LUCKY LOSERS ACTIVATION

1. Activation Overview

Lucky Losers is an experiential marketing activation related to the Chispa brand and app. The Activation may include registration through a website or landing page, possible pairing with another participant, interaction with hosts, streamers, creators, production personnel, brand ambassadors, and/or other Activation personnel, transportation in Chispa-branded or related Alto vehicles, a filmed ride experience, attendance at a watch party or venue, and, for certain participants, the opportunity to continue the experience at a nearby restaurant or other location. I understand that the Activation is promotional and entertainment-oriented in nature. Participation is voluntary. Participation does not guarantee any match, date, romantic connection, relationship, prize, benefit, meal, transportation, future communication, or continued interaction with any other person.

2. Released Parties

For purposes of this Agreement, the “Released Parties” means, collectively, Match Group Americas, LLC (“Chispa”), QL PARTNERS, LLC doing business as BeautifulBeast (“BeautifulBeast”), Alto Operations Texas LLC (“Alto”), all venues, bars, restaurants, transportation providers, security providers, production companies, hosts, streamers, creators, influencers, talent, brand ambassadors, contractors, sponsors, agencies, vendors, and each of their respective parents, subsidiaries, affiliates, officers, directors, members, managers, shareholders, employees, agents, representatives, contractors, successors, assigns, and insurers.

3. Eligibility and Registration

I represent and warrant that:

1. (a)I am at least eighteen (18) years old;
2. (b)all registration information I provide is truthful, accurate, and complete;
3. (c)I am legally able to enter into this Agreement;
4. (d)I am participating voluntarily and not under coercion, duress, or undue influence;
5. (e)I am physically, mentally, and emotionally capable of participating safely in the Activation;
6. (f)I am not aware of any medical, physical, mental, emotional, or other condition that would make my participation unsafe or inappropriate; and
7. (g)I will comply with all instructions, rules, safety requirements, venue requirements, and directions provided by the Released Parties or Activation personnel.

The Released Parties may refuse, suspend, or terminate my participation at any time for any reason, including safety, operational, legal, intoxication, conduct, eligibility, capacity, or brand-related reasons.

4. Participant Conduct

I agree to conduct myself in a respectful, lawful, safe, and appropriate manner. I will not engage in harassment, discrimination, intimidation, stalking, threatening conduct, violence, unwanted physical contact, sexual misconduct, illegal activity, property damage, disruption, unsafe conduct, or any conduct that may create risk, discomfort, embarrassment, or harm to another person. I understand that I may be interacting with members of the public and other participants whom I do not know. I agree to exercise independent judgment and personal caution in all interactions before, during, and after the Activation.

5. Alcohol, Intoxication, and Substance Use

I understand that the Activation may take place at or near a bar, restaurant, or other venue where alcoholic beverages may be available. I acknowledge that the Released Parties are not providing, purchasing, serving, supervising, monitoring, or controlling my alcohol consumption and that I alone am fully responsible for any consumption and actions related thereto. I represent that I will not participate in any ride, matchmaking experience, filmed interaction, restaurant experience, or other Activation activity if I am intoxicated or under the influence of alcohol, illegal drugs, controlled substances, or any medication or other substance that may impair my judgment, coordination, behavior, or ability to participate safely. The Released Parties and Activation personnel may refuse or terminate my participation without recourse if I appear impaired, intoxicated, disruptive, threatening, unsafe, or otherwise inappropriate, in their sole discretion. I assume all risks associated with any alcohol or substance consumption before, during, or after the Activation, including risks arising from my own conduct, the conduct of others, transportation, personal injury, property damage, embarrassment, emotional distress, or other consequences.

6. Matchmaking, Dating, and Interaction with Other Participants

I understand that the Activation may involve being paired with or introduced to another participant for a shared experience, conversation, transportation, filming, meal, or other interaction. I acknowledge that the Released Parties do not guarantee compatibility, chemistry, safety, conduct, intentions, background, identity, character, truthfulness, relationship status, or suitability of any participant. Unless expressly stated in writing, the Released Parties do not conduct criminal background checks, identity verification, credit checks, social media screening, reference checks, or other vetting of participants. I am solely responsible for deciding whether and how to interact with another participant before, during, or after the Activation. Any continued communication, meeting, date, relationship, or other interaction after the Activation is solely between the participants and is not sponsored, supervised, controlled, guaranteed, or monitored by the Released Parties.

