STRAIGHT TALK REWARDS TERMS AND CONDITIONS

Welcome to the Straight Talk Rewards Program. Please read these Terms and Conditions (“Terms and Conditions”) carefully as they govern your participation in the Straight Talk Rewards Program (the “Program”) and are a legally binding agreement (“Agreement”) between you and TracFone Wireless, Inc. Straight Talk is a brand of TracFone Wireless, Inc. d/b/a Straight Talk.

THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRES THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION PLEASE SEE SECTION 10 BELOW.

By enrolling or participating in the Program, you agree that you have read, understood, and accepted this Agreement and our Privacy Policy. You also agree to receive all communications from Tracfone about this Program via e-mail and/or through text messages. Tracfone reserves the right to modify the Program or the Terms and Conditions at any time and in its sole discretion. Any changes or modifications to the Program or the Terms and Conditions are effective immediately once posted on the website and by participating in the Program you waive any right to receive specific or individual notice of such changes or modifications. As set forth in our Privacy Policy, we may share your contact information or other personal information you provide us with certain vendors and contractors acting on our behalf with respect to the Program.

For assistance, more information, or if you wish to opt-out from receiving communications from TracFone about the Program please contact Straight Talk Customer Care at (877) 430-2355 or email us at privacy@tracfone.com.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE PROGRAM.

1. PROGRAM OVERVIEW

By participating in the Program, Straight Talk customers can earn and redeem Points (“Points”) for rewards (“Rewards”), including, wireless plans or airtime cards offered by Straight Talk (“Service Plans”) and other special offers. All Rewards offered under the Program are subject to change at any time. You can access the Program and manage Your Points by creating an account at straighttalk.com/rewards (“Rewards Account”).

2. PROGRAM ELIGIBILITY

Participation in the Program and the benefits of the Program are offered at the sole discretion of Tracfone. To be eligible to enroll in the Program you must be an active Straight Talk customer and create a Rewards Account. A Rewards Account may be linked to more than one Straight Talk telephone numbers, however, only the holder of the Rewards Account is able to access the Rewards Account and redeem Points.

Straight Talk Rewards is open to Straight Talk customers who are U.S. residents, at least 13 years of age, and maintain a valid email address which is necessary for opening a Rewards Account. If you are between 13 and 18 years old, you agree that you have obtained permission from your parent or legal guardian to participate in the Program. Membership in the Program is not available to businesses, charities, organizations, groups, or any other similar entity. The Program is void where prohibited by applicable federal, state or local laws or regulations.

3. EARNING POINTS

As a member of the Program, you may earn Points in different ways. Activities that earn Points and the number of Points earned by a specific activity are subject to change from time to time at Tracfone’s sole discretion. Points earned will be posted to your Rewards Account and made available for use within varying amounts of time depending on how the Points were earned. Your Rewards Account will always reflect the total number of Points earned, the total number of Points pending which will be posted to your Account once all conditions are met, and the total number of Points available for use.

Some examples of activities which allow you to earn Points include the following:

· Enrolling and participating in the Program.

· Purchasing a Straight Talk Service Plan (please note that Points associated with the purchase of a Service Plan are earned upon the redemption of the plan. Service Plans may only be redeemed one time and will only provide you with points one time).

· Enrolling in Auto-Refill (please note that if you de-enroll and re-enroll in Auto-Refill you will not earn additional Points for each time you sign up).

· Referring friends and family to Straight Talk.

· Playing games (“Games”) offered by the Program.

For complete details on how you can earn Points please check online at straighttalk.com/rewards and review the additional information provided to you by Straight Talk regarding how Points can earned.

4. USING POINTS

Points may be redeemed and used towards the purchase of a Reward (e.g., Service Plan, premium coupons, games, special events, promo codes, and other activities). All Rewards and the amount of Points needed to redeem such Rewards are subject to change from time to time.

