Mint Mobile Trade-In Program Terms and Conditions

You may sell your Device to us per these Terms and Conditions but you are under no obligation to do so. If you request to sell Your Device to Us, We will provide you an Offer to purchase your Device. If you accept the Offer and all other conditions listed herein are satisfied, we will provide a Payment Card and purchase Your Device. BY PARTICIPATING IN THE MINT MOBILE TRADE-IN PROGRAM, YOU ENTER INTO A BINDING AGREEMENT WITH MINT MOBILE TO SELL YOUR DEVICE TO MINT MOBILE PER THE TERMS AND CONDITIONS OUTLINED BELOW.  PLEASE READ THE FOLLOWING TERMS AND CONDITIONS TO CAREFULLY UNDERSTAND YOUR RIGHTS AND OBLIGATIONS AS A PARTICIPANT IN THE TRADE-IN PROGRAM.

These Mint Mobile Trade-In Program Terms and Conditions are effective as of July 22, 2024.

1. Definitions.
   1. Device means Your cellular phone or any other eligible device that You Request Us to purchase hereunder.
   2. Eligibility Requirements means a set of physical and functional conditions that a Device must satisfy for you to receive an Offer under the Trade-In Program, as more fully described in Section 3.
   3. Payment Card means an electronic gift card or virtual prepaid card. 
   4. Offer or Adjusted Offer means the value that we will pay you to purchase your Device under the Trade-In Program.  The Offer or Adjusted Offer is based on our assessment of the condition of your Device.
   5. Personal Information means personal information within the meaning given to that term under applicable data privacy laws. 
   6. Trade-In Program means a program through which Mint Mobile customers can trade in their Device for a Payment Card. 
   7. You and your means the owner of the Device.
2. Representations and Warranties.  By participating in the Trade-In Program, you represent and warrant the following to us:
   1. You are over the age of eighteen (18) and a resident of the United States.
   2. You are the sole owner of the Device and have the power and authority to participate in the Trade-In Program and sell your Device to us. 
   3. There is no outstanding balance owed on your Device. We will not be liable for any balance owed on the Device. 
   4. You agree to surrender ownership rights to your Device upon conclusion of the trade-in transaction.
   5. You agree to provide Us with the information, including without limitation, any Personal Information, necessary to process the trade-in request. 
   6. Your Device has all genuine OEM parts.
3. Trade-In Program Eligibility.  Your Device must satisfy the Eligibility Requirements to receive the Offer, which we will assess based on your responses to our questions. We reserve the right to reject trade-in requests for Devices that do not align with the Eligibility Requirements.  Eligibility Requirements include, but are not limited to, our verification that you are the lawful owner of the Device, there are no outstanding liens or loans with respect to the Device, that all security features (including Find my iPhone) are turned off, that the Device was not reported lost or stolen, the Device IMEI is not locked and the Device has been factory reset with all data and SIM cards removed and screen locks, pin codes and activation locks disabled.
4. Trade In Process.
   1. You may request to participate in the Trade In Program by entering into an online transaction on Mint Mobile’s website.  You must provide information about your Device including without limitation its current condition as well as certain Personal Information about you.  
   2. If we determine that your Device meets our Eligibility Requirements, we will make an Offer to you to purchase your Device. By accepting the Offer you are certifying that you are the lawful owner of the Device, consent to the trade-in transaction and agree to these Trade-In Program Terms and Conditions.
   3. You must send your Device to us and we must receive your Device within fourteen (14) days of us sending the shipping label to you.  You are responsible for properly packing your Device and using the shipping label provided by us to you.  If we have not received your Device within fourteen (14) days of us sending the shipping label to you, we reserve the right to rescind or revise, in Our discretion, the Offer.
   4. Once we receive your Device, if we determine that the Device did meet our Eligibility Requirements, title to the Device will transfer to us at our device returns center.
   5. Once we receive your Device, if we determine that the Device did not in fact meet the Eligibility Requirements or any other information provided by you was inaccurate, incomplete or wrong (e.g. the Device was not in the same condition as described by you), we will withdraw our Offer and provide you with an Adjusted Offer.  You will have five (5) days to accept or reject the Adjusted Offer.  If you accept the Adjusted Offer, we will send you a Payment Card with the value of the Adjusted Offer.  If you reject the Adjusted Offer, we will ship the Device back to you.  If you do not respond to the Adjusted Offer Value within five (5) days, we will assume you have accepted the Adjusted Offer.  Once you have agreed to the Adjusted Offer, title to the Device will transfer to us at our device returns center.  
5. Lost or Stolen Devices.  If we determine or suspect that your Device is lost or stolen, we will retain your Device. In such a situation, you agree to cooperate with us and/or the authorities and the following will occur:
   1. we will notify the appropriate authorities; 
   2. you will not receive a Payment Card; and
   3. we will not return the Device to you and will destroy the Device or pass the Device to the relevant authorities.  
6. Fraud.  We reserve the right to cancel the Payment Card if we reasonably determine that you have perpetuated any kind of fraud hereunder, you did not provide full and truthful information, the Device has been reported lost or stolen, you do not have lawful possession of the Device or you are not the sole owner of the Device.  
7. Personal Information; Communications.
   1. You acknowledge and agree that we will share your Personal Information  with third parties who provide certain services related to the Trade-in Program.  
   2. You consent to be contacted for any and all purposes at any telephone number or physical or electronic address you provide to us. All notices or requests pertaining to your participation in the Trade-In Program will be in writing and may be sent by any reasonable means including, for example, by mail, email, text message or recognized commercial overnight courier. Notices to you are considered delivered when sent to your Device or by email you provided, or three (3) days after mailing to your address.
8. Indemnification.  You agree to indemnify and hold Mint Mobile and its parent company and their subsidiaries, affiliates, officers, directors, agents and employees harmless from any claims or demands, including reasonable attorneys’ fees, made by any third parties due to, connected to or arising out of the breach of this agreement, any acts or omissions, or violation of any law or the rights of any third party by you.
9. Waiver of Liability.  IN NO EVENT SHALL MINT MOBILE OR ITS AGENTS, AFFILIATES, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF, FROM OR RELATED TO YOUR PARTICIPATION IN THE TRADE-IN PROGRAM REGARDLESS OF THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) AND REGARDLESS OF WHETHER MINT MOBILE OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION FINDS THIS SECTION UNENFORCEABLE, YOU AGREE THAT THE EXTENT OF MINT MOBILE’S LIABILITY SHALL BE NO MORE THAN ONE HUNDRED DOLLARS ($100).
10. Governing Law.  Each of the parties to these terms and conditions submit to the exclusive jurisdiction of the courts of the state of California and the courts having jurisdiction to hear appeals from such courts.

BY PARTICIPATING IN THE TRADE-IN PROGRAM AND ACCEPTING THE OFFER OR ADJUSTED OFFER, YOU (A) AGREE TO THESE TRADE-IN TERMS AND CONDITIONS, (B) TRANSFER OWNERSHIP OF YOUR DEVICE TO MINT MOBILE, AND (C) UNDERSTAND THAT MINT MOBILE IS UNDER NO OBLIGATION TO RETURN THE DEVICE ONCE THE OFFER OR ADJUSTED OFFER, AS APPLICABLE, IS CONFIRMED BY MINT MOBILE.