KRAKEN NFT TERMS AND CONDITIONS

As a condition of purchasing a Seattle Kraken (the “Kraken”) non-fungible token (“NFT”), purchasers (“Purchasers”) agree to abide by Orange Comet Terms of Service and Privacy Policies, available at https://orangecomet.com, these Terms and Conditions and all applicable laws. Purchasers are responsible for paying any applicable taxes in connection with the purchase of any Kraken NFT. As a condition of redeeming any in-person experience purchased in connection with a Kraken NFT (the “Experience”), including but not limited to, redeeming tickets to attend a Seattle Kraken game, Purchasers, on behalf of themselves and any guests (“Guests”) who may join Purchaser, agree to abide by all rules and the Code of Conduct in effect from time to time at the Kraken’s home game venue, Climate Pledge Arena (CPA) in Seattle, WA, including but not limited to, any health and safety protocols regarding COVID-19, vaccination mandates and/or vaccination testing requirements. Event dates will be determined by Seattle Hockey Partners LLC (SHP) and Seattle Arena Company, LLC (SAC) in their discretion. SHP and SAC make no warranty or guarantee regarding the availability of certain games or events. If the Experience cannot be redeemed during the 2021-22 NHL regular season, SHP and SAC reserve the right to offer a substitute Experience of reasonably similar value on a date to be determined by SHP and SAC in their discretion. SHP and SAC shall determine all details of the applicable Experience in their sole discretion, including but not limited to, the date and time of such Experience and, if applicable, the food and beverage offerings available during such Experience. Each Purchaser agrees on behalf of themselves and any Guest, when redeeming any Experience, to indemnify, defend, discharge, release, forever acquit, and hold harmless SHP and SAC and their respective affiliated entities (including third-party partners) and their respective officers, employees, representatives, agents and contractors from and against any and all demands, claims, actions, or proceedings of any kind, and from any and all injuries, damages, liabilities, costs, and expenses related to or arising out of the Purchaser’s participation in and redemption of the Experience, and any breach or alleged breach of any of the warranties, representations, or agreements of Purchasers or their Guests of these Terms and Conditions. Purchaser and/or Guests may be required by SHP and SAC to execute additional forms, releases, and/or waivers as a prior condition to participating in the Experience. In the event SHP is [type Annotation] unable to offer the Experience due to any event beyond its control, including but not limited to technological errors, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil unrest, terrorist threat or act, war (declared or undeclared), or any local, state, or federal law, order, or regulation, then subject to any governmental approval that may be required, SHP reserves the right to modify, suspend, extend or terminate the Experience. Kraken NFTs and these Terms and Conditions are governed by the laws of the State of Washington. As a condition of purchasing a Kraken NFT or participating in an Experience, Purchasers and their Guests agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with the NFTs and/or Experiences, shall be resolved individually, without resort to any form of class action, by final and binding arbitration administered by JAMS and conducted in Seattle, Washington before a sole arbitrator in accordance with the rules of JAMS.