TRACFONE REWARDS PROGRAM - TERMS OF USE

Welcome to the Tracfone Rewards Program. The Terms of Use apply to your access to, and participation in, the Tracfone Rewards Program (“Program”) in the United States. Please read the Terms of Use (“Terms of Use”) carefully as they govern your participation in the Program and are a legally binding agreement (“Agreement”) between you and TracFone Wireless, Inc. (“TracFone”). Tracfone is a registered trademark of TracFone, a Verizon company.

THE TERMS OF USE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION, PLEASE SEE SECTION 11 BELOW.

Important Information Regarding the Program:

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. You further agree that TracFone may contact you via email or text at ANY TIME. TracFone reserves the right to modify the Program or the Terms of Use at any time and in its sole discretion. Any changes or modifications to the Program or the Terms of Use 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 change your communication preferences within your account; email us at VZValueOptOut@verizon.com or contact Tracfone Customer Care at 1-800-867-7183.

IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT PARTICIPATE IN THE PROGRAM.

1. PROGRAM OVERVIEW

About Tracfone Rewards - Rewards is one way in which Tracfone endeavors to reward and thank loyal customers for patronizing our business and purchasing our products.

By participating in the Program, Tracfone customers can earn and accumulate points (“Points”) and redeem them for rewards (“Rewards”), including wireless plans or airtime offered by Tracfone (“Service Plans”) and other special offers.

2. PROGRAM ELIGIBILITY

Joining the Program

To be eligible to enroll in the Program, you must be an active Tracfone customer and create a Rewards Account by providing us with your email address on our website. A Rewards Account may be linked to more than one Tracfone telephone number.

You can access the Program and manage your Points by creating an account at tracfone.com/rewards (“Rewards Account”).

Your participation in the Program is associated with an individual Tracfone account and not a particular device, therefore, if you have a Tracfone 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. Tracfone Rewards is open to Tracfone customers who are U.S. residents, are of legal age in their state of residence, and maintain a valid email address that 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

The Rewards that are available to you through the Program are based on the number of Points that you earn. 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.

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

• Enrolling and participating in the Program.
• Purchasing a Tracfone Service Plan (please note that Points associated with the purchase of a Service Plan are earned upon the redemption of the plan. Service Plan purchase Points are a one-time offer and may be redeemed only once).
• 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 Tracfone.
• Playing games (“Games”) offered by the Program; for example, Memory Game. No purchase is required for playing Games.
• Social Share X
• Social Share Facebook
• Anniversary Bonus
• Add-a-line
• Watch a Clip
• Promotional Bonuses

For complete details on how you can earn Points, please check online at tracfone.com/rewards and review the additional information provided to you by Tracfone regarding how Points can be earned.

Points earned will be posted to your Rewards Account periodically based on the manner in which the Points were earned. Your Rewards Account reflects the total number of Points earned, the total number of Points pending and the total number of Points that are available for your use.

4. USING POINTS

Points may be redeemed and used towards the purchase of a Reward (e.g., Service Plan, Device coupons, premium coupons, games, e-gift cards, special events, and other activities). Some redemption Rewards are limited time offers, which expire over a period of time.

Points may be used towards the purchase of a Tracfone Service Plan once eligible. The most current information on your eligibility and Points needed to purchase a Service Plan are available on the Reward’s Program website tracfone.com/rewards.

Once you have purchased a Service Plan by redeeming your Points, your Service Plan will be added to your reserve and the redeemed Points will be deducted from your Rewards Account balance.

Only eligible Service Plans may be redeemed with Points. 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 or credits that are earned outside of the Program. The amount of Points needed to redeem such Rewards is subject to change from time to time.

5. EXPIRATION/FORFEITURE OF POINTS

All Points you have earned will expire if your Tracfone 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 expiration of your Points.

