MY WISHLIST TERMS & CONDITIONS

My WishList program (“My WishList” or “Program”) runs November 27 to December 13, 2007 (“Program Period”). Quantities on Hot Products and Featured Products (“Featured Items”) are limited and will be sold on a first-come, first-served basis. All products and Wish Certificates are subject to availability while supplies last. All My WishList offers are available only to eligible American Express® Cardmembers with a valid American Express Card account in good standing issued in the U.S.  All offers are subject to verification of eligibility. Offer items are subject to change at any time at the sole discretion of American Express. All sales are final and non-transferable, and all items are sold as is. You expressly understand and agree that any sales transactions made by you are solely between you and the merchant, with American Express only facilitating the transaction, and that American Express will transfer your billing and shipping information to the merchant for the purpose of fulfilling the sale. American Express does not make any warranties on the offer items, express or implied, and is not responsible for fulfillment of any applicable warranties or representations on items made by the merchant. All purchases must be charged to a valid American Express® Card account. Pre-Paid Cards cannot be used to purchase offer items.

 

Products and Offers Available on My WishList

American Express offers four great ways to participate in My WishList

1) Hot Products

Limited quantity, in-demand items at incredible prices. Available first-come, first-served while supplies last. Inventory is released three (3) times a day every day throughout the Program Period, except that only 2 Hot Products will be released on December 5, 2007, and no Hot Products will be released on December 13, 2007.

 

2) Featured Products

Great products at Cardmember-only prices. Inventory is available 24/7 throughout the Program Period, while supplies last.

 

3) Wish Certificates

High-value offer certificates for savings up to 25% at name-brand merchants, from Best Buy®, Hewlett-Packard, Restoration Hardware, Neiman Marcus, Land’s End®, eToys.com, Continental Airline Vacations, the UPS Store®, Kodak Gallery, JetBlue Airways®, Sports Authority®, Bed Bath & Beyond®, The Home Depot®, Loehmann's, and Borders®. Available first-come, first-served while supplies last. Inventory is released three (3) times a day every day throughout the Program Period. Restrictions apply. See terms and conditions for each Wish Certificate at the bottom of this page.

 

4) Exclusive Merchant Offers

Many exclusive Cardmember offers from top-name merchants.

Eligibility Requirements and Maximums

To be eligible for a WishList Hot Product, Featured Product, Wish Certificate, or Merchant Offer, you must be the holder of an American Express® Card in good standing issued in the United States.

1) Hot Products

There is a limit of one Hot Product, per household, per day. There is a maximum of four (4) Hot Products per household during the entire Program Period.

2) Featured Products

There is a limit of one Featured Product per merchant, per day.

3) Wish Certificates

There is a limit of one Wish Certificate per merchant, per household, per day. There is a maximum of four (4) Wish Certificates per household, during the entire Program Period.

4) Exclusive Merchant Offers

There is no limit or maximum restrictions.

 

General Conditions

 

Visit amexnetwork.com/mywishlist. If you choose to make a purchase, you will be asked to complete billing and shipping information including your name, address, city, state, zip code, e-mail address, valid American Express® Card account number that is in your name, and a daytime phone number. Once your American Express® Card number and name are validated, you are eligible to purchase a Featured Item during that item's offer period and while supplies last. Your purchase request will not be completed until your information is verified and a confirmation e-mail is sent. Your first name and the first letter of your last name, plus the city and state in which you reside, may be used by American Express for promotional purposes, e.g., Joe S. from Tampa, Florida. Items available for purchase are subject to change without notice.

The My WishList offers and special pricing are available only at amexnetwork.com/mywishlist while supplies last and cannot be accessed by any other means. American Express reserves the right to modify, suspend, or terminate any offer or the Program if any fraud, technical failures, or any other factor impairs the integrity or proper functioning of the Program, as determined by American Express in its sole discretion. In the event an offer or the Program is modified, suspended, or terminated, American Express will provide notice thereof on the website. American Express is not responsible for any computer virus or damage caused to Cardmember's computer by accessing the website. Cardmembers are solely responsible for applicable taxes, including but not limited to sales tax, luxury tax, titling and licensing of vehicles, and any and all taxes associated with a purchase. The appropriate shipping and handling fees are the responsibility of the Cardmember and will be applied to all orders prior to completing the purchase transaction. See each product for details on product shipping costs and delivery time frames. American Express is not responsible for undeliverable products or Wish Certificates.

