Season Guarantee

Effective Date: March 2026  |  Applicable Season: 2026 MLB Season  |  Governing State: Georgia, United States

Preamble & Overview

Dinger Derby ("Dinger Derby," "we," "us," or "our") offers the Season Guarantee as an expression of our confidence in the quality and consistency of our baseball statistical data and analytics. The Season Guarantee is available exclusively to eligible subscribers of the Dinger Derby Pro and All-Star full-season subscription packages.

These Season Guarantee Terms & Conditions ("Guarantee Terms") govern the terms under which a subscriber may be eligible for a refund of their subscription fee under the Season Guarantee program. These Guarantee Terms are incorporated by reference into and form part of Dinger Derby's Terms of Service. In the event of any conflict between these Guarantee Terms and the Terms of Service, the Terms of Service shall control, except where these Guarantee Terms expressly provide otherwise.

By purchasing an eligible subscription package and electing to participate in the Season Guarantee program, you acknowledge that you have read, understood, and agree to be bound by these Guarantee Terms in their entirety.

IMPORTANT: The Season Guarantee is not an endorsement, guarantee, or promise of wagering profitability. Dinger Derby provides statistical data for informational purposes only. Any financial outcomes derived from the use of Dinger Derby data are entirely the result of the user's independent decisions and are not the responsibility of Dinger Derby except as expressly provided in these Guarantee Terms.

Section 1 — Definitions

For purposes of these Guarantee Terms, the following definitions apply in addition to those set forth in the Terms of Service:

• "Season" — The Dinger Derby tracked pick season for 2026, beginning on May 1, 2026 and concluding on September 27, 2026. The postseason, playoffs, spring training, and All-Star Game are not included.
• "Guarantee Period" — The period from May 1, 2026 through September 27, 2026, during which the subscriber holds an eligible All-Star Season Pass or Pro-Season Pass subscription. The Guarantee Period begins on May 1, 2026 regardless of subscription purchase date (provided the purchase deadline in Section 3.3 has been met) and concludes on September 27, 2026.
• "Eligible Package" — A Pro-Season Pass or All-Star Season Pass subscription to the Dinger Derby Platform, purchased no later than May 15, 2026 and active through the entirety of the Guarantee Period. Monthly, partial-season, or single-game subscription options are not eligible.
• "Platform Analytics" — The statistical models, data outputs, ratings, projections, trends, matchup analyses, and related informational content generated and published by Dinger Derby through the Platform during the Guarantee Period.
• "Tracked Pick" — A specific, clearly identified, Platform-generated statistical recommendation or rated play published on the Platform during the Guarantee Period that meets the Tracked Pick Criteria defined in Section 4.
• "Hypothetical Unit" — A standardized, uniform unit of equal value used solely for the purpose of calculating the Season Performance Record under the Guarantee. One Hypothetical Unit equals one (1) unit and is applied uniformly to every Tracked Pick regardless of any confidence tier, rating level, or other variable.
• "Season Performance Record" — The running cumulative total of Hypothetical Units won or lost across all Tracked Picks published during the Guarantee Period, calculated in accordance with Section 4.
• "Negative ROI Season" — A Guarantee Period in which the Season Performance Record results in a net total of zero (0.00) or fewer Hypothetical Units. A Season Performance Record of exactly 0.00 Hypothetical Units constitutes a Negative ROI Season and triggers the Season Guarantee.
• "Guarantee Claim" — A formal request submitted by an Eligible Subscriber for a refund under the Season Guarantee, submitted in accordance with the claim procedures in Section 6.
• "Eligible Subscriber" — A subscriber who meets all eligibility requirements set forth in Section 3 of these Guarantee Terms.
• "Refund Amount" — The amount refundable under the Season Guarantee as defined in Section 7.

Section 2 — The Season Guarantee

2.1 What We Promise

Dinger Derby guarantees that its tracked picks will achieve a net positive (greater than zero) unit return over the full Guarantee Period (May 1, 2026 through September 27, 2026). If, at the conclusion of the Guarantee Period, the Season Performance Record is zero (0.00) or negative — meaning a Negative ROI Season — Eligible Subscribers who submit a timely and valid Guarantee Claim will receive a refund of their subscription fee for that Season, subject to the terms, conditions, exclusions, and limitations set forth in these Guarantee Terms.