Deletion of your Rewards Information

If you choose to delete your Rewards information with us, you WILL LOSE ALL YOUR POINTS BALANCE and will not be able to participate in the Program. Once deleted, the Points balance cannot be recovered and you will not be able to use any Points balance that you had before deletion. After submitting a deletion request, you may cancel the deletion request within 24 hours, by going to your Privacy account and choosing the Cancel button in your request history view.

After the 24-hour hold period, your request will be processed and information associated with your Rewards account will be deleted, including your Points balance, and you will no longer be participating in the Program.

Disenrolling from the Program

You may also call the Customer Care agents to disenroll from the Program. If you voluntarily disenroll from the Program, you will permanently forfeit your Points. We do not delete any of your personal information about you, if you disenroll from the Program.

6. OTHER IMPORTANT PROGRAM TERMS

• Membership in the Program is free.
• Points are not transferable to another Rewards Account.
• You must remain an active Tracfone customer to have access to the Program and any Points you accumulate (i.e., active Service plan that is not suspended or deactivated).
• 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 Program or any portion thereof at any time in its sole discretion. In the event the 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.

7. MEMBER SAVING REWARDS (PERKS)

As a member of the Program, you may have access to various Member Rewards perks (“Perks”), such as discounts and coupons, which are provided to you at no extra cost by our business partners. The Perks are offered as a courtesy to help you save and to improve your experience with Tracfone. The Perks are subject to change at any time and at TracFone’s sole discretion.

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

TracFone and its business partners reserve the right to review and investigate all Perks offer activities, and to suspend accounts or remove any other promotional benefits for suspected abuse, violation of terms, or fraud.

8. DISCLAIMER OF WARRANTIES

TRACFONE 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 ACKNOWLEDGE 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 TRACFONE FROM ANY AND ALL LIABILITY.

TRACFONE 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 TRACFONE’S SOLE DISCRETION. TRACFONE ASSUMES NO RESPONSIBILITY FOR THE PAYMENT OF OR CONTRIBUTION TO ANY USE OR SALES TAX ON THE BENEFITS YOU MAY RECEIVE UNDER THE PROGRAM WHICH MAY BE IMPOSED BY A TAXING AUTHORITY, AND ANY SUCH TAXES, TO THE EXTENT IMPOSED, SHALL REMAIN YOUR SOLE RESPONSIBILITY.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL TRACFONE 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.

10. INDEMNIFICATION

You agree to indemnify and hold harmless TracFone Wireless, Inc. and its parent, subsidiaries, affiliates, vendors, contractors, and 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.

11. DISPUTE RESOLUTION

Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care at 1-800-867-7183. Before taking any formal action, you agree to first contact us in writing 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 via email to VZValueNOD@verizon.com or by mail to TracFone Wireless, Inc., Attn: TracFone Legal Department, One Verizon Way, Basking Ridge, New Jersey 07920-1097

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 parent, 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 or electronic means. 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 REWARDS ACCOUNT. IN THE EVENT YOU ACTIVATE YOUR REWARDS ACCOUNT 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 OF THIS PROVISION BY CALLING US AT 1-800-867-7183 OR BY WRITING TO TRACFONE WIRELESS VIA EMAIL TO VZ VALUENOD@VERIZON.COM OR BY MAIL TO TRACFONE WIRELESS INC. ATTN. TRACFONE LEGAL DEPARTMENT ONE VERIZON WAY, BASKING RIDGE, NEW JERSEY 07920-1097. 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.

12. PRIVACY POLICY

You can view TracFone’s Privacy Policy and the California Privacy Notice .Our Privacy Policy is incorporated into the Terms of Use and also governs your participation in the Program. Please read the Privacy Policy carefully to understand how TracFone collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

13. CHOICE OF LAW

This Agreement shall be construed under the laws 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.

14. ENTIRE AGREEMENT

This Agreement and our Privacy Policy constitute the entire Agreement between you and TracFone Wireless, Inc. with respect to the Tracfone 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 the Terms of Use. 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.

Version dated: July, 2024