Spend Challenge Terms and Conditions (Legacy)

These terms and conditions (“Terms”) govern the Fizz Spend Challenge (the “Challenge”) organized by ShoulderTap Technologies, Inc. d/b/a Fizz (“Sponsor” or “Fizz”). As a condition of participating in the Challenge, you agree to be fully and unconditionally bound by these Terms, Sponsor’s policies (including, without limitation, Sponsor’s Terms of Use and Privacy Policy) found on Sponsor’s website at https://joinfizz.com/policies (the “Policies”) and the decisions of Sponsor in connection with the Challenge, whose decisions shall be final and binding in all respects. Furthermore, to the fullest extent permitted by law, you agree to waive any right to claim ambiguity in the Challenge, these Terms, the Challenge materials (including the Sponsor’s marketing materials), and/or information contained on the Sponsor’s website at https://joinfizz.com or its social media. The Challenge is subject to applicable federal, state, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. The Sponsor’s Terms of Use (https://joinfizz.com/policies/terms-of-use) and Privacy Policy (https://joinfizz.com/policies/privacy-policy), as well as any other applicable Policies related to your use of the Fizz products and services, are incorporated by reference and made a part of these Terms. 

1. ELIGIBILITY 

The Challenge is open only to individuals who (i) meet the requirements set forth in Section 5.3.3 of Sponsor’s Terms of Use; (ii) are at least eighteen (18) years of age at the time of entry; (iii) satisfy Sponsor’s know-your-customer and underwriting requirements; (iv) are active Fizz Visa Card cardholders in good standing; (v) remain active Fizz Visa Card cardholders in good standing throughout the duration of the Challenge Period; (vi) are not barred from participation in the Challenge under the laws of the United States, including but not limited to all federal, state, and local laws or by virtue of violating any of the Policies; and (vii) at all times abide by these Terms and the terms and conditions of Sponsor’s Policies (each such eligible individual, an “Eligible Individual”). Any Eligible Individuals who are Fizz Members at the time they enter the Challenge must also be and remain active Members in good standing for the full Challenge Period to be eligible, subject to Sponsor’s sole discretion. Any individual who violates these Terms or any applicable Policies during the Challenge Period, including, without limitation, as a result of missing a Payment Due Date (as defined in the Line of Credit Agreement), will be disqualified from the Challenge. If an individual’s account or Fizz Card is closed for any reason during the Challenge Period, they will be disqualified from the Challenge. IN NO EVENT IS AN INDIVIDUAL REQUIRED TO PAY FOR OR SUBSCRIBE TO ANY PAID PRODUCTS OR SERVICES OFFERED BY SPONSOR IN ORDER TO BE ELIGIBLE FOR THE CHALLENGE. NO PURCHASE NECESSARY. THE CHALLENGE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY. 

Employees, officers, directors, and agents of the Sponsor, its affiliates, subsidiaries, and advertising or promotional agencies, as well as their immediate family members and those living in the same household, are not eligible to participate in the Challenge.

2. CHALLENGE PERIOD 

The Challenge will be made available to Eligible Individuals on or around October 30, 2025 and will continue until such time as Sponsor, in its sole discretion, discontinues the Challenge. During such time, Eligible Individuals may opt in to participate in the Challenge through the Fizz mobile app. Once the Eligible Individual affirmatively opts in to the Challenge through the mobile application (the “Challenge Start Date”), the Eligible Individual must meet the Minimum Weekly Spend Threshold (defined below) each week for the five (5) subsequent weeks following their Challenge Start Date (the “Challenge Period”). For the avoidance of doubt, if Sponsor discontinues the Challenge during an Eligible Individual’s Challenge Period, all such Eligible Individuals will be afforded the opportunity to complete their Challenge. 

Sponsor shall be the official timekeeper of the Challenge. Sponsor reserves the right to modify, suspend, terminate or amend these Terms at any time without prior notice. 

3. HOW TO ENTER 

During the Challenge Period, Eligible Individuals must enroll in the Challenge through the Fizz mobile app. 

Alternative means of entry: Notwithstanding the immediately preceding paragraph in this Section 3, during the Challenge Period, individuals may instead choose to apply to become an Eligible Individual in order to enter into the Challenge by emailing [email protected]. Application will be at no cost to the individual but remains subject to satisfaction of know-your-customer (KYC) and underwriting requirements. Individuals who are successfully approved for the Fizz Card may then enroll in the Challenge provided they are otherwise an Eligible Individual and the Challenge is still ongoing. The Sponsor will not contact any such Qualifying Individuals with marketing or other promotional materials. For the avoidance of doubt, the rest of these Terms and Sponsor’s Policies will continue to apply to any such Qualifying Individuals who apply using this alternative means of entry. 

