Kenetik Golden Pear "Gold Hunt" Sweepstakes

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM, INCLUDING WITHOUT LIMITATION INSTAGRAM, TIKTOK, X, OR META PLATFORMS ("SOCIAL MEDIA PLATFORM(S)").

The Kenetik Golden Pear "Gold Hunt" Sweepstakes (the "Sweepstakes") is intended for legal residents of the United States of America ("USA") and shall only be construed and evaluated according to applicable USA law and applicable state law. Do not enter this Sweepstakes if you are not a USA resident or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry. The Sweepstakes is sponsored by Kenetik, 11375 Liberty St., Fulton, MD 20759 (the "Sponsor").

ELIGIBILITY

The Sweepstakes is open to legal residents of the USA who are at least eighteen (18) years of age or have reached the age of majority in their respective state of residence at the time of entry (the "Entrants"). The Sponsor, ViralSweep LLC (the "Administrator"), their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the "Released Parties"), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below)).

AGREEMENT TO OFFICIAL RULES

By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

SWEEPSTAKES STRUCTURE — NO FIXED DRAWING DATE

This Sweepstakes is structured as a "find-and-claim" sweepstakes tied to a single, limited-edition product run. Sponsor has hand-placed exactly five (5) gold-labeled cans (each a "Gold Can") inside a one-time production run of sixty-four thousand (64,000) cans of Limited Edition Kenetik Golden Pear (the "Drop") prior to fulfillment. The five (5) Gold Cans are distributed at random across the Drop. There is no fixed drawing date. The Grand Prize random drawing (as described in the DRAWING AND NOTIFICATION section below) will only occur once all five (5) Gold Cans have been physically located by Entrants, claimed in accordance with these Official Rules, and verified by Sponsor.

HOW TO ENTER

The Sweepstakes begins at 12:00:01 a.m. ET on [LAUNCH DATE — TBD] and ends on the earlier of (a) the date the Drop is sold out and all five (5) Gold Cans have been claimed and verified by Sponsor, or (b) 11:59:59 p.m. ET on [OUTER END DATE — TBD; recommend 12 months after launch] (the "Sweepstakes Period"). The Sponsor's database computer is the official time-keeping device for the Sweepstakes. Two (2) methods of entry are as follows:

1. Online Purchase Method (Find a Gold Can). During the Sweepstakes Period, Entrants may purchase Limited Edition Kenetik Golden Pear through the Sponsor's online shop at https://www.drinkkenetik.com (the "Website"). Each purchase enters the Entrant into the Sweepstakes by giving the Entrant the chance to find a Gold Can in the order they receive. Each individual can shipped during the Sweepstakes Period has an equal, randomly-assigned chance of being one of the five (5) Gold Cans, regardless of pack size purchased. To win, the Entrant must open their order, identify a Gold Can on sight (the Gold Can has a fully gold label, completely distinct from the regular green Golden Pear can), and submit a valid claim as described in CLAIMING A GOLD CAN below.

NOTE: ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS SWEEPSTAKES IS STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE SWEEPSTAKES ENDS, OR TO REPRESENT A CAN AS A GOLD CAN WHEN IT IS NOT. IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR ANY OTHER FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER SWEEPSTAKES OFFERED BY THE SPONSOR. To be valid, each entry and claim must provide all requested information. Proof of purchase or claim submission at the Website is not considered proof of delivery to or receipt by Sponsor. Entries or claims made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void.

2. Alternate Method of Entry — Free Mail-In Entry (No Purchase Necessary). During the Sweepstakes Period, Entrants may obtain one (1) "Free Look" entry into the Sweepstakes by legibly hand-printing, on a 3" x 5" card or paper, their full name, complete mailing address, phone number, date of birth, email address, and the words "Kenetik Golden Pear Free Entry," and mailing the card in a #10 business-sized envelope, with proper postage affixed, to: Kenetik Golden Pear Sweepstakes, 11375 Liberty St., Fulton, MD 20759 (the "Mail-In Entry").

For each valid Mail-In Entry received during the Sweepstakes Period, Sponsor will, within thirty (30) days of receipt, examine one (1) randomly-selected can from the remaining unsold Drop inventory on behalf of the Entrant. If that can is one of the five (5) Gold Cans, the Entrant will be deemed a Winner and Sponsor will notify the Entrant using the contact information provided on the Mail-In Entry card. If the can is not a Gold Can, the Entrant has completed their entry and is not eligible to mail in further entries on the same Drop. NOTE: Mail-in entry card and envelope must be hand-printed by the Entrant only. Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the Sponsor). Each envelope must be mailed individually. Bulk shipments of entries will not be accepted. Limit one (1) Mail-In Entry per person, per household, per email address.

The Released Parties are not responsible for late, incomplete, delayed, undelivered, or misdirected entries or claims. All entries and claims become the exclusive property of Sponsor and will not be acknowledged or returned except as provided herein. All information submitted by Entrants will be treated according to Sponsor's Privacy Policy, available at https://drinkkenetik.com/policies/privacy-policy. By entering the Sweepstakes and providing their email address and other contact information, Entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's Privacy Policy.