If product shipped from American Express fulfillment vendor (Maritz) is damaged upon receipt, Cardmember has 14 days from receipt of delivery to report the damage. American Express is not responsible for damage to products if Cardmember fails to report the damage within the 14-day period. Note that not all products are fulfilled through American Express or its fulfillment vendor and American Express is not responsible for third party merchants or fulfillment.

American Express reserves the right at its sole discretion to disqualify any individual suspected of tampering with the purchasing process or the operation of the Program or Website, or to be acting in any manner deemed by American Express to be unsportsmanlike or disruptive or with intent to annoy, abuse, threaten, or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM AND/OR A SALE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, AMERICAN EXPRESS RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

American Express, its agencies and participating merchants are not responsible for: (1) any incorrect or inaccurate information, whether caused by Cardmembers, printing, typographical, or other errors, or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the purchase process or the Program; (4) computer, mechanical, technical, printing, typographical, or human or other errors which may occur in connection with the administration of the Program or the processing of the purchase requests or transactions; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Cardmembers’ participation in the Program or receipt or use or misuse of any product, Wish Certificate, or other offer made. 

Cardmembers agree to these Terms and Conditions, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors, and assigns (“Releasing Parties”), release, defend and hold harmless the American Express and its affiliated companies, its agencies, and participating merchants, as well as the employees, officers, directors, and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims, and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have, or hereafter can, shall, or may have which in any way arise out of or result from Cardmember’s participation in this Program, including any travel related activities. Cardmembers assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Program or use of any product or service purchased or received in this Program.  This Program shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Cardmembers hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Program or these Terms and Conditions shall be resolved, upon the election by the Cardmember or American Express, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER AMERICAN EXPRESS NOR THE CARDMEMBER WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT THE CARDMEMBER WOULD HAVE IF THE CARDMEMBER WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis.  THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED. The arbitrator’s authority to resolve Claims is limited to Claims between American Express and the Cardmember alone, and the arbitrator’s authority to make awards is limited to awards to American Express and the Cardmember alone.  Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.

ULTIMATE WISH GIVEAWAY - Official Rules (The “Promotion”)

This Promotion is intended for viewing and participation in the 50 United States and the District of Columbia only and shall be construed and evaluated according to the laws of the 50 United States and District of Columbia. Please do not enter if you are not a legal resident of, and not located in, one of the 50 United States or the District of Columbia at time of entry.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

1. Promotion Periods: The Promotion will be divided into four (4) periods (each a “Promotion Period”), as follows (all times Eastern Standard Time):

 

2. Eligibility: The Promotion is only open to legal residents of the 50 United States or the District of Columbia who are 18 years of age or older who are holders in good standing of an American Express® Card issued in the United States prior to November 1, 2007. Persons in any of the following categories are NOT eligible to participate: any person who, at any time on or after November 1, 2007, was or is a director, officer, employee, or agent of American Express Travel Related Services Company, Inc. (“Sponsor”), JetBlue Airways Corporation, Volvo Cars of North America LLC, or any of their respective parents, subsidiaries, divisions, or affiliated companies, dealers, or service agencies, independent contractors, web hosting or service or fulfillment providers, and persons who are or purport to be immediate family members (defined as biological or step-mother, father, sister, brother, daughter, son, or dependent or spouse of any of the foregoing) of any such persons regardless of where they live, and any other persons residing at the same household location, whether related or not.  This Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited

 

3. How To Enter And Play: Visit www.amexnetwork.com/ultimatewish (the “Promotion Website”) during any of the Promotion Periods and enter your eligible American Express® Card information. Receive (1) entry to the Promotion by clicking the “GO FOR IT” button for a chance to instantly win the prize featured during the applicable Promotion Period (see Rule #5 for applicable prizes). You may enter as many times as you like by pressing the “GO FOR IT” button during the applicable Promotion Period. Your entry constitutes your consent to participate in this Promotion and your consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Promotion and in compliance with Sponsor’s privacy policy, found at www.amexnetwork.com/privacy.html

 

