PhunToken Consensus Quest – Official Rules

NO PURCHASE OR PLAY NECESSARY TO ENTER. Promotion period (“Promotion Period”) begins on Thursday, June 9, 2022 at 8:30 a.m. ET and ends on Sunday, June 19, 2022 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 7800 Shoal Creek Blvd, #230 South, Austin, TX 78757. “Promotion Entities” means Sponsor and each of Sponsor’s affiliated and subsidiary companies. The “PhunToken Consensus Quest” 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. In attendance at Consensus in Austin, TX unless otherwise specified; and
   2. At least 18 years of age.
2. Void in where prohibited or restricted by law.
3. 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.
4. All entries are subject to review and verification.
5. 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.
6. Winner is responsible for any and all taxes, licenses, registrations and other fees, as applicable.
7. Promotion times are approximate. Sponsor reserves the right to change Promotion times due to unforeseen or extenuating circumstances.
8. All decisions regarding the interpretation of the Official Rules, eligibility, etc. for this Promotion lie solely with Sponsor whose decisions are final.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Prizes and entries are non-transferable.
16. Entries will be retained for record keeping purposes in accordance with local legal requirements.
17. Entries shall become the property of Sponsor, where applicable, and will not be returned.
18. Need to be present to win unless otherwise specified.
19. A copy of these Official Rules and any changes will be available on the Phunware website located at [https://www.phunware.com/phuntoken-consensus-quest/rules/] throughout the duration of this Promotion.
20. 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.
21. 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.
22. 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.
23. Odds of winning dependent upon number of participants in the contest.
24. Sponsor’s use of Participants’ personal information is governed by Sponsor’s privacy policy, located at https://www.phunware.com/privacy/.

How to Play:

25. Preliminary Requirements. To enter the Promotion, Participants must download the PhunWallet app and access the PhunToken Consensus Quest Card within the home screen, which will take them to the PhunToken Consensus Quest portal.
    1. The App is available for download on smartphones and mobile devices on Google Play and the Apple App Store. Apple and Google are not sponsors nor are they affiliated with this Promotion. The App is free, but subject to the listed terms and conditions described within the App. Use of the App requires a web-enabled device and therefore data rates may apply.Participants can then follow along on the quest portal to participate in a series of side quests to ultimately complete the quest and fill out the submission form. Participants must complete each side quest to advance in the quest.Phunware will be verifying social media post submissions, QR referral completions, Discord registration and buy.phuntoken.com registration to confirm selected winners have completed all side quest tasks.
26. PhunToken awards will be applied to Participants account on or about July 1, 2022.
27. Entrants are not permitted to have multiple accounts. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations and logins, or any other methods will void that entrant’s Drawing Entries and that entrant may be disqualified.
28. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of IDFA used to register will be deemed to be the entrant. Each potential winner may be required to show proof of being the authorized account holder.
29. No late entries will be accepted.

Winner Selection and Prize:

30. Potential winning Entries will be selected by a vote of Phunware employees from all eligible entries.
31. On or about June 19, 2022, seventeen (17) winners will be selected to win the following prizes (see specific instructions on how to qualify in PhunWallet):
    1. First place: 2,500,000 PHTK
    2. Second place: 1,500,000 PHTK
    3. Third place: 500,000 PHTK
    4. Fourth place: 300,000 PHTK
    5. Fifth place: 200,000 PHTK
    6. Sixth thru Tenth place: 100,000 PHTK each
    7. Most Twitter likes: 500,000 PHTK (minimum likes to qualify: 30)
    8. Most Twitter retweets: 500,000 PHTK (minimum retweets to qualify: 15)
    9. Most Instagram likes: 500,000 PHTK (minimum likes to qualify: 30)
    10. Most Instagram comments: 500,000 PHTK (minimum comments to qualify: 15)
    11. Most PhunWallet Referrals: 1,000,000 PHTK
    12. Most PhunToken Referrals: 1,500,000 PHTK
    13. When you retweet @LyteGamingPCs’s post on Twitter: @LyteGamingPCs will post a tweet about the Lyte Mining PC on June 9, 2022. The retweet with the most likes by 06/19/2022 will win a Lyte Mining PC.
32. Prizes are non-transferable, and no substitution will be made except as provided herein at Sponsor’s sole discretion.
33. PhunToken won during this Promotion will be distributed to each Participant’s account in 10 equal installments monthly beginning on or about July 1, 2022.
34. In case of a dispute over the identity of the individual who made a winning entry, Sponsor reserves the right to determine the potential winner in its sole discretion. Without limiting the foregoing, Sponsor may deem that an entry was made by the authorized account holder of the primary email address associated with the email account used to enter. “Authorized account holder” is defined as the person who is assigned to the email account by the company or organization responsible for assigning such accounts.
35. Potential winner will be contacted via email, telephone, or any other available means by Sponsor. Invalid or incorrect contact information (telephone number, email address or mailing address) will result in prize forfeiture.
36. Potential winner must reply within 48 hours of being contacted to claim their prize. Notice to potential winner may include instructions on how to confirm eligibility, which may require potential winner to email or otherwise deliver to Sponsor potential winner’s full name, date of birth, phone number, email address, and/or mailing address. Failure to reply or provide requested information within 48 hours will result in prize forfeiture.
37. All answers to skill-testing questions and voting are final.
38. Promotion winnings may be subject to reporting and withholding pursuant to federal IRS regulations, and participants are required to cooperate with Sponsor in completing necessary forms.
39. Potential winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release.
40. If by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, all prizes will be awarded on a first come – first serve basis until the advertised number of prizes available in each prize category are distributed. No more than the advertised number of prizes will be awarded and any claims after that number of prizes is awarded will be void.
41. If a winner does not claim his or her prize in the allotted time, Sponsor will, time permitting, select a new potential winner. Only one (1) alternate winner will be selected, after which the prize will remain un-awarded.
42. All prizes claimed will be awarded. Sponsor and its affiliated and parent company, advertising and promotion agencies, are not responsible for printing, distribution or production errors and may rescind, cancel or revoke this drawing based upon any such error without liability and at its sole discretion. By participating in this Promotion, entrants waive all right to, and hold harmless, Sponsor and its advertising and promotions agencies from any loss, damage or expense arising out of or in connection with participation in this Promotion or the acceptance, use or misuse of any prize.
43. For a copy of these Official Rules or the name of the winners (available after June 19, 2022), send a self-addressed, stamped envelope to be received no later than Friday, July 1, 2022 to Phunware, Inc., 7800 Shoal Creek Boulevard #230 South, Austin, TX 78757, ATTN: PhunToken Consensus Quest.