Brain Quest Ambassador Program Terms and Conditions

Brain Quest Ambassador (“you”) and Workman Running Press Group, a division of Hachette Book Group, Inc. (“we,” “us,” or “our”) acknowledge and agree that your participation in the Brain Quest Ambassador Program (the “Program”) is subject to the following terms and conditions (the “Agreement”):

1. SCOPE OF PROGRAM. As a member of the Program, you agree to (i) periodically receive Brain Quest products (the “Products”) from us at the mailing address and/or email address that you have provided to us and (ii) create, upload, publish, display, link to, or otherwise make available (collectively, “post”) your reviews of such Products and/or related photos, videos, and materials on your personal social media accounts (“Your Content”), including, but not limited to, your accounts with Instagram, Inc. (“Instagram”) and/or TikTok Inc. (“TikTok”). To participate in this Program, you must be at least eighteen (18) years of age and a resident of the United States.

2. YOUR CONTENT. Your Content must make your connection to us clear, prominent, permanent, and immediately viewable (e.g., including “Thanks to Workman Running Press Group for the free book! #BrainQuestAmbassadorProgram” in the caption of an Instagram post). We may periodically provide you with suggested hashtags to use in your posts and encourage you to use such hashtags accordingly. Videos must include an audio disclosure making your connection to us clear and conspicuous within the first thirty (30) seconds. If you post about any Product on Instagram, you must comply with Instagram’s Branded Content Policies. If you post about any Product on TikTok, you must comply with TikTok’s Branded Content Policy. You agree that Your Content will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. You agree not to post Your Content if Your Content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of any third-party intellectual property rights, or otherwise injurious to third parties or objectionable. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of Your Content. You hereby represent that you have all rights to post Your Content. If we believe that any of Your Content violates any provision of this Agreement, we may request that you remove such of Your Content from your personal social media accounts, and you agree to comply with such request promptly, but in no event later than one (1) business day from the date of our request. We will not be liable for Your Content, and you agree that any loss or damage of any kind that occurs because of Your Content is solely your responsibility.

3. LICENSE GRANT. You grant us and our affiliates, subsidiaries, and/or parent companies the non-exclusive, royalty-free, fully paid, perpetual, irrevocable, sublicensable, transferable, worldwide right, permission, and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, share, display, edit, crop, and/or combine with other materials any of Your Content, in whole or in part, for our own promotional, advertising, or business uses relating to the Products or the Program, in any media now or hereafter developed, without further compensation or notice to you. For the avoidance of doubt, we may use Your Content in advertisements for the Products on our websites and in our newsletters.

4. OUR PROPRIETARY RIGHTS. Except for Your Content, all materials, text, graphics, illustrations, service marks, copyrights, trademarks, trade names, logos, photographs, audio, videos, and music related to this Program, and all intellectual property rights therein, are, as between you and us, our exclusive property (“Our Property”); provided, that, you may keep the Products that we send you in perpetuity, subject to your ongoing compliance with the terms of this Agreement. For the avoidance of doubt, you will not (i) sell, share, or distribute any Products that you receive from us before their official publication date, unless we have given our prior written consent for you to do so, or (ii) use any of our names, trademarks, or logos without our prior written consent other than to post Your Content in the manner provided for under this Agreement.

5. TERM; TERMINATION. The term of this Agreement begins on the date that you are notified that you have been accepted to the Program (the “Effective Date”) and ends on the date that is twelve (12) months from the Effective Date. We may agree to extend your participation in the Program following the date that is twelve (12) months from the Effective Date upon notice to you. Each party hereto has the right to terminate this Agreement at any time with or without cause upon notice to the other party (email sufficient). If we terminate this Agreement because you have breached any of your representations and warranties under this Agreement or Your Content or your personal social media accounts use or contain inappropriate language or materials, including, but not limited to, language or materials that promote bigotry, racism, or discrimination of any kind, we will notify you of the reason for our termination, and you will immediately remove any of Your Content that you have posted and no longer refer to yourself as a member of the Program.

6. CONFIDENTIALITY. If we designate any information and/or materials that we provide to you as “confidential,” you agree to keep such information and/or materials confidential and not disclose such information and/or materials to any third party during the term of this Agreement or any time thereafter without our prior written consent.

7. REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant that (i) you are the age of majority in the state in which you reside; (ii) you have the full power and authority to enter into this Agreement (and grant any rights, permissions, and/or licenses hereunder); (iii) you solely own or control all social media accounts on which you will post Your Content; (iv) Your Content will be original and will not infringe upon our or any third party’s copyright, trademark, right of publicity, privacy, or any other proprietary rights; (v) any posts and any other statements or feedback that you make in connection with any Product or the Program will be true and accurately reflect your honest opinion and personal experience with such Product and the Program; (vi) Your Content will be in compliance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and any applicable terms of service and/or privacy policies of all platforms on which you post Your Content; and (vii) if Your Content features the name, likeness, voice, appearance, and/or biographical information of any minor, you are the parent or legal guardian of such minor or otherwise have secured all necessary permissions and consents from the parent or legal guardian of such minor for us to use Your Content pursuant to this Agreement. You agree that you will indemnify us for any liabilities, expenses, or claims that arise from your breach of the above representations and warranties.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. The Program, all Products, and any other information, content, materials, products, and services provided by us to you are made available on an “as is” basis, and we make no representations or warranties of any kind, express or implied, in connection with this Agreement, including as to the number of Products that we will send you during the term of this Agreement. We will not be liable to you for any damages of any kind arising from your participation in the Program or any Products sent by us to you in connection with the Program, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. We will not be liable to you if any Products that we send you are lost, late, stolen, misdirected, or undeliverable. You hereby release and discharge us from any and all claims and demands arising out of or in connection with our use of Your Content.

9. FEEDBACK. You may choose, or we may invite you, to submit comments or ideas about the Products and/or the Program, including, without limitation, how to improve the Program (“Feedback”). By submitting any such Feedback, you acknowledge and agree that we are free to use such Feedback for any purpose without any compensation to you.

10. PERSONAL INFORMATION. You acknowledge and agree that (i) you have the right to provide us with any personal information that you submit to us in connection with the Program or this Agreement and (ii) such personal information will be subject to the terms and conditions of our Privacy Policy.

11. RELATIONSHIP OF PARTIES. You are not an employee or representative of ours, nor are you authorized to obligate or bind us in any way. You agree that you are not entitled to claim any of the rights or benefits of our employees.

12. ASSIGNMENT. You may not transfer or assign this Agreement nor any rights and/or licenses granted to you hereunder.

13. ENTIRE AGREEMENT. This Agreement is the complete agreement between the parties with respect to the subject matter hereof. We reserve the right to amend this Agreement at any time, in our sole discretion, upon providing notice to you or by posting the revised Agreement on this website. Your continued participation in this Program after any such amendment constitutes your acceptance of the revised Agreement. If any provision of this Agreement is deemed unenforceable, the rest of the Agreement will remain in effect. No failure on our part to exercise any right or remedy under this Agreement or insist on your compliance with your obligations hereunder will constitute a waiver by us of our right to exercise such right or remedy or demand such compliance.

14. JURISDICTION. This Agreement will be governed by the laws of the State of New York, and any action or proceeding arising out of this Agreement may only be brought in federal or state courts located in New York County in the State of New York.