CLAIMING A GOLD CAN

If an Entrant believes they have received a Gold Can in their online purchase, the Entrant must, within thirty (30) days of order delivery, submit a claim by emailing hello@drinkkenetik.com with all of the following: (a) the subject line "Gold Can Claim"; (b) a clear photograph of the Gold Can next to a hand-written note showing the Entrant's full name and order date; (c) the Entrant's full name, mailing address, phone number, and date of birth; and (d) the Entrant's original order number from drinkkenetik.com. Sponsor will, in its sole discretion, verify the authenticity of the Gold Can and the Entrant's eligibility. A successful claim will result in the Entrant being designated one of the five (5) verified Winners. Each Gold Can may only result in one (1) Winner. If two or more Entrants claim the same Gold Can serial / production marker, Sponsor will, in its sole discretion, determine the rightful Winner.

GENERAL CONDITIONS

If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, (v) supply chain failures or production defects affecting the Drop, or (vi) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries and verified Winners received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor's Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

In the event that fewer than five (5) Gold Cans are claimed and verified by the close of the Sweepstakes Period as defined above, Sponsor may, in its sole discretion, (a) extend the Sweepstakes Period to allow additional time for Gold Cans to surface; (b) conduct the Grand Prize random drawing from among the verified Winners then-existing; or (c) re-allocate unclaimed Prizes in a manner that is fair and equitable and best conforms to the spirit of these Official Rules.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the order or Mail-In Entry in question. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

RELEASE AND LIMITATIONS OF LIABILITY

By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties and Social Media Platforms from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize (defined below) including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry or claim; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries or claims; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes or receipt of the Prizes (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrants further agree that in any cause of action, the Released Parties' liability shall be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys' fees where mandated by statute.

Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.

By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is canceled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE USA, ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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."

DRAWING AND NOTIFICATION

Each of the five (5) verified Winners (as identified through the Gold Can claim process above) is guaranteed a Prize. After all five (5) Gold Cans have been claimed and verified by Sponsor, Sponsor (or its Administrator) will conduct a single random drawing from among those five (5) verified Winners to select the one (1) Grand Prize Winner. The remaining four (4) verified Winners will each receive a Secondary Prize. There is no fixed drawing date; the Grand Prize drawing will take place within thirty (30) days after the fifth (5th) Gold Can has been claimed and verified. Odds of being among the five (5) verified Winners depend on the total number of cans purchased and the random distribution of the Gold Cans across the 64,000-can Drop (initial odds: 5 in 64,000, or approximately 1 in 12,800 per can). Odds of being the Grand Prize Winner among the five (5) verified Winners are 1 in 5. The Grand Prize Winner will be notified by Sponsor via email and/or phone.

PRIZES

There will be one (1) Grand Prize and four (4) Secondary Prizes available, for a total of five (5) Prizes.

• Grand Prize (1 winner): A gold Oura Ring (latest generation, sized to Winner), one (1) Kenetik-branded cooler, one (1) Kenetik x Protek watch, and one (1) full year (twelve (12) months) of Limited Edition Kenetik Golden Pear (or equivalent Kenetik product if Golden Pear is no longer available), delivered on Sponsor's standard monthly subscription cadence. Grand Prize ARV: ~$2,099 USD.
• Secondary Prize (4 winners): One (1) Kenetik-branded cooler, one (1) Kenetik x Protek watch, and three (3) months of Limited Edition Kenetik Golden Pear (or equivalent Kenetik product if Golden Pear is no longer available). Each Secondary Prize ARV: ~$650 USD.

Total ARV of all Prizes: ~$4,699 USD.

The value of the Prizes set forth above represents Sponsor's good-faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of a Prize is lower than the stated ARV when the Prize is procured and fulfilled, then the difference will not be awarded. All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Winners. The Prizes will be delivered to Winners "AS IS." No substitution or transfer of the Prize will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a Prize with another prize of equal or greater value.

ADDITIONAL PRIZE CONDITIONS

By accepting a Prize, the Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of their Prize. The Winners will be responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winners are solely responsible for all matters relating to their Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within seven (7) days from the first notification attempt, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor's sole discretion, an alternate Winner may be selected or the Prize may be forfeited.

By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor's request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to their Prize.

DISPUTES

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Maryland, 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 or jurisdiction's laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of Maryland; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant's remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.

SEVERABILITY

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

MISCELLANEOUS

These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrants, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.

WINNERS LIST REQUEST

To request confirmation of the first name, last initial, city, and state of residence of each Winner, send a self-addressed, stamped business size envelope, postmarked no later than ninety (90) days after the Grand Prize drawing, to:

Kenetik Golden Pear Sweepstakes Winners List Request c/o Kenetik 11375 Liberty St. Fulton, MD 20759

Sponsor (Kenetik), not the Administrator, will fulfill all winners list requests. Please allow up to thirty (30) days from receipt for a response.