7. Transportation Acknowledgment and Assumption of Risk

I understand that participation may involve entering, exiting, riding in, or otherwise being transported in vehicles operated by third-party transportation providers, including Alto vehicles and drivers. I acknowledge that transportation involves inherent and other risks, including risks associated with traffic conditions, road hazards, vehicle condition, driver conduct, passenger conduct, vehicle accidents, sudden stops, negligent or reckless drivers, criminal acts of third parties, weather, emergency response, and other known and unknown hazards. I voluntarily assume all risks arising from or relating to any transportation associated with the Activation, including any transportation to, from, or between venues, restaurants, rides, events, or other locations. I agree to comply with all driver instructions and vehicle safety rules, including seatbelt requirements. I will not interfere with any driver, vehicle operation, safety equipment, camera equipment, other participant, or Activation personnel.

8. Filming, Recording, and Media Release

I understand and agree that I may be photographed, filmed, recorded, livestreamed, interviewed, edited, broadcast, posted, published, displayed, or otherwise captured in connection with the Activation. I irrevocably grant the Released Parties the perpetual, worldwide, royalty-free, fully paid, transferable, sublicensable right and license to photograph, film, record, use, reproduce, edit, modify, adapt, translate, publish, distribute, display, broadcast, stream, transmit, advertise, promote, commercialize, and otherwise exploit my name, image, likeness, voice, appearance, statements, performance, biographical information, social media handle, personality, participation, and any photographs, videos, audio, recordings, livestreams, interviews, content, or other materials captured or created in connection with the Activation, in whole or in part, in any media now known or later developed, including social media, websites, mobile applications, digital advertising, paid media, public relations, press, internal materials, promotional campaigns, and commercial uses. I understand and agree that the Released Parties may edit, modify, juxtapose, fictionalize, dramatize, shorten, rearrange, dub, caption, subtitle, translate, or otherwise alter any content in their sole discretion, and that such content may portray me, my statements, my conduct, or my participation in a manner that may be favorable, unfavorable, embarrassing, humorous, dramatic, incomplete, or otherwise different from my own perception of the events. I waive any right to inspect, review, approve, or receive notice of any content, edits, captions, copy, posts, advertisements, or other materials before or after use. I understand I will not receive compensation, royalties, residuals, accounting, credit, or any other payment or benefit for any use of such content. To the fullest extent permitted by law, I release the Released Parties from all claims arising out of or relating to the capture, editing, publication, distribution, display, or use of any content, including claims for defamation, false light, invasion of privacy, public disclosure of private facts, intrusion, appropriation, right of publicity, right of privacy, emotional distress, misrepresentation, copyright infringement, moral rights, or any similar claim.

9. Social Media and Third-Party Posting

I understand that content from the Activation may be posted or shared by Chispa, BeautifulBeast, Alto, creators, streamers, influencers, venues, media outlets, or other third parties. I understand that once content is posted online, it may be copied, shared, reposted, saved, commented on, altered, or distributed by others beyond the control of the Released Parties. I waive and release any claim arising from or relating to third-party sharing, reposting, commentary, criticism, misuse, alteration, or redistribution of publicly available content to the fullest extent permitted by law.

10. No Confidentiality or Privacy Expectation During Activation

I understand that the Activation is promotional, public-facing, and content-driven. I should not disclose private, confidential, sensitive, embarrassing, financial, medical, or other personal information during filming, interviews, rides, meals, or participant interactions unless I am comfortable with such information potentially being recorded, edited, published, or publicly disclosed.

