OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO BE CONSIDERED FOR OR TO RECEIVE THE AWARD. THE AWARD IS DETERMINED BY JUDGING AGAINST THE CRITERIA IN RULE 5, NOT BY CHANCE.

1. Sponsor

The Wave 1 Founders Award (the “Award”) is offered by Zugunruhe Labs LLC, a Colorado limited liability company, 1500 N Grant St Ste N, Denver, CO 80203 (“Zugunruhe Labs”, “we”, “us”), the operator of MotoScore (the “Service”).

2. Relationship to Other Terms

2.1. These Official Rules (the “Rules”) supplement the MotoScore Terms of Use (the “Terms”) and the MotoScore Beta Test Agreement (the “Agreement”). Capitalized terms used but not defined in these Rules have the meanings given to them in the Terms or the Agreement.

2.2. If these Rules conflict with the Terms or the Agreement on a matter concerning the Award, these Rules govern that matter. On every other matter, the Terms and the Agreement govern.

2.3. These Rules apply to each Wave 1 Participant from the date they are published or the date that participant is Admitted, whichever is later. Wave 1 Participants are considered for the Award automatically and there is no entry form. Confirming the Award under Rule 6.2 is acceptance of the Award, not acceptance of these Rules.

3. Definitions

3.1. “Wave 1 Participant” means a person we admitted to the first cohort of the MotoScore closed beta program.

3.2. “Completed Participant” means a Wave 1 Participant who has completed the program as described in Section 1.2(d) of the Agreement, and so has qualified for the beta participant reward under Section 3.1 of the Agreement and Section 3.2 of the Terms (the “Three-Year Reward”).

3.3. “Evaluation Period” means the period that begins on the date the first Wave 1 Participant was Admitted and ends at 11:59 p.m. Mountain Time on the date we notify Wave 1 Participants by email that the Wave 1 program has ended.

3.4.

“Qualifying Feedback” means each of the following, when submitted by you, from your own account or from the email address on it, during the Evaluation Period:

(a) a rating of a road submitted through the Service’s in-app rating feature, for a road you rode;

(b) written feedback submitted through the Service’s feedback features; and

(c) written replies by email to questions we send you about your feedback.

3.5. “Founders Membership” means access to the Service on the same terms, and with the same features and entitlements, as we provide to purchasers of our Founders lifetime offer (the “Founders Offer”) in future promotions. If we never offer the Founders Offer for sale, “Founders Membership” means access to our highest generally available individual paid tier, subject to Rule 8.

3.6.

“Excluded Person” means (a) an employee, officer, member, manager, contractor or contributor of Zugunruhe Labs; (b) anyone who has worked on the Service under a contract or confidentiality agreement other than the Agreement; and (c) the immediate family members (spouse, domestic partner, parent, child and sibling, and each of their spouses) and household members of any person in (a) or (b).

3.7. “Judge” means James Espy, founder of Zugunruhe Labs, or a person we designate under Rule 5.8.

3.8. “Winner” means an Eligible Participant selected under Rule 5.5 who confirms the Award under Rule 6.2.

3.9. “Participation Month” means each consecutive period of thirty (30) days during the Evaluation Period, the first beginning on the date the Wave 1 Participant was Admitted.

3.10. "Admitted" means, for a Wave 1 Participant, the date and time we admitted that participant to the Beta Program, which is when the Beta Test Agreement took effect for them under Section 8.5(d) of that Agreement.

4. Eligibility

4.1.

To be eligible for the Award (an “Eligible Participant”), you must, both at the end of the Evaluation Period and when the Award is made:

(a) be a Completed Participant;

(b) be at least eighteen (18) years old and a legal resident of the fifty United States or the District of Columbia;

(c) not be an Excluded Person;

(d) have an account in good standing that has not been suspended or terminated under Section 10.2(a) of the Terms; and

(e) not be in breach of the Terms, the Agreement or these Rules.