4. ENTRY CONDITIONS 

There is a limit of one (1) entry per person. Subsequent attempts made by the same individual to participate in the Challenge more than once by using multiple or false contact or account information, or otherwise, may result in the entrant being disqualified, at Sponsor’s sole discretion. Entries generated by a script, computer programs, macro-programmed, robotic or any other automated means are void and may be disqualified at Sponsor’s sole discretion. Entries that are in excess of the stated limits, incomplete, incorrect, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, deceptive, or are otherwise not in compliance with the Terms are also void and may be disqualified from the Challenge at Sponsor’s sole discretion. Sponsor will not be responsible for invalid submissions and has no obligation to advise an individual of such a submission. If a problem occurs in the entry process, the entrant is solely responsible for verifying that the entry process has been validly completed.

5. CRITERIA 

An Eligible Individual is considered to have properly entered and started the Challenge if they are presented with, and affirmatively opt in to, the Challenge. Eligible Individuals will be presented with a Challenge involving a Minimum Weekly Spend Threshold that is commensurate with their Fizz Card Credit Limit tier and their spending history, among other factors. The Minimum Weekly Spend Thresholds for each Credit Limit tier are found in the table below. After the Challenge Start Date, Eligible Individuals must, using their Fizz Card, spend and repay, at a minimum, the amount corresponding to their Minimum Weekly Spend Threshold each and every week for five (5) consecutive weeks during the Challenge Period. If an Eligible Individual satisfies the foregoing conditions, then they will receive a Reward Amount within the range corresponding to their Credit Limit as of the Challenge Start Date. The Reward Amount will be selected at random by Sponsor using the corresponding weights in the table below. The Reward Amount will be awarded in the form of Fizz rewards points to the customer’s Fizz mobile app. The Reward Amount offered to each Eligible Individual who successfully completes the Challenge is considered final. 

If an Eligible Individual fails to meet the Minimum Weekly Spend Threshold in any week during the Challenge Period, the Eligible Individual will be deemed to have failed the Challenge and will be disqualified and will under no circumstances be eligible for a reward. If an Eligible Individual

meets the Minimum Weekly Spend Threshold for the entire duration of the Challenge Period but fails to repay any or all of their outstanding line of credit balance for transactions made during the Challenge Period, Sponsor reserves the right to withhold or revoke the individual’s reward until the outstanding transaction amounts are repaid. 

Any transactions that are initiated but are ultimately declined or refunded for whatever reason will not count towards the Minimum Weekly Spend Threshold. If an Eligible Individual’s Fizz Card is frozen for whatever reason during the Challenge Period, it is their responsibility to communicate as soon as possible with Fizz customer support. Sponsor reserves the right to freeze or otherwise suspend use of any Fizz Card due to delinquency or if it suspects fraud, misuse, or other violation of these Terms or of the Policies; Sponsor shall not be responsible for the failure of any individual to satisfy the Challenge due to account suspension. If an Eligible Individual’s Credit Limit is increased in the ordinary course during their Challenge Period, their Minimum Weekly Spend Threshold will not change and they may complete the Challenge by continuing to satisfy their original Minimum Weekly Spend Threshold. 

Any amounts spent outside the Challenge Period will not be included in the Challenge. For purposes of this Challenge, an entry is “received” when the Sponsor’s servers record the Eligible Individual’s entry. Screen shots, printouts or other purported "proof" or "evidence" of entry or winning, in lieu of Sponsor's validation process, shall not be binding. Proof of sending (such as an automated receipt, screen shots, etc.) does not constitute proof of actual receipt of an entry for purposes of these Terms. 

The reward outcome conveyed to you by Sponsor through the mobile application will be final and determinative. No appeals or reconsiderations will be granted. 

6. REWARDS AND RESTRICTIONS 

Subject to verification of eligibility and adherence to and compliance with these Terms and the Policies at all times during the Challenge Period, each Eligible Individual who successfully enters and completes the Challenge will be awarded a Reward Amount based on their Credit Limit as of the Challenge Start Date and the odds corresponding to each Reward Amount. An Eligible Individual will be entitled to a maximum of one reward and may not enter the Challenge more than once. All rewards will be awarded in the form of Fizz rewards points to the Eligible Individual’s Fizz account. Fizz rewards points, including those earned through the Challenge remain subject at all times to the applicable Policies governing Fizz rewards points. 