11. Assumption of Risk

I understand that participation in the Activation involves inherent, known, unknown, foreseeable, and unforeseeable risks. These risks include, without limitation, risks arising from:

1. (a)transportation, vehicle rides, traffic incidents, and vehicle-related activities;
2. (b)interaction with other participants, members of the public, venue patrons, creators, streamers, hosts, and Activation personnel;
3. (c)attendance at bars, restaurants, venues, public places, and crowded environments;
4. (d)alcohol consumption by me or others;
5. (e)filming, recording, livestreaming, interviews, content creation, publicity, and social media exposure;
6. (f)matchmaking, dating, romantic, social, emotional, or interpersonal interactions;
7. (g)embarrassment, emotional distress, reputational harm, online commentary, public criticism, or unwanted attention;
8. (h)food, beverages, meals, allergies, illness, communicable diseases, or other health issues;
9. (i)security incidents, criminal acts, altercations, harassment, or misconduct by third parties;
10. (j)weather, crowds, venue conditions, equipment, installations, signage, stairs, sidewalks, streets, parking areas, and premises conditions; and
11. (k)other risks that may not be known or reasonably foreseeable at this time.

I voluntarily assume all such risks, whether caused by me, another participant, a third party, or, to the fullest extent permitted by law, the ordinary negligence of any Released Party.

12. Release of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, I, ON BEHALF OF MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, FULLY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES, DAMAGES, LIABILITIES, COSTS, FEES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO:

1. (a)MY REGISTRATION FOR, ATTENDANCE AT, OR PARTICIPATION IN THE ACTIVATION;
2. (b)ANY TRANSPORTATION, VEHICLE RIDE, TRAFFIC INCIDENT, VEHICLE CONDITION, DRIVER CONDUCT, OR TRANSPORTATION-RELATED ACTIVITY;
3. (c)ANY INTERACTION, COMMUNICATION, MATCH, DATE, MEAL, MEETING, RELATIONSHIP, OR CONTACT WITH ANOTHER PARTICIPANT OR ANY THIRD PARTY;
4. (d)ANY FILMING, PHOTOGRAPHY, RECORDING, LIVESTREAMING, INTERVIEW, PUBLICATION, EDITING, POSTING, OR USE OF CONTENT;
5. (e)ANY BAR, RESTAURANT, VENUE, WATCH PARTY, HOSTED DINNER, FOOD, BEVERAGE, OR HOSPITALITY EXPERIENCE;
6. (f)ANY ALCOHOL OR SUBSTANCE CONSUMPTION BY ME OR OTHERS;
7. (g)ANY PROPERTY LOSS, THEFT, OR DAMAGE;
8. (h)ANY BODILY INJURY, ILLNESS, EMOTIONAL DISTRESS, REPUTATIONAL HARM, EMBARRASSMENT, DISABILITY, OR DEATH;
9. (i)ANY ACT OR OMISSION OF ANY PARTICIPANT, VENUE PATRON, DRIVER, CREATOR, STREAMER, HOST, BRAND AMBASSADOR, SECURITY PERSONNEL, RESTAURANT, VENUE, TRANSPORTATION PROVIDER, OR OTHER THIRD PARTY; AND
10. (j)ANY OTHER MATTER ARISING OUT OF OR RELATING TO THE ACTIVATION.

THIS RELEASE APPLIES EVEN IF A CLAIM IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE, STRICT LIABILITY, OR OTHER ACT OR OMISSION OF A RELEASED PARTY. NOTHING IN THIS AGREEMENT IS INTENDED TO RELEASE A RELEASED PARTY FROM LIABILITY FOR SUCH PARTY’S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE RELEASED UNDER APPLICABLE LAW.

13. Participant Indemnity

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all third-party claims, demands, losses, damages, liabilities, costs, fees, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

1. (a)my breach of this Agreement;
2. (b)my negligence, gross negligence, willful misconduct, violation of law, or unsafe conduct;
3. (c)my interaction with, injury to, harassment of, or damage caused to another participant or third party;
4. (d)my damage to any vehicle, venue, restaurant, property, equipment, installation, camera, recording equipment, signage, or other property;
5. (e)my unauthorized recording, posting, sharing, or use of content or confidential information; or
6. (f)any false, inaccurate, or incomplete information I provide in connection with registration or participation.

