Just Go For It: Terms & Conditions

This Terms and Conditions agreement hereinafter referred to as this “Agreement” is made by AFFINITYPLUS CREDIT UNION LIMITED, a credit union registered and approved under the Co-Operative Societies Act, Cap. 378A of the laws of the Barbados and whose registered office is situate at Corner of Fairchild & Nelson Streets, Bridgetown, St. Michael in the Island of Barbados (hereinafter referred as “AFFINITYPLUS” or “Credit Union”) and MASTERCARD INTERNATIONAL INCORPORATED (hereinafter referred as “MASTERCARD”).  

WHEREAS: 

a. AFFINITYPLUS and MASTERCARD are desirous in engaging in a marketing initiative called AffinityPlus - “Just go for it” (as defined below the “Promotion”);  

b. the Promotion is organized and executed by AFFINITYPLUS and sponsored and endorsed by MASTERCARD; and  

c. AFFINITYPLUS is the sole and exclusive entity responsible for the execution of the Promotion, as well as for granting the Benefits (as defined below). 

AFFINITYPLUS and MASTERCARD shall collectively be referred to as the “Parties”. Unless otherwise expressly agreed in writing by the Parties, these Terms and Conditions shall govern the marketing initiative of the Parties. 

1. DEFINITIONS AND INTERPRETATION 

For the purposes set forth in this Agreement, the following definitions shall apply: 

“AFFINITYPLUS’s App and Website” refers to all AFFINITYPLUS media and physical channels (mobile application, website, social media pages and/or Point of Sale materials). 

“Benefit” refers to the prize reward to be given to TWO (2) MASTERCARD CARDHOLDERS each consisting of a four (4) night, five (5) day trip to Madrid, Spain which includes: round trip air fare from Barbados to Madrid, Spain for each prize winner selected by AFFINITYPLUS. This reward includes accommodation for the TWO (2) MASTERCARD CARDHOLDERS and one (1) eligible guest /travel companion for each of the selected Mastercard cardholder.  

“Benefits Mechanic” refers to the scenario in which to win the Benefit, the Cardholder must satisfy the following requirements: 1) Accumulate the highest amount of points achieving their personal spending goal as much times as they can during the Participation Period, 2) open the first promotional email sent by AFFINITYPLUS, and click the automatic register button during the Participation Period, 3) spend in the selected categories: Drugstores, apparel, automotive fuel, groceries, eating places and home improvement centers (Warehouses)*(Appendix 1). The Cardholder’s spending goal will be shared to them individually via an email from AFFINITYPLUS during the first week of the Participation Period. The two (2) Cardholders that open that registered for the Promotion and accumulate the highest amount of points by reaching the spending goal as much times as possible and make purchases within these six (6) selected categories by the end of the Participation Period, will be the winners. In the case of a tie, the winner will be selected by the following criteria: A) the Cardholder that achieves the points first within the Participation Period and B) the Cardholder that has more selected categories within the purchases during the Participation Period and C) finally the Cardholder who registers more transactions during the Participation Period.   

“Instant Reward” refers to the instant reward which includes an Amazon gift card vouchers valued at Thirty United States Dollars ($30 USD) or Sixty Barbados Dollars ($60 BBD).  

“Instant Rewards Mechanics” refers to the requirements of instant rewards the Cardholder must accomplish the following requirements: 1) Achieve the spending goal 1 time during the Participation Period, 2) open the first promotional email sent by AFFINITYPLUS and click the automatic register button during the campaign period. 3) spend in the selected categories: Drugstores, apparel, automotive, fuel, Groceries, eating places and home improvement centers (Warehouses) * (Appendix 1). The Cardholder’s spending goal will be shared via email by AFFINITYPLUS during the first week of the campaign period. The first two hundred and seventy-five (275) Cardholders to open the email from AFFINITYPLUS, click the register button and achieve the spending goal and make purchases within the six (6) selected categories by the end of the Participation Period, will be eligible to receive an Instant Reward. In the case of a tie, the winner will be selected by the following criteria: A) the cardholder that achieves the spending goal first within the campaign period, B) then by the one that has more selected categories within the purchases during the campaign period, and finally C) by the Participant who registers more transactions during the Participation. Participants who meet the requirements will be eligible to win an Instant Reward only one (1) time. The Instant Rewards will be delivered within the Participation Period and the Instant Reward aspect of the Promotion shall be concluded until the two hundred and seventy-five (275) Instant Rewards are completed or to the end of the Participation Period, whichever comes first.  