4. Winner Selection: The first entrant to click “GO FOR IT” on or after a random time condition is met will be the Potential Prize Winner for the applicable Promotion Period. Each Promotion Period will automatically end as soon as an entrant becomes a Potential Prize Winner. Potential Prize Winners will be taken to the Sponsor’s e-commerce website, where they will be instructed to provide information for verification of their eligibility. If a Potential Prize Winner is found ineligible in the sole discretion of Sponsor, his/her unclaimed prize will be awarded by random drawing from among all other eligible entries received during the applicable Promotion Period. Each of the four Instant Win Prizes is randomly time-seeded throughout the applicable Promotion Period and awarded to the person who presses the “GO FOR IT” button at the exact time the prize is randomly seeded (the “Winning Time”), or the closest time following the Winning Time if no entrant pressed the button at the Winning Time. The time when you press the “GO FOR IT” button during the applicable Promotion Period (as received, recorded and timed by the Promotion Website technology) will solely determine whether or not you are a Potential Prize Winner. The time when you press the “GO FOR IT” button and the number of entries received during the applicable Promotion Period will determine the odds of winning. All Potential Prize Winners are subject to verification of eligibility under these Official Rules.

 

5. Prize: There will be one (1) Instant Win Prize awarded each Promotion Period, as follows:

Promotion Period #1:
One (1) “JetBlue Airways Private Flight” (“JetBlue Prize”). JetBlue Prize includes a roundtrip coach class flight for up to 150 passengers on JetBlue Airways (“Flight Prize”).  Approximate retail value (“ARV”) of Flight Prize is $111,367.00, depending on place of departure, destination, and flight dates. Winner is responsible for state and federal income taxes that apply to the JetBlue Prize, as well as air taxes and fees noted below. $60,000.00 will also be awarded to help offset expenses and taxes on the JetBlue Prize. Total ARV of JetBlue Prize is $171,367.00.  Flight Prize is subject to applicable laws, regulations, and operating authority as required by the Federal Aviation Administration, Department of Transportation, and any applicable foreign country.  Winner must execute standard JetBlue charter contract before Flight Prize will be awarded.  Failure to agree to terms and execute contract will result in forfeiture of Flight Prize.  Winner is not permitted to sell seats or otherwise accept consideration for seats on Flight Prize.  Flight Prize must originate from an airport served by JetBlue (excluding airports served by Codeshare or Alliance Partners) to any other airport served by JetBlue within 2,700 statute air miles.  No stopovers are permitted except for JetBlue operational reasons. Flight must be booked at least 60 days prior to desired date of scheduled departure.  The flight must be completed no later than November 19, 2008. The following blackout dates apply and travel may not take place on those dates: February 14, 2008-February 24, 2008, March 13, 2008–March 31, 2008, April 17, 2008–April 27, 2008, June 20, 2008–July 14, 2008, July 15, 2008–August 18, 2008. The outbound and return flights must be no more than 7 days apart.  Once flights are booked, Winner may not make any changes to the flight schedules.  If Winner cancels outbound flight, return flight, or entire roundtrip flight, Winner forfeits all rights to Flight Prize and Flight Prize will not be rescheduled although the remainder of the JetBlue Prize will be awarded.  All flights are subject to aircraft availability. Flight will be operated at JetBlue’s sole discretion using an Airbus 320 or an Embraer 190 depending on the number of passengers, aircraft availability, and operational reasons.  JetBlue reserves the right to substitute different aircraft at any time depending on operational needs.  Winner agrees that JetBlue’s Contract of Carriage, Tariffs, and charter contract will apply to Flight Prize.  If Winner books flight to an international airport served by JetBlue, each passenger is responsible for (a) paying taxes, including Passenger Facility Charges of up to $9.00 each way, September 11th Security Fees of up to $5.00 each way, a Federal Segment Tax of $3.40 per domestic segment (a segment is a takeoff and landing) and international government fees and taxes of up to $75.90 each way depending on the destination; (b) complying with all requirements regarding documentation (passport, visa, etc.), and (c) providing to JetBlue at least two weeks in advance of the outbound scheduled flight required information for Advance Passenger Information Screening for U.S. Customs and Border Patrol.  Failure to comply with any of these requirements or applicable laws or regulations will result in JetBlue denying boarding and may result in forfeiture of Flight Prize. Standard JetBlue provisioning (assorted snacks and drinks) will be provided.  Alcohol is provided to passengers 21 years of age or older at an extra cost to the passenger. Extra catering is not included. Flight Prize flight is not eligible for TrueBlue Points, denied boarding compensation, or compensation under the Passenger Bill of Rights.  Winner and guests must have all necessary identification and/or travel documents required for travel. If any of the Winner's guests is a minor, he/she must be accompanied by parent or legal guardian who must sign and return all required documentation.  As a condition for travel, Winner must return to Sponsor a Release of Liability provided by Sponsor, executed by each passenger (or if a passenger is not of the legal age of majority in his/her state of residence (“minor”) their parent or legal guardian) within 10 days of booking the Flight Prize and prior to ticketing.

