Shakopee Mdewakanton Sioux Community , owners and operators of the Mystic Lake® Casino, and its council, affiliates, members, agents, employees, successors and assigns (referred to as “SMSC,” “Us,” “We,” and/or “Our”), reaches out to social media users like you (“You”) to seek permission via these User-Generated Content Terms of Use (the “UGC Terms”) to feature your Content on our various sites, social channels, advertising, and other consumer-related platforms. “Content” refers to the image(s), video(s), clip(s), caption(s), comment(s), and/or other media content You publish on Facebook, X, Instagram, Pinterest, TikTok, Snapchat, YouTube or any other platform to which the link directing You to these UGC Terms was appended.

You are reading this because SMSC has requested your permission to use your Content in accordance with these UGC Terms. If You choose to allow Us to use your Content, signify that You agree to these UGC Terms by replying to our direct message with ‘I agree’.

SMSC reserves the right to alter these UGC Terms from time to time without notice to You by posting a revised version of these UGC Terms on its website at https://www.mysticlake.com/UGC-terms. Accordingly, You should review the UGC Terms each time You grant permission or authorization for Us to feature your Content.

ABOUT YOU

• You are at least eighteen (18) years of age and are legally considered an adult in the state or country where you reside and have the right to contract;
• You own all copyright in the Content, including the rights to any photograph, image, clip, caption or comment within your Content;
• You have full power and authority to agree to these UGC Terms;
• The Content is your own original creation (not taken from another website, social media posting, or elsewhere) and does not contain anything that violates the rights of any person or entity;
• The Content does not contain personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers);
• The Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than You or SMSC;
• The Content does not contain anything illegal, defamatory, false or misleading, obscene or offensive;
• The Content does not contain any advertising or promotional material or promote any product, service or other commercial activity, other than the product and/or services of SMSC;
• The Content does not contain harmful material such as malware, viruses, time bombs, and other computer programming routines that could damage or interfere with SMSC’s systems, program, data, or personal information;
• You have the consent or permission from any person(s) appearing in the Content (or owning any rights in the Content or anything appearing therein) to provide SMSC with the rights to use the Content as described in these UGC Terms;
• Your upload or post of the Content does not violate any applicable laws or the terms or requirements of the social media platform(s) where You uploaded or posted the Content;
• SMSC’s use of your Content as described in these UGC Terms will not violate the rights of any person or entity and will not violate any law;
• You confirm and agree that Our use of your Content as described in these UGC Terms does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and
• You have read and You agree to comply with all of the terms and conditions in these UGC Terms.

CONTENT LICENSE

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged , by replying in the affirmative to our request, You hereby grant to SMSC and its related organizations, council, affiliates, members, agents, employees, successors, assigns, licensees, sublicensees, contractors, successors, legal representatives, assigns, 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, freely transferable and sublicensable right to reproduce, publish, release, exhibit, republish, transmit, distribute, print, post, create derivative works from, and otherwise use your Content in connection with Licensed Parties’ business and any advertising, sales and marketing activities to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of You, location, or other identifying information that is publicly available or that you have provided to the Licensed Parties, including but not limited to your voice, in connection with any use of your Content.

You irrevocably and unconditionally grant to Us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for Our use of the Content and the rights You are granting Us under these UGC Terms. If requested, You agree to sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights You have given to us under these UGC Terms.

You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world. You have no right of approval or inspection and you are not entitled to any compensation.

You agree that this License includes the right of SMSC to reproduce, copy, cut, edit, revise, alter, adapt, modify, distribute, publicly display, publicly perform and/or otherwise change and use the Content, in whole or in part.

Whether We choose to use the Content or not is solely our choice. We have no obligation to use the Content and we may remove or stop using any Content at any time, for any reason. Use of the Content does not imply our endorsement of or any affiliation with You. We may use your Content with or without attribution to You at our discretion.

INTELLECTUAL PROPERTY RIGHTS

SMSC owns all rights in or is licensed to use the MYSTIC and MYSTIC LAKE names, logos, marks, proprietary information, and published and unpublished materials which may be protected by copyright, trademark and other intellectual property laws (the “Mystic Lake Property”). You acknowledge and agree that all goodwill that arises in connection with your use of the Mystic Lake Property inures exclusively to SMSC and agree not to challenge SMSC’s ownership or control of any Mystic Lake Property. You acknowledge and agree that You do not acquire any ownership or other rights in the Mystic Lake Property by authorizing use of your Content.

PRIVACY

The Content is deemed non-confidential, and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any Content, except pursuant to the Licensed Parties’ respective privacy policies. By agreeing to these UGC Terms, You are consenting to the Licensed Parties’ collection of any personal information You provide for the Licensed Parties’ use and disclosure in connection with the use of your Content as described herein. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By agreeing to these UGC Terms, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these UGC Terms, the applicable privacy polic(ies), and applicable data protection laws and regulations.

LIMITATION OF LIABILITY; DISCLAIMER

You hereby release, discharge, and agree to indemnify, defend and hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your Content, including without limitation any third-party claims under intellectual property laws or other federal law, or any proprietary right under any state law or under the law of any jurisdiction, including any and all laws relating to the right of privacy and/or the right of publicity. You shall be liable for and shall indemnify Us against any and all claims, actions, liabilities, losses, damages, expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by You of your obligations, representations or warranties under these UGC Terms.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE TO GRANT US THE RIGHTS SET FORTH IN THESE UGC TERMS AT YOUR OWN RISK. SMSC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE.

ADDITIONAL TERMS

To the extent your Content is displayed on the SMSC website or on any other SMSC platform, You also will be subject to additional terms of use, agreements, guidelines or rules provided by SMSC applicable to such platform(s), including but not limited to those set forth on the SMSC website at https://www.mysticlake.com/. You hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by SMSC.

MISCELLANEOUS

These UGC Terms are personal to You and may not be assigned or transferred by You for any reason whatsoever without SMSC’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if SMSC does not exercise or enforce any legal right or remedy which is contained in these UGC Terms (or which SMSC has the benefit of under any applicable law), this will not be taken to be a formal waiver of SMSC’s rights and that those rights or remedies will still be available to SMSC.

All matters relating to the Content and these UGC Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the SMSC without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, the Content or these UGC Terms shall be instituted exclusively in the courts of the SMSC. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms are invalid, then that provision will be removed without affecting the rest of the UGC Terms. The remaining provisions of these UGC Terms will continue to be valid and enforceable.

QUESTIONS?

If you have any questions regarding these UGC Terms, please contact us at:

Shakopee Mdewakanton Sioux Community / Mystic Lake Casino
Attn: User-Generated Content
2400 Mystic Lake Blvd Prior Lake, MN 55372.

You may also call us at 800-262-7799 or email us using the Contact Form available at www.mysticlake.com/contact-us