Holey Moley Texas Open Competition

Official Rules

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Official Rules

1. Overview

(a) The Holey Moley Texas Open Competition (”Contest”) is sponsored by Funlab Texas Operations LLC of 1201 18th Street Suite 110, Denver, CO 80202 (“Funlab”, “we”, “us” or “our”).

(b) This Contest consists of two (2) components:

(i) registration and selection of Teams to participate in the City Championship; and

(ii) the State Championship.

(c) By registering for, and participating in, this Contest, all individual registrants and participants (“you” or “your”) agree to be bound by these official rules (“Official Rules”) and our privacy policy. Any breach of these Official Rules or our privacy policy may result in disqualification from the Contest.

(d) Information on how to register, participate and the Prize forms part of these Official Rules. To the extent of any inconsistency between these Official Rules and any other reference to this Contest, these Official Rules prevail.

(e) All dates herein are subject to change at Funlab’s sole discretion.

2. Eligibility

(a) The Contest is open only to legal United States residents who reside in Texas and are twenty-one (21) years of age or older.

(b) Eligible individuals must register and participate in this Contest as teams of four (4) (each, a “Team”). One (1) member of each Team will be designated as the “Team Captain” and will be responsible for ensuring compliance with these Official Rules. All references hereing to “you” and “your” shall refer to the Team Captain who shall be responsible for ensuring all Team members comply with these Official Rules. All members of a Team must be eligible to participate in accordance with these Official Rules.

(d) Each member of a Team (as submitted in the registration form) must compete in both the City Championship and Stateh Championship. Any changes to a Team after the Contest has started are at our sole discretion. If there are any changes to Team members, you must immediately send a request us by email at marketingplanning@fun-lab.com.

(e) We reserve the right to disqualify any individual or Team who does not comply with any eligibility requirements or these Official Rules.

(f) Employees, independent contractors, officers, and directors of of Funlab, participating Holey Moley locations, their respective parents, affiliate companies, subsidiaries, agents, advertising and promotion agencies and anyone involved in the development of the Contest (collectively, the “Contest Entities”), as well as the immediate family (spouse, parents, siblings, and children and their respective spouses, regardless of where they live) and household members of each are not eligible. Immediate Families means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew or sibling.

3. Registration

3.1 General

(a) Registration takes place from 10:00 a.m. Central Time (“CT”) on February 25, 2025 to 11:59 p.m. CT on March 10, 2025 (the “Registration Period”).

(b) To register to participate in the City Championship, you must (on behalf of your Team), during the Registration Period:

(i) visit holeymoley.com/holey-moley-open (the “Website”);

(ii) complete the registration form by filling out all of the required fields on the landing page, including your Team name and the names and a brief bio (no more than one hundered (100) words) of each member of your Team, and selecting which location’s City Championship you are interested in participating in (City Championships will take place at Holey Moley locations in Austin, Houston, and San Antonio (each, a “Location” and collectively, the “Locations”));

(iii) upload a no more than 1 minute and 30 seconds video introducing your Team members (the “Video”);

(iv) and follow the on-screen instructions to submit the fully competed registration form.

(c) Registration is limited to one (1) per Team during the Registration Period. If you submit multiple registrations, you will be disqualified from the Contest.

(d) We will not accept registrations submitted after the end of the Registration Period.

(e) The time of each registration will be the time and date of receipt displayed by our internal servers.

(f) We may, at any time:

(i) verify the validity of registrations and registrants (including your identity, age and place of residence); and

(ii) disqualify any registrant whose registration is not in accordance with these Official Rules or who otherwise tampers or interferes with the registration process.

(g) Incomplete, indecipherable or illegible registrations will be invalid at our discretion.

(h) We are not responsible for incorrect, incomplete, lost, late or misdirected registrations.

(i) If there is a dispute as to your identity or details, we reserve the right, acting reasonably, to determine your identity or details and our determination is final.

(j) Each Video must meet the following “Video Requirements” (any Video that, in Funlab’s sole and absolute discretion, violates the following criteria may be disqualified):

(i) Team Captain must be the rightful owner of all original content in the Video;

(ii) all original content in the Video must NOT contain any material that infringes or violates any right of a third-party including copyright, patent, trademark, trade secret or other proprietary rights. For example, Video should NOT contain reference to sports team logos, celebrities, names or logos of businesses, copyright protected music or lyrics, or clips from television shows or movies;

(iii) Video must NOT include third parties/people (excluding excluding Team members), who have not expressly authorized in writing the entrant to feature their name, image, likeness or voice in the Video or otherwise use such name, image, likeness or voice in accordance with these Official Rules (if applicable, any selected winner may be required to verify such authorization in the form of a release);

(iv) Video must NOT contain subject matter which is, or could be considered, in the sole discretion of the Funlab, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;

(v) Video must NOT contain any content that promotes any particular political agenda or message;

(vi) Video must NOT contain any personal identification, such as personal names or e-mail addresses;

(vii) Video must NOT violate any law;

(viii) Video must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right), including any music or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property; and

(ix) Video must NOT contain any derogatory references to Contest Entities.