 

Promotion Period #2:
One (1) model year 2008 Volvo C30 Version 2.0 automobile, consisting of Cosmic White metallic exterior with Java Pearl body kit; Kalix Offblack/Quartz Textile/T-tech Upholstery, Offblack interior; Five-speed automatic transmission with Geartronic; Power glass moonroof; and Power driver's seat (“Prize Vehicle C30”). ARV of Prize Vehicle C30: $29,820.00. 

Promotion Period #3:
Same Prize Vehicle C30 as Promotion Period #2. ARV is $29,820.00.

Promotion Period #4:
One (1) model year 2008 Volvo C70 T5 automobile, consisting of Silver metallic exterior; Off Black leather interior; Five-speed automatic transmission with Geartronic; and Premium Package which includes leather seating surfaces, compass in rearview mirror and Homelink (“Prize Vehicle C70”). ARV of  Prize Vehicle C70: $43,205.  

For all Prize Vehicles:Any upgrades and options are at the sole expense of each winner. Color, package, factory options, and other prize specifics to be determined by Sponsor and are subject to availability. Sponsor does not make, nor is in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any Prize Vehicle, including but not limited to its quality, fitness for purpose or mechanical condition. Winners (or their parent or legal guardian, if Winner is a minor) must have proof of insurance and a valid U.S. driver’s license to take delivery of the Prize Vehicle; failure to show same may result in prize forfeiture and selection of an alternate Winner. Winners will be fully responsible for all optional equipment, car title, license, emissions inspection, insurance and registration fees required in claiming the Prize Vehicles, applicable taxes as well as gasoline, vehicle maintenance, and all other fees and expenses relating to the receipt and use of Prize Vehicles, including any travel and transportation costs associated with collecting the Prize Vehicles. All additional car options will be the responsibility of the Winner. Winner must take delivery at an authorized Volvo dealership designated by Volvo Cars of North America, LLC within ninety (90) days of notification. Prize Vehicles will be awarded provided they are properly claimed. No substitution, cash redemption, assignment, of Prize Vehicle permitted, but Volvo Cars of North America, LLC reserves the right to substitute a Prize Vehicle of equal value in the event that an offered prize is unavailable for any reason. The interior and exterior colors of each Prize Vehicle will be determined by Volvo Cars of North America, LLC, and Winner cannot make any color substitutions. Entrants acknowledge that the stated parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize Vehicle, including but not limited to its quality, mechanical condition or fitness for a particular purpose, except the Prize Vehicles include Volvo Cars of North America’s standard vehicle limited warranty as set forth in the vehicle’s Owner’s Warranty Information Guide.  Delivery of a Prize Vehicle is subject to manufacturer, distributor, and dealer manufacturing, production, and delivery schedules.

Total approximate retail value of all prizes: $274,212.00. Actual retail value of all prizes will depend on the place of departure, destination, and flight dates for the JetBlue Prize. Prize Vehicle awarded may differ from any vehicle shown in promotional materials. Prize Vehicle may not be transferred or assigned. No cash or other substitution may be made. Winners will be responsible for all applicable taxes (not limited to federal, state, local, and/or income) on prizes and will be required to provide their Social Security number for tax reporting purposes. An IRS Form 1099 will be filed with the Internal Revenue Service for the fair market value of total prize awarded. Except where prohibited by law, acceptance of Prize constitutes permission for Sponsor, JetBlue Airways Corporation and Volvo Cars of North America LLC to use Winners’ names, hometowns, photographs or other likenesses, voices, and statements relating to the Promotion or Sponsor and other personally identifiable information for promotional, advertising, and marketing purposes in any media now known or hereinafter developed without territorial or time limitation, except where prohibited by law, without additional prize, incentive, consideration, consent, or review; and upon request, Winners will provide written consent to such use.

Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the Winner’s responsibility. All prize details are at the Sponsor’s sole discretion.

 

6. How to Claim Your Prize: Sponsor will notify Potential Prize Winners by mail or telephone and Potential Prize Winners will be required to execute and return an affidavit of eligibility, publicity release (except where prohibited), liability waiver, and IRS Form W-9 (collectively “Affidavit”) within 10 days following issuance. If a prize is won by a minor, the Winner's parent or legal guardian will be required to execute the Affidavit and return all required documentation outlined herein and otherwise comply with all requirements imposed on Winner set forth herein on the minor’s behalf. In the event of a dispute, prizes will be awarded to the primary Cardmember (as determined by the American Express customer financial institution's account records and subject to said financial institution's timely identification of the primary Cardmember) named on the account accessed by the American Express® Card used to make the entry. In the event a corporate American Express® Card winning account is selected, prize will be awarded to the individual named on the American Express® Card that is used to transact the winning entry (as determined by the American Express customer financial institution's account records and subject to said financial institution's timely identification of the individual named on the applicable American Express® Card). If the awarding of a prize is in conflict with corporate written policy or not feasible after Sponsor's good faith effort to obtain Cardmember contact information from the applicable American Express customer financial institution, Prize will be forfeited and an alternate Winner may be selected. Limit one prize per Cardmember, immediate family member, or household. If a Potential Prize Winner is found to be ineligible, declines to accept a prize, or Sponsor is unable to contact a Potential Prize Winner within a reasonable period, or in the event that a prize confirmation or prize is returned undeliverable or if Potential Prize Winner fails to execute or return the Affidavit within 10 days of issuance, the prize will be forfeited and, at the Sponsor’s sole discretion, prize may be awarded to an alternate Winner in a random drawing from all entries received during the corresponding Promotion Period. Potential Prize Winners (or parent/legal guardian where applicable) may be required to furnish proof of identification.

Allow up to 30 days for verification and instructions on how to book the Flight Prize or receive delivery of your Vehicle Prize. Sponsor and its designees shall not be held responsible for any delays in awarding prizes for any reason outside of their control. Prizes will only be awarded to verified Winners.

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Conditions of Entry

7. Entrants agree to these Official Rules and the decisions of the judges and the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors, and assigns (“Releasing Parties”), release, defend, and hold harmless the Sponsor and its affiliated companies, JetBlue Airways Corporation and Volvo Cars of North America LLC, and all other businesses involved in this Promotion, as well as the employees, officers, directors, and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims, and demands whatsoever, in law, admiralty, or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance, and use or misuse of prize, including any travel related activities. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Promotion or use or redemption of any prize. This Promotion shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Promotion or these Official Rules shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the entrant.  IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.

8. Without limiting the foregoing, everything on the Website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. ENTRANTS HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties; check your local laws for any restrictions regarding these limitations or restrictions.

9. All entries become the property of Sponsor and in no case shall be returned to entrants. Released Parties are not responsible for lost, incomplete, late submissions of entries or other materials; any error, omission, interruption, defect, or delay in transmission, transaction processing, or communication; technical or mechanical malfunctions; errors in these Official Rules, in any Promotion-related advertisements or other materials; human-processing error; failures of electronic equipment, computer hardware or software; or inaccurate entry information, whether caused by equipment, programming used in this Promotion, human error, or otherwise. Proof of transmission (screenshots or captures of game play, etc.) and/or mailing does not constitute proof of delivery. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Promotion. Sponsor reserves the right, in its sole discretion, to terminate, modify, cancel, or suspend this Promotion at any time, if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper participation of the Promotion and, if terminated, award the prize from among all eligible, non-suspect Promotion entries received up to time of cancellation via random drawing to award the advertised prize.

10. The Sponsor reserves the right to disqualify any entrant’s registration in the Promotion (and void all associated entries) or entitlement to a prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the contest by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed, or any other automated means). Entrants who have not complied with these Official Rules are subject to disqualification.

Promotion operation:

11.Released Parties do not warrant that access to the Promotion will be uninterrupted. Released Parties are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, Websites, or other connection, availability, or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other error in the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion.

