Sideline Refer-A-Friend Promotion Official Rules

The Sideline Referral Promotion (the "Promotion") begins at 10:00 a.m. PT on May 12, 2022 (the "Promotion Start Date"), and ends at 11:59 p.m. PT on June 30, 2022 (the "Promotion End Date") (such period referred to herein as the "Promotion Period"). The Promotion is sponsored by Pinger, Inc. (the "Sponsor"). By participating in the Promotion, you agree to be bound by these Terms.

How to Participate

To participate in the Promotion, you must be a current subscriber ("Current Subscriber") of the Sideline mobile application (the "App") and you must refer a New User (as defined below). To be eligible as a Current Subscriber, you must receive a message from the Sponsor (email, text, or in-App message) that identifies you as eligible. If, as a Current Subscriber, you elect to participate via the mechanisms made available by the Sponsor after the Sponsor determines your eligibility, the Sponsor will provide you with a message (a "Sponsor Message") to send to your friends, with that message to include a unique link identified to you ("Your Link"). You may only send Sponsor Messages with Your Link to people that you know personally; you may not send Sponsor Messages to people that you do not know personally, in bulk, or that would violate anti-spamming laws and regulations, including the CAN-SPAM Act. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification. If one of those friends signs up to Sideline using Your Link, and that friend: (i) is not a current Sideline user and has never been a Sideline user in the past, as determined by the Sponsor in its sole discretion; (ii) signs up for a Sideline account during the Promotion Period; and (iii) pays for at least one month of Sideline service after any free trial period and does not cancel his/her subscription to Sideline within the first month (with each such friend complying with (i), (ii) and (iii) above referred to as a "New User"), the Sponsor will provide you, as the Current Subscriber who has referred a friend, with a $10 gift card, e-gift card, or similar product (each a “gift card”) for each such New User, with a maximum limit of ten (10) New Users associated with Your Link and a maximum of ten (10) gift cards provided to you. The type of gift card will be determined by the Sponsor in its sole discretion. For you to be eligible to receive a gift card, the New User must become a New User during the Promotion Period. You acknowledge and agree that your service provider may impose fees and/or charges on your sending of messages as part of the Promotion, and that you are solely responsible for and taxes as well as your service provider fees and charges. You might be at least 18 years old to participate.

Gift Cards

Within ninety (90) days following the end of the Promotion Period, the Sponsor will inform you whether you for any gift cards. If so, you must respond within sixty (60) days after receiving such notice from the Sponsor, and provide your name, mailing address, and other identifying information as requested by the Sponsor. Thereafter, provided that you have complied with the terms of this Promotion, Sponsor or its fulfillment agent will provide such parties with a gift card through the processes as determined by Sponsor in its sole discretion. All submitted information must be accurate and complete, as determined by Sponsor in its sole discretion. The Sponsor reserves the right to terminate participation in the Promotion if it determines, in its sole discretion, that you or the New Users have provided false or inaccurate information, created fake, multiple or duplicate Sideline accounts, created multiple Sideline accounts on the same device, or have otherwise violated the terms of this Promotion or the Sponsor’s Terms of Service. All information provided by you to the Sponsor in connection with the Promotion is subject to the Sponsor’s Privacy Policy. Sponsor will not Sell your personal information (as such term is defined by the California Consumer Privacy Act).

Additional Conditions

The Sponsor and its agents, directors, officers, shareholders, employees, insurers, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion and fulfillment agencies and legal advisors (the "Released Entities"), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost, delayed, damaged, misdirected or misaddressed, gift cards; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures or difficulties of any kind, whether human or technical; (c) failed, incomplete, garbled or delayed computer, SMS or email transmissions; (d) any condition caused by events beyond the control of the applicable Released Entity; (e) any injuries, losses or damages of any kind arising in connection with or as a result of any gift card, or any portion thereof that may have been awarded, or acceptance, possession or use of any gift card, or any portion thereof that may have been awarded, or from participation in the Promotion; (f) any printing or typographical errors in any materials associated with the Promotion; (g) any act, failure to act, or conduct of a gift card provider or gift card fulfillment provider; or (h) any claims under any theory of liability for any amount in excess of $100.00 in the aggregate. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Promotion should any unauthorized human intervention or other causes beyond the Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Promotion or amend these Terms. By participating in the Promotion, participants agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Promotion, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Promotion, participation in the Promotion, any gift card, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any gift card, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or a participant’s right of publicity. The Promotion shall be governed by California law. By participating in the Promotion, you consent to exclusive jurisdiction and venue of the federal and state courts in and for Santa Clara County, California. As an express condition of your participation in the Promotion, you agree that any claim you may have arising from or related to the Promotion may be brought by you individually, and not on behalf of any class of claimants. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPONSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RELATED TO OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE GIFT CARDS; OR (II) THE PROMOTION. IN NO EVENT WILL SPONSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION RELATED TO THE PROMOTION EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms constitute the entire agreement between you and Sponsor and govern the Promotion, superseding any prior and contemporaneous agreements.