Sony Rewards

The Marketplace® Terms and Conditions

Last updated: June 27,2016

The Marketplace (the “Program”) offers valid Sony Rewards members, the opportunity to earn Sony Rewards Points (“Points”) for making purchases at select retailers who participate in the Program (“Participating Retailers”). These are the rules governing the Program (‘The Marketplace Rules”). In TheMarketplace Rules, “DBG” means The Database Group, the manager of the Program, or its agents, independent contractors, designees, or assignees. “Sony” means the Card Marketing