Offer Terms

Mastercard GRAMMYs Offer Terms & Conditions ("Terms"). Offer valid while availability lasts. Items are available in limited quantity and on a first-come, first-served, while supplies last basis. This offer ("Offer") begins at the start of the 59th Annual GRAMMY Awards® Show broadcast, approximately 8:00:00PM Eastern Time ("ET") on 2/12/17 & ends at the end of the 59th Annual GRAMMY Awards® Show broadcast, approximately 11:59:59PM ET on 2/12/17, or while supplies last, whichever occurs first ("Offer Period"). Offer open only to legal permanent residents who are physically located in one (1) of the fifty (50) United States and the District of Columbia, 18 years of age or older before 2/12/17 and who have a qualifying major credit or debit card that can be used in Masterpass as of 2/12/17. Void where prohibited by law. How It Works: For each GRAMMY Award presented live on TV during the broadcast, one (1) of the below Items ("Item") will become available for purchase, for a total of nine (9) different Items available during the Offer Period. If a GRAMMY Award recipient includes a message that thanks their fans in their acceptance speech, one (1) of the below Bonus Items ("Bonus Item") will become available for purchase, for a maximum of nine (9) different Bonus Items available during the Offer Period. If a GRAMMY Award recipient does not include a message that thanks their fans in their acceptance speech, no Bonus Item will become available. Items will be available for purchase while the availability lasts and Bonus Items will only be available until the next GRAMMY Award is presented so that only one (1) Bonus Item is available at a time. To Participate: Consumers must visit masterpass.com/grammys, follow instructions provided to select one (1) Item or Bonus Item, and purchase said Item or Bonus Item for one dollar ($1.00) using Masterpass during the Offer Period. The first consumers who initiate and fully complete the checkout process within the timeframe allotted, will receive one (1) Item or Bonus Item ("Offer Recipient"), while supplies last, on a first-come, first-served basis and subject to availability.

Items (6,954):

Quantity Item Value
4 Trip for two (2) to the 60th Annual GRAMMY Awards® in February 2018 $15,000
50 Saks Gift Card $750
100 Crate & Barrel Gift Card $400
200 Wayfair.com Gift Card $150
400 Mastercard Prepaid Card $125
500 Cheesecake Factory Gift Card $100
700 1-800-Flowers Gift Card $75
1,800 Zulily.com Gift Card $50
3,200 Fandango Promo Code $30

Bonus Items (900):