4.2. The Award is void where prohibited or restricted by law.

4.3. Deleted Accounts.

(a) If you delete your account you cannot be selected as a Winner, and any Award already made to you ends.

(b) Our record of your Qualifying Feedback, of the points it earned and of the Judge’s decisions about it is held with your account and is removed when your account is deleted. We do not reconstruct it.

(c) This Rule applies whether you delete your account during the Evaluation Period, after it ends, or after the Award is made.

5. How the Award Is Earned

5.1. Points.

During the Evaluation Period, a Wave 1 Participant earns points for Qualifying Feedback as set out in the table below. Qualifying Feedback of a kind not listed in the table earns no points.

5.2. Limits.

(a) No more than 20 points count in any Participation Month, from all Qualifying Feedback combined.

(b) Points above that limit are recorded but do not count toward Pace.

(c) Only the first Wave 1 Participant to report a given defect, or to suggest a given idea or improvement, earns points for it. An idea we had already received or planned earns no points. If that participant is disqualified under Rule 9, or is found not to be an Eligible Participant, the points for that item pass to the next participant who reported the same defect or suggested the same idea, provided we determine this before final Pace is determined under Rule 5.9.

(d) Points are counted in the Participation Month in which the feedback was submitted. The Judge’s decision determines whether points are earned, not the month in which they count. The additional points for a fix or release are earned only if the fix or release happens during the Evaluation Period. If it happens later, the points already earned for the report or suggestion stand.

5.3. Target. A Wave 1 Participant’s target is 10 points for each Participation Month, prorated by day. On any day, the target equals 10 multiplied by the number of days since the participant was Admitted, divided by thirty (30).

5.4. Pace.

A Wave 1 Participant’s “Pace” on any day is the total of their points counted under Rule 5.2 to that day, divided by their target under Rule 5.3 for that day, expressed as a percentage. Because points are counted in the Participation Month in which the feedback was submitted, a decision we make later may increase a participant’s points for an earlier month. Pace is calculated on the points recorded at the time of calculation, and a later decision is reflected in the next calculation.

5.5. Winners. Every Wave 1 Participant who is an Eligible Participant, and whose Pace at the end of the Evaluation Period is at least 100%, is selected as a Winner, subject to Rule 6. There is no limit on the number of Winners.

5.6. What Is Not Counted.

(a) No points are earned for ratings of roads you have not ridden, for duplicate or copied submissions, or for submissions made by automated means. Any of these may also lead to disqualification under Rule 9.

(b) A rating excluded under this Rule earns no points of any kind, including the additional points for a rating that the Judge confirms showed one of our assessments was wrong.

(c) If we find after points have been counted that a submission was excluded under this Rule, we remove those points and recalculate the participant’s Pace. The correction is reflected in the next status email under Rule 5.7.

(d) A rating of a road you have ridden counts whenever you rode it, including before the Evaluation Period. Riders who cannot ride during part of the Evaluation Period, for example in winter, may rate roads they know well from past rides.

5.7. Weekly Status.

Each week, ordinarily on Monday, we will email each Wave 1 Participant their points counted, their target, their Pace to date, and any feedback of theirs that is awaiting a decision. Because a decision we make later may add points to an earlier month, your Pace may rise after a status email has been sent. Status emails are for information only. If one contains an error, we will correct it in a later status email. Winners are selected on the basis of our records under Rule 5.9, not on the basis of any status email.

5.8. The Judge. The Judge decides in good faith whether a rating showed an assessment was wrong, whether a defect is confirmed or fixed, and whether an idea or improvement is accepted or released, and records the date of each decision. If the Judge is unable to act, we will designate another person to act as Judge. The Judge’s decisions under these Rules are final and binding in all matters relating to the Award.

5.9. Records and Timing.

Our records of Qualifying Feedback and of the Judge’s decisions, including the time each submission was received and each decision was made, are conclusive for the purposes of these Rules. Feedback we did not receive, for any reason, is not considered. A decision the Judge makes after the Evaluation Period ends, but before final Pace is determined, counts; the points are counted in the Participation Month in which the feedback was submitted. We will determine each Eligible Participant’s final Pace within thirty (30) days after the Evaluation Period ends.

