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Why you should NEVER # anything having to do with Delta

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Gary Leff dropped a Truth Bomb yesterday

Delta is taking an absurdly short sighted stance when it comes to social media tags. Leff pointed out that Delta has changed their terms and conditions pertaining to usage of #skymileslife or #deltamedallionlife whereby you not only give Delta non-exclusive rights to those photos IN PEPETUITY, but you’ll also be on the hook for Delta’s legal bill if you use a picture you don’t own. Wow. I can say for myself that I won’t #anything to do with Delta. Why would I even take the chance, OR freely tag and endorse anything having to do with a brand that will take advantage of their customer base. Rather than get TONS of free publicity and promo with insta tags, Delta is saying we will drop in a little note in the fine print that acquires free usage of your photos AND btw we will charge you if perhaps they are used inappropriately. CAHMON! No thanks Delta – I’ll tag companies that appreciate my free endorsement and won’t sue me.

Let’s instead look at a brand that gets how influential Social Media can be: Emirates. They gave Youtuber Casey Neistat a free ride in their new First Class Suite.

If you want to read the terms and conditions that Delta is applying.

User-Generated Social Media Image Rights

By tagging photos using #SkyMilesLife and/or #DeltaMedallionLife, user grants Delta Air Lines (and those they authorize) a royalty-free, world-wide, perpetual, non-exclusive license to publicly display, distribute, reproduce and create derivative works of the submissions, in whole or in part, in any media now existing or later developed, for any purpose, including, but not limited to, advertising and promotion on Delta websites, commercial products and any other Delta channels, including but not limited to #SkyMilesLife or #DeltaMedallionLife publications.

User warrants and represents: (a) he/she is the sole and exclusive owner of the Submission, including all rights therein, and that the user has the full and exclusive right, power and authority to submit the Submission and to grant the Sponsor the rights to the Submission, including but not limited to the worldwide copyright; (b) no part of the Submission has been published or distributed; (c) the submission does not infringe on the rights of any other person, firm, corporation or entity, and (d) no rights in the Submission have been previously granted to any person, firm, corporation or other entity. Sponsor reserves the right in its sole discretion to remove any Submission at any time in the event it is determined that the Submission is offensive, inappropriate, not in keeping with Sponsor’s image or if it is determined that the user has not otherwise complied with these Official Rules.

By tagging photos using #SkyMilesLife and/or #DeltaMedallionLife, user agrees to indemnify, defend, release and hold the Sponsor and their respective officers, directors, employees and agents (collectively, “Released Parties”) harmless from and against any and all losses, demands, damages, rights, claims, actions and liabilities of any kind (including reasonable attorneys’ fees and legal costs) arising out of or related to (a) user’s participation in the campaign or violating these terms or (b) any claims of infringement related to the Sponsor’s use of the Submission submitted to Sponsor in connection with the campaign.

Delta reserves the right to use or not use content tagged #Skymileslife and/or #DeltaMedallionLife and user will not be entitled to compensation if photo is used.

Opinions, reviews, analyses & recommendations are the author’s alone, and have not been reviewed, endorsed or approved by any of these entities.

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7 Comments

  • wm d meyers December 22, 2017

    are you all english teachers?

  • Carolyn December 22, 2017

    “PEPETUITY” should be “perpetuity” 😀

  • Wandering Aramean December 21, 2017

    Uhhh…the T&C clearly says non-exclusive rights. Your claim that it is exclusive is simply untrue.

    Also, this is pretty standard for such contests.

    • Miles December 21, 2017

      Unintentional omission – but surprised the Wandering Aramean is a Delta apologist 😉

  • Steve December 21, 2017

    I think the words you meant to use in the first sentence are “short sighted”.

  • Eric December 21, 2017

    Besides, you can’t have much of a life with Skymiles anyway!

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