14. Health, Medical, and Emergency Treatment

I represent that I am capable of safely participating in the Activation. I agree to stop participating immediately if I feel unsafe, impaired, ill, uncomfortable, overwhelmed, or unable to continue. If I become ill, injured, incapacitated, impaired, or otherwise require assistance, I authorize the Released Parties and Activation personnel to seek emergency medical care, transportation, security assistance, or other support as they deem reasonably appropriate. I understand they are not required to do so. I am solely responsible for all costs associated with medical care, transportation, emergency response, hospitalization, treatment, medication, or related services.

15. Food, Beverage, and Allergies

If I participate in any hosted meal, dinner, restaurant experience, or food or beverage experience, I am solely responsible for identifying and managing any allergies, dietary restrictions, medical conditions, or food sensitivities. The Released Parties do not guarantee that any food, beverage, restaurant, kitchen, or dining environment will be free of allergens or other risks.

16. Personal Property

I am solely responsible for my personal property, including phones, bags, wallets, IDs, clothing, and other belongings. The Released Parties are not responsible for any lost, stolen, misplaced, or damaged personal property.

17. No Prize, Employment, Agency, or Endorsement Relationship

Participation does not create any employment, contractor, agency, partnership, joint venture, fiduciary, endorsement, sponsorship, ambassador, or representative relationship between me and any Released Party. I have no authority to bind or speak on behalf of any Released Party.

18. Modification, Suspension, or Cancellation

The Released Parties may modify, suspend, postpone, cancel, shorten, extend, relocate, or terminate the Activation, any component of it, or my participation in it at any time and for any reason, including weather, safety, operational, technical, legal, venue, security, staffing, transportation, participant conduct, or brand-related reasons.

19. Personal Information and Privacy

I understand that personal information may be collected in connection with registration, participation, administration, safety, communications, marketing, and operation of the Activation. Such information may include my name, contact information, age, social media handle, preferences, availability, city, likeness, statements, and other information I provide. Personal information will be processed in accordance with applicable privacy policies and applicable law. I understand that certain information may be shared with vendors, service providers, transportation providers, venues, production personnel, security personnel, and other parties as reasonably necessary to administer and operate the Activation.

20. No Reliance

I acknowledge that I am not relying on any statement, promise, representation, guarantee, or warranty not expressly stated in this Agreement. I understand that no Released Party has guaranteed my safety, compatibility with another participant, any relationship outcome, any benefit, any prize, any specific experience, or any specific use or non-use of content.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IF I ASSERT ANY CLAIM AGAINST ANY RELEASED PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVATION, I AGREE THAT THE TOTAL AGGREGATE LIABILITY OF ALL RELEASED PARTIES TO ME SHALL NOT EXCEED ONE HUNDRED TWENTY DOLLARS ($120.00), WHICH I UNDERSTAND AND AGREE IS THE MAXIMUM CONSIDERATION THAT MAY BE PROVIDED TO ME AS A RESULT OF MY PARTICIPATION HEREIN. I FURTHER AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO ME FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, LOST PROFIT, LOST OPPORTUNITY, REPUTATIONAL, EMOTIONAL DISTRESS, OR OTHER NON-DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY IS A MATERIAL CONDITION OF MY PARTICIPATION, AND I UNDERSTAND THAT I WOULD NOT BE PERMITTED TO PARTICIPATE IN THE ACTIVATION WITHOUT AGREEING TO THIS LIMITATION. NOTHING IN THIS SECTION IS INTENDED TO LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

