TERMS & CONDITIONS
Promotion Period
1. The Promotion shall apply from January 15, 2014 to February 28, 2014 (both dates inclusive) (“Promotion Period”).
Participation in the Promotion
2. The Promotion is open to all eligible cardholders of MasterCard branded credit, debit and prepaid cards issued by MasterCard issuing banks in the Philippines (“Philippine Issued MasterCard Cards”) who are members of the Philippine Airlines (“PAL”) Mabuhay Miles frequent flyer program (“MasterCard Cardholders”). If a MasterCard cardholder is not yet a PAL Mabuhay Miles frequent flyer program member, the MasterCard cardholder may enroll via www.mabuhaymiles.com, Mabuhay Miles call center or PAL ticket offices.
3. Participation in the Promotion is open to MasterCard Cardholders aged 18 years and above whose Philippine Issued MasterCard Card accounts are maintained in good standing at all times during the Promotion Period. For the avoidance of doubt, whether a relevant account is in good standing is determined by the relevant MasterCard issuing bank at its sole discretion. Notwithstanding the foregoing, the following persons shall NOT be eligible to participate in the Promotion:-
the staff and employees (whether permanent or temporary) of MasterCard Asia/Pacific Pte. Ltd. (“MAPPL”), MasterCard Philippines, Philippine Airlines, Inc., PAL, McCann Worldgroup Philippines, Fuentes Publicity Network Inc., and their respective associated and affiliated companies related to or connected with the Promotion; and
the immediate family members of the staff and employees (whether permanent or temporary) of MAPPL, MasterCard Philippines, Philippine Airlines, Inc., PAL, McCann Worldgroup Philippines, Fuentes Publicity Network Inc., and their respective associated and affiliated companies related to or connected with the Promotion. For the purposes hereof, “immediate family members” includes spouse, parent, child (including adopted child and step-child), brother, sister and the spouse of the child, brother or sister.
4. Notwithstanding any matters stated in these terms and conditions, MAPPL may in its absolute discretion determine whether a Philippine Issued MasterCard Card or MasterCard Cardholder is eligible to participate in the Promotion and disqualify any Philippine Issued MasterCard Card and/or MasterCard Cardholder from participating in the Promotion without providing any reasons therefore.
5. By participating in the Promotion, each MasterCard Cardholder fully and unconditionally agrees to and accepts these terms and conditions and accepts that the decision of MAPPL, with the concurrence of the Philippines Department of Trade & Industry (“DTI”), regarding the Promotion and all matters related to it, including, without limitation, the interpretation of these terms and conditions and the decision who to award the Prizes (as hereinafter defined) to, is final and binding and no correspondence or queries will be entertained.
6. To participate in the Promotion, a MasterCard Cardholder who meets the eligibility criteria set out in these terms and conditions must use his/her Philippine Issued MasterCard Card to purchase a PAL round trip economy class or business class airline ticket for travel from Manila, Philippines to any PAL destination (whether local or international) from PAL ticketing offices or PAL’s online booking sites (www.philippineairlines.com and www.flypalexpress.com) during the Promotion Period (“Qualifying Purchase”).
7. Philippine Airlines – Mabuhay Miles Travel Award airline tickets, non-revenue airline tickets and other industry discounted airline tickets do not qualify for participation in the Promotion and are not Qualifying Purchases. Payment of processing fees or rebooking fees/penalties of an existing PAL ticket shall also not qualify for the Promotion.
8. Each valid Qualifying Purchase under the Promotion will earn one (1) raffle entry for (i) every US$100.00 spent on the Qualifying Purchase, where the Qualifying Purchase is made in United States Dollars currency; and (ii) every PhP4,400.00 spent on the Qualifying Purchase, where the Qualifying Purchase is made in Philippine Pesos currency. Denominations which are less than US$100.00 or PhP4,400.00 will not be eligible for any raffle entries. There is no limit on the number of raffle entries that a MasterCard Cardholder is entitled to receive, provided that the Qualifying Purchase is met.