Quantity Item Value
600 Bluetooth Speaker $50
300 Earbuds $50

The purchase must be completed in Masterpass to be eligible. If you do not have a Masterpass account, you may sign-up for free by visiting https://masterpass.com and following the enrollment instructions. Limit one (1) of each Item and Bonus Item per Masterpass account and/or person for a maximum of nine (9) Items and nine (9) Bonus Items per Masterpass account and/or person. Item and Bonus Item quantities are limited. Making your purchase on masterpass.com/grammys will constitute your consent for Mastercard and Administrator to obtain and use your information for purposes of processing and fulfilling your order, which may also involve contacting you through phone and e-mail communications in accordance with the privacy policy (available at https://wallet.masterpass.com/Wallet/masterpass/en-us/privacy.html). Administrator will be the merchant of record and Administrator's name will appear on your billing statement. Each purchase must be made separately and you cannot combine more than one (1) Item or Bonus Item in a purchase. Once a purchase has been made, a confirmation email will be released to the Offer Recipient and his/her card will be processed in the amount of one dollar ($1.00). Your Item or Bonus Item is not officially purchased until you click "Complete Purchase" and receive a confirmation email. Offer recipients cannot return an Item or Bonus Item. Qualified purchases will be processed in the order in which they are received. Items and Bonus Items will be fulfilled on a first come-first serve basis following completion of purchase. Gift cards, Mastercard prepaid cards, and Bonus Items will be fulfilled within approx. (1) – (3) weeks after purchase confirmation using the email address provided on the Offer Recipient's Masterpass account. Gift card and Mastercard prepaid card restrictions apply. The gift cards are subject to any terms and conditions set forth on the gift card and issuer's standard terms and conditions applicable thereto. Mastercard prepaid card, subject to cardholder agreement available at, https://www.mastercard.com/ca/wce/PDF/MasterCard_Prepaid_Cardholder_Agreement.pdf. Mastercard may use one or more merchants, including, but not limited to, Administrator, through which entity the Items and Bonus Items will be sold to you. Make, model and color of Bonus Items awarded, if any, to be determined by the Released Parties (defined below) in its sole discretion. Bonus Item, if any, to be awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), and any and all warranties and/or guarantees (if any) shall be subject to the manufacturers' terms therefore (Offer recipients agree to look solely to such manufacturer(s) for any such warranty(s) and/or guarantee(s), if any). Trip includes round-trip coach air transportation from the major airport nearest Offer Receipient's residence, one (1) standard double-occupancy hotel accommodation, select ground transportation, two (2) tickets to the 60th Annual GRAMMY Awards, and select onsite activities to be determined by Sponsor. All Trip details not specifically set forth herein are determined by Sponsor in its sole discretion. Actual value of Trip will vary depending on final flight itinerary. Sponsor, in its sole discretion, reserves the right to provide ground transportation in lieu of air transportation. Trip must be taken on date(s) specified by Sponsor or Trip will be forfeited. Released Parties are not responsible for travel delays or cancellations. If any Trip-related activity(s) is canceled or postponed for any reason, Sponsor reserves the right, in its sole discretion, to award the balance of the Trip or to award an alternate Trip of equal or greater value in full satisfaction of Trip. If, for any reason whatsoever, Offer Recipient and/or guest are unable to travel or participate in the Trip after all Offer Recipient-related travel arrangements have been made, Sponsor shall have no further obligation to Offer Recipient and/or guest. Trip and Trip elements may not be separated or redeemed for cash. Travel and hotel accommodation restrictions apply. Offer Recipient and guest must travel on the same itinerary and must be 18 years of age or older to attend the 60th Annual GRAMMY Awards. Exact seat locations will be determined by Sponsor in its sole discretion. Tickets are subject to terms and conditions specified thereon. The 60th Annual GRAMMY Awards date, time, and location is determined in the sole discretion of The Recording Academy and is subject to change. Offer Recipients and guests agree to comply with all applicable event venue regulations in connection with the Trip. Sponsor and onsite representatives reserve the right to remove or to deny entry to any Offer Recipient and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person during the Trip. Offer Recipients and guests will be escorted out of the hotel, venue, and/or any other trip aspect by Sponsor, the applicable onsite representatives, or their designated agent(s) for improper conduct and/or violation of federal, state or local laws (including, but not limited to, the unlawful possession, use, or distribution of illicit drugs, unlawful drug paraphernalia, and alcohol) and, in the case of any such infraction, Sponsor will have no further obligation to Offer Recipient and Offer Recipient and his/her guest will forfeit the balance of Trip. Released Parties will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any event. No substitutions/transfers/refunds permitted. Offer may not be redeemed for cash. If the number of Items or Bonus Items issued exceeds the number of Items and Bonus Items listed in the Terms, for any reason, including technical, computer, seeding, human or other errors, the Released Parties reserve the right to award the listed number of Items and Bonus Items based on time and date stamp. Only the published number of Items and Bonus Items per these Terms will be sold. Offer Recipients will be solely responsible for all costs and expenses associated with the purchase of an Item or Bonus Item not specified herein, including but not limited to, all federal, state, and local taxes, additional ground transportation, food, beverages, souvenirs, gratuities, airline luggage charges, incidentals, upgrades, insurance, service charges and for any other fees or costs associated with the Item or Bonus Item they receive, regardless of whether they, in whole or in part, are used.

