EarthLink Standard Gift With Purchase Offer Terms & Conditions

Effective Date: October 1, 2021

VALID ONLY WHILE SUPPLIES LAST. From time to time, EarthLink LLC (“Sponsor”) offers eligible participants the opportunity to claim a gift or gifts after making a Qualifying Purchase and submitting an Offer Claim Form to the address indicated below (“Promotional Offer”). Eligible participants may participate in such Promotional Offers by making a Qualifying Purchase through eartlink.net (the “Website”) or by calling 8663230319. The specific details and additional terms for each individual Promotional Offer are set forth on the Website. By participating, you hereby agree to these terms and conditions (“Gift Terms”), as well as EarthLink’s policies located at www.earthlink.net/tcs (collectively, the “Terms and Conditions”). If you do not agree to these Terms and Conditions do not participate in the Promotional Offer.

Sponsor reserves the right to modify, change, or add to these Terms and Conditions at any time without prior notice. You agree that your participation in a Promotional Offer after Sponsor has updated the Terms and Conditions constitutes your agreement to the updated Terms and Conditions. You should, therefore, review these Terms and Conditions before participating in any Promotional Offer. The updated Terms and Conditions will be effective as of the time of posting or as of such later date as may be specified in the updated Terms and Conditions.

SPONSOR RESERVES THE RIGHT TO TERMINATE ANY PROMOTIONAL OFFER AT ANY TIME IN ITS SOLE AND ABSOLUTE DISCRETION WITH OR WITHOUT NOTICE.

ELIGIBILITY: EarthLink Promotional Offers are only valid in the United States and are open only to legal residents currently residing in the fifty (50) United States and the District of Columbia who are at least 18 years old or the age of majority, whichever is older as of the date of entry. Void where prohibited by law and outside the United States. Employees, officers, and directors of Sponsor and Trencent (“Administrator”), or any of their respective parents, affiliates, subsidiaries, representatives, consultants, legal counsel, advertising, public relations, promotional, fulfillment, marketing agencies, and their immediate families (spouses, parents, siblings, and children, regardless of where they live) are not eligible to participate in a Promotional Offer. Participation constitutes a participant’s full and unconditional agreement to these Terms and Conditions and to Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to a Promotional Offer. It is the participant’s duty to comply with any additional rules presented for a particular Promotional Offer.

PARTICIPATION: You may participate in a Promotional Offer by making a Qualifying Purchase from EarthLink. A Qualifying Purchase can only be used to participate in one (1) Promotional Offer. Each Promotional Offer will have a defined “Purchase Period” during which a Qualifying Purchase must be made and a defined “Redemption Period” during which the Offer Claim Form must be submitted. Any attempt by a participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, or any other methods will void that participant’s participation and that participant may be disqualified from the Promotional Offer at Sponsor’s discretion. For more information about a particular Promotional Offer, including Qualifying Purchase requirements, and the Purchase Period and Redemption Period dates, please see the specific Promotional Offer terms located at earthlink.net/tcs/promotions/gift-card. An Offer Claim Form or Qualifying Purchase that contains a purchase date outside of the Purchase Period or Offer Claim Forms that are inaccurate or contain incomplete or illegible information will be rejected. Offer Claim Forms with invalid or undeliverable mailing addresses will also be denied. All participants and Offer Claim Forms are subject to verification prior to any Gift being awarded.

PRIOR TO SUBMITTING AN OFFER CLAIM FORM, SPONSOR RECOMMENDS THAT YOU PRINT AND MAINTAIN A COPY OF ALL MATERIALS SUBMITTED.

GIFT DETAILS: Upon verification by Sponsor and/or Administrator, a participant will be sent his/her Gift within the estimated Promotional Offer fulfillment timing, as stated in the specific Promotional Offer Terms for each Promotional Offer. Gifts are available for a limited time, while supplies remain available, on a first-come, first-served basis. There is a limit of one (1) Gift per Qualifying Purchase, while supplies remain available. No Gift substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Gift in case of unavailability of a Gift for any reason, including a force majeure event. Gifts will not be replaced or replenished if they are lost, stolen, damaged, destroyed, or used without your permission and will be voided if altered or defaced.

You are solely responsible for payment of any and all applicable federal, state, and local taxes for any Gift received. All other costs and expenses not expressly set forth herein shall be solely your responsibility. Gifts will only be sent to valid mailing addresses; no P.O. boxes.

GENERAL CONDITIONS: EarthLink Promotional Offers are governed by the laws of the United States. Participants waive any right to claim ambiguity in these Terms and Conditions. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotional Offer; to be acting in violation of these Terms and Conditions; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Promotional Offer. In the event of any conflict with these Terms and Conditions, as set forth herein, and any specific Promotional Offer terms or materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotional media), the details of the Promotional Offer in these Terms and Conditions shall prevail. The invalidity or unenforceability of any provision of these Terms and Conditions or any other Promotional Offer related terms will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision and such provision shall remain in full force and effect.