Raffle Draw, Prizes & Winners
9. There will be one (1) raffle draw under the Promotion with four (4) winners selected. The raffle draw will be held on March 7, 2014 at the MasterCard Philippines Head Office at 27th Floor, Tower One & Exchange Plaza, Ayala Triangle, Ayala Avenue, Makati City, Philippines in the presence of a DTI representative.
10. The four (4) winners under the Promotion will each win one (1) MasterCard Priceless VIP Travel Package (“Prize”) comprising of the following:-
Round trip economy class airline tickets for two (2) persons from Manila, Philippines to London, England via PAL (“Round Trip PAL Tickets”);
Four (4) days/three (3) nights hotel accommodation for two (2) persons, inclusive of airport transfers in London, England, from March 30, 2014 (check-in) to April 2, 2014 (check-out);
Exclusive concert tickets for two (2) persons at the VIP seating to watch the Justin Timberlake 20/20 Experience World Tour in London, England on April 1, 2014;
One-day city tour of London for two (2) persons; and
Welcome and pre-show dinner for two (2) persons at acclaimed restaurant in London selected by MAPPL.
The hotel accommodation offered under each Prize, the room category, the hotel and the location of the hotel will be at the discretion of MAPPL. Each Prize will be subject to terms and conditions as may be imposed by MAPPL and/or the provider/supplier of the Prize.
11. The Prizes are transferrable but not convertible to cash or any other item.
12. If the Prize or any component thereof is unavailable for any reason whatsoever, MAPPL reserves the right, at its sole discretion, to provide an alternative prize of an equivalent value without prior notice, subject to any directions from DTI.
13. A MasterCard Cardholder can win only once in the Promotion irrespective of such MasterCard Cardholder being drawn as a winner more than once during the raffle draw.
14. MAPPL reserves the right to validate Qualifying Purchases and the winning entries prior to announcement of winners and awarding of the Prizes. MAPPL reserves the right, in concurrence with DTI, to reject a participant in the Promotion if he/she is unable to satisfy any of these terms and conditions.
15. Each winner must be a PAL Mabuhay Miles frequent flyer program member with a valid Philippine Issued MasterCard Card account in good standing and a valid Passport for travel at the time of the raffle draw, the claiming of the Prize and the Prize redemption. MasterCard card accounts shall be validated by the relevant MasterCard issuing banks. Any winner who does not meet the foregoing criteria will be disqualified and the Prize will be forfeited by MAPPL with the prior approval of DTI.
16. There will be a 7 day period for each winner to claim his/her Prize. The 7 day period for claiming of the Prizes shall commence from the date of the official notification from MAPPL that he/she is a winner under the Promotion. If for any reason whatsoever, a winner does not claim the Prize within such 7 day period, the Prize will be forfeited by MAPPL with the prior approval of DTI.
17. Winners may claim their Prizes at: MasterCard Philippines Head Office at 27F, Tower One & Exchange Plaza, Ayala Triangle, Ayala Avenue, Makati City, Philippines.
18. In order to claim the Prize, the winner must (i) sign the Release, Waiver and Quit Claim form of MAPPL; (ii) present the original official notification letter received by the winner, his/her Philippine Issued MasterCard Card used to make the Qualifying Purchase(s) and the original statement of account (SOA) or the original charge slip (indicating the winning Qualifying Purchase); and (iii) provide his/her tax identity number (TIN), community tax certificate (CTC) and current valid Passport.
19. Each winner who has claimed the Prize must redeem the Prize and confirm his/her travel no later than March 14, 2014, failing which the Prize will be forfeited by MAPPL with the prior approval of DTI.
20. The Prizes do not include meals and transportation (other than those expressly provided for in the Prizes), spending money, excess baggage allowances and all other ancillary costs and expenses, all of which shall be borne by the winners and their companions.