6. Notification and Confirmation

6.1. We will notify each potential Winner by email, to the address on their account, within thirty (30) days after the Evaluation Period ends.

6.2. To confirm the Award, a potential Winner must reply to that email within fourteen (14) days, confirming that they meet Rule 4 and that they accept these Rules. We may ask for reasonable verification of eligibility, including age and residence.

6.3. If a potential Winner does not confirm in time, is found ineligible or declines the Award, the Award to that person is forfeited. A forfeited Award does not pass to anyone else.

6.4. We will not publish a Winner’s name, or any information about a Winner, without that Winner’s consent.

7. The Award

7.1. What a Winner Receives. Each Winner receives a Founders Membership in place of the Three-Year Reward. A Winner does not receive both.

7.2. Start. A Winner’s Founders Membership begins on the later of (a) the date the Three-Year Reward would have begun under Section 3.2(b) of the Terms, and (b) the date the Winner confirms the Award under Rule 6.2. If the Winner’s Three-Year Reward has already begun by that date, it converts to a Founders Membership on the date of confirmation.

7.3. Personal to the Winner. The Award is personal to the Winner. It may not be transferred, assigned, sold, or exchanged for cash or any other benefit. No substitution is available, except as provided in Rule 8.3.

7.4. Taxes. Each Winner is responsible for any taxes arising from the Award. We may request any information we are required by law to collect.

8. Duration of the Founders Membership

8.1. A Founders Membership continues for as long as we offer the Service and a paid tier of it. It is a commitment to provide access to a service we operate, not a commitment to operate the Service for any period.

8.2. If we cease to offer the Service, or cease to offer any paid tier of it, the Founders Membership ends at the same time.

8.3. If the features of our paid tiers change, a Founders Membership includes the features we provide at that time to purchasers of the Founders Offer or, if we no longer provide the Founders Offer, to subscribers to our highest generally available individual paid tier.

8.4. A Founders Membership ends if the Winner’s account is terminated under Section 10.2(a) of the Terms, or if the Winner closes their account.

9. Disqualification

We may disqualify any person from the Award, and withdraw an Award already made, if we reasonably determine that the person:

(a) submitted ratings of roads they did not ride, or feedback they knew to be false or misleading;

(b) used more than one account, or submitted feedback by automated means;

(c) coordinated with others to affect the outcome of the Award;

(d) breached the Terms, the Agreement or these Rules; or

(e) was not eligible under Rule 4.

10. Changes to These Rules

10.1. We may change these Rules by publishing a revised version. A revised version does not reduce the rights of any Wave 1 Participant under the version in effect before the change, unless that participant accepts the revised version.

10.2. Once these Rules are published, we will not cancel the Award, except as provided in Rule 8.2 or where the law requires it.

11. Privacy

To determine eligibility and select Winners, we use only information we already hold under our Privacy Policy, including your Qualifying Feedback and the information on your account.

We also keep a record of your Qualifying Feedback, the points it earned, and the Judge’s decisions about it, including a short note recording the reason for each decision. That record is held with your account, is described in our Privacy Policy, and is removed if you delete your account, as Rule 4.3 provides.

Information a potential Winner gives us to verify eligibility is used only for that purpose, and is handled under our Privacy Policy.

12. Disclaimers and Limitation of Liability

Sections 11 (Disclaimer of Warranties) and 12 (Limitation of Liability) of the Terms apply to the Award and to these Rules.

13. Governing Law and Disputes

Section 15 (Governing Law and Disputes) of the Terms applies to these Rules and to the Award.

14. Contact

Questions about these Rules or the Award may be sent to the contact address in Section 18 of the Terms.

15. Survival

Rules 7, 8, 9 and 12 to 14 continue to apply after the Evaluation Period ends and after the Wave 1 program ends.