Promotions Terms and Conditions

After the promotional period, regular rates apply. All pricing assumes an autopay discount of $5/month. Limited time offer subject to change without notice. Offer available to new residential customers only. No contract or installation fees. Virtual card is issued by Pathward®, N.A., Member FDIC, pursuant to license by Mastercard International Incorporated. Mastercard and the circles design are registered trademarks of Mastercard International Incorporated. No cash access or recurring payments. Can be used where Debit Mastercard is accepted online, for phone/mail orders, or in stores that accept mobile wallet. Valid for up to 6 months. Terms and conditions apply See pricing page or call for more details. To redeem the Prepaid Mastercard offer, the customer must pay for 2 full months of qualified service(s). After 2 full months of payments, a link will be emailed to the account holder to claim the Prepaid Mastercard. Please allow for up to 10 business days for gift card processing. The Prepaid Mastercard will be emailed, which may take several weeks after the requested submission. One Prepaid Mastercard offer per household. Card redemption code must be used within a valid timeframe of 60 days when it was assigned to the record/emailed to the customer.

Offer Eligibility: New Mercury customers who sign up for Enhanced or Enhanced+ internet plans are eligible to receive six (6) months of our offered streaming service depending on the package purchased. The streaming service offer is tied to the service location registered with Mercury and cannot be transferred to another address. Redemption Process: So long as the account remains in good standing, customers will receive an email from MyBundle (mercury@mybundle.com) within two weeks of installation with instructions on how to redeem.. Customers must complete the redemption within 90 days of receiving the email, or the offer will expire. Streaming Choice Card Issuance: The Streaming Choice Card will be provided as a monthly virtual card that can be used toward streaming services, including new or existing subscriptions. Usage Guidelines: The Streaming Choice Card must be used within 6 months of issuance, or any remaining balance will be forfeited. Service Changes: If a customer cancels internet service, downgrades their plan, or their account is not in good standing before the bonus card is issued, they will forfeit eligibility for the offer.If a customer’s account is suspended for non-payment for more than ten (10) consecutive days, or if the account is cancelled for any reason, the streaming service promotional offer will be terminated immediately. Additional Terms: This offer is non-transferable, has no cash value, and cannot be combined with other promotions unless explicitly stated. Mercury and MyBundle reserve the right to modify or terminate this promotion at any time. Misuse or abuse of the offer may result in immediate termination and forfeiture of any remaining value. By participating in this promotion, customers agree to these terms and conditions.

1. GENERAL

1.1. Mercury Broadband, LLC, (“Mercury”), a company registered in Kansas with its principal place of business at 3400 SW Van Buren Street, Topeka, Kansas 66611, is providing these Terms and Conditions that govern all promotional offerings (“Promotion”) from Mercury.
1.2. By participating in Mercury’s Offers, entrants (“You” and “Your”) agree to be bound by these Terms and Conditions, Mercury’s Terms of Use Agreement found here, and the decisions of Mercury, which are final and binding in all respects.

2. ADDENDUM
2.1. In addition to these Terms and Conditions, please refer to the respective Addendum for
additional information about the Promotion.

3. ELIGIBILITY
3.1. The Promotion is open to legal residents of Indiana, Kansas, Michigan, Missouri, and Ohio who are at least eighteen (18) years of age or older at the time of entry.
3.2. Employees of Mercury, its affiliates, subsidiaries, advertising and promotion agencies, and their immediate family members are not eligible to participate.
3.3. The Promotion is subject to all applicable federal, state, and local laws and regulations and are void where prohibited by law.
3.4. THESE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AND
REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
3.5. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS (OR ANY PORTION OF THESE TERMS AND CONDITIONS) INCLUDING THE MANDATORY
ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU ARE NOT ELIGIBLE TO ENTER THE PROMOTION.
3.6. Mercury reserves the right to verify eligibility of all entrants.

4. PROMOTION PERIOD
4.1. Please refer to the respective Addendum for details on the Promotion Period.

5. ENTRY REQUIREMENTS
5.1. No purchase is necessary to enter the Promotion.
5.2. Purchasing services from Mercury does not increase the odds of winning.
5.3. Please refer to the respective Addendum for details on how to enter the Promotion.
5.4. Limit one (1) entry per person. Multiple entries from the same person will be
disqualified.

