Atlantis Paradise Island Giveaway – Official Rules

Phunware is delighted to announce an exclusive giveaway for a remarkable trip to Atlantis Bahamas Resort. The winner of this giveaway will receive a roundtrip flight and 5 nights of accommodation for two people at Atlantis Paradise Island.

To participate, there are specific conditions that must be met. First, a meeting between Phunware sales representatives and a qualified prospective client must be scheduled. The prospective client must have at least two relevant decision-makers on the call who are involved in marketing, technology, operations, or guest experience at their organization. Second, the meeting must take place before the 31st of July, 2023. We have made it convenient for interested individuals to sign up for the giveaway either online or in person at HITEC 2023 in Toronto. Finally, on the 1st of August, we will announce the lucky winners who will embark on an unforgettable journey to Atlantis Bahamas. This extraordinary opportunity not only offers a chance to experience paradise but also allows the winners to see Phunware’s hospitality solutions firsthand.

NO PURCHASE OR PLAY NECESSARY TO ENTER. The promotion period (“Promotion Period”) begins on Monday, June 5th, 2023 at 8:30 a.m. ET and ends on Monday, July 31st, 2023 at 11:59 p.m. ET. All times referred to in these Official Rules are Eastern Time (“ET”). As used herein, “Sponsor” means Phunware, Inc. (NASDAQ: PHUN) located at 1002 West Avenue, Austin, TX 78701. “Promotion Entities” means Sponsor and each of Sponsor’s affiliated and subsidiary companies. The “Atlantis Paradise Island Giveaway” shall be referred to as “Promotion” throughout these Official Rules. Promotion is sponsored by Sponsor.

General Rules:

1. To be eligible to enter this Promotion, participants (“Participants”) must be:
   1. At least 18 years of age.
2. Participants may enter the contest by scheduling and attending a sales meeting with at least two relevant decision-makers on the meeting who are involved in marketing, technology, operations, or guest experience at their organization within the Promotion Period. This meeting can be scheduled online or in person. The meeting can occur via video conference or in person.
3. Void in where prohibited or restricted by law.
4. This Promotion is subject to all applicable federal, state, provincial and local laws and regulations, including gaming regulations, and all aspects of the Promotion are subject to the approval of appropriate regulatory authorities. Residents of certain states or other jurisdictions may be excluded from participation until Sponsor has received applicable regulatory approval.
5. All entries are subject to review and verification.
6. Except where prohibited by law, Participants agree to allow Sponsor the unconditional use of their name and likeness for promotions/advertising and announcements without compensation, consideration, notice, review, or consent.
7. The contest winner will be selected at random from the eligible participants and announced on August 1st, 2023. They will be contacted directly via email and phone call. If the original winner is not able to accept the prize, an alternate winner will be selected at random from the remaining eligible participants and contacted promptly.
8. Winner is responsible for any and all taxes, licenses, registrations and other fees, as applicable.
9. The winner will receive:
   1. Two seats on a round trip flight to Nassau International Airport
   2. Five nights accommodation at Atlantis Paradise Island Bahamas in a King Terrace at The Royal or an equivalent room
      1. Accommodations are for one or two people and will not exceed one room.
   3. Flight and accommodations are not to exceed $5,000 total.
10. The winner may redeem their airfare and room between August 1, 2023 and July 31, 2024.
11. Blackout dates for the airfare and room include:
    1. September 1 – 4, 2023
    2. November 20 – 26, 2023
    3. December 22, 2023 – January 5, 2024
    4. February 16 – 19, 2024
    5. March 29 – April 1, 2024
    6. May 24 – 28, 2024
    7. July 2 – 5, 2024
12. Promotion times are approximate. Sponsor reserves the right to change Promotion times due to unforeseen or extenuating circumstances.
13. All decisions regarding the interpretation of the Official Rules, eligibility, etc. for this Promotion lie solely with Sponsor whose decisions are final.
14. Sponsor reserves the right to modify or cancel this Promotion at any time, for any reason, subject to any applicable regulatory approval, provided that such modification shall not, as of the date of such modification, materially alter or change any Participant’s prize already awarded. Notice of any such modification is sufficient if posted by @Phunware via Twitter.
15. Sponsor may disqualify any Participant for any prize based upon fraud, dishonesty, violation of these Official Rules or other misconduct whether or not related to this Promotion.
16. Sponsor is not liable for injuries or losses arising or resulting from participation in the Promotion and is not liable for any acts or omissions by employees, whether negligent or willful, in the conduct of the Promotion and is not liable in the event of any equipment or software malfunction.
17. Sponsor is not responsible for lost, late, mutilated, or illegible entries nor for electronic transmission errors or delays resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, hardware, software, or telephone failures of any kind, lost or unavailable connections, fraud, incomplete, garbled, or delayed computer transmissions, whether caused by Sponsor, users, or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of submissions which may limit, restrict, or prevent a Participant’s ability to participate in the Promotion.
18. If for any reason the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes within or beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion.
19. Any attempt by any person to deliberately damage any program or to undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent of the law.
20. Prizes and entries are non-transferable.
21. Entries will be retained for record keeping purposes in accordance with local legal requirements. By entering the contest, participants agree to the storage of their personal information in a secure environment managed by Phunware. By entering the contest participants also consent to communication from Phunware regarding the contest and general marketing information.
22. Entries shall become the property of the Sponsor, where applicable, and will not be returned.
23. According to the Canadian Criminal Code rules, participants must answer a skill-testing question before they are selected as the winner of a contest. Phunware will facilitate the skill-testing question prior to the winner receiving the designated prize.
24. A copy of these Official Rules and any changes will be available on the Phunware website located at https://www.phunware.com/atlantis-bahamas-trip-giveaway-rules/ throughout the duration of this Promotion.
25. The following individuals are not eligible to enter the Promotion:
    1. Employees of Sponsor or any of its subsidiaries, affiliates or parent companies who are (i) director level or above or (ii) involved in coordinating or executing promotions on behalf of Sponsor;
    2. Employees of any advertising agency or marketing services firm that is providing any services to Sponsor in connection with the Promotion;
    3. The spouse, parent or child of an employee described in (a) or (b) above;
    4. Anyone sharing the same primary residence as an employee described in (a) or (b) above; or
    5. Individuals who are excluded from Sponsor facilities, including through a government program, at Sponsor’s discretion, or by their own request.
26. By entering the Promotion, each Participant agrees on behalf of Participant and his or her heirs, executors, and administrators (a) to release and hold harmless Promotion Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from Participant’s participation in the Promotion and/or Participant’s acceptance, possession, use, or misuse of a prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from Participant’s failure to comply with these Official Rules or a breach of any of Participant’s representations and warranties; (c) to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, condition, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with such prize; (d) if selected as a winner, to the posting of Participant’s name on Sponsor’s websites and the use by the Promotion Entities of Participant’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (e) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Promotion itself, and to be bound by all decisions of Sponsor, which are binding and final.
27. Sponsor reserves the right to substitute prizes that have or have not been awarded as long as the value is substantially the same as the original prize offered in the event that the original prize becomes unavailable. In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules.
28. Odds of winning dependent upon number of participants in the giveaway.
29. Sponsor’s use of Participants’ personal information is governed by Sponsor’s privacy policy, located at https://phunware.com/privacy/.