Mastercard International Incorporated ("Mastercard"), The Recording Academy®, teamDigital Promotions, Inc. ("Administrator"); and each of their respective parent companies, affiliates, distributors, subsidiaries, prize providers, advertising/promotion agencies (hereafter collectively, "Released Parties") are not responsible for late, lost, stolen, incomplete, misdirected, delayed, garbled, damaged, inaccurate or undelivered Items or Bonus Items or other communications or information (collectively, "Data"), defect/delay in transmission or communication; inaccurate or incomplete information; theft, destruction or unauthorized access to, or alteration of Data; or for telephonic, human or computer failures, problems or errors, interruptions in service due to system upgrades, repairs, modifications or other causes; failures or malfunctions of connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, traffic congestion on the Internet, technical or mechanical malfunctions, or other malfunctions or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the Offer, including, without limitation, errors which may occur in connection with the administration of the Offer, the processing of Masterpass purchases, the cancellation or postponement of the Offer, for any injury or damage to any participant's or any other person's computer or other device relating to or resulting from participation in this Offer, or for printing, typographical, human or other errors appearing in these Terms or other Offer-related materials; electronic equipment, computer hardware or software failures; or inaccurate Item, Bonus Item, and/or other information, whether caused by equipment, programming, human error, or otherwise. Mastercard, in its sole discretion, may void Item(s) or Bonus Item(s) from any consumer believed to exhibit fraudulent behavior or any attempt to corrupt or impair Offer administration, security, fairness or proper administration. The Released Parties are not responsible for and will not replace any lost, mutilated or stolen Item or Bonus Item or any Item or Bonus Item that is undeliverable or does not reach the recipient because of an incorrect or changed address. Offer Receipients of the Trips will be required to return an executed and notarized Affidavit of Eligibility, Liability Release and (where legal) Publicity Release within three (3) days of issuance of notification or other time period determined by Sponsor in its sole discretion. Trip guests will also be required to sign and return a Liability Release and (where legal) Publicity Release prior to the issuance of travel documents. Offer Recipients of the Trips may also be required to submit to a confidential background check to confirm eligibility and ensure that trip attendance by such person, or the use of any such person in advertising or publicity, will not pose a security threat or bring Sponsor or Released Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor or Released Parties as determined by Sponsor in its sole discretion, and, in such event, the Trip may be forfeited. Non-compliance with any of the foregoing may result in disqualification. In the event the Released Parties are prevented from continuing with the Offer by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Offer by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Released Parties' control (each a "Force Majeure" event or occurrence), the Released Parties shall have the right to modify, suspend or terminate the Offer.

By participating, consumers agree to be bound by these Terms and agree that: Released Parties and their designees and assigns and all of their respective officers, directors, employees, shareholders, representatives and agents shall have no liability and agree to waive, release, indemnify, defend and hold harmless the Released Parties from and against any and all claims, liability, costs (including attorneys' fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) consumers' participation in the Offer; (ii) any acceptance, possession, misuse or use of any Item or Bonus Item (including, without limitation, losses, damages or injuries to consumer's or any other person's equipment or other property, or to their persons, including those arising from any travel to/from any Item or Bonus Item event or activity). The Offer is subject to Mastercard's sole discretion and may be modified or terminated at any time without notice.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of consumers or the Released Parties in connection with the Offer will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY PARTICIPATING, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE OFFER, OR ANY ITEM OR BONUS ITEM SOLD, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

The parties each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Offer shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, NY. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in New York, NY. The Released Parties agree to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event that any provision of the Terms is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Released Parties' failure to enforce any term of these Terms will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Terms. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Offer-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Terms, the Terms shall prevail, govern and control and the discrepancy will be resolved in Released Parties' sole and absolute discretion.

Mastercard is a registered trademark and Masterpass and the circles design are trademarks of Mastercard International Incorporated.
GRAMMY®, GRAMMY Awards® and the gramophone logo are registered trademarks of The Recording Academy® and are used under license ©2017 The Recording Academy

Reference to third parties in connection with Items are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Mastercard or the Offer.