Rewards will be awarded only if the Eligible Individual fully complies with these Terms. All reward details are at the sole discretion of Sponsor and any depiction of the rewards, in Challenge materials or otherwise, is for illustrative purposes only. Rewards are non-transferable, non-exchangeable, and non-refundable, and must be accepted by the winner as awarded. A reward winner may waive his/her right to receive a reward. Sponsor shall have no responsibility or obligation to a reward winner or a potential reward winner who is unable or unavailable to, or who does not for any reason, accept or utilize a reward. In the event of non-compliance with these Terms, or if a reward is unclaimed, that reward will be forfeited.

All federal, state, provincial and local taxes, and all costs and expenses related to the acceptance and use of a reward not specified herein are the sole responsibility of the reward winner. Any required tax reporting forms will be furnished to the appropriate authorities. For rewards over $600, Sponsor may issue a 1099-MISC when deemed necessary. 

7. NOTIFICATION AND VERIFICATION 

Unless otherwise deemed necessary by Sponsor (including, without limitation, in order to investigate a violation of these Terms), rewards will be available to a Challenge winner in the Fizz mobile application promptly after completing the Challenge. 

Except where prohibited, a potential winner may also be required to sign and return to Sponsor, within three (3) business days from the date of when Sponsor’s initial notification was sent, a declaration of eligibility and liability/publicity release (“Declaration”) via email to the address specified in the Declaration in order to claim his or her reward. If the Declaration is returned as undeliverable or incomplete or a potential winner fails to complete, sign and return the applicable Declaration within the required time period, or the potential winner does not adhere to the Terms and all of the Policies, including, without limitation, if the potential winner does not fulfill the eligibility requirements, the potential winner may be disqualified at Sponsor’s sole discretion. 

In the event a potential winner is disqualified for any reason, or if a reward is unclaimed or not accepted, the reward will be forfeited. If forfeited for any reason, the potential winner will not receive any other reward substitution or compensation, and the reward will remain the property of Sponsor and will not be awarded, except as provided herein. 

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE CHALLENGE, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF POTENTIAL WINNERS IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE CHALLENGE. 

8. GENERAL CONDITIONS 

Winning a reward is contingent upon accepting these Terms and the Policies, fulfilling all requirements of these Terms and adhering to all of the Policies. Sponsor reserves the right without liability to disqualify any entrant or cancel, suspend, modify and/or terminate the Challenge, or any part of it, for any reason, including, but not limited to, insufficient entries in the Challenge, any printing, seeding, typographical, technical errors, human or otherwise, suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Challenge or any other factor beyond Sponsor’s reasonable control, as determined by Sponsor at its sole discretion. In such event, Sponsor reserves the right to award the rewards to the extent required by law for eligible entries submitted up to the time of the impairment (and/or thereafter), or in such other manner as deemed fair and appropriate by

Sponsor at its sole discretion. Sponsor also reserves the right to disqualify any individual it finds to be tampering or interfering with the operation of the Challenge, acting in violation of these Terms or any applicable Policies or in a disruptive manner and void such individual’s entry. 

Sponsor is not responsible for: (a) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (b) unauthorized human intervention in any part of the Challenge; (c) technical or human error in the administration of the Challenge or the processing of participants; or (d) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from user’s participation in the Challenge or receipt or use or misuse of any reward. If for any reason a participant’s eligibility for the Challenge is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is to contact support and request for a review. Participants agree that any and all such disputes shall be resolved individually without any legal action. No more than the stated number of each reward will be awarded. 

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 

The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event that any provision of the Terms is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Terms will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the Terms or any provision hereof. 

