USER GENERATED CONTENT TERMS
Effective Date: May 26, 2026 Last Updated: May 26, 2026
These User Generated Content Terms ("UGC Terms") govern your submission of content to Hyper Energy Bar ("Hyper," "we," "us," or "our") through any channel, including our website, social media accounts, hashtag campaigns, or direct submission. These UGC Terms supplement our Terms of Service and Privacy Policy. By submitting content to us or tagging us in your content, you agree to be bound by these UGC Terms.
1. What Is User Generated Content
"User Generated Content" or "UGC" means any photograph, video, audio recording, text, review, comment, caption, or other material that you create and share publicly in any of the following ways:
- Tagging Hyper's official social media accounts (e.g., @hyperenergybar)
- Using a hashtag associated with Hyper or a Hyper campaign (e.g., #HyperEnergyBar, #HyperLife)
- Submitting content directly to Hyper through our website, email, or social media direct message
- Participating in any Hyper contest, giveaway, or promotion that involves submitting content
- Responding to a request from Hyper to use your content
2. License to Hyper
When you submit UGC or tag Hyper in your content, you grant Hyper a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and sublicensable license to use, copy, reproduce, modify, adapt, translate, publish, distribute, publicly display, publicly perform, create derivative works of, and otherwise exploit the UGC, in whole or in part, in any form, media, or technology now known or later developed, for any purpose, including without limitation:
- Reposting on Hyper's social media accounts (Instagram, Facebook, TikTok, and any future platforms)
- Use in paid advertising campaigns across any platform
- Use on hyperenergybar.com and related websites
- Use in email marketing, newsletters, and direct communications
- Use in print materials, packaging, in-store displays, and merchandise
- Use in press releases, media interviews, and corporate communications
- Modification, editing, cropping, color correction, and combination with other content
This license is granted without any obligation of attribution, notification, or compensation to you, unless we expressly agree otherwise in writing.
3. Your Representations and Warranties
By submitting UGC or tagging Hyper in your content, you represent and warrant that:
- You are at least 18 years old, or if between 13 and 17, you have permission from a parent or legal guardian to submit the UGC and grant the license described above
- You created the UGC yourself, or you have obtained all necessary rights, licenses, and permissions to grant the license described above
- The UGC does not infringe the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party
- Any person identifiable in the UGC has given their consent for Hyper to use the UGC as described in these UGC Terms, and if any such person is under 18, you have obtained consent from their parent or legal guardian
- The UGC does not contain any material that is unlawful, defamatory, obscene, pornographic, harassing, threatening, hateful, or otherwise objectionable
- The UGC does not contain any confidential information, trade secrets, or third-party trademarks used without authorization
- The UGC is your original work or has been properly licensed for the uses described in these UGC Terms
4. Release of Claims
You release Hyper, its officers, directors, employees, agents, franchisees, and licensors from any and all claims, demands, actions, or liabilities arising out of or related to Hyper's use of your UGC as permitted under these UGC Terms, including without limitation claims for invasion of privacy, right of publicity, defamation, copyright infringement, and emotional distress.
5. No Compensation
You acknowledge that Hyper has no obligation to compensate you for the submission or use of your UGC. You will not receive payment, royalties, credit, or any other consideration in exchange for the license you grant under these UGC Terms, unless Hyper expressly agrees otherwise in a separate written agreement (such as a paid creator partnership).
6. No Obligation to Use
Hyper has no obligation to use, post, or repost any UGC you submit or tag us in. Hyper may decline to use any UGC, or may remove UGC from its channels at any time, in its sole discretion, without notice or explanation.
7. Removal Requests
If you wish to request that Hyper stop using specific UGC, you may contact us at [email protected] with the subject line "UGC Removal Request." We will make reasonable efforts to discontinue future use of the identified UGC within a reasonable period. However, due to the nature of digital distribution, we cannot guarantee removal from all platforms, archives, or downstream uses. Prior uses of the UGC under the license granted in Section 2 remain authorized.
8. Minors
Hyper does not knowingly accept UGC from individuals under 13 years of age. If you are between the ages of 13 and 17, you may only submit UGC with the consent of a parent or legal guardian, and that parent or legal guardian must agree to be bound by these UGC Terms on your behalf. If your UGC includes any individual under 18, you must obtain consent from that individual's parent or legal guardian before submission.
9. Prohibited Content
You must not submit UGC that:
- Promotes illegal activity or violates any law or regulation
- Contains hate speech, harassment, threats, or discriminatory content
- Depicts unsafe behavior involving Hyper products (e.g., reckless driving with a drink, dangerous stunts)
- Contains nudity, sexual content, or sexually suggestive material
- Promotes competing brands or products
- Misrepresents Hyper, its products, or its employees
- Contains medical, health, or nutritional claims about Hyper products
- Includes minors in any inappropriate context
Hyper reserves the right to refuse to use, repost, or otherwise engage with any UGC that violates these UGC Terms, in our sole discretion.
10. Indemnification
You agree to indemnify, defend, and hold harmless Hyper, its officers, directors, employees, agents, franchisees, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your UGC; (b) your breach of these UGC Terms; or (c) your violation of any third-party rights.
11. Governing Law
These UGC Terms are governed by the laws of the State of Iowa, without regard to its conflict of laws principles. Any dispute arising out of or related to these UGC Terms shall be brought exclusively in the state or federal courts located in Polk County, Iowa.
12. Changes to These Terms
We may update these UGC Terms from time to time. The "Last Updated" date at the top of these UGC Terms indicates when they were most recently revised. Continued submission of UGC after the effective date of any revised UGC Terms constitutes acceptance of the updated terms.
13. Contact Us
For questions about these UGC Terms or to request removal of your content:
Hyper Energy Bar
11275 Northwest Aurora Avenue
Urbandale, Iowa 50322-7906
United States
Email: [email protected]
Phone: (515) 644-6155