“Promotion” refers to the marketing initiative to promote and incentivize the use of MASTERCARD Debit Card products offered by AFFINITYPLUS’ at their locations market wide in Barbados and internationally, which is scheduled to begin on September 15th, 2024 to November 22nd, 2024.  

"Participant or Cardholder” refers to any person over eighteen (18) years of age, domiciled in Barbados, who are AffinityPlus Mastercard Debit Card cardholders issued in the Barbados territory, who make online and card present purchases, open the Promotion welcoming email, and clicked to get automatically registered during the Participation Period. Those who declare that by deciding to participate in the Promotion are accepting the Terms and Conditions of the Promotion and state that they know and accept the conditions, obligations and limitations set forth therein.  

“Participation Period” refers to the period in time in which Participants must make transactions using their Mastercard Debit Card to participate in the Promotion, scheduled to begin on September 15th, 2024, at 00:00 hours until November 22nd, 2024, at 23:59 hours. 

“Terms and Conditions” refers to this entire document, the conditions, obligations, and prerogatives set forth herein. 

In this Agreement: 

a. headings used in this Agreement are for convenience and do not form part of, and shall not affect the interpretation of this Agreement; 

b. the singular includes the plural and vice versa; and  

c. any gender includes the other.

2. GENERAL TERMS 

These Terms and Conditions apply to the exclusion of any other terms and conditions referred to, proposed by, or relied on by AFFINITYPLUS, whether in negotiation or at any stage in the commercial and marketing dealings between MASTERCARD and AFFINITYPLUS, regarding the Promotion.  

The Promotion is conducted and organized by AffinityPlus. The provisions herein shall be binding on the Participants. 

All decisions of AFFINITYPLUS will be final in all matters related to the Promotion. Any violation thereof and/or of the procedures and/or conditions of participation and/or systems established for the conduct of the Promotion will imply the immediate exclusion of the Participant and/or the revocation of the Benefit. 

3. PROMOTION DESCRIPTION 

Participants should make their online or card present purchases at any merchant of the selected categories, during the Participation Period. Participants enter the chance to win either a Benefit or Instant Reward. 

AFFINITYPLUS will amplify this promotional campaign through its own media and physical channels (App, Website, and Point of Sale). A non-transferable, non-exclusive, royalty-free license to use MASTERCARD logos and trademarks at the Promotion will be provided to AffinityPlus solely and exclusively for participating in the Promotion and during the Participation Period. 

4. PARTICIPANTS  

Cardholders who received communication via email with their transactional goals, have an AffinityPlus Mastercard Debit Card and are members of the Credit Union are eligible to participate in the Promotion for a chance to win either the Benefit or Instant Reward.  Employees of the Credit Union are not eligible to participate in this Promotion. 

5. EXCLUSIONS 

Participants whose MASTERCARD has expired, blocked or cancelled or rendered invalid for any reason are not eligible to participate in the Promotion. If, during the Participation Period a Participant’s MASTERCARD has expired, blocked or cancelled or rendered invalid for any reason, will be excluded from this Promotion.

6. SUSPENSION OF THE PROMOTION  

AFFINITYPLUS will immediately suspend the Promotion, without assuming any liability or responsibility in instances of any apparent crime, fraud or any irregularity in the way of participating, in the way of carrying out transactions with the means of payment, or in the behavior of any of the Participants during the validity of the Promotion and/or during the receipt of the Benefits, or if any circumstance of force majeure should arise that affects the interests or good faith of the commerce and/or the franchise. 

7. LIMITATION OF LIABILITY  

MASTERCARD assumes no liability for any goods or services purchased by Participants at AFFINITYPLUS. Neither AFFINITYPLUS nor MASTERCARD will be responsible for any difficulties that may arise at the time of payment by Participants. In the event of any inconvenience and/delays with the payment card and in general any matter that may affect the payment, the Cardholder acknowledges that neither MASTERCARD nor AFFINITYPLUS is responsible for such matters and must make the corresponding claims to the point of sale merchant, where applicable. 

8. FORCE MAJEURE

Neither Party shall be liable for any failure or delay in the performance of this Agreement, which is caused by circumstances beyond the reasonable control of a Party. For purposes of this clause, “Force Majeure” means an event or situation beyond the control of the either Party that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of either Party. Such events may include, but not be limited to wars or revolutions, fires, floods, weather anomalies including tropical storms and hurricanes, epidemics, pandemics, quarantine restrictions, and freight embargoes. 

