User Generated Content Terms

By responding with #yesbrooksrunning or #yesbrookswomen, by uploading your Content, or by otherwise providing Content to Brooks, you agree to the following terms:

1. License Grant

You grant to Brooks Sports, Inc., its affiliates and related entities (collectively, "Brooks") a royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Instagram, Twitter, or other social media photograph(s), video(s), caption(s), and other content that you have tagged with a Brooks-specific label (such as #brooksrunning), or that you have otherwise provided to or shared with Brooks (collectively, "Content"), in any manner in Brooks' sole discretion, including but not limited to on its webpages, social media accounts, and in its other marketing and advertising materials.

You further grant to Brooks a royalty-free, worldwide, nonexclusive license to use your name (including social media handle(s)), image, voice, persona, and likeness, and those of any other person(s) appearing in your Content, in connection with Brooks' commercial or other use of your Content.

The licenses granted above shall continue unless you withdraw your consent by contacting Brooks as described in Section 4 below. Upon receipt of a valid withdrawal request, Brooks will cease new uses of your Content within a commercially reasonable time, though Content already incorporated into existing materials (such as printed catalogs, archived webpages, or previously distributed advertisements) may remain in circulation.

2. Your Representations and Warranties

You represent and warrant to Brooks that:

(a) You own all rights in and to your Content, or have obtained all necessary permissions to grant the licenses herein;

(b) You have obtained express permission from any person(s) appearing in your Content to grant the rights described in Section 1, and such person(s) have agreed to be bound by these terms (for Content depicting persons located in the EEA, UK, or Switzerland, you confirm that such persons have provided consent that complies with applicable data protection law and understand they may withdraw such consent);

(c) You are at least 18 years of age (or the age of majority in your jurisdiction);

(d) Brooks' use of your social media handle(s) or your Content will not violate the rights of any third party or any applicable law, including but not limited to rights of privacy and publicity; and

(e) Your Content does not contain any material that is defamatory, obscene, or otherwise unlawful.

3.  Release

You release, discharge, and agree to hold harmless Brooks and any person acting on Brooks' behalf from any liability related to Brooks' use of your social media handle(s) or your Content in accordance with these terms.

4. For Users in the European Economic Area, United Kingdom, or Switzerland — Data Protection Notice

Data Controller: Brooks Sports B.V. Olympisch Stadion 33, Amsterdam 1076 DE, Netherlands is the data controller responsible for processing your personal data under these terms.

Personal Data Processed: When you submit Content, Brooks may process your name, social media handle, image, likeness, voice, and any other personal data contained in your Content.

Purposes of Processing: Brooks processes your personal data for the purpose of marketing, advertising, and promoting Brooks' products and services across various media channels, including websites, social media, print, digital advertising, and retail displays.

Legal Basis: Brooks relies on your consent as the legal basis for processing your personal data under these terms.

Your Rights: Under applicable data protection law, you have the right to:

• Withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal
• Request access to your personal data;
• Request rectification of inaccurate personal data;
• Request erasure of your personal data;
• Object to processing or request restriction of processing; and
• Lodge a complaint with a supervisory authority.

How to Withdraw Consent or Exercise Your Rights: To withdraw your consent or exercise any of your data protection rights, please contact Brooks at: privacy@brooksrunning.com. Please include sufficient information to identify your Content (such as the date submitted, platform, and description or link to the Content).

Retention: Brooks will retain your Content and associated personal data for as long as your consent remains in effect, or as otherwise required or permitted by law.

International Transfers: Your personal data may be transferred to and processed in the United States, which may not provide the same level of data protection as your home country. By submitting Content, you acknowledge this transfer. Brooks implements appropriate safeguards for such transfers in accordance with applicable law.

5. General

These terms constitute the entire agreement between you and Brooks regarding your Content. Brooks reserves the right to remove any Content at any time for any reason. These terms shall be governed by the laws of the State of Washington, USA, without regard to conflict of law principles, except that users in the EEA, UK, or Switzerland shall retain any mandatory protections afforded by the laws of their country of residence.