Disclosures:

12. Any attempt by an entrant or other individual to deliberately damage any Website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified and will forfeit any prize(s) won.

13. If a dispute arises relating to prize won, the Sponsor will compare the pre-generated promotion data with the data you are presenting or have generated. Ultimately it will be the results of the Sponsor’s analysis which will determine your entitlement to any prize. The review of any such dispute will not commence prior to two weeks following the Promotion end date noted herein. In the event the Sponsor’s analysis reveals valid prize claims are greater than the number of prizes available as set forth in these Official Rules, then Sponsor reserves the right to conduct a random drawing amongst all eligible prize claimants whose claims have not yet been redeemed, to award the remaining number of advertised prizes in the prize category in question. Prizes will stop being awarded in the event Sponsor becomes aware of an error respecting the number of prizes. In no event will the Sponsor be liable for more than the stated number of prizes available in the prize category in question.

14. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules shall prevail.

15. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor’s employees are not authorized to waive, modify, or amend any provision or provisions of these Official Rules in any manner whatsoever.

16. This Promotion is solely sponsored by American Express Travel Related Services Company, Inc., American Express Tower, World Financial Center, New York, New York 10285.

17. To receive a list of Prize Winners, send a self-addressed, stamped envelope to be received no later than December 13, 2007, to American Express, P.O. Box 320, New York, NY 10008. Winners’ list will be sent after the prizes have been awarded.

18. To review Sponsor’s privacy policy, please visit amexnetwork.com/privacy.html to see how personal information obtained in connection with this Promotion is used.

WISH CERTIFICATE TERMS & CONDITIONS:

Neiman Marcus:
The value of your order must total $500 before shipping and tax and tender type must be an American Express Card. Offer applies to NeimanMarcus.com orders only and must be placed by midnight (CT) 12/15/07. Gift card will be delivered via the e-mail address that is used when placing your order. Returned merchandise will reduce the amount available on gift card. Offer will be e-mailed with redemption instructions within 2 weeks. Gift card must be redeemed within 6 months of receipt date. Gift card amount will be awarded based on merchandise total only: sales tax, gift wrap, and delivery and processing charges will not count towards gift card amount. Limit one offer per visit.

eToys:
Offer valid when you pay with any American Express® Card. Valid for online only. Offer expires January 31, 2008.  For one-time use only.  Offer good for 20% off single receipt order before shipping, taxes, and handling are calculated. Savings excludes shipping, handling surcharges, taxes, gift cards, video game consoles (including without limitation: PlayStation 3, PlayStation 2, Xbox 360, Nintendo Wii, Nintendo GameCube, PlayStation Portable, Game Boy Advance SP, Nintendo DS, Nintendo DS Lite, Game Boy micro) and select electronics (all iPods). Offer not valid towards previous orders and cannot be combined with any other coupon. Certificate has no cash value. 

The Home Depot®:
To redeem this offer, qualifying purchase must be charged in full to any American Express®  Card. Certificate must be presented at time of purchase. Offer subject to customer credit approval.  The offer is redeemable for a 20% savings on a single receipt in-store purchase only at the Home Depot US stores when made with any American Express Card.  Maximum discount of $400 based on credit line. Not valid on (a) labor or Self-Furnish and Install (“SF&I”) and Furnish and Install (“F&I”) program products, including without limitation roofing, windows, siding, HVAC products, custom closets, storage solutions, installed sheds or structures; (b) the purchase of The Home Depot Gift Cards or Certificates; (c) prior purchases; or (d) Consumer Electronics (including, but not limited to, televisions, DVD players, speakers, home theaters, cellular phones, etc.), John Deere, Cub Cadet, Little Giant Ladder Systems®, Thermador® in select markets, Gaggenau®, Miele®, Dacor®, Viking®, Fisher&Paykel®, Sharp Insight™, Delonghi®,  Casablanca®, Hunter Prestige®, Buckhaven,  Weber, Lynx, Alfresco, OCI, Marvel, Bertazzoni, Aga, and Vent A Hood products and trade styles; or (e) purchase from any The Home Depot affiliate store rights reserved. Offer valid 11/27/07-1/15/08.