6. PROMOTION DETAILS
6.1. Please refer to the respective Addendum for additional Promotion details.
6.2. All taxes and other expenses, costs, or fees associated with the acceptance and/or use
of the Promotion are the sole responsibility of the winner.
6.3. The Promotion is non-transferable, and no substitution or cash equivalent is permitted.

7. WINNER SELECTION
7.1. Please refer to the respective Addendum for details regarding the winner selection.

8. JOINT PROMOTIONS WITH THIRD PARTIES
8.1. From time to time, Mercury may offer a Promotion with one or more of our third-party
partners. In such cases, additional terms and conditions, eligibility requirements, privacy
practices, and details established by our partner may apply. Entrants are responsible for reviewing and complying with any applicable partner terms.

9. LEGAL DISCLAIMERS
9.1. By participating in the Promotion, entrants agree to defend, indemnify and hold
harmless Mercury, its affiliates and their licensors, service providers, shareholders,
employees, contractors, suppliers, agents, officers, directors, successors and assignees
from and against any claims, liabilities, damages, judgments, awards, losses, costs,
expenses or fees (including reasonable attorneys' fees) arising out of or relating to
entrants’ violation of these Terms of Conditions and Promotion.
9.2. Mercury reserves the right to cancel, suspend, or modify the Promotion if any fraud,
technical failures, or any other factor beyond Mercury's reasonable control impairs the
integrity or proper functioning of the Promotion, as determined by Mercury in its sole
discretion.
9.3. Entrants agree that the laws of the United States and the laws of the State of Kansas
govern these Terms of Conditions and any claim or dispute you may bring against
Mercury. You also agree that any arbitration arising from these Terms of Conditions will
be held in accordance with the Federal Arbitration Act.
9.4. By participating in the Promotion, you agree that the laws of the United States and the
laws of the State of Kansas govern these Terms and Conditions and any claim or
dispute you may bring against Mercury. You also agree that any arbitration arising from
these Terms and Conditions will be held in accordance with the Federal Arbitration Act.
9.5. Subject to the Dispute Resolution procedure stated below, any legal suit, arbitration,
action or proceeding arising out of, or related to, these Terms of Conditions shall be
instituted exclusively in the federal courts of the United States or the courts of the State
of Kansas or before Kansas arbitrators in each case located in the County of Shawnee
County.
9.6. Arbitration and Dispute Resolution
9.6.1. By participating in this Promotion, you agree to try to settle any dispute with
Mercury arising from or related to your participation in the Promotion by sending a
letter describing the basis for the dispute and allowing Mercury at least 30 days to
respond after Mercury will have received your letter. If you want to send such a
letter to the Mercury, send it to [EMAIL]. Mercury will respond to you at the address
Mercury has on file for you.
9.6.2. The parties will cooperate and attempt in good faith to resolve any dispute or
claim arising out of or relating to this arbitration agreement or the construction,
interpretation, performance, breach, termination, enforceability, or validity thereof,
or arising out of or relating to your participation in the Promotion.

