly inform Hy-Vee and use all reasonable efforts to limit the disclosure and maintain the confidentiality of such proprietary and/or Confidential Information to the extent possible.

17. ENTIRE AGREEMENT

This Agreement and Exhibit A contain the full understanding of the parties with respect to the subject matter hereof and supersedes all previous discussions, negotiations, and understandings, whether written or oral.


Content Standards and Brand Guidelines

General:All terms used but not defined herein shall have the meanings set forth in the Agreement to which this Exhibit A is attached.

  • Always comply with Section 5 of the Federal Trade Commission Act and the FTC’s guidelines
  • Do not use, mention, and/or otherwise allow the appearance of any Hy-Vee branding and/or its products/services without the prior written approval of Hy-Vee in each instance.
  • Do not make deceptive or misleading statements or claims about Hy-Vee, its products/services, other third- party products/services, or any of Hy-Vee’s competitors’ products or services.
  • Competing brands may not be present, visible or mentioned in any content unless pre-approved by Hy-Vee in writing.
  • Do not post or disseminate any third-party trademarks, logos, copyrighted material or other proprietary materials without the express written consent of such third party.
  • Do not manipulate consumers or other individuals by creating “fake” communications, messages, profiles, links, websites, blogs or accounts designed to mislead individuals.
  • Do not engage in any communication and create any content that is defamatory or infringes upon the privacy and publicity rights, and/or other rights, of any third party (e.g., posting content without written permission from any persons depicted in such content, etc.).
  • Do not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, or the purpose of harassing others.
  • Do not use language that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • Do not post or disseminate material that is sexually explicit and/or contains nudity, excessive violence or offensive subject matter or that contains a link to an adult website.
  • Content must not be obscene or offensive, crude or vulgar (or include any vulgar language), endorse any form of hate or hate group, gang signs or symbol.
  • Content must not contain illegal drugs, tobacco, or firearms/weapons (and/or the use of any of the foregoing), or in any way promote unsafe or illegal activities that could lead to an unsafe situation involving Hy-Vee and/or its customers or other individuals.
  • • Do not include any personal identification, such as license plate numbers, personal names, e-mail addresses, websites, webpage links or street addresses.
  • Do not attempt to solicit passwords or personally identifiable information for commercial or unlawful purposes.
  • Do not include any look-alikes of celebrities or other public or private figures, living or dead, unless expressly authorized by Hy-Vee.
  • No political or religious references.
  • Do not communicate messages or images inconsistent with the positive images and/or goodwill to which Hy-Vee wishes to associate, and any content that could be deemed disparaging to Hy-Vee’s brand (as determined by Hy-Vee in its sole discretion) is prohibited.

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