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Actually no, it lies entirely with Zugg. Someone who bought Zmud with the expectation (as created by an announcement on Zugg's site) that he would receive something free must be provided with that free something, or Zugg is engaged in fraud. If I purchase a cell phone plan that includes a free cell phone, and don't get that cell phone, it isn't the cell phone manufacturer that I have any legal right to go after. I go after whoever got me to fork over cash in exchange for goods they didn't deliver.
In the end, if Zugg refuses to make good on his obligation (for whatever reason. It's not your problem if his suppliers are having problems. Remember: He sold you something that he hasn't delivered. You paid him money, not The Mud Companion.) then he's obligated to either refund your money or make some other arrangement with you. The MUD Companion didn't promise you anything. It promised Zugg something, and Zugg promised you something.
--matt
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