New England Patriots^TM Extra Points^TM Rewards Program Rules

1. General.  This document contains the terms and conditions of the Patriots Extra Points Rewards Program (the "Card Program") and includes information describing eligibility for participation, how to earn Patriot Extra Points Reward points ("Points", redeem Points for experiences, collectibles, and/or merchandise ("Rewards"), and more (the "Card Program Rules").  Please read the Card Program Rules carefully.  Any use of your Patriots Extra Points Rewards credit card account (the "Card") will constitute your acknowledgement of, and agreement with, each of the terms described below and the terms of the Credit Card Agreement, including its provisions regarding the use of arbitration to resolve Claims (as defined in the Credit Card Agreement) as well as these Card Program Rules.  The Card Program Rules are not part of the Credit Card Agreement.

2. Program Administration.  The Card is issued and administered by Bank of America ("Bank of America")  Carlson Marketing Group, Inc. ("Carlson") manages the redemption of Points. The New England Patriots L.P. (the "Patriots") manages the fulfillment of Point redemptions only upon instructions from Carlson, Bank of America, or other Bank of America designee. The Patriots do not manage Point redemptions directly.  Accordingly, questions regarding the administration of the Card Program and point redemption should be directed to Carlson at the web address and/or phone number listed below at the end of the Section entitled "Earning Points."

3. Eligibility.  To participate in the Card Program, the Card must be open and have active charging privileges.  Corporations, partnerships, trusts, foundations, and other entities or organizations may not participate in the Card Program.  To participate in the Card Program, the Cardholder must be a natural person legally residing within the United States or the Commonwealth of Puerto Rico and be at least 18 years of age.  Each cardholder, joint cardholder, and authorized user(s), if any (referred to as "Cardholder(s)," "Participant(s)," "you," or "your") with a Card may earn and use Points.   Bank of America and/or the Patriots reserve the right to disqualify any Cardholder from participation in the Card Program and/or from claiming Card Program benefits, if, in the sole judgment of Bank of America and/or the Patriots, any Cardholder has violated applicable laws or regulations, fails to comply with Card Program Rules, including any revisions or amendments thereof, or if his or her actions constitute fraud.  Disqualification may result in termination of a Cardholder's participation in the Card Program, termination of the participation of other persons with the same account, and/or loss of Points prior to their redemption.

If your participation in the Card Program ends and you are otherwise credit eligible, Bank of America may, at its discretion issue a replacement credit card account to you.  A replacement credit card account will not provide you with access to Card Program features, including Points associated with use of the Card.

4. Earning Points.  Eligible Cardholders are eligible to earn Points based upon authorized eligible transactions made using a Patriots Extra Points Rewards Platinum Plus or Preferred credit card issued by Bank of America.  Cardholders may earn one (1) Point for every one dollar ($1.00) in eligible new net retail purchase transactions (purchases less credits, returns, and adjustments) charged to the Card during each periodic billings cycle ("Billing Cycle") by the Cardholder and authorized user(s), if any ("Net Purchases").  Fractions of dollars shall be rounded to the nearest whole dollar.  New Cardholders are eligible to earn Points as of the date Bank of America mails the Card and the Credit Card Agreement to you.  The earnings rate may change from time to time.

5. Unauthorized Transactions.  Unauthorized and/or ineligible transactions do not earn Points. Unauthorized transactions include, but are not limited to, transactions made with a lost, stolen, canceled, or fraudulent credit card.  Returns, or other transactions subject to credit or adjustment; balance transfers, bank cash advances, direct deposit cash advances, credit card cash advance check transactions, Automated Teller Machine (ATM) withdrawals; credit insurance, credit protection, or debt cancellation charges; finance charges; late, over-the-limit, returned check, cash advance, and similar transaction fee charges; purchases of money orders, person-to-person money transfers, wire transfers, bets, lottery tickets, casino gaming chips, and other similar transactions are ineligible transactions.  All transactions made with the Card are subject to authorization and/or verification by Bank of America.

6. Earnings Statements; Expiration of Points.  The periodic billing cycle statement (the "Statement") sent to you by Bank of America will report the number of Points earned during each Billing Cycle and the cumulative number of Points available, which is the sum of all unexpired earned Points minus any previously redeemed Points. Points are not eligible for use until they have appeared on a Statement.  Points have no intrinsic cash value, are non-negotiable, and cannot be redeemed for any benefit except currently available Rewards.  Points are not property of any Cardholder or other person and may not be brokered, bartered, attached, pledged, gifted, sold, or transferred under any circumstances, including, but not limited to: disability; death; upon operation of law; or in connection with any domestic relations dispute and/or legal proceeding. Neither Bank of America, nor Carlson, nor the Patriots will have any liability for disagreements between or among Cardholders regarding Points. Your Points may not be combined with anyone else's Points and Points cannot be transferred between any credit card accounts issued by Bank of America.  Points cannot be used to pay off or pay down any credit card balance.