21. The winners of the Prizes and their companions shall be responsible for securing all travel documents (passport, visas, travel insurance etc.) required by government authorities or otherwise required for the travel. The winners of the Prizes and their companions shall bear all applicable airline/airport taxes, government taxes, fees and surcharges and all other costs and expenses incurred in redeeming and using the Prizes. Winners shall not have any claim nor be entitled to any compensation whatsoever in the event of their failure to secure the necessary travel documents (passport, visas, travel insurance etc.) required for the travel.
22. MAPPL, MasterCard Philippines, Philippine Airlines, Inc. and the MasterCard issuing banks shall not be liable for any winner notification that is lost, intercepted or not received for any reason.
23. The 20% prize tax on the Prizes (where applicable) will be paid by MAPPL.
General Conditions
24. MAPPL, MasterCard Philippines, MasterCard International Inc. and their respective affiliates and associated companies/entities and agencies (collectively the “MasterCard Group”) do not assume any responsibility for any Prizes or any products and services offered under the Promotion. The Prizes, products and services have not been certified by the MasterCard Group and under no circumstances shall the inclusion of any Prize, product or service in the Promotion be construed as an endorsement or recommendation of such Prize, product or service by the MasterCard Group. No representation or warranty of any kind is given by the MasterCard Group as to the Prizes and any component thereof and all liability of any kind whatsoever is excluded to the fullest extent permissible by applicable law. In the event legislation mandates conditions or warranties which cannot be excluded, restricted or modified except to a limited extent, then to the extent permitted by law, the liability of the MasterCard Group is limited to, at its option: (i) the replacement of the Prize or any component thereof or the supply of an equivalent prize; or (ii) the payment, if it does not contravene any law, of the cost of the replacement or supply. Each participant in the Promotion agrees that the MasterCard Group has made no warranty, representation or guarantee, expressed or implied, in fact or in law, relating to any Prize. The providers/suppliers of the Prizes and any other products and services offered under the Promotion are not agents, contractors, employees, servants, consultants or affiliates of the MasterCard Group. No representation or warranty of any kind is given by the MasterCard Group as to the quality, description or characteristic of any Prize or any component or item thereof. All risks associated with the use of the Prizes and the travel to the selected destination shall be assumed by the winners thereof and their companions.
25. Philippine Airlines, Inc. does not assume any responsibility for any Prizes or any products and services offered under the Promotion, save and except for the Round Trip PAL Tickets under the Prizes and the PAL airline tickets purchased under the Qualifying Purchases. Save and except for the Round Trip PAL Tickets under the Prizes and the PAL airline tickets purchased under the Qualifying Purchases, the other components of the Prizes, products and services have not been certified by Philippine Airlines, Inc. and under no circumstances shall the inclusion of any such components of the Prize, product or service in the Promotion be construed as an endorsement or recommendation of such components of the Prize, product or service by Philippine Airlines, Inc..
26. To the fullest extent permitted by applicable law, each participant in the Promotion shall not have any claim whatsoever against the MasterCard Group, Philippine Airlines, Inc. and their respective directors, officers, employees and agents in respect of any action, proceeding, judgment, damage or loss (including, without limitation, incidental, punitive, consequential, special, direct or indirect damages, loss of profits, loss of business, loss of business opportunity or economic loss), expense, injury (including, without limitation, death or personal injury) or liability suffered or incurred by the participant or any other person arising from or in connection with (i) such participant’s participation in the Promotion; and (ii) in the case of a participant who is drawn as a winner, the receipt, redemption, use or misuse of any Prize by such participant or any other person and the travel to and from the selected destination and any other venues and locations associated with the Prize by such participant or any other person, save and except that Philippine Airlines, Inc. shall be liable for its obligations (whether under contract or applicable law) as carrier in respect of the Round Trip PAL Tickets under the Prizes and the PAL airline tickets purchased under the Qualifying Purchases.
