Topgolf Callaway Brands Corp. Testing Panel Terms and Conditions

The following terms and conditions apply to participating in a test panel (“Test Panel”) being conducted by Topgolf Callaway Brands Corp. (the “Company”). In exchange for the consideration of allowing you to participate in a Test Panel, you (“you” or “Participant”) agree to all of the following (“Program Terms”):

1. Eligibility:
• You must be 18 years of age or older.
• You must not be employed in any of the following industries: Advertising/media/market research, golf course or golf facility operations, golf equipment manufacturing, golf company management, or any other golf-related businesses.
2. Participation:
• By joining the Testing Panel, you agree to comply with these Program Terms and all other rules and guidelines set forth by the Company’s Product Research Team.
• You must provide accurate and truthful information during the registration process and throughout your participation in the Test Panel.
3. Confidentiality:
• You agree to keep all information related to the testing and Test Panel confidential and not disclose any details to third parties without prior written consent from the Company.
4. Compensation:
• Your participation in the Test Panel is consideration for allowing you to provide feedback and otherwise test products provided by Company. To the extent that you are offered additional compensation or incentives from time-to-time, you are responsible for any taxes or duties that may be due as a result of receiving compensation.
5. Liability:
• To the fullest extent allowed by applicable law, Participant waives and releases any and all rights, claims, and causes of action against the Company and Company’s affiliates, subsidiaries and each of their respective officers, directors, agents, employees, and representatives in connection with any damage, liability, costs, attorneys’ fees, and expenses arising directly or indirectly out of your participation, including but not limited to claims based on personal injury, death, or property damage.
• Company shall not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your participation or the use/misuse of any compensation, even if advised of the possibility of such damages.
6. Governing Law:
• These terms and conditions shall be governed by the laws of the State of California, without application of conflicts of law principles.
7. Severability:
• If any provision of these terms is prohibited by or invalid under applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of the provision or the remaining provisions.
8. Agreement: Waiver of Rights to Opinions and Suggestions

• The Company values your thoughts and welcomes your participation. Please note, however, that the Company does not solicit or otherwise pay for any of your business, creative or product ideas. If you choose to send us feedback, you acknowledge and agree that you do so voluntarily and that no contract or confidential relationship is thereby created. You agree that you did not get the material from another person and are free to provide it to the Company. You also agree that the Company’s receipt or review of your material does not mean that it is unique or original and you acknowledge that the Company may independently have created or create in the future something substantially similar or identical to your submission, with no liability or obligation to you. The content of your submission will become and remain the sole property of the Company, and the Company shall be entitled to unrestricted use of your material for any purpose whatsoever, without compensation to you. This may also include use of your feedback for publication into any form for marketing purposes. Please note: This is a consumer feedback survey; employees of competing companies are prohibited from participating in the Company’s product feedback survey and Test Panel.

1. Acceptance:
• By joining the Test Panel, you agree to be bound by these Program Terms.