2.2 What the Guarantee Does Not Cover

The Season Guarantee is specifically and exclusively limited to the Season Performance Record of Dinger Derby's Platform Analytics. It does not cover, guarantee, or compensate for:

• Any actual wagering losses, gambling losses, or financial losses of any kind incurred by a subscriber;
• Any individual subscriber's personal results from applying, not applying, modifying, or combining Dinger Derby data with other information;
• Any losses attributable to a subscriber's failure to follow Platform Analytics as published;
• Any outcomes on picks, plays, or analyses not designated as Tracked Picks by Dinger Derby;
• Any postseason, playoff, spring training, exhibition, or All-Star Game analytics;
• Losses on individual games, weeks, months, or any period shorter than the full Season;
• Any lost business opportunities, indirect losses, or consequential damages of any kind.

Section 3 — Eligibility Requirements

To be eligible for the Season Guarantee, a subscriber must satisfy ALL of the following requirements:

3.1 Package Eligibility

The Season Guarantee is available exclusively for the following full-season subscription packages:

3.2 Active Subscription Requirement

The subscriber's Eligible Package must have been continuously active and in good standing for the entire Guarantee Period — from the first day of the MLB regular Season through the final day. Subscriptions that lapsed, were paused, were cancelled and reactivated, or were placed in a payment failure status for any period during the Season are not eligible.

3.3 Purchase Deadline

To be eligible for the Season Guarantee, the subscriber must have purchased their Eligible Package no later than May 15, 2026. Subscriptions purchased after this deadline are not eligible for the 2026 Season.

3.4 Account in Good Standing

The subscriber's account must be in good standing at all times during the Guarantee Period and at the time of the Guarantee Claim. Accounts that have been suspended or terminated for violation of the Terms of Service, attempted fraud, chargebacks, or other prohibited conduct are not eligible.

3.5 One Guarantee Per Subscriber Per Season

The Season Guarantee may be claimed a maximum of one (1) time per subscriber account per MLB regular Season. Creating multiple accounts to obtain multiple Season Guarantee refunds is a violation of the Terms of Service and will result in forfeiture of all Guarantee Claims and termination of all associated accounts.

3.6 No Prior Refund or Chargeback

Subscribers who have initiated a chargeback, payment dispute, or requested any other refund related to their Eligible Package subscription during the Guarantee Period are not eligible. A subscriber who initiates a chargeback or payment dispute after submitting a Guarantee Claim will forfeit the Guarantee Claim and may be subject to account suspension.

Section 4 — The Season Performance Record & Tracked Picks

4.1 Tracked Pick Criteria

Not all content published on the Platform constitutes a Tracked Pick. A Tracked Pick must meet ALL of the following criteria:

• It must be clearly designated as a "Tracked Pick" or "Season Guarantee Pick" on the Platform at the time of publication;
• It must be published on the Platform prior to the scheduled start time of the relevant game;
• It must reference a specific, identifiable outcome on a specific MLB regular season game;
• It must be expressed as a clear directional call (e.g., a specific side, total, or run line designation);
• It must be logged in Dinger Derby's official Tracked Pick record at the time of publication.

Content that does not meet all of the above criteria — including general trend analysis, educational content, historical statistics, game previews, player profiles, and non-designated data outputs — is not a Tracked Pick and is not included in the Season Performance Record.

4.2 Flat-Unit Calculation Methodology

The Season Performance Record is calculated using a flat-unit methodology as follows:

• Every Tracked Pick is assigned exactly one (1) Hypothetical Unit — no pick is weighted more or less than any other;
• A winning Tracked Pick result adds Hypothetical Units to the Season Performance Record;
• A losing Tracked Pick result subtracts -1.00 Hypothetical Unit from the Season Performance Record;
• A pushed, cancelled, postponed (not rescheduled within the Season), or otherwise voided Tracked Pick result is recorded as 0.00 Hypothetical Units;
• The Season Performance Record is the algebraic sum of all Tracked Pick outcomes from the first day of the Season through the final day.

4.3 Official Results Source

Dinger Derby will rely on the official game results as published by Major League Baseball (MLB) through its official scoring and statistics channels. In the event of a discrepancy between sources, MLB's official final score and statistics shall govern.

4.4 Game Postponements & Cancellations

If a game referenced in a Tracked Pick is postponed and rescheduled to a date within the MLB regular Season, the result of the rescheduled game will be used. If the game is not rescheduled within the regular Season, the Tracked Pick is recorded as void and counted as 0.00 Hypothetical Units. In the event of a shortened or interrupted Season due to extraordinary circumstances, see Section 10.