(k) Funlab reserves the right, in its sole discretion, to disqualify any Video in the Contest if Funlab views the Video as potentially infringing or otherwise a violation or potential violation of a third party's rights or if it deems the Video to be lacking in taste, quality, or to be otherwise objectionable. Furthermore, Funlab reserves the right to waive any of the Video Requirements in its sole discretion.

(l) Each Team Captain and Team member hereby irrevocably grants to Funlab, its designees, affiliates, successors and assigns all rights to the Video for use in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other advertising and promotions. Funlab shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Video for any purpose which Funlab deems necessary or desirable, and each participant irrevocably waives any and all so-called moral rights they may have therein. Funlab is not obligated to use any of the

foregoing materials but may do so and may edit such materials, at Funlab’s sole discretion, without further obligation or compensation.

3.2 Selection of Teams

(a) At the conclusion of the Registration Period, representatives of Funlab will select twenty (20) Teams for each Location, as determined in Funlab’s sole discretion based on responses in the registration forms and the Video content, to participate in the City Championship for that Team’s Location.

(b) Registrations will be selected based on the creativity and humour of the following responses in the registration form:

(i) Team name;

(ii) Video; and

(iii) written response introducing the Team.

3.3 Notifying Teams

(a) Teams will be notified on or about March 13, 2025 by email and/or telephone if they have been selected to participate in a City Championship.

(b) To claim your Team’s place in a City Championship, you must respond to the notification as directed within seventy-two (72) hours. All members of selected Teams must sign and return an Affidavit of Eligibility and Liability/Publicity Release (“Participation Documents”) within the timeframe specified by Funlab.

(c) If you do not claim your place in the City Championship within the prescribed time or return the Participation Documents, as directed, your right to participate will be forfeited and we reserve the right to award the place to an alternate Team.

4. City Championship

(a) The “City Championship” will take place at each of the three (3) Locations on March 25, 2025 from 7:00 p.m. CT – 11:00 p.m. CT.

(b) Participants are responsible for their own travel to and from the City Championship.

(d) The Teams who score the two (2) lowest Total team scores in Houston and San Antonio and the four (4) lowest Total team scores in Auston will each win the City Championship Prize (as described below) and the opportunity to participate in the State Championship.

(e) In the event of a tie, one (1) member from each tied Team will complete an additional hole, and continue with additional holes until a winning Team is determined.

5. City Championship Prizes

(a) Each City Championship winning Team (two (2) each from Houston and San Antonio and four (4) from Austin) will each receive:

(i) 1 x merchandise prize pack (one (1) per Team) with an approximate retail value (“ARV”) of USD$200. It is at the sole discretion of the Team Captain to determine how the prize will be divided amongst the Team;

(ii) the opportunity to participate in the State Championship; and

(iii) hotel accomodations in Austin, TX for the night of April 8, 2025 consisting of two (2) rooms, each with double occupancy with an ARV of USD$100 each. For the avoidance of doubt, only Teams from Houston and San Antonio will receive hotel accomodation. Teams from Austin will not receive the hotel accomodation.

(b) The total ARV of each City Championship Prize is $400.

(d) Winning Teams are solely responsible for transportation to the State Championship and any additional accomodations required.

(e) Itinerary to be determined by Funlab in our absolute discretion.

(f) Accommodation booking confirmations are non-changeable and non-redeemable once they are issued. A credit card imprint or cash deposit may be required from a member of the winning Team, such as at the time of check-in to the accommodation, for any charges outside of the accommodation or for any other incidental charges, which are payable by members of the winning Team.

(g) Each member of a winning Team is responsible for all expenses, including spending money, meals, drinks, transfers, in-room charges, laundry charges, activities, incidentals, taxes (gratuities, services charges, items of a personal nature and any other ancillary costs.

6. State Championship

(a) The “State Championship” will take place at the Holey Moley Austin Location on April 8, 2025 from 7:00 p.m. CT – 11:00 p.m. CT.

(b) To participate in the State Championship, each Team will compete in 18 holes of mini golf.

(c) The Team that scores the lowest score in the State Championship will win the State Champion Prize (as described below).

(d) In the event of a tie, one (1) member from each tied Team will complete an additional hole, and continue with additional holes until a State Champion is determined.

7. State Championship Prize

(a) There is one (1) State Championship Prize available consisting of USD$10,000.

(b) The State Championship Prize will be split equally amongst each member of the winning Team. Each member will receive USD$2,500.

(c) The State Championship Prize will be awarded in the form of an electronic funds transfer. Each member of the winning Team is responsible for providing full and accurate bank details. Funlab will not be responsible for incorrect details being provided, a banking institution rejecting a direct deposit, or any costs associated with locating lost monies.

(d) Each member of the winning Team must provide their nominated bank details and required forms to Funlab within 30 days of the State Championship. If the nominated bank account details are not provided within the prescribed time, then that member’s portion of the State Championship Prize will be forfeited.