Best Buy®:
To redeem this offer, purchase must be charged in full to any American Express® Card. Offer available with select categories: TVs $399 and up, DVD players/recorders, Blu-ray Disc and HD DVD Players, home audio, Audio & Video Accessories, furniture $99 & up, Home Theater Installation by Geek Squad®, also valid at Magnolia Home Theater, major appliances, small appliances, vacuums, microwaves, desktop computers, notebook computers, monitors, and projectors. Excludes Bose®; Magnolia Home Theater products: Bose®, Sonos, Vienna Acoustics, Tivoli Audio, MartinLogan, BDI furniture, Magnolia Guaranteed Performance Agreement and special order merchandise; Samsung 81, 89, and 94 series TVs; Power Price TVs, Home Theater Delivery; Apple® products and special order, clearance, demo and open-box items.
This Wish Certificate need not be presented at the time of purchase. Valid only at Best Buy stores in the U.S. and at BestBuy.com®. Limit one offer per Cardmember, per household. Not good in combination with any other Certificates or offers. Not valid on prior purchases and only good on single qualifying purchase of $600 or more. Valid on in-stock items only. No rainchecks. No dealers. Cash value is 1/100th of one cent. Allow 4-5 weeks from date of transaction for delivery of your Best Buy Gift Card by mail. Best Buy, the Best Buy logo and the tag design are trademarks of Best Buy Enterprise Services, Inc. Gift Card will be awarded on a single qualifying purchase of $600 or more. Offer does not include tax. Limit one award per Cardmember. Other restrictions may apply. This offer is valid on purchases 11/27/07 ­ 1/15/08.

Loehmanns:
Offer valid when you pay with any American Express® Card. Not valid on prior purchases, gift cards, and cannot be combined wth any other offer or coupon.  Certificate must be presented at time of purchase.  No copies or reproductions accepted.  Limit one offer per Cardmember.  Loehmann's employees & their families are not eligible.  Valid in store only. Offer expires January 15, 2008.

Bed Bath and Beyond®:
Offer valid when you pay with any American Express® Card.  Limit one to a customer per visit. No copies, please. Not valid with any other offer.  Certificate must be surrendered at time of purchase.  Not valid for the purchase of gift cards, All Clad, Nautica®, Tempu-Pedic®, Wusthof®, AeroGrow, Margaritaville® and the Sharper Image.  Not valid on Wedgewood®, Lenox®, Waterford®, Vera Wang, Nambe®, Riedel, Orrefors Kosta Boda, Oreck®, Capresso, Miele, Kate Spade, Swarovski, Versace, Alessi, Richard Ginori, iJoy™ and Frette Home products (where available). See store for details. Offer expires January 31, 2008.

Borders:
Valid with American Express®card only. Savings combines with all in store sale pricing and promotions. Excludes previous and online purchases, gift cards, periodicals, comics, non-stock special orders, coupon books, digital downloads, Rosetta Stone® items, shipping, and all electronics, including the Sony® Reader and the ZuneTM. Discount on DVDs is 20%. May not be combined with other coupons, or corporate, classroom, or other group discounts. Original certificate must be relinquished at time of purchase. Single use certificate. One certificate per customer during the valid period. Cash value .01¢. Not redeemable for cash. Void if copied, transferred, and where prohibited by law. Any other use constitutes fraud. Offer expires January 15, 2008.

Sports Authority:
Offer valid when you pay with any American Express® Card. Present this certificate at time of purchase. Vaid for in-store only.  Offer expires January 31, 2008.  Limit one per Cardmember per visit and off a single purchase. No copies, please. Maximum savings of $100.

Restoration Hardware:
Offer valid when you pay with any American Express® Card. Wish Certificate does not need to be presented at time of purchase.  Valid for all store locations and outlet stores, online, and phone (1-800-762-1005) purchases.  For one-time use only on single receipt purchase.  Restoration Hardware Gift Certificates are not redeemable online. Restoration Hardware Gift certificate will not be rewarded if purchase is refunded or exchanged for lesser value. Make your purchase, and the gift certificate will be mailed to you within 4-5 weeks of your purchase. Offer expires January 15, 2008.

The UPS Store:
American Express® branded reward Card can be used at participating The UPS Store® locations that accept American Express® Cards. Free reward card valid for in store purchases only.  The UPS Store centers are independently owned and operated by licensed franchisees of Mail Boxes, Etc®. Inc., an indirect subsidiary of United Parcel Service of America, Inc a Delaware Corporation.  Services and hours of operation vary by location.  © 2007 Mail Boxes, Etc., Inc.  American Express® branded reward Card valid through 6/30/2008.