Subject to your credit line, there is no limit to the number of Points you may earn while participating in the Card Program. Points accumulate for a maximum of sixty (60) Billing Cycles and then expire.  For example, at the end of the sixty-first (61st) Billing Cycle, Points earned during the first Billing Cycle will expire and Points earned during the sixty-first Billing Cycle will accumulate. 

If you are an Bank of America Customer and your credit card account is converted to the Card Program, you are eligible to earn Points as of the first day of the Billing Cycle beginning after you receive your new Card(s).

7. Questions; Disputes.  Questions or disputes concerning Points will be resolved in accordance with the Program Rules in effect when the relevant purchase transaction is posted to your Card. All discrepancies regarding Points must be brought to the attention of Bank of America within six (6) months from the posting date of the transaction for which the adjustment is sought.  Such discrepancies are not the same as billing disputes and the separate resolution requirements that are applicable to them.  Refer to your Statement for details about billing disputes. If a transaction is subject to a billing dispute, the Points value of the transaction will be deducted from the Points total during the dispute period.  If the transaction is reinstated, the Points will be reinstated.

Questions regarding the accrual of Points and the reporting of earned Points to Carlson will be resolved by Bank of America.  Contact Bank of America by calling the toll-free telephone number on the back of your credit card.  Questions regarding Points redemption will be resolved by Carlson (1-866-PATS-FAN).

8. Redeeming Points.  Points can be redeemed by calling Carlson at (1-800-PATS-FANS).  The Patriots cannot redeem Points without instructions from Carlson.  You must earn a minimum of one thousand five hundred (1,500) Points before you can request a Reward.  Multiple Rewards may be redeemed at one time if you have earned a minimum of three thousand (3,000) Points.  Points may be redeemed in various amounts between one thousand five hundred (1,500) points and one million (1,000,000) points for various Rewards then available, which currently include certain Patriots merchandise, Patriots collectibles, and Patriots-based experiences and/or experiences at Gillette StadiumTM.  A list of all current Rewards is available by visiting Patriots.com and clicking on the Extra Points Rewards Program link or by calling Carlson at 1-866-PATS-FAN.

Participants should keep a copy of all items submitted in connection with each Points claim.  Illegible or incomplete Points claims will not be accepted.  All Points are subject to final verification by Bank of America and Carlson, whose decisions are final.

All redemptions are final and will be debited from your accumulated Points immediately upon redemption.  All Rewards are subject to availability. Neither Bank of America, nor Carlson, nor the Patriots are responsible for defective items or mishaps of any products ordered; all responsibility lies with the original manufacturer.

Any unexpired accumulated Points that are not redeemed by you will be carried forward to the next month's Points total.  Any Points remaining unused upon expiration or account termination will be forfeited.

Requests to redeem Points may be made by the Cardholder/or and the authorized user(s), if any.  Decisions made by Bank of America/Carlson regarding Points redemption shall be final.  Neither Bank of America nor Carlson nor the Patriots shall have any liability for fulfilling Reward requests in good faith in response to any person claiming authority to act on your behalf.  All Rewards will be shipped to the Card billing address.

9. Privacy.  Each Cardholder consents to and authorizes Bank of America, Carlson and the Patriots, any of their respective parent companies, subsidiaries, affiliates, and any nonaffiliated third parties with whom any of the foregoing contract in order to manage the Card Program, to share information about the Cardholder and the Card (including the Card Program component) as necessary to effect, administer, enforce, service, or fulfill the terms of the Card Program and for other Permitted Purposes.  The Cardholder's consent and authorization shall be effective while the Card is open and has active charging privileges, and shall not be superseded by any future privacy statement or opt-out notification or elections the Cardholder may make. To view the Bank of America privacy policy (which applies only to Bank of America and not Carlson or the Patriots), visit www.BankofAmerica.com.  A copy of the Bank of America policy is provided to all Bank of America customers.

10. Program Changes; Termination.  Bank of America and/or the Patriots may, at any time, without prior notice, (a) change, limit or terminate any aspect of the Card Program; (b) terminate the Card Program in its entirety; (c) amend the Card Program Rules, benefits, or features, in whole or in part; (d) discontinue or replace any Reward with a similar one of lesser, equal, or greater value; (e) modify, delete, or terminate any or all participating partners (if any), Rewards, benefits, or special offers, if applicable, or (f) terminate a Cardholder's participation in the Card Program for any reason.  Changes may affect outstanding transactions and Points, and may include, but are not limited to, the earnings rate for Points, the number of Points required to redeem Points, the number of Points required for any Reward, the type of transactions qualifying for Points, the type or value of Rewards, the expiration date of points, and the maximum number of Points that may be earned per month or year, or otherwise, if applicable.  Any of the foregoing actions may be taken even if such actions affect the value of Points already earned.

11. Miscellaneous. 

(a) Closed Cards.  If a Cardholder voluntarily closes the Card or Bank of America closes the Card, all unused Points are immediately and irrevocably forfeited.

