Fisker Ocean Extreme Upgrade Official Rules

This Contest may be modified, cancelled or postponed by Sponsor at any time in its sole discretion.

1. ELIGIBILITY: The Fisker Ocean Extreme Upgrade Contest ("Contest") is open to individual permanent legal residents of the United States (excluding Hawaii) and the District of Columbia, who are 18 years of age or older, and have reached the age of majority under the laws of the jurisdiction in which they reside as of December 10, 2021 (each, an eligible "Entrant"). Employees, officers and directors of Fisker Group, Inc. ("Sponsor”) and each of their respective parent companies, subsidiaries, affiliates, dealerships, governors, related entities, partners, partnerships, principals, licensees, sponsors, and advertising/promotion agencies and each of their respective officers, directors, shareholders, employees, agents, members, representatives, successors and assigns (collectively, "Related Parties"), and the immediate family members (parent, spouse, sibling, or child, and their respective spouses, regardless of where they reside) and those living in the same household of each (whether or not related) are not eligible to participate or win. This Contest is subject to these official rules ("Official Rules") and all applicable federal, state, and local laws, rules and regulations. Void in Hawaii and where prohibited or restricted by law, rule or regulation.

2. SWEEPSTAKES PERIOD: The Contest begins on 12/11/21 at 10:00:00 AM Pacific Standard Time ("PST") and ends on 12/22/21 at 11:59:59 PM PST (the "Contest Period").

3. HOW TO PARTICIPATE: To enter into the Contest, during the Contest Period take all of the following steps (I) follow @fiskerinc on Instagram, (ii) tag 3 friends who should know about Fisker, (iii) provide your reservation code if you have one (not required); and (iv) download the free Fisker Flexee app and create an account if you are not already registered. Completion of the foregoing steps will entitle you to receive one (1) "Entry" to the Prize drawing. If you already have completed steps (i), and (iv), then you only need to post and tag 3 friends who should know about Fisker (with your reservation code if you have one), to receive one (1) “Entry”. Limit one (1) Entry per person and per username per day, regardless of the number of usernames used. In the case of multiple Entries from any one (1) person or email address in a given day, only the first Entry received will be accepted and all subsequent Entry attempts from such person or email address will be void.

By entering this Contest, each Entrant gives his/her express permission to be contacted by the Sponsor by telephone and/or e-mail for Contest purposes. Released Parties (as defined below) are not responsible for lost, incomplete, late, delayed, inaccurate, misdirected, undelivered Entries, email, or failures or malfunctions of phones, phone lines or telephone systems; lost Entries, prize claims or transmissions; any error, omission, interruption, defect or delay in transmission, or communication; or other errors or problems of any kind whether mechanical, human, telephone, electronic, mail or otherwise relating to or in connection with the Contest, or downloading of materials from or use of the website, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing of Entries, or the announcement of the prize. Sponsor reserves the right, in its sole discretion, to void any and all Entries of an Entrant who Sponsor believes has attempted to tamper with, corrupt, or impair the administration, security, fairness or proper play of this Contest or who is otherwise not in compliance with these Official Rules.

4. USE OF ENTRANT INFORMATION FOR MARKETING PURPOSES: Any personally identifiable information collected during an Entrant’s participation in this Contest will be collected and used by the Sponsor, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and in accordance with Sponsor’s Privacy Policy available at https://www.fiskerinc.com/legal/privacy-policy.

Entrants may also be given the option to receive further communication (i.e., e-mails, specific offers, etc.) from Fisker Group Inc.; however, eligibility to participate in the Contest is not dependent upon Entrant’s consent to receive such e-mails. Opting-in to receive further communication from Fisker Group Inc. does not improve Entrant’s chances of winning. Entrants may opt-out of marketing communications at any time.

5. PRIZE DRAWING:  A total of 1 potential winner will be selected in a random drawing on or about 12/24/21 from among all eligible Entries received throughout the Contest Period ("Contest Winner"). Odds of winning depend on the total number of valid entries received during the Sweepstake Period. Drawing will be conducted by Sponsor, whose decisions will be final and binding in all matters relating to this Contest.

6. WINNER NOTIFICATION: The potential Prize Winner will be notified on or around the date of selection via Instagram Direct Message provided by the Entrant at the time of Sweepstake entry. Final determination of the Prize winner is always conditional on verification of eligibility and compliance with these Official Rules. Failure to respond to the initial verification Instagram Direct Message within twenty-four (24) hours after initial notification to the potential prize winner or return of the Instagram Direct Message as undeliverable may result in disqualification and award of the prize to an alternate winner.

Potential winner will be required to complete, sign and return within one (1) business day of transmission, an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law, W-9 Form, if applicable and any other documentation required by Sponsor (collectively, “Verification Documents”). If a potential winner does not respond to the initial notification within twenty-four (24) hours as set forth above, if Verification Documents are not returned to Sponsor within the specified time period, if potential winner cannot attend any programming connected with the Contest on the specified date, if any prize notification or prize is returned as non-deliverable, if potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, or if potential winner cannot or does not accept the prize for any reason, prize may be forfeited and potential winner may be disqualified without compensation of any kind and an alternate winner may be selected in a random drawing (time permitting) from remaining eligible entries received

In the event of any dispute concerning the identity of any entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the email listed in the Member account. “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.

7. PRIZES: 1 Contest winner will receive the opportunity to upgrade his/her/their separate purchase of a Fisker Ocean Sport to the Fisker Ocean Extreme at no additional charge (collectively, the “Prize”). The Prize will be in the form of a special document which entitles the Prize winner the opportunity to upgrade the winner’s purchase of a Fisker Ocean Sport to the Fisker Ocean Extreme edition at the time a binding purchase contract for the Fisker Ocean Sport is entered into by the winner. The Fisker Ocean Extreme remains subject to availability and Vehicle production schedule. Total current actual retail value of the Prize awarded = $31,500.

Federal, state and local taxes, if any, are the sole responsibility of each winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. All expenses not specifically provided for herein are the winner’s sole responsibility.

Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the Prize due to reasons beyond Sponsor’s control and is not responsible or liable for any expenses incurred as a consequence thereof. Prize event is subject to cancellation.

Prize may not be sold, traded, transferred, or refunded. Prizes are not redeemable for cash.

8. RELEASES: By participating in this Contest and accepting the chance to win the prize, entrants agree to release Sponsor, Fisker Group Inc., their parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance or use of the prize. Winner agrees that the Released Parties have not 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 the prize.

9. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA. Each Entrant agrees to solely resolve disputes by arbitration in compliance with the arbitral rules of the American Arbitration Association at a venue located within Los Angeles County.

10. SPONSOR: Fisker Group Inc., 1888 Rosecrans Ave, Manhattan Beach, CA 90277.