If a Force Majeure event arises, the affected Party shall promptly notify the other Party in writing of such condition and the cause thereof and the affected Party, as far as is reasonably practicable, shall seek all reasonable alternative means for the performance of its obligations under this Agreement not affected by the Force Majeure event. 

9. MISCELLANEOUS 

If necessary and/or at the discretion of MASTERCARD and/or AFFINITYPLUS, MASTERCARD and/or AFFINITYPLUS reserve the right to expand and/or clarify the scope of these Terms and Conditions and/or any of the procedures. MASTERCARD reserves the right to eliminate the benefit and/or cease offering the benefit prior to the end of the Participation Period. 

Any doubt, question, complaint, or claim related to the mechanics of the Promotion; the redemption of the benefits will be answered through the e-mail: marketing@affinityplusbb.com 

10. GOVERNING LAW AND DISPUTE RESOLUTION 

Any dispute, controversy or claim arising out of, relating to, or in connection with this Agreement as between the Parties, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof, shall be referred to and finally resolved by mediation administered by the Arbitration and Mediation Court of the Caribbean (“AMCC”). The language to be used in the mediation proceedings shall be English.  

Participants acknowledge and agree that the applicable law for any dispute arising in connection with the Promotion shall be the law of Barbados and waive their right to initiate any claim in any other jurisdiction. 

11. ANTI-BRIBERY AND CORRUPTION LAWS AND COMPLIANCE  

 The Parties recognize that MASTERCARD and any person or entity acting on its behalf must comply with international laws related to anti-bribery and corruption including the U.S. Foreign Corrupt Practices Act, the UK Bribery Act, and other applicable law. AFFINITYPLUS shall comply and shall ensure that each of its subcontractors (if so approved or permitted) and personnel complies, with all applicable anti-bribery and corruption laws applicable to business dealings, including with government officials (as defined below) and any implementing regulation in respect of any such laws. AFFINITYPLUS warrants, represents and covenants to MASTERCARD that AFFINITYPLUS (and each of its employees, subcontractors and personnel) has not and shall not, in connection with the activities contemplated by this document or in connection with any other business activities involving MASTERCARD, make, promise or offer to make any payment or transfer of anything of value or any other advantage directly or indirectly through a representative, intermediary agent or otherwise: (i) to any government official; (ii) to any political party; or (iii) to any person for the purpose of improperly influencing any act, omission to act or decision of such official, political party or individual or securing an improper advantage to assist the Parties in obtaining or retaining business. MASTERCARD also warrants, represents and covenants to MASTERCARD that AFFINITYPLUS and each of its employees, subcontractors and personnel shall not, in connection with any business activities involving MASTERCARD, accept anything of value from any third party seeking to influence any act or decision of AFFINITYPLUS or to secure an improper advantage to that third party. “Government official” is defined as any employee or officer of a government of a country, state, or region, including any federal, regional, or local government or department, agency, enterprise owned or controlled by such government, any official of a political party, any official or employee of a public international organization, any person acting in an official capacity for, or on behalf of, such entities, and any candidate for political office. Failure by AFFINITYPLUS to comply with this clause's terms will constitute a material breach of this Agreement. 

12. DISCLOSURE  

These Terms and Conditions are available for reference during the Participation Period via the Credit Union's website. 

13. CONFIDENTIALITY

This Agreement contains, and the Parties may have access during its continuance, to information with respect to the business and affairs of the other Party, all of which information is private and proprietary to the respective Parties hereto (the “Confidential Information”). Each Party agrees that, except as provided below, it will not disclose to any person, firm or entity, or permit any such person to inspect, copy or distribute the other Party’s Confidential Information, without the prior written approval of the other Party hereto, which will not be unreasonably withheld or delayed. However, the Confidential Information may be disclosed to employees and agents of the Parties to the extent reasonably necessary for the performance by either Party of obligations herein.  This covenant shall survive the termination of this Agreement. “Confidential Information” shall not include information which: 

1. at the time of disclosure is or becomes a part of the public domain by publication or otherwise through no fault of the receiving Party; 

1. the receiving Party can show was in its possession at the time of disclosure; or  

1. is subsequently disclosed to the receiving Party by a third Party not known to be in breach of any obligation of confidentiality to the disclosing Party. 

By accepting the Terms and Conditions of this Agreement, Participants have consented to the processing of their personal data by AFFINITYPLUS for the sole purposes of the Promotion in accordance with the provisions of the Data Protection Act, 2019-29 of the laws of Barbados.  

14. TERM  

This Agreement shall commence as of the date of this Agreement and shall continue unless and until terminated by reasonable notice by AFFINITYPLUS (the “Term”).