9. WAIVER AND RELEASE OF NAME AND LIKENESS BY CHALLENGE WINNER(S) 

IF YOU ARE AWARDED A REWARD, YOU ACKNOWLEDGE AND AGREE THAT THE SPONSOR MAY USE AND PUBLICIZE YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND INFORMATION FOR ADVERTISING, PROMOTION, AND OTHER COMMERCIAL AND BUSINESS PURPOSES, IN EACH CASE, SOLELY IN CONNECTION WITH THE REWARD AND/OR THE CHALLENGE. YOU HEREBY IRREVOCABLY PERMIT, AUTHORIZE, GRANT, AND LICENSE THE SPONSOR AND ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE LICENSEES, ADVERTISING AGENCIES, PROMOTION AGENCIES, AND FULFILLMENT AGENCIES, AND THE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS OF EACH AND ALL OF THEM (“AUTHORIZED PERSONS”), THE RIGHTS TO DISPLAY, PUBLICLY PERFORM, EXHIBIT, TRANSMIT, BROADCAST, REPRODUCE, RECORD, PHOTOGRAPH, DIGITIZE, MODIFY, ALTER, EDIT, ADAPT, CREATE DERIVATIVE WORKS, EXPLOIT, SELL, RENT, LICENSE, OTHERWISE USE, AND PERMIT OTHERS TO USE, YOUR NAME, IMAGE, LIKENESS, APPEARANCE, VOICE, PROFESSIONAL AND PERSONAL BIOGRAPHICAL INFORMATION, OTHER

PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION, AND ALL MATERIALS CREATED BY OR ON BEHALF OF THE SPONSOR THAT INCORPORATE ANY OF THE FOREGOING, IN EACH CASE, TO THE EXTENT RELATED TO OR OTHERWISE IN CONNECTION WITH THE REWARD AND/OR THE CHALLENGE (“MATERIALS”) IN PERPETUITY IN ANY MEDIUM OR FORMAT WHATSOEVER NOW EXISTING OR HEREAFTER CREATED ON ANY PLATFORM AND FOR ANY PURPOSE RELATED TO OR OTHERWISE IN CONNECTION WITH THE REWARD AND/OR THE CHALLENGE, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, PUBLIC RELATIONS, PUBLICITY, PACKAGING, AND PROMOTION OF THE SPONSOR AND ITS AFFILIATES AND THEIR BUSINESSES, PRODUCTS, AND SERVICES, WITHOUT FURTHER CONSENT FROM OR ROYALTY, PAYMENT, OR OTHER COMPENSATION TO YOU. The Sponsor shall be the exclusive owner of all rights, including copyright, in the Materials. YOU HEREBY IRREVOCABLY TRANSFER, ASSIGN, AND OTHERWISE CONVEY TO THE SPONSOR YOUR ENTIRE RIGHT, TITLE, AND INTEREST, IF ANY, IN AND TO THE MATERIALS AND ALL COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE MATERIALS ARISING IN ANY JURISDICTION THROUGHOUT THE UNIVERSE IN PERPETUITY, INCLUDING ALL REGISTRATION, RENEWAL, AND REVERSION RIGHTS, AND THE RIGHT TO SUE TO ENFORCE SUCH COPYRIGHTS AGAINST INFRINGERS. You acknowledge and agree that you have no right to review or approve Materials before they are used by the Sponsor, and that the Sponsor has no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from the Sponsor’s editing, alteration, or use of the Materials, or the Sponsor’s presentation of you. Any credit or other acknowledgment of you, if any, shall be determined by the Sponsor in the Sponsor’s sole discretion. The Sponsor has no obligation to create or use the Materials or to exercise any rights given by these Terms. 

10. EXTENDED MEANINGS; CURRENCY; FORCE MAJEURE 

Unless otherwise specified in these Terms, words importing the singular include the plural and vice versa and words importing gender include all genders. All dollar amounts referred to in these Terms are in lawful money of the United States of America. The Released Parties are not responsible for any damages caused by delay or failure to perform undertakings pursuant to these Terms when the delay or failure is due to weather, event cancellations, fires, strikes, floods, acts of God or the state’s enemies, lawful acts of public authorities, delays or defaults caused by common carriers, or other events that cannot reasonably be foreseen or provided against. 

11. INDEMNIFICATION 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE FIZZ PARTIES (AS DEFINED IN THE TERMS OF USE (HTTPS://JOINFIZZ.COM/POLICIES/TERMS-OF-USE)) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DEMANDS OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES ARISING OUT OF OR RELATING TO (I) YOUR PARTICIPATION IN THIS CHALLENGE OR (II) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD PARTY. SPONSOR RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE

EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIM. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM. SPONSOR RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF SPONSOR. 

12. SPONSOR 

The Challenge is sponsored by ShoulderTap Technologies, Inc. d/b/a Fizz, 450 Broadway, Floor 2, New York, NY 10013. 

13. MISCELLANEOUS 

You agree that the provisions of Sections 15 through 18 of the Sponsor’s Terms of Use are incorporated herein by reference and apply to these Terms.