Terms & Conditions

XOOM Xtras (the “Program”) is made available to eligible to residential customers XOOM Energy’s family of companies (collectively, referred herein as “XOOM Energy”) to Play, Earn, Save and Win. These Terms and Conditions govern participation in the Program.

The Program can be accessed through your XOOM Energy account, but is managed by Augeo Affinity Marketing, Inc. ("Manager"). Manager is not an affiliate of XOOM Energy. Manager is responsible for the Program Website, content and platform, and for coordinating the goods and services offered as part of the Program, except as limited by these Terms and Conditions. Contact information for the Manager is available at www.xoomxtras.com (the “website” or the “Program website”).

Any information collected by XOOM Energy or the Manager based on participation in the Program is governed by the XOOM Energy Privacy Policy, available at http://xoomxtras.com/prelogin/privacy-prelogin.

1. PROGRAM OVERVIEW
   1. By registering for the Program, accessing the Program website, and/or using KOIYN, you agree to all applicable terms and conditions.
   
   
   2. Program Eligibility, Individual residential customers who meet the following eligibility requirements may register and participate in XOOM Xtras.: (i) a resident of the United States (excluding the U.S. territories of Guam, Puerto Rico and the Virgin Islands), (ii) a XOOM Energy customer with an account in Good Standing and is not enrolled in the “Pre-Pay” program and (iii) XOOM Energy customers who’s electricity, gas and/or renewable energy is actively being provided by XOOM Energy for a minimum of 45 days ("Eligible Participants"). (Eligible Participants are referred to herein as "you" or "Participants"). A Customer is in “Good Standing” if such customer is not in arrears by more than sixty (60) days after the date that such customer’s payment was due. Program enrollment is not available for “Pre-Pay” accounts and is restricted to one membership per XOOM Energy customer. For avoidance of doubt, a customer with more than one XOOM Energy account can only register in the Program once using only their legal residence.
   
   
   3. Program Description. The Program allows you to earn and redeem rewards (“KOIYN”) through a variety of actions, subject to the terms and conditions herein. KOIYN can be redeemed in a variety of ways, including bidding on auctions, entering sweepstakes, and redeeming for select goods & services.
   
   
   4. Important Program Terms:

   An account ("Program Account") will be set up to track your activity in the Program, including the amount of KOIYN you have accumulated. To activate your Program Account, you must register at www.xoomxtras.com
   
   If a Program Account shows signs of fraud or any misuse of the Program by the customer, the Manager has the right to terminate Program Account and Participants may lose any unused accumulated KOIYN.
   
   The Program Account is for the sole individual use of the XOOM Energy account holder. Sharing of accounts is considered fraudulent and will result in immediate termination. Koiyn and/or the redemption of Koiyn may not be shared.
   
   The Program is only available to Eligible Participants whose account with XOOM Energy is in Good Standing . Should Eligible Participants terminate a XOOM Energy account or no longer be in Good Standing with XOOM Energy, the Program account is subject to immediate cancellation and you will no longer be able to use accumulated KOIYN.
   
   KOIYN have no cash value and they may not be redeemed for cash nor may they be used as payment for XOOM Energy account. There is no surrender value for unused KOIYN, and Participants have no property rights or other legal interests in KOIYN. KOIYN may not be assigned, transferred and/or pledged to any third party. Effective March 1, 2018 KOIYN will expire 15 months from the date they were first earned. If Member does not redeem KOIYN within this time frame, Member forfeits all such KOIYN. Any KOIYN earned before December 31, 2017 will expire on 6/30/2018 KOIYN may only be used online at www.xoomxtras.com.
   
   Subject to program restrictions and availability, a Good Standing customer may use his or her KOIYN to bid on auctions, to enter sweepstakes, and redemption of select goods and services. When redeemed for select goods and services, you may use only the designated amount of KOIYN determined by the Manager for the offers you redeem. All Program offers are subject to availability and XOOM Energy reserves the right to cancel or change Program at any time without notice.
   
   This offer is void where prohibited by applicable federal, state or local laws and are subject to change to comply with such laws or regulations as necessary.
   