27. The MasterCard Group, Philippine Airlines, Inc. and their respective directors, officers, employees and agents shall not, to the fullest extent permissible by applicable law, be liable in any way whatsoever in respect of any of the following:-
virus or other corruption, technical or mechanical error or failure, human error, negligence or unauthorized human intervention in any part of the entry process, the winners’ selection process or the operation or administration of the Promotion;
technical errors related to computers, servers, service providers, telephone lines, network lines or any other equipment;
printing errors;
lost, late, postage-due, misdirected, undelivered, rejected, blocked or deleted Qualifying Purchases, mails, notifications, submissions or phone calls;
any entry that is lost, misdirected, intercepted or otherwise not received for any reason whatsoever
inaccurate information provided by the MasterCard Cardholder, howsoever caused;
non-receipt of Qualifying Purchases, entries, notifications, submissions, mails or phone calls;
errors in the administration of the Promotion or the processing of entries;
any amount charged to a MasterCard cardholder’s MasterCard card account in the course of entering into or participating in the Promotion;
the suspension, cancellation or termination of the Promotion for any reason whatsoever; and
any action, proceeding, judgment, liability, loss, injury, claim or damage (including, but not limited to, incidental, punitive, consequential, special, direct or indirect damages or losses, loss of profits, loss of business, loss of business opportunity, economic loss), expense, death and personal injury incurred or suffered by any MasterCard cardholder or any other person which may be caused, directly or indirectly, in whole or in part, from (i) participation in the Promotion; (ii) the collection, receipt, redemption, use or misuse of any Prize or any component or item thereof; or (iii) the travel to and from the selected destination and any other venues and locations associated with the Prize, save and except that Philippine Airlines, Inc. shall be liable for its obligations (whether under contract or applicable law) as carrier in respect of the Round Trip PAL Tickets under the Prizes and the PAL airline tickets purchased under the Qualifying Purchases.
28. A list of winners will be published, within two (2) weeks after the determination of the winners, on the Philippine Airlines Facebook page, the Mabuhay Miles Facebook page, the PAL official webpage and the Mabuhay Miles official webpage. Winners will also be notified by phone and an official notification letter sent by registered mail to each winner’s address, based on the MasterCard Cardholder’s information in the records of the MasterCard issuing bank which issued the Philippine Issued MasterCard Card used by the winner to make the Qualifying Purchase(s).
29. All entries remain the sole property of MAPPL. All information of the participants in the Promotion is held within MAPPL’s secured database of entries. Except where prohibited by law, participation in the Promotion constitutes each participant’s consent to MAPPL’s use of their name, personal description, likeness and opinions for any promotional, marketing and publicity purposes in any media.
30. By participating in the Promotion, each MasterCard Cardholder authorizes MAPPL, MasterCard Philippines and Philippine Airlines, Inc. to collect, verify and publish the MasterCard Cardholder’s personal information (including, without limitation, name, photo, email, address and phone number) and use such personal information in connection with marketing campaigns related to or connected with the Promotion and communicating and contacting the winning MasterCard Cardholders under the Promotion.
31. The winners may be required to participate in publicity programs which MAPPL may from time to time organize in connection with the Promotion and if so, such winners must attend such functions. Expenses and/or costs incurred by a winner in attending such functions shall be borne by the winner.
32. MAPPL’s decision, in concurrence with the DTI’s rules and regulations, regarding the Promotion and all aspects thereof will be deemed final and non-negotiable.
33. In the event MAPPL and/or Philippine Airlines, Inc. are prevented from continuing with the Promotion or the integrity and/or feasibility of the Promotion is undermined by any event beyond the control of MAPPL and/or Philippine Airlines, Inc., including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of MAPPL and/or Philippine Airlines, Inc., MAPPL shall have the right, in its sole and absolute discretion, to abbreviate, modify, suspend, cancel or terminate the Promotion without any further obligation.
34. Winners are advised to contact MAPPL should there be any query or dispute concerning the Prizes or any components thereof.