22. Arbitration; Class Action Waiver; Jury Trial Waiver

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, MY REGISTRATION, MY PARTICIPATION IN THE ACTIVATION, ANY CONTENT, ANY TRANSPORTATION, ANY INTERACTION WITH ANOTHER PARTICIPANT, OR ANY RELATED EVENT OR ACTIVITY (EACH, A “DISPUTE”) NOT RESOLVED BY AND BETWEEN PARTICIPANT AND ANY RELEASED PARTY WITHIN THIRTY (30) DAYS FOLLOWING WRITTEN NOTICE THEREOF SHALL BE RESOLVED BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS APPLICABLE CONSUMER ARBITRATION RULES OR OTHER RULES DETERMINED BY THE ARBITRATOR TO BE APPROPRIATE. THE ARBITRATION SHALL TAKE PLACE IN DALLAS COUNTY, TEXAS, UNLESS THE ARBITRATOR PERMITS REMOTE APPEARANCE OR THE PARTIES AGREE OTHERWISE. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. I MAY BRING A DISPUTE ONLY IN MY INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO HEAR OR DECIDE ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, I KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL. NOTHING IN THIS SECTION PREVENTS A PARTY FROM SEEKING TEMPORARY INJUNCTIVE OR EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION WHERE NECESSARY TO PROTECT INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION, PUBLICITY RIGHTS, OR OTHER URGENT RIGHTS.

23. Governing Law and Venue

This Agreement and any Dispute shall be governed by the laws of the State of Texas, without regard to conflict of law rules. For any court proceeding permitted under this Agreement, I consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.

24. Severability

This Agreement is intended to be as broad and inclusive as permitted by law. If any provision is found invalid, illegal, or unenforceable, that provision shall be narrowed, modified, or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

25. Electronic Acceptance

By clicking any checkbox indicating acceptance, selecting “I Agree,” submitting a registration form, reserving a time slot, participating in the Activation, entering any Activation vehicle, attending any Activation event, or otherwise participating in any portion of the Activation, Participant acknowledges that Participant has read, understands, and agrees to be bound by this Agreement. Participant agrees that any electronic acceptance, click-through acceptance, digital acknowledgment, registration submission, website interaction, or participation in the Activation constitutes Participant’s legally binding signature and agreement to this Agreement for all purposes, including under the Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act (UETA), and other applicable laws governing electronic signatures and electronic records. Participant further acknowledges that Participant has had the opportunity to review this Agreement before participating in the Activation and that participation is conditioned upon acceptance of this Agreement.

26. Acknowledgment

BY CLICKING “I AGREE,” SUBMITTING A REGISTRATION, RESERVING A TIME SLOT, ENTERING AN ACTIVATION VEHICLE, ATTENDING AN ACTIVATION EVENT, OR OTHERWISE PARTICIPATING IN ANY PORTION OF THE ACTIVATION, PARTICIPANT ACKNOWLEDGES AND AGREES THAT:

1. (a)Participant has had sufficient opportunity to review this Agreement;
2. (b)Participant has read and understands this Agreement;
3. (c)Participant voluntarily agrees to this Agreement;
4. (d)Participant understands this Agreement includes a release of liability, assumption of risk, media release, limitation of liability, arbitration provision, class action waiver, and waiver of jury trial;
5. (e)Participant understands that Participant may be photographed, filmed, recorded, livestreamed, interviewed, edited, publicly displayed, and commercially exploited in connection with the Activation;
6. (f)Participant understands that Participant may interact with other participants and members of the public and assumes the risks associated with those interactions;
7. (g)Participant understands that transportation may be provided in connection with the Activation and assumes the risks associated with such transportation;
8. (h)Participant understands that alcohol may be present at or near Activation venues and assumes all risks associated with Participant’s own alcohol consumption; and
9. (i)Participant agrees to be legally bound by this Agreement.

SMS messaging program

By providing your mobile phone number and registering, you consent to receive recurring automated text messages related to your Lucky Losers ride — including registration confirmation, match notifications, check-in, and reminders — at the number you provide. Consent to receive messages is not a condition of any purchase.

• Message frequency varies based on your activity.
• Message and data rates may apply.
• Reply STOP at any time to cancel. You will receive a confirmation and no further messages.
• Reply HELP for help, or contact us at jj@beautifulbeastad.com.
• Carriers are not liable for delayed or undelivered messages.

Privacy

Your information is handled as described in our Privacy Policy.