   The Program may be revised or terminated at any time at the sole discretion of Manager and/or XOOM Energy. In the event of Program termination, you will be given 90 days to redeem any accumulated KOIYN directly through the Manager. Once this period of time has expired, the Manager may not offer, and KOIYN cannot be applied to the terminated sweepstakes, auctions or daily deals. Further, in the event of Program termination, you will no longer continue to earn KOIYN.
   
   Any Koiyn that have not been redeemed for fifteen (15) months from the time such Koiyn were earned or awarded may be deemed expired and be removed from your Account. We may modify our Koiyn expiration rules and policies for any Koiyn from time to time, and if your Koiyn expire pursuant to such then-current rules or policies, we may remove such Koiyn from your Account, without any compensation or further obligation to you regarding the expired Koiyn.
   
   You agree and give your consent to allow the Manager to use or share your personal information with 3rd party vendors and/or benefit providers but only to facilitate your participation in the Program as necessary for fulfillment of services.

2. EARNING KOIYN
   You may earn KOIYN many ways. See http://xoomxtras.com/earn/how-it-works for complete details on how you can earn KOIYN.


3. USING KOIYN
   You may only redeem your KOIYN toward certain activities, merchandise and promotions available through the website if you are a current XOOM Energy customer in Good Standing.


4. AUCTIONS
   Participation in XOOM Xtras auctions is optional and at the Participant’s sole discretion and risk. The auctions component of the Program may be terminated without notice at any time. Auctions are subject to the terms and conditions below.
   1. Eligibility: You must be an Eligible Participant (in this section, sometimes referred to as “Bidder”) to participate in or win any auctions through the Program. Manager reserves the right to reject bids or exclude any Eligible Participant who violates any of the terms and conditions of the Program.
   2. Auction Rules:
      1. Bids involve KOIYN only, and the winning Bidder will be the person with the highest bid at the time the auction closes.
      2. By participating in Program auctions, Bidder agrees to abide by the Program terms and conditions. All general Program Terms and Conditions apply to Auctions.
      3. Bids may only be made in the increment(s) shown for each auction item (“Auction Item”). Bidders may not select their own bid amount. Manager, at its sole discretion, shall determine the increments for bids.
      4. Bidder must have sufficient KOIYN amount in Program Account to successfully place a bid. Once a bid is placed, Bidder cannot cancel the bid.
      5. By placing a bid, Bidder agrees that the KOIYN required will be deducted from Bidder’s account. Within a reasonable amount of time after the conclusion of an auction, and in the event another person places a higher winning bid, the KOIYN associated with Bidder’s unsuccessful bid will be returned to Bidder’s account, less 50 KOIYN. Manager is not responsible for delays in the return of KOIYN to Bidder’s account.
      6. The winning Bidder will be the Bidder who has successfully bid the largest amount of KOIYN at the time the auction closes. All winning bids are subject to confirmation and final review by Manager.
      7. If the winning Bidder fails to claim the Auction Item within 7 days, Manager reserves the right to cancel the order. If Manager cancels the order, the Bidder’s right to receive delivery of an item will be permanently revoked. If this occurs, the winning Bidder’s final KOIYN bid placed in that auction is non-refundable and will not be returned to Program Account.
      8. Bidder agrees that Manager has the right to publish the name, region address and photograph of winning Bidders. Such information may be used in a press release distributed to the media, or used in direct mail or internet promotions. In addition, Manager has the right to publish, where they choose, limited information regarding all Bidders showing the leading Bidder and similar information.
      9. Manager reserves the right to limit the number of auctions a user may participate in provided any restriction shall be disclosed prior to the commencement of an auction for which there are restrictions.
      10. Manager reserves the right to cancel or prohibit bids at any time, including at the conclusion of an auction, at Manager’s or XOOM’s sole discretion or if Manager suspects an improper bid or a violation of Program terms and conditions.
      11. XOOM Energy, Manager and their respective affiliates, officers, employees, contractors or agents shall not be responsible or liable in any way for (a) any failure of any Auction Item, the auction site, the ability to bid on any Auction Item, or any computer system, internet or internet service provider in any way, (b) any system overload, service interruption, system disruption or delay or other technical issue, or (c) the failure to receive Bidder’s bid in a timely fashion due to any reason. Bidder’s sole and exclusive remedy with respect to any claim whatsoever with respect to an auction, participation in any auction and/or any Auction Item shall be a refund of the amount of KOIYN used for the winning bid.
      12. In consideration of Bidder’s participation in auctions, Bidder agrees to release, indemnify and hold harmless Manager and its affiliates, officers, employees, contractors and agents with respect to all matters relating to Bidder’s participation in the auctions.
      13. Bidder is solely responsible for shipping and handling cost associated with item(s) won by Bidder.
      14. Applicable local, state or federal sales, use, income or other taxes with respect to any Auction Items won by Bidder shall be the sole responsibility of Bidder.
      15. VOID OUTSIDE OF THE UNITED STATES AND WHERE PROHIBITED BY LAW. The terms and conditions set forth herein shall be governed by the laws of the State of Minnesota. Bidder may be subject to the laws of the jurisdiction from which Bidder accesses the auction platform.


