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TERMS AND CONDITI0NS

ENERGYEARTH REWARD

Below are the EnergyEarth Reward ("Reward") terms and conditions ("Terms"). Please read them carefully and retain them for your records. By redeeming the Reward, you ("You" or "User") agree to abide by the Terms. The Terms are subject to change without notice and supersede any and all previous terms and conditions.

Please note your Reward expires and may be subject to certain fees. See Reward Fees/Expiration below for further details.

Promotional Reward Program. Rewards are issued by EnergyEarth and distributed exclusively to businesses in connection with a loyalty, award or promotional program (such as customer acquisition and retention, rewarding employees, and/or customer loyalty). Rewards are not sold to individual consumers. The value of each Reward is shown on the face of the Reward. You acknowledge that the Reward was given to You as a reward and that no consideration, value or money has been paid by You in exchange for the Reward.

Redemption Method. Rewards are not legal tender, have no cash value, and are not redeemable for cash unless required by applicable law. Rewards do not create nor infer, express or implied, a contractual relationship, an agreement, or an offer for a contract or agreement. Rewards can only be exchanged for those redemption options ("Redemption Options") listed on the website address stated on the face of the Reward. Users may apply Rewards toward a Redemption Option, or combination of multiple Redemption Options, of greater value than the face value of a Reward by either combining multiple Rewards or by using a separate form of payment (e.g., debit card, credit card) to complete the redemption checkout process. Rewards are not refundable or reusable once redeemed and cannot be combined with any other discount or promotion. Rewards are one-time use only. Any remaining balance at time of checkout will be forfeited (subject to applicable law). Rewards are issued solely for loyalty, award or promotional purposes.

Redemption Process. Rewards are only redeemable through EnergyEarth marketing services for EnergyEarth Redemption Options. Reward redemptions will be processed within five (5) business days. Most redemption selections will be delivered within 10-14 business days. If you have not received your selection after 14 business days, please contact customer service. Live agent customer service is available Monday through Friday between 9:00 a.m. and 5:00 p.m. (Eastern Time).

Redemption Options. Redemption Options may include energy saving products, stored value cards, or other options which may be arranged through third party merchants from time to time. If a Reward is redeemed for a stored value card, there may be an additional charge assessed. Redemption Options may be subject to additional specified terms and conditions as required by third party merchants. You should become familiar with all terms and conditions that apply to each Redemption Option. If you have questions concerning any additional terms of a Redemption Option, please contact customer service prior to redemption. Redemption Options are subject to change and are only available while supplies last. If a Redemption Option is discontinued, reasonable efforts will be made to offer a substitute of equivalent or better quality. EnergyEarth is not liable in any way for any services or goods You receive from a third party merchant, including without limitation, any defective goods or services, the failure of the merchant to honor the Redemption Option or the bankruptcy or other liquidation of the merchant.

Reward Fees/Expiration. EnergyEarth is not responsible or liable for, and is under no obligation to re-issue a Reward that is lost, damaged or stolen, unless required by applicable law. Re-issuance will be subject to terms and conditions established by EnergyEarth and will occur only upon deduction of a $2.50 replacement fee from the current value of the Reward. Certain Redemption Options (e.g. prepaid cards) may be assessed an additional processing fee which will be clearly stated on the website prior to checkout. Each Reward expires on the expiration date stated on the front of the Reward, and any remaining value associated with the Reward is forfeited on the expiration date.

Disclaimers and Exclusions. EnergyEarth does not represent or warrant the accuracy, reliability, quality or content of any information, service or merchandise provided by the EnergyEarth service, or that the website, the EnergyEarth service or its use will be uninterrupted or free of inaccuracies or errors. EnergyEarth makes no warranties other than those made expressly in these Terms, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. EnergyEarth will not be liable to You or any third party for any consequential, incidental, indirect, punitive or special damages arising out of, relating to or connected with the use of the EnergyEarth service and/or the website, based on any cause of action, even if advised of the possibility of such damages.

Miscellaneous. You agree to defend, indemnify and hold harmless EnergyEarth, its affiliates, successors and assigns, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the website and/or the EnergyEarth service. EnergyEarth may assign the Terms to a third party at any time without notice to You. The Terms are not assignable or transferable by You without the prior written consent of EnergyEarth. The Terms supersede all prior terms and conditions. No failure or delay by a party in exercising any right, power or privilege under the Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other, or further exercise thereof or the exercise of any other such right, power, or privilege.

Governing Law. The Terms will be governed by the laws of the State of Tennessee, without regard to conflict of law principles. Whenever possible, each provision shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision is held to be invalid, illegal or unenforceable under any applicable law or rule, the validity, legality and enforceability of the other provisions herein will not be affected or impaired thereby. The Terms, or any portion thereof, shall be subject to applicable law and void where prohibited by law.