(b) Denial of Benefits; Limitation of Liability.  If a Cardholder is denied a benefit of the Card Program for which it is determined he or she is entitled, any liability of the Program Providers (as defined in Section 12(d) below) shall be limited, in the aggregate, to the CardholderÃ??Ã?¢??s earned portion of that benefit.  IN NO EVENT WILL THE PATRIOTS GROUP (as defined in Section 12(f) below) BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.  Neither Bank of America, nor Carlson, nor the Patriots is responsible for any correspondence or Rewards lost or delayed in the mail.

(c) Errors, omissions, interruptions, etc.  Neither Bank of America nor the Patriots assume any responsibility for late, lost, stolen, damaged, incomplete, misaddressed, postage due or misdirected Points claims or other communications, or for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft, destruction or unauthorized access to, or alteration of Points received and redeemed or in connection with any other Card Program activities.  Neither Bank of America, nor Carlson, nor the Patriots are responsible for, and hereby disclaim any liability for, any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or provider, computer equipment, software, failure of any e-mail or enrollment or other communication to be received on account of technical problems or traffic congestion on the Internet or any Web site, or any combination thereof, including any injury or damage to your or any other personÃ??Ã?¢??s computer related to or resulting from participation in or downloading any materials in connection with the Card Program.

(d) By obtaining a Card, you agree to release, discharge and hold harmless Bank of America, Carlson, and the Patriots, their respective parent companies, affiliates, and subsidiaries, managers, officers, directors, employees, and agents (collectively, the "Program Providers") from and against any and all liability for loss, claim, expense, or damages arising out of or in connection with the receipt, ownership, or use of any Reward available through the Card Program.

(e) You are responsible for all income and other tax liability arising from participation in the Card Program or the receipt of benefits under the Card Program.  Consult your tax advisor concerning tax consequences.  The Card Program is subject to government approval and is void where prohibited by law. All aspects of the Card Program are governed by the laws of the State of Delaware, without reference to the Delaware choice of law provisions.

(f) The Patriots and its parent companies, affiliates, subsidiaries, managers, officers, directors, employees and agents (the "Patriots Group") (i) are not responsible for the issuance of Cards, computation of Points or the administration of the Card Program; (ii) make no representations or warranties whatsoever, express or implied, including without limitation, the implied warranties of fitness for a particular purpose and merchantability regarding the Card Program and the Rewards and all such warranties are hereby expressly disclaimed; and (iii) will not be liable for any injury, loss, expense, accident, delay, inconvenience or irregularity arising out of or in connection with (A) any wrongful, negligent or unauthorized act or omission on the part of any establishments, manufacturers or suppliers offering products and/or services as Rewards; (B) any defect in or failure of any service or product offered as a Reward or in the delivery thereof; (C) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not under the Patriots Group's direct control; or (D) by any other cause, condition, or event whatsoever beyond the Patriots Group's control.  By obtaining a Patriots Extra Points Rewards credit card, each Cardholder releases, discharges and holds the Patriots Group harmless from and against any and all claims that Cardholder may have in connection with issuance or administration of the Card, billing or other matters related to the Card or the Card Program, including without limitation, claims relating to Points (including without limitation, calculation, expiration and redemption of Points), claims relating to Rewards (including without limitation availability and accuracy of description), claims relating to loss, expense or damages sustained in connection with the receipt, ownership, or use of or participation in any Reward available through the Card Program, and all claims for product liability, personal injury (including death), and/or property damage (all collectively, "Claims").  Each Cardholder and authorized user agrees to defend and indemnify the Patriots Group if:  (i) any other Cardholder or authorized user asserts a Claim against any member or the Patriots Group with respect to the Card Program (including without limitation relating to redemption of Points) or (ii) any third party asserts any Claim against any member of the Patriots Group relating to the Cardholder's possession of, use of, or participation in any Reward.  All Rewards are subject to availability and other terms and conditions in the Rewards catalogue, which are incorporated herein by reference.  Any Rewards that involve tickets to a New England Patriots football game or the Super Bowl are subject to all standard terms and conditions of Patriots tickets, including without limitation terms and conditions on ticket backs and in fan guides. 

(g) The Card is issued and the Card Program is administered by Bank of America America Bank, N.A., which is not an affiliate of Carlson or the Patriots.  Evaluation of each applicant's eligibility for a credit card is determined by Bank of America.

Bank of America America and Bank of America are federally registered service marks of Bank of America America Bank, N.A.

The names, trademarks, and service marks of and logos for "New England Patriots", "Patriots" and "Pats" are owned by the New England Patriots L.P.  The trademark "Extra Points" is owned by the New England Patriots L.P. and/or the National Football League.  The terms "Super Bowl" and "Gillette Stadium" are trademarks owned by the National Football League and The Gillette Company, respectively.  Other trademarks mentioned in the Rewards catalogue are the property of their respective owners.

©2007 Bank of America and New England Patriots L.P.