Continental Airline Vacations:
Offer valid when you pay with any American Express Card. Offer expires December 31, 2007. Limit one offer per Cardmember. For new reservations between November 27, 2007, and December 31, 2007, for travel November 27, 2007, through August  31, 2008. No blackout dates. Based on double occupancy.

Lands End®::
The Lands' End certificate is redeemable for merchandise and services in Lands' End consumer catalogs, including Home, Women, Men and Kids, at landsend.com, Lands' End stores or at participating Sears, Roebuck and Co. store locations in the United States and Puerto Rico. It cannot be redeemed for cash or applied to your Sears credit accounts except where required by law. To receive this offer, purchase must be charged in full to any American Express® Card. Offer expires January 31, 2008.

Hewlett-Packard:
Offer valid only when you pay with any American Express® Card. Valid for HP Home & Home Office (www.hpshopping.com) internet and call center purchases only. Each Wish certificate code is limited to one usage per customer; one certificate code per checkout. Offer void where prohibited, taxed or restricted by law. Non-transferable. Not valid retroactively on previously purchased items. Not valid for any resale activity as defined by HP Home & Home Office Store. Certificates may not be used to purchase gift cards. Not valid on instant rebates or clearance sales. May not be permitted with certain bundle offers. Not valid on: Academic and Employee purchase programs, HP Employee purchase program, Refurbished products, Extended Service Plans, Compaq Presario and HP Pavilion desktops with Intel Celeron or AMD Sempron processors or Compaq Presario C700T or V6500Z customizable notebooks. Offer expires January 31, 2008. For complete certificate conditions, see "Coupon Information" in the "Customer Service" section at www.hpshopping.com.

Kodak Gallery:
Offer valid only when you pay with any American Express® Card. Use certificate code at checkout to redeem. One certificate redemption per customer. 25% off does not apply to Gift Certificates, Kodak EasyShare Gallery Premier Service, KODAK Mobile Service. Cannot be combined with other offers in one order. No substitutions, transfer rights or cash equivalents will be given. One certificate per customer. Certificate code or savings valid only on www.kodakgallery.com.

JetBlue Airways:
Terms and Conditions for JetBlue Gift Cards: Gift Cards may be used on jetblue.com or by calling 1-800-JETBLUE.  Gift Cards have no value until activated by JetBlue or cashier at time of purchase and will not be accepted if the card is invalid, has not been activated, or cannot be found within the JetBlue system. Gift Cards have no expiration date and purchases are not refundable. Up to four Gift Cards may be used per transaction. Gift Cards may not be used toward the purchase of a JetBlue Getaways Vacation Package, JetBlue merchandise at ShopBlue, hotel rooms or rental cars through Worldwide Travel Exchange, or for other products or services that are sold separately, such as changes to flights, Gift Cards, the purchase of in-flight movies, headsets, or beverages. However, excess baggage fees, pet handling fees, unaccompanied minor fees, or other similar fees may be purchased with a Gift Card when redeemed through 1-800-JETBLUE. Gift Cards are transferable until deactivated. However, Gift Cards may not be sold, bartered, or otherwise exchanged for money or other consideration.  Gift Cards are not redeemable for cash or credit. Any JetBlue flight purchased with a Gift Card is subject to JetBlue's Contract of Carriage and, if applicable, tariffs on file with the Department of Transportation. Gift Cards are not credit or debit cards and carry no implied warranties.  JetBlue is not responsible for lost or stolen Gift Cards. If lost or stolen, Gift Cards may be replaced with the remaining balance upon showing proof of original purchase.  To check the balance on your Gift Card, please call (800) 540-4062. Gift Cards can be purchased in any amount between U.S. $10 and $1,000 on jetblue.com, and may not be purchased with credit or charge cards that have a billing address outside the U.S. Gift Cards cannot be shipped internationally, or to P.O. Boxes or APO/FPO addresses. Gift Cards redeemed for travel are not refundable and, subject to JetBlue’s Contract of Carriage, may be held as a credit for up to one year. Your JetBlue gift card will be emailed to you within 5 business days. ©2007 JetBlue Airways.