8. General Prize Conditions

(a) No cash alternative or prize substitutions will be allowed, except Funlab reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. Prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each State Championship Team member must complete and return an IRS Form W9 prior to awarding of the appliable prize.

(b) Funlab makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Contest.

(c) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND FUNLAB HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

9. Intellectual property and warranties

(a) We own all registrations, including any Intellectual Property Rights comprised in the registrations and their content.

(b) You are responsible for the registrations you submit, including its content (such as text, images, photos and videos) and any accompanying comments.

(d) We may remove or delete any registration without notice for any reason whatsoever.

(e) You warrant and agree that:

(i) you will not submit any registration that is unlawful or fraudulent, or that we could reasonably consider to be in breach of any intellectual property, privacy,

publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

(ii) you will obtain prior written consent from any person that appears or is reasonably identifiable in your registration before submitting it;

(iii) you will obtain prior written consent from any person who has jointly created or has rights in your registration to these Terms and our privacy policy;

(iv) your registration does not contain viruses and will not cause injury or harm to any person or entity; and

(v) you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

(f) “Intellectual Property Rights” means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.

10. General

(a) Participation in the Contest constitutes each participant’s permission for Funlab and its designees to use such participant’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.

(b) Participants agree that the Contest Entities:

(i) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from participants’ acceptance, receipt, possession and/or use or misuse of any prize; and

(ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Funlab is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen registrations or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.

(c) These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Funlab. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to

be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

11. Risk

(a) You acknowledge and understand that:

(i) the City Championship and State Championship may involve medical or health risks, including risk of physical or mental injury (including aggravation, acceleration or reoccurrence of a pre-existing injury), risk of illness or infection, and risks to your personal property; and

(ii) you are responsible for:

(A) ensuring that you have adequate insurance to cover any personal injury, accident and/or illness arising out of, or in connection with, your participation in the City Championship and State Championship;

(B) the safety and security of your personal property or equipment during and after the City Championship and State Championship; and

(C) wearing appropriate clothing and footwear when participating in the City Championship and State Championship, including to avoid the risk of injury.

(b) You warrant that you are physically and mentally fit to safely participate in the City Championship and the State Championship. If you are:

(i) aware or become aware of any illness, injury or other condition, whether physical or mental, that may impair your ability to safely participate in the City Championship and State Championship or that may impact the safety or health of others; or

(ii) uncertain whether you are sufficiently fit to participate in the City Championship and State Championship,

then you must refrain from participating in the City Championship and State Championship.

(i) participate in the City Championship and State Championship solely at your own risk; and

(ii) receive any medical treatment, including ambulance transportation, that Funlab (or its employees, volunteers, contractors, partners or agents) deem necessary or advisable in the event of injury, accident and/or illness during the City Championship and State Championship.

12. Funlab directions

(a) You agree to abide by all our reasonable decisions, directions and rules issued by us (or our employees, volunteers, contractors, partners or agents) from time to time in relation to the City Championship and State Championship.

(b) Any safety precautions undertaken by our employees, volunteers, contractors, partners or agents are for your benefit and that of other participants. We do not guarantee your safety. Any safety measures taken or adopted by Funlab for the City Championship and State Championship do not detract from your responsibility to take care for your own safety and medical conditions and for the safety and medical conditions of others.

13. Behaviour

(a) At all times during the City Championship and State Championship, you must ensure that you do not behave in a rude, offensive or aggressive manner or engage in any conduct which damages or diminishes the reputation of Funlab or the City Championship and State Championship.

(b) The City Championship and State Championship are smoke and drug free events and you must ensure that your attendance and participation is not impaired by alcohol or drugs.

14. Alcohol

Alcohol will be served at the City Championship and State Championship. You must not bring alcohol to the City Championship and State Championship.

15. Disruption to Contest

(a) If, for any reason, this Contest is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Contest, we will, as soon as reasonably practicable, notify you of the Force Majeure Event and take all reasonable steps to minimise disruption and may, to the fullest extent permitted by law:

(i) disqualify any registrant who tampers or interferes with the registration process;

(ii) disqualify any participant who tampers or interferes with the City Championship or State Championship; or

(iii) cancel, terminate, modify, reschedule or suspend the Contest, as reasonably appropriate.

(b) If the Contest (or any City Championship or State Championship) is terminated before the designated date, Funlab will not award the corresponding prizes.

(c) “Force Majeure Event” means an event or circumstance beyond our reasonable control, including natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), strike, a change in applicable law, government imposed shutdown or closure, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.

16. Governing Law

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR FUNLAB IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

17. Winner’s List

(a) The first name, initial of the surname and city of each member of the winning Teams will be announced on the Website on the following dates:

(i) City Championship on March 26, 2025; and

(ii) State Championship on April 9, 2025.

(b) If you have any questions or issues regarding these Terms or how this Contest is conducted, you may contact us at marketingplanning@fun-lab.com. We will determine how any issues will be resolved.

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