4.5 Publication of Season Performance Record

Dinger Derby will publish the Season Performance Record on the Platform on an ongoing basis throughout the Season. The final, official Season Performance Record will be published within fifteen (15) business days following September 27, 2026. This final record constitutes the definitive determination of whether a Negative ROI Season has occurred.

Section 5 — Determining a Negative ROI Season

5.1 Calculation

After September 27, 2026, Dinger Derby will sum all Tracked Pick outcomes using the flat-unit methodology in Section 4.2. If the result is zero (0.00) or a net negative number, the Season is declared a Negative ROI Season and the Season Guarantee refund process is triggered.

5.2 Official Announcement

Following the final day of the regular Season and the internal verification process, Dinger Derby will issue an official announcement through the Platform and via email to all Eligible Subscribers indicating: (a) the final Season Performance Record; (b) whether the Season is declared a Negative ROI Season; and (c) if applicable, the date by which Guarantee Claims must be submitted.

5.3 Internal Audit

Prior to publishing the final Season Performance Record, Dinger Derby will conduct an internal audit to verify the accuracy of the Tracked Pick log, confirm all game results against official MLB sources, and resolve any ambiguous or disputed pick outcomes. Dinger Derby's determination following this audit process is final and binding, subject to the dispute process in Section 9.

5.4 No Guarantee of a Negative ROI Season

Nothing in these Guarantee Terms shall be construed as a prediction, expectation, or promise that a Negative ROI Season will occur. The Season Guarantee is a contingent refund right that is triggered only if and when a Negative ROI Season is formally declared by Dinger Derby.

Section 6 — Guarantee Claim Process

6.1 Trigger Condition

The Guarantee Claim process is only available following an official Negative ROI Season declaration by Dinger Derby. If no Negative ROI Season is declared, no Guarantee Claims may be submitted.

6.2 Claim Submission Window

Following an official Negative ROI Season declaration, Eligible Subscribers must submit their Guarantee Claim within forty-five (45) calendar days of the date of the official announcement. Claims submitted after this deadline will not be accepted.

6.3 How to Submit a Claim

To submit a Guarantee Claim, an Eligible Subscriber must:

1. Go to your Dinger Derby account at dingerderby.io;
2. Navigate to Season Guarantee > Submit Claim and access the claim form at dingerderby.io/season-guarantee/submit-claim. The claim form will be available within 7 days of end of season, should Season Guarantee be eligible for the season;
3. Confirm your account information, including the email address associated with your subscription and your Eligible Package;
4. Submit the completed claim form within the 30-day claim submission window.

No supporting documentation, proof of wagering activity, or financial records of any kind are required or should be submitted. The claim is based solely on Dinger Derby's Season Performance Record, not on the subscriber's personal results.

6.4 Claim Verification

Upon receipt of a Guarantee Claim, Dinger Derby will verify:

• The subscriber held an Eligible Package that was active and in good standing for the entire Guarantee Period;
• The subscription was purchased by the applicable purchase deadline;
• The account is not subject to any disqualification under Section 3;
• The claim was submitted within the 30-day claim submission window;
• No prior refund, chargeback, or payment dispute has been initiated on the account.

Dinger Derby will process verified claims within thirty (30) business days of submission.

6.5 Fraudulent Claims

Any attempt to submit a fraudulent Guarantee Claim, manipulate eligibility requirements, or circumvent the claim process is a material violation of the Terms of Service. Dinger Derby reserves the right to deny any claim it reasonably believes to be fraudulent, suspend or terminate the associated account(s), and pursue any available legal remedies.

Section 7 — Refund Amount & Method

7.1 Refund Amount

If a Guarantee Claim is verified and approved, the Refund Amount is the full subscription fee paid by the subscriber for their Eligible Package, net of:

• Any promotional discounts, coupon codes, or credits applied at the time of purchase (refund is based on the amount actually paid);
• Any applicable payment processing fees that are non-recoverable by Dinger Derby;
• Any prior partial refunds issued on the account during the Season.

7.2 Refund Method

Approved refunds will be issued exclusively in the form of a gift card for the exact Refund Amount, delivered via Dinger Derby's gift card vendor, Tremendous (tremendous.com). No cash refund, credit card refund, or return to the original payment method will be made. It is the subscriber's responsibility to maintain an accurate registered email address.

7.3 Refund as Sole Remedy

The refund described in this Section constitutes the Eligible Subscriber's sole and exclusive remedy under the Season Guarantee. No additional compensation, damages, credits, or awards of any kind are available. The Season Guarantee does not create any right to compensation for actual wagering losses, financial losses, lost opportunity costs, or any other losses.