5. SWEEPSTAKES
   No purchase is necessary for participation in any XOOM Xtras sweepstakes. VOID WHERE PROHIBITED BY LAW. Sweepstakes are subject to Official Rules posted at www.xoomxtras.com/sweepstakes/rules


6. REDEMPTION
   1. Some participants, at the sole discretion of XOOM Energy, may be eligible to redeem KOIYN for gift cards, merchandise, savings club or other items through the Program website. Participant must have an adequate amount of accumulated KOIYN in Program Account to redeem for selected item.
   2. Gift cards/e-certificates are also subject to the merchants’ individual terms and conditions. Gift cards/e-certificates orders may not be cancelled or returned. Gift cards/e-certificates should be treated like cash; no refunds or replacements will be provided for lost or stolen gift cards/e-certificates.
   3. Merchandise is subject to the manufacturer’s warranties, terms & conditions. Merchandise orders may not be cancelled once shipped. If damaged on transit, members must contact Manager at 855.446.4474 or contactus@xoomxtras.com within 7 days of receipt to be eligible for a return authorization. Notwithstanding, neither XOOM Energy nor Manager shall be liable for delay or lost correspondences sent by a postal service or any other form of delivery including email


7. Program Discounts & Services
   1. Participants can access discounts and/or other benefits on various products and services offered by participating merchants through the XOOM Xtras website (“Benefits”). Some Benefits may not be available in all geographic areas. Additionally, the discounts available through the program may not be used in conjunction with any other discount program. All listed or quoted prices are current prices only and are subject to change without notice. Benefits and discounts are also subject to the individual terms and conditions of participating merchants.
   2. Manager makes no warranty, expressed or implied, about any goods and services purchased from a merchant.
   3. Manager reserves the right to suspend, modify or end the program or certain aspects thereof, without prior notice.


8. Consent to Electronic Communications
   Participant consents to receive communications from the Program electronically, either by e-mail or by notices posted on the Program website. Participant agrees that any requirement that a notice, disclosure, agreement, or other communication be sent in writing is satisfied by such electronic communication. Manager may send e-mails which include notices about the Program as well as information pertaining to the program and services, such as featured products/services or new offerings. It is the Participant’s responsibility to keep email address up to date.


9. SOCIAL MEDIA & SHARING
   As a Participant in the Program, the Participant agrees that XOOM Energy, the Manager and their respective affiliates have the right, at their sole discretion, to share, promote, post or otherwise publish on XOOM Energy social media sites the submissions, winners, testimonials, photos and any other information collected during Participants’ use of Program website, including but not limited to Participant’s First Name, Last Initial and Geographic area.


10. GENERAL LIMITATION OF LIABILITY
    1. XOOM Energy, the Manager, and their respective affiliates shall not be liable for errors or omissions by their employees or agents in interpreting or in carrying out the terms of this Program.
    2. XOOM Energy, the Manager and their respective affiliates, agents, assignees, and designees make no guarantees, warranties or representations of any kind, expressed or implied, with respect to the goods or services offered by any supplier or merchant and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose.
    3. XOOM ENERGY AND MANAGER IS NOT LIABLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY MERCHANT WHO PARTICIPATES IN THIS PROGRAM OR FOR ANY ERROR, OMMISSION OR INACCURACY IN ADVERTISING MATERIAL OR FOR ANY LIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM A PRODUCT OR SERVICE PROVIDED BY ANY MERCHANT OR OTHER THIRD PARTY IN CONNECTION WITH THIS PROGRAM.

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