Last Update: May 12, 2022

Hooray Studios d.o.o., Dunajska cesta 5, 1000 Ljubljana, Slovenia, (“Hooray”, “we”, “our” or “us”) aspires to build up its reputation and expand its recognition, including through promotion and advertising on social media. Hooray adopted this Social Media Content Policy (“Policy”) because at the same time Hooray remains committed to ensure that addressees of its advertising and promotional messages clearly understand their promotional nature.

This Policy governs the cooperation between Hooray and any influencers, talents, bloggers and other individuals who for consideration received by Hooray make any kind of promotional, advertising or other statements about Hooray, its affiliates, and/or any of their respective products or services on social media (“you” or “your”).

By agreeing to Influencer Terms, you agree to and wish to be bound by this Social Media Content Policy, which is incorporated into and made part of the Influencer Terms by reference.

1. CREATION AND USE OF THE CONTENT.

1.1. Any photo and/or video content, post, text, message, graphic and other deliverable, including editorial content, which incorporates or is based on, in whole or in part, Hooray products or services, Hooray’s names, characters and logos, trade names, service marks, confidential information and/or other intellectual property rights of Hooray or any of its affiliates, and/or in any other way relates to Hooray, its affiliates, and/or any of their respective products or services created and self-produced by you (“Content”) shall be made in complete autonomy and in compliance with all applicable laws, regulations, guidance and industry best practices, including but not limited to to ARPP Recommendation on Digital Communication Ads and FTC CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising.

1.2. Particularly, you shall ensure the Content:

• will not infringe copyright, trademark, design or other intellectual property right, confidential information, personal information, privacy or publicity of any third person, and that any and all Content shall be independently developed and created by you and in case any part of the Content is created by any other entity, you have obtained appropriate prior written approval or rights in such part of the Content;
• includes only truthful and substantiated statements based on your actual experience with Hooray’s products and services and shall not include any statements about the products and services you have not personally used, examined, or evaluated;
• does not feature any statements that are defamatory, misleading or false and any statements that are not backed up by evidence about Hooray’s or Hooray competitors’ products or services;
• does not consist of any offensive comments that have the purpose or effect of creating an intimidating or hostile environment and does not include ethnic slurs, personal insults, obscenity, or other offensive language;
• does not in any way promote unsafe activities that could lead to an unsafe situation involving Hooray’ consumers or other individuals;
• does not disclose any proprietary or confidential information relating to the actual or anticipated business or development of Hooray, technical data, processes, trade secrets or know-how, including, but not limited to, product plans, information regarding Hooray’s products or services and markets, customer lists and customers, finance, marketing or other business information.

2. POSTING OF THE SOCIAL MEDIA POST AND DISCLOSURE OF MATERIAL CONNECTION.

2.1. Social Media Post

2.1.1. The Content created in accordance with the previous section of this Policy shall be published, in whole or in part, on social media account owned and/or controlled by you (“Social Media Post(s)”), whereas the Social Media Post(s) shall consist exclusively of the Content and shall not incorporate any other material.

2.1.2. Furthermore, you undertake not carry out any promotional giveaway such as sweepstakes, contest, and/or provision of discount code through the Social Media Post(s) without prior written approval from Hooray. Likewise, you undertake not to offer for sale or solicit products on behalf of Hooray.

2.1.3. You shall, further, refrain from creating fake followers or engagement on social media platforms, such as buying followers or using bots to grow audience size by automating account creation, following, commenting, and liking.

2.2. Disclosure of Material Connection

2.2.1. In the Social Media Post(s) you shall disclose to the public the material connection you have with Hooray in accordance with applicable laws, guidance and industry best practice, including but not limited to to ARPP Recommendation on Digital Communication Ads and FTC CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising.

2.2.2. A disclosure of material connection with Hooray, its affiliates, subsidiaries or agents must be disclosed in a language or languages of the Social Media Post(s) and must be such to be easily noticed and understood by consumer and shall be written in plain and unambiguous language. It shall not be hidden or buried in footnotes, blocks of text consumers are not likely to read, or in hyperlinks.

2.2.3. Some social media platforms provide built-in disclosure tools. When posting the Social Media Post(s), you must use an appropriate built-in social media branded content platform tool, if such is available. However, these built-in branded content platform tools should not be relied on alone to meet disclosure requirements. When no prominent disclosure is assured using these tools, the use of such tools may not be considered an adequate disclosure and you should consider including in your Social Media Post(s) additional disclosure about your material connection with Hooray in accordance with section 2.2.4.

2.2.4. You should adjust the disclosure to the nature of the Social Media Post(s) and the nature of the social media platform on which you are publishing so to ensure your disclosure of your material connection with Hooray is unambiguous and prominent.

2.2.4.1. The Social Media Post(s) published on Instagram or TikTok social media platforms, whether as a post, story or video, shall include a disclosure which clearly acknowledges the material connection to Hooray, its affiliates, subsidiaries or agents. Such disclosure shall appear at the beginning of a caption before the “more” truncated cutoff, in a post/story itself or at the beginning of a video. In order to make the promotional nature of communication clearly evident the following words or hashtags or their translation into a language of a Social Media Post(s) shall be used: “Ad” or “#ad”, “Sponsored” or “#sponsored”, “Promotion” or “#promotion”, “Advertisement” or “#advertisement”.

2.2.4.2. The Social Media Post(s) published on YouTube and other similar video sharing platforms shall include disclosure of material connection with Hooray, its affiliates, subsidiaries or agents within the video itself rather than in video description box. A disclosure shall be either spoken or superimposed on a screen early in the video. In order to make the promotional nature of communication clearly evident the following words or phrases or their translation into a language of the Social Media Post(s) or similar shall be used: “Ad”, “Sponsored”, “Promotion” “Advertisement”, “I received [product] from Hooray Studios”.

2.2.4.3. Social Media Post(s) in a form of a blog post shall, likewise, include disclosure of material connection with Hooray, its affiliates, subsidiaries or agents. A disclosure shall be placed in close proximity to the endorsement, into the blog post itself, and shall not be hidden at the very top or bottom of a page, in footnotes or hyperlinks leading to a disclosure. In order to make the promotional nature of communication clearly evident the following words or phrases or their translation into a language of the Social Media Post(s) shall be included into a post itself: “Ad”, “Sponsored”, “Promotion” “Advertisement”, “I received [product] from Hooray Studios”, “Hooray Studios sent me this [product].”

3. GENERAL

Hooray reserves the right to update and change any part or all of this Policy. The updated Policy will be posted here with the “Last Updated” date above amended to reflect the date of the most recent version. We encourage you to review this Policy periodically.