35. In respect of the Qualifying Purchases and the Round Trip PAL Tickets under the Prizes, the PAL airline ticket rules, terms and conditions apply vis-à-vis Philippine Airlines, Inc. and its passenger.
36. The winners consent to the MasterCard Group and Philippine Airlines, Inc. and their respective, licensees, successors, assigns and contractors (including, without limitation, its affiliates), filming or otherwise recording the winner’s appearance, poses, voice and statements, and editing such recordings (collectively “Footage”).
The winners agree that MAPPL and Philippine Airlines, Inc. may use, or license others to use, the Footage or a reproduction of it, in whole or in part, and/or the winner’s name, voice, likeness and any biographical material which the winners may provide, in connection with the use of the Footage, for marketing and promotional purposes, on websites operated by or for the winner and in social media channels. The winners further agree that MAPPL and Philippine Airlines, Inc., in their sole discretion, may edit, modify, add to, delete from or change the Footage.
The winners hereby release the MasterCard Group and Philippine Airlines, Inc. and their licensees, successors and assigns, from and against any claim of any kind or nature whatsoever arising from the use of the Footage, including, but not limited to, those based upon “moral rights” (which, to the extent such “moral rights” may not be assigned to MAPPL and Philippine Airlines, Inc. are expressly waived by the winners and their companions), defamation (including, without limitation, libel and slander), invasion of privacy, right of publicity, copyright, or any other personal and/or property rights (“Claims”) and agree that the winners will not now or in the future assert or maintain any Claims against MAPPL and Philippine Airlines, Inc., their respective contractors or their respective parent companies, subsidiaries, affiliates, licensees, successors or assigns. Winners shall do all things reasonably necessary to ensure that their companions agree to the photography consent form provided to them.
37. In the event of any abuse or fraud in respect of any transaction connected with the Promotion, MAPPL may, in its absolute discretion, cancel such transaction(s).
38. MAPPL or any MasterCard issuing bank may withdraw, cancel or invalidate any transactions already qualified or any Qualifying Purchase, if any fraud or irregularity is suspected by MAPPL or the MasterCard issuing bank, without incurring any liability to any MasterCard cardholder.
39. In the event of any inconsistency between these terms and conditions and any terms and conditions referred to in any brochure, marketing or promotional material relating to the Promotion, these terms and conditions shall prevail.
40. MAPPL reserves the right to conduct promotions similar to the Promotion in any other countries. Each such project will be subject to its own terms and conditions.
41. These terms do not replace the terms and conditions or any other information required or stipulated by the MasterCard issuing banks. Any and all questions regarding MasterCard payment cards or cardholder account should be directed to the MasterCard issuing bank that issued the MasterCard cardholder his/her the Philippine Issued MasterCard Card.
42. These terms and conditions may not be assigned by any MasterCard cardholder. MAPPL may assign its rights and obligations under these terms and conditions at any time.
43. These terms and conditions may be changed, varied, modified and/or deleted by MAPPL in its sole and absolute discretion at any time and from time to time without any prior notice to MasterCard cardholders or to any other person and by participating in the Promotion each MasterCard cardholder irrevocably and unconditionally accepts any such changes, variations, modifications and deletions.
44. These terms and conditions are governed by the laws of Singapore.
45. If a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, invalid or illegal, the remaining provisions of these terms and conditions will continue in full force and effect and such unenforceable, invalid or illegal provisions shall be deemed severed from these terms and conditions and MAPPL shall be entitled to replace such severed provisions with such other provisions as it may deem fit.
46. Any disputes regarding the Promotion or any MasterCard cardholder’s ability to participate in the Promotion may be determined by MAPPL. Any resolution will be final and binding.
47. These terms and conditions comprise the entire agreement between the MasterCard Cardholders and MAPPL with respect to the Promotion and supersedes all prior agreements between them regarding the subject matter contained herein.
Per DTI Permit No. 3194, Series of 2014