Points may be used towards the purchase of a Straight Talk Service Plan once you have accumulated the total amount of Points needed. Once you have successfully purchased a Service Plan using your Points, your Service Plan will be added to your reserve and the Points used to purchase the Service Plan will be deducted from your Rewards Account balance. Only eligible Service Plans may be redeemed with Points.

Points may also be used to purchase promo codes, redeemable exclusively on straighttalk.com for Straight Talk phones (“Promo Codes”). A redemption of Points for Promo Codes is final, not subject to a Points refund. Promo Codes expire sixty (60) days from acquisition. Tracfone is not responsible for lost or stolen Promo Codes.

The most current information on how many Points are needed to purchase a Service Plan can be found on the Reward’s Program website available at straighttalk.com/rewards.

Points may not be combined with or applied to other certificates, promotions, special offers, or special rate programs, including, but not limited to, upgrades credits, or any other Points you may have outside of the Program.

5. OTHER IMPORTANT PROGRAM TERMS

· Membership in the Program is free.

· Points are not transferable to another Rewards Account.

· You must remain an active Straight Talk customer to have access to the Program and any Points you accumulate.

· No purchase is necessary to play Games. The Points awarded for playing a Game may change from time to time at the Tracfone’s sole discretion.

· All Points you have earned will be forfeited if your Straight Talk Account is inactive for sixty (60) or more consecutive days. You may be eligible to keep your Points if you reactivate your Account within sixty (60) days following the forfeiture of your points.

· Your participation in the Rewards Program is associated with an individual Straight Talk account and not a particular device, therefore, if you have a Straight Talk Account and change or upgrade your device you will not lose and may continue to earn Points. If a device is removed from your Rewards Account, you may no longer earn points through any activity associated with that device.

· Points have no cash value and may not be redeemed for cash. There is no cash surrender value for unused points and you have no property rights or other legal interests in points.

· Your points are not a gift card, debit or credit card and they may not be assigned, transferred and/or pledged to any third party. Any sale or barter involving your points will void them completely.

· Your online Rewards Account will be maintained and monitored by Tracfone to record your activity in the Program, including the amount of Points you have accumulated. Tracfone has the right to monitor all Rewards Account activity. If your Rewards Account shows signs of fraud, abuse, or suspicious activity you may lose your Points and your Account may be suspended or terminated immediately.

· Tracfone reserves the right to modify, terminate or suspend the Rewards Program or any portion thereof at any time in its sole discretion. In the event the Rewards Program is terminated, you will be given a reasonable amount of time to redeem any accumulated Points provided that you will no longer be able to earn Points.

· If you voluntarily de-enroll from the Rewards Program, you will permanently forfeit your Points.

6. MEMBER SAVING PERKS

As a member of the Program, you may have access to various Rewards which are provided to you at no extra cost. Member Rewards are offered as courtesy to help you save and to improve your experience with Straight Talk. These Rewards are subject to change at any time and at Tracfone’s sole discretion.

Rewards have no cash value and they may not be redeemed for cash, in whole or part. There is no cash surrender value for unused rewards, and you have no property rights or other legal interests in Perks.

7. DISCLAIMER OF WARRANTIES

STRAIGHT TALK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PROGRAM OR ANY OF THE REWARDS PROVIDED TO YOU UNDER THE PROGRAM, INCLUDING, BUT NOT LIMITED TO ANY REWARD REDEEMED IN EXCHANGE FOR POINTS.

ALL REWARDS PROVIDED UNDER THE PROGRAM ARE OFFERED ON AN “AS IS” AND “WHERE IS” BASIS AND YOU AKNOWLEDGE AND AGREE THAT TRACFONE AND ITS SUBSIDIARIES, AFFILIATES, VENDORS, SUPPLIERS, AND LICENSORS WILL HAVE NO LIABILITY FOR ANY FAILURE, DEFECT, MALFUNCTION OR ERROR ASSOCIATED WITH ANY REWARD PROVIDED TO YOU FOR YOUR PARTICIPATION IN THE PROGRAM, INCLUDING, ANY PRODUCT OR SERVICE PROVIDED OR OFFERED BY A THIRD-PARTY VENDOR. IF YOU HAVE ANY CLAIM RELATING TO ANY REWARD PROVIDED BY A THIRD-PARTY VENDOR, YOU AGREE THAT THAT YOU WILL MAKE YOUR CLAIM AGAINST SUCH VENDOR AND RELEASE STRAIGHT TALK FROM ANY AND ALL LIABILITY.