FP 60235888.1

9.6.3. You and Mercury agree to attempt to resolve the dispute under the terms
described in the preceding paragraph before you or Mercury will commence any
litigation or file a claim against the other party.
9.6.4. By participating in the Promotion, you unconditionally agree that any dispute
which cannot otherwise be resolved as provided above after the parties have
negotiated the resolution of the dispute for at least fifteen (15) business days will be
decided entirely by binding arbitration on an individual basis, which means you
and Mercury waive the right for a judge or jury to decide such claims and
means that you may not proceed in a class, collective, or consolidated
capacity. Your rights and Mercury’s rights during the arbitration process may be
more limited than the rights you or Mercury would have in civil trial or appellate
courts. The Federal Arbitration Act and federal arbitration law apply to this
arbitration agreement.
9.6.5. At the beginning of any arbitration process under this arbitration agreement, you
and Mercury will need to select an arbitrator by mutual agreement. The arbitrator
shall be a retired federal judge or judge of the state court of general jurisdiction, or
another qualified and impartial person that you and Mercury decide upon. In the
event you and Mercury cannot agree on the selection of an arbitrator, Mercury will
select an alternative dispute resolution provider and request from that provider a list
of an odd number of potential arbitrators. From that list you and Mercury will
alternatively strike arbitrators, with Mercury going first, until one arbitrator is left.
That arbitrator shall be the arbitrator who will hear the case. If you and Mercury
cannot agree on an alternative dispute resolution provider, an arbitrator will be
appointed according to law. Payment of all filing, administration and arbitrator fees
will be governed by the selected arbitrator’s or alternative dispute resolution
provider’s applicable rules.
9.6.6. The arbitrator shall have the same authority as a state or federal court would
have to issue subpoenas to third parties for production of documents and for
depositions, in addition to subpoenas to appear at any arbitration hearing. In any
arbitration proceeding under this arbitration agreement, all rules of pleading under
the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and all rights
to resolution of the dispute by means of motions for summary judgment, judgment
on the pleadings shall apply and be observed, unless you and Mercury agree
otherwise. The arbitrator shall have the immunity of a judicial officer from civil
liability when acting in the capacity of an arbitrator, which immunity supplements
any other existing immunity. Likewise, all communications during or in connection
with the arbitration proceedings shall be privileged. The arbitrator’s award(s) shall
include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be
based solely upon the law governing the claims and defenses pleaded, and the
arbitrator may not invoke any basis (including but not limited to, notions of “just
cause”) other than such controlling law.
9.6.7. You and Mercury each agree to bring any dispute in arbitration on an individual
basis only, and not on a class, consolidated, representative or collective action
basis. This arbitration agreement shall not be construed to allow or permit the
consolidation or joinder of claims of other claimants, or to permit such claims to
proceed as a class, representative, or collective action. If for any reason a claim
proceeds in court rather than in arbitration, we each waive any right to a jury trial

FP 60235888.1

or to participate in a class action against the other. No arbitrator shall have the
authority under this arbitration agreement to order any such class or collective
action. Any dispute regarding the validity, scope, or enforceability of this arbitration
agreement, or concerning the arbitrability of a particular claim, shall be resolved by
a court, not by the arbitrator. You agree to waive any substantive or procedural
rights that you may have to bring or participate in an action brought on a class or
collective basis.
9.6.8. The arbitral award will be final and binding. The parties waive any right to appeal
the arbitral award, to the extent a right to appeal may be lawfully waived.
9.6.9. Each party will bear its own fees, costs and expenses of the arbitration, and its
own legal expenses, attorneys’ fees, and costs of all experts and witnesses,
provided, however, that the arbitrator may award arbitration costs, including legal,
auditing, and other fees to the prevailing party in the arbitration proceeding if the
party prevails on a claim based on a statute or contract that provides for award of
such attorneys’ fees and costs to the prevailing party. The Parties agree to use any
mass arbitration rules and fee schedule of the selected arbitration forum, if
available and if applicable, including if such rules or fee schedule become
applicable after the commencement of arbitration.
9.6.10. Each party retains the right to seek judicial assistance: (a) to compel arbitration;
(b) to obtain interim measures of protection prior to or pending arbitration; (c) to
seek injunctive relief in the courts of any jurisdiction as may be necessary and
appropriate to protect the unauthorized disclosure of its proprietary or confidential
information or to enjoin infringement or other misuse of intellectual property rights;
or (d) to enforce any decision of the arbitrator, including the final award.
9.6.11. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO
MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO
PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE
RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PERMITTED UNDER THIS
AGREEMENT OR AS PROVIDED IN THE ARBITRATOR’S OR ARBITRATION
AGENCY’S APPLICABLE RULES, AND THE RIGHT TO CERTAIN REMEDIES
AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MERCURY WOULD
HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

10. PRIVACY
10.1. Information collected from entrants is subject to Mercury's privacy policy, which can be found at https://mercuryfiber.com/privacy-policy.