LIMITATION OF LIABILITY: Officers, directors, agents and employees of the Sponsor, Administrator, and each of their respective parent companies, subsidiaries, franchisees, affiliated entities, and each of their respective advertising, promotion and web design agencies, independent contractors (all such individuals and entities collectively referred to herein as “Offer Entities”) are not responsible for: (i) interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected registrations or orders, or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in a Promotional Offer; (ii) illegible, unintelligible, postage due, misdirected, delayed, undelivered, damaged, late Offer Claim Forms, Gifts, or incorrect or inaccurate registration or order information, whether caused by Internet users or programming associated with or utilized in the Promotional Offer or by any technical or human errors that may occur in the administration of the Offer; or (iii) for any typographical errors in any Promotional Offer-related materials. All registrations and all elements thereof will become the property of Sponsor and will not be acknowledged or returned. If in the judgment of Sponsor, the Promotional Offer is compromised by viruses, bugs, non-authorized human intervention or other causes, which in Sponsor’s judgment, may corrupt the administration, security, or fairness of the Promotional Offer, Sponsor reserves the right, in its sole discretion to discontinue, suspend or terminate the Promotional Offer. THE OFFER ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NO LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT REGARDING THE PROMOTIONAL OFFER. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.  CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

RELEASE: Participant hereby agrees to hold Offer Entities harmless from all liability for any costs, claims, damages, or any other injury (whether due to negligence or otherwise), disability or loss to any person or property (including, without limitation, death or violation of any personal rights such as right of publicity/privacy, libel or slander) due in whole or in part, directly or indirectly, to participation in the Promotional Offer, the delivery and/or subsequent acceptance of, use or misuse of any Gift, or any Promotional Offer-related activity. Offer Entities are not responsible for any loss (financial or otherwise), liability, injury (including death), or death to persons or property, which may be caused directly or indirectly, in whole or in part, by the activation of, use or misuse of any Promotional Offer-related product or Gift. Offer Entities further assume no liability either for the cancellation, modification, or premature conclusion of a Promotional Offer for any reason, including, but not limited to, through the acts or defaults of any company or person providing any Promotional Offer or due to weather, fire, strike, acts of war or terrorism, or any other condition beyond its control.

DISPUTES: Any dispute, claim, disagreement, or controversy arising out of, connected with, or relating in any way to a Promotional Offer (a “Dispute”) shall be resolved by final and binding arbitration conducted in Atlanta, Georgia in accordance with the procedures described herein.  Except for an action to enforce the provisions of an arbitration award or an action for injunctive or other interim relief, neither Party shall file or commence any legal action with any court to resolve a Dispute.  The arbitration shall be administered by Henning Mediation & Arbitration Service, Inc. (the “Conflict Administrator”) in Atlanta, Georgia, in accordance with its procedures.  The arbitration proceedings shall be conducted by a single arbitrator, who shall be selected from the Conflict Administrator’s panel of neutrals in accordance with the Conflict Administrator’s rules.  The Parties shall cooperate with the Conflict Administrator and with each other in selecting the arbitrator.  Any Party may initiate arbitration by filing a written demand for arbitration with the Conflict Administrator.  The award of the arbitrator shall be final and binding on all Parties.  Judgment on any arbitration award may be entered in any court having jurisdiction thereof.  The arbitrator shall not issue a reasoned award unless all Parties request such an award in writing.  The arbitrator shall, in the award, allocate all or part of the costs, fees, and expenses of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing Party, to the non-prevailing Party.  All Parties understand that the arbitration provision set forth above constitutes a waiver of a Party’s right to a jury trial and constitutes the sole and exclusive method of resolving all Disputes.

The Parties acknowledge and agree that either one or both, as well as their representatives, legal counsel, agents, witnesses or other participants, may elect to attend the arbitration and any meetings, hearings or other similar gatherings required thereby, remotely by video conference and the physical presence of such individuals shall not be required.

PRIVACY: Information collected from participants is subject to Sponsor’s Privacy Policy, which can be found at earthlink.net/privacy-policy. Sponsor and its agents, affiliates, subsidiaries, representatives or service providers may use participants’ personal information submitted with entry for purpose of Gift fulfillment and/or future marketing by Sponsor, such as to notify participant of a product or promotion that Sponsor thinks may be of interest, unless prohibited by law.

SPONSOR: EarthLink LLC, 980 Hammond Drive NE, Suite 400, Atlanta, Georgia 30328.

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