Delta has updated their SkyMiles terms and conditions and under ‘program membership’ they now spell out how you could become legally liable to Delta for your hash tags.
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.
If you use the hash tags #SkyMilesLife or #DeltaMedallionLife and someone makes a claim against Delta because you use an image that they claim the rights to you are on the hook for Delta’s attorneys fees to defend against the claim even if the image is really yours.
You are indemnifying them against “all losses, demands, damages, rights, claims, actions and liabilities of any kind” so be careful how you tag Delta in social media!