BRAND AMBASSADOR APPLICATION TERMS
These Application Terms (“Terms”) govern the process by which individuals may apply to be selected for the Soma + Psyche Brand Ambassador Program (“Program”).
WHO CAN PARTICIPATE: Applicants must be legal residents of the fifty (50) United States or District of Columbia and at least 18 years or older. Employees who are brand facing and/or directly impact influencer selection, briefing, or content review are not eligible.
TESTIMONIALS: While Applicants are encouraged to ask their followers to provide testimonials on their behalf, and the sentiments and information provided in the testimonials will be taken into consideration when the Application is being reviewed, testimonials are not required. Any testimonials provided by an Applicant’s followers should be true and reflect the actual beliefs and experience of the follower providing the testimonial. The Application and any corresponding testimonials are collectively referred to herein as “Program Materials.”
USE OF MATERIALS CREATED/PROVIDED BY SOMA + PSYCHE (E.G., INSTAGRAM STORIES): Upon submitting an Application, using Applicant’s uploaded photo (“Applicant Content”), Soma + Psyche may create materials, including, but not limited to, i) an Instagram Story for Applicant to share on Applicant’s Instagram feed and ii) a page on the Site where Applicant’s followers can leave a testimonial about Applicant (collectively, “Soma + Psyche Materials”). All rights, title, and interest in the Soma + Psyche Materials (including Soma + Psyche’s name, logo, and any other trademarks, but excluding the Applicant Content) are owned by Soma + Psyche. Soma + Psyche is providing the Applicant with a limited license to use the Soma + Psyche Materials solely in connection with promoting the Applicant’s participation in this Program. The Soma + Psyche Materials should not be used for any other purpose. Soma + Psyche reserves the right to disqualify any Applicant who violates this grant of rights.
Applicants agree and hereby warrant that they shall, as appropriate, disclose in all postings or uploads (including video posts / uploads) on internet or social media accounts owned or controlled by Applicant the fact that Applicant is posting for an opportunity to become a Soma + Psyche Brand Ambassador Program member; and such disclosures must comply with any applicable instructions or directions provided by Soma + Psyche.
GRANT OF RIGHTS TO APPLICATION: By submitting an Application, without limiting the generality of any of the foregoing, Applicants agree and hereby grant to Soma + Psyche and its designees, successors, licensees, and assigns an unlimited, perpetual, irrevocable, assignable, royalty-free, fully paid-up license to reproduce, distribute, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit, and otherwise use the Application (and agrees to waive all moral rights thereto), and all elements embodied therein, in whole or in part, in any manner and in any and all media now known or hereafter devised (including on Soma + Psyche’s website and social media pages) throughout the universe for any purpose whatsoever, including, without limitation, for commercial purposes, without compensation or notification to, or permission from, entrant or any third party.
APPLICANT SCREENING AND SELECTION PROCESS: All Program Materials will be reviewed by Soma + Psyche. Potential Soma + Psyche Brand Ambassador Program members, if any, will be contacted by email or telephone using the contact information provided as part of the Application and will be required to execute and return an Influencer Agreement within a time period specified by Soma + Psyche. If such all required documents are not returned within the specified time period, or a potential Soma + Psyche Brand Ambassador Program member cannot be contacted within a reasonable time period or is not in compliance with these Application Terms, such potential Soma + Psyche Brand Ambassador Program member will be disqualified. Soma + Psyche Brand Ambassador Program members who are selected, retained, and/or who execute an Influencer Agreement with Soma + Psyche as a result of this Program will not be considered employees of Soma + Psyche, unless an employment relationship was already in place.
SOMA + PSYCHE COMMUNICATIONS: By submitting an Application, you agree to accept and receive communications from Soma + Psyche or Soma + Psyche’s third-party service providers, including via email, text message, and calls, to the mobile phone number you provided to Soma + Psyche in your Application. When you opt in to receive text messages in your Application, you authorize Soma + Psyche and Soma + Psyche’s third-party service providers to send you updates, alerts, promotions, specials, and other information about Soma + Psyche Brand Ambassador Program from Soma + Psyche via text messages or calls to the number you provided in your Application. Text messages or calls may be sent or made using an automatic telephone dialing system or other technology. Message frequency may vary. Message and data rates may apply. You may opt out of receiving text messages at any time by replying “STOP.”
GENERAL CONDITIONS: Void where prohibited by law. This Program is subject to all applicable federal, state, provincial, territorial, and local laws. By submitting an Application, Applicants agree (a) to release, discharge, hold harmless, and indemnify Soma + Psyche, its parent, affiliates, subsidiaries, and advertising and promotion agencies, Instagram, and the respective officers, directors, shareholders, employees, agents, and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses, and damages of any kind (including, without limitation, arising from claims based upon copyright infringement, invasion of privacy, defamation, or right of publicity) to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Applicant’s participation in the Program, Application Process, and/or the use of any Program Terms, in whole or in part, in any manner by Soma + Psyche in connection with the Program; and (b) to the use by Soma + Psyche and its designees of Applicants’ names, biographical information, cities and states, provinces or territories of residence, photographs (including, without limitation, profile photos) images, and/or likenesses for advertising, publicity, promotional, and trade purposes in any and all media, now or hereafter known, in any manner, worldwide in perpetuity, without compensation (unless prohibited by law) or additional consents from Applicants or any third party and without prior notice, approval, or inspection, and to execute specific consent to such use if asked to do so.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Applications or emails; or for lost, interrupted, or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing, or otherwise relating to or in connection with the Program or the Application Process, including, without limitation, errors or difficulties which may occur in connection with the administration of the Application Process or in any Application or Program-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Application process or the Program. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Application process or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Application process or website, who act in an unsportsmanlike or disruptive manner, or who are in violation of these Application Terms, as solely determined by Soma + Psyche, will be disqualified. Soma + Psyche reserves the right at its sole discretion to suspend, modify, or terminate the Program at any time and for any reason.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICATION PROCESS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SOMA + PSYCHE RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
If you have any questions regarding these Terms, you may email firstname.lastname@example.org.