STRAIGHT TALK RESERVES THE RIGHT TO ELIMINATE, ADD, CHANGE, OR SUBSTITUTE ANY OF THE (1) REWARDS OFFERED TO CUSTOMERS PARTICIPATING IN THE PROGRAM AND (2) PARTICIPATING VENDORS, IN EACH CASE WITHOUT NOTICE TO YOU AND IN STRAIGHT TALK’S SOLE DISCRETION. STRAIGHT TALK ASSUMES NO RESPONSIBILITY FOR THE PAYMENT OF OR CONTRIBUTION TO ANY USE OR SALES TAX ON THE BENEFITS YOU MAY RECEIVE UNDER THE REWARDS PROGRAM WHICH MAY BE IMPOSED BY A TAXING AUTHORITY, AND ANY SUCH TAXES, TO THE EXTENT IMPOSED, SHALL REMAIN YOUR SOLE RESPONSIBILITY.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL STRAIGHT TALK OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, THE PROGRAM WEBSITE, THE REWARDS OFFERED UNDER THE PROGRAM, ANY PROGRAM MATERIALS, ANY INFORMATION, QUALIFICATION OR RECOMMENDATIONS APPEARING ON THE PROGRAM WEBSITE, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON ANY PROGRAM WEBSITE, AND/OR ANY LINK PROVIDED ON ANY PROGRAM WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. INDEMNIFICATION

You agree to indemnify and hold harmless TracFone Wireless, Inc., d/b/a Straight Talk and its subsidiaries, affiliates, vendors, contractors, or licensors from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties including the costs, expenses, and attorneys’ fees on account thereof resulting from your participation in the Program.

10. DISPUTE RESOLUTION

Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care at (877) 430-2355. Before taking any formal action, You agree to first contact us and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within thirty (30) days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this provision. Please forward your dispute to TracFone Wireless, Inc., Attn: Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, FL 33178.

BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF TRACFONE’S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND TRACFONE FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.

This provision is intended to encompass all disputes or claims arising out of your relationship with Tracfone and arising out of or relating to the Program (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to you and Tracfone include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns.

All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to Tracfone by contacting our Legal Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA at (800) 778-7879, or by contacting TracFone’s Legal Department as set out above. You and TracFone agree that participation in the Program evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.

You and Tracfone agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and Tracfone agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.

Unless you and Tracfone agree otherwise and in an effort to reduce the burden of arbitration on you, the location of any arbitration shall be in the county of your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Miami, Florida, unless you and Tracfone agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which you, the customer, reside to the dispute.

If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you and Tracfone waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) your right to serve in a representative capacity in any class or consolidated basis. Neither You nor Tracfone shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.

In the event that any claim proceeds in a court of law rather than through arbitration, you and Tracfone agree that there will not be a jury trial. You and Tracfone unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and Tracfone further agree that in the event of litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury.

YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH TRACFONE AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OUT OF THIS PROVISION BY CALLING US AT (877) 430-2355 OR BY WRITING TO TRACFONE WIRELESS, INC., ATTN: LEGAL DEPARMENT-CONSUMER CLAIMS, 9700 NW 112 AVENUE, MIAMI, FL 33178. ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION.

11. PRIVACY POLICY

To view Tracfone’s Privacy Policy, please click here.

12. CHOICE OF LAW

This Agreement shall be construed under the laws of the law of the State in which you reside without regard to its choice of law rules, except for the arbitration provision contained herein, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Florida.

13. ENTIRE AGREEMENT

This Agreement and our Privacy Policy constitute the entire Agreement between you and TracFone Wireless, Inc. with respect to the Straight Talk Rewards Program. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms and Conditions. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

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