Section 8 — Exclusions & Limitations

8.1 Express Exclusions

The Season Guarantee does not apply and no refund will be issued in any of the following circumstances:

• The Season Performance Record is positive (greater than 0.00 Hypothetical Units);
• The subscriber does not hold an Eligible Package;
• The subscription was not purchased by the applicable purchase deadline;
• The subscription was not continuously active for the full Guarantee Period;
• The Guarantee Claim is not submitted within the claim window;
• The subscriber's account has been suspended or terminated;
• The subscriber has initiated a chargeback or payment dispute;
• The subscriber created multiple accounts to claim multiple refunds;
• The Season is shortened, suspended, or cancelled in a manner triggering the provisions of Section 10.

8.2 Relationship to Terms of Service Limitation of Liability

The Season Guarantee refund constitutes an exception to the general limitation of liability in Dinger Derby's Terms of Service solely to the extent of the Refund Amount. Nothing in these Guarantee Terms expands Dinger Derby's liability beyond the Refund Amount.

8.3 One Season Guarantee Per Season

The Season Guarantee applies on a per-Season basis. Each MLB regular Season is evaluated independently.

Section 9 — Disputes & Appeal Process

9.1 Informal Resolution

If a subscriber believes their Guarantee Claim has been incorrectly denied, they may submit a written appeal to guarantee@dingerderby.io within fifteen (15) calendar days of receiving the denial notice.

9.2 Binding Arbitration

Any dispute that cannot be resolved through the informal appeal process is subject to the binding arbitration and dispute resolution provisions of Dinger Derby's Terms of Service.

9.3 Finality of Season Performance Record

Dinger Derby's final, audited Season Performance Record is final and binding for purposes of the Season Guarantee, absent a demonstrable mathematical error or a documented failure to apply these Guarantee Terms in good faith.

Section 10 — Shortened, Suspended, or Cancelled Season

10.1 Force Majeure & Extraordinary Events

Neither Dinger Derby nor MLB shall be held liable for any failure or delay in performance arising out of events beyond their reasonable control, including but not limited to: acts of God; natural disasters; pandemic or public health emergency; war, terrorism, or civil unrest; labor disputes or work stoppages involving MLB; governmental action or regulation; failure of third-party infrastructure; or any other event that makes performance impossible, illegal, or commercially impracticable. In the event of such an event that materially disrupts the Guarantee Period, Dinger Derby reserves the right to modify, suspend, or void the Season Guarantee for the affected Season.

10.2 Minimum Game Threshold

The Season Guarantee applies only if both of the following minimum thresholds are met during the Guarantee Period: (a) a minimum of one thousand seven hundred (1,700) total MLB regular season games are played; and (b) Dinger Derby publishes a minimum of eighty percent (80%) of the stated minimum straight pick volume for the applicable Eligible Package. If a subscriber's applicable package threshold is not met, the Season Guarantee is void for that subscriber for that Season.

10.3 Notice of Modification or Void

If Dinger Derby determines the Season Guarantee must be modified or voided due to extraordinary circumstances, it will provide notice to all Eligible Subscribers via email and Platform announcement as soon as reasonably practicable.

Section 11 — Modifications to Season Guarantee Terms

Dinger Derby reserves the right to modify or discontinue the Season Guarantee program at any time, subject to the following:

• Modifications apply only to Seasons beginning after the date of the modification and will not affect subscribers who have already purchased an Eligible Package for the current Season;
• Dinger Derby will provide advance notice of material modifications via email before the start of the applicable Season;
• Discontinuation does not affect the rights of subscribers who have already purchased an Eligible Package for a Season in which the Guarantee was in effect.

Section 12 — General Provisions

• Entire Guarantee Agreement: These Guarantee Terms, together with the Terms of Service and Privacy Policy, constitute the entire agreement with respect to the Season Guarantee program.
• Governing Law: These Guarantee Terms are governed by the laws of the State of Georgia and applicable federal law, without regard to conflict of law provisions.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.
• No Waiver: Dinger Derby's failure to enforce any provision does not constitute a waiver of its right to enforce that provision in the future.
• Relationship to Terms of Service: These Guarantee Terms are a supplement to and incorporated into the Terms of Service. The arbitration clause, class action waiver, limitation of liability, and all other general provisions of the Terms of Service apply fully.

Section 13 — Contact Information

For questions about the Season Guarantee or to submit a Guarantee Claim:

• Guarantee Claims: dingerderby.io/season-guarantee/submit-claim
• Email: hello@dingerderby.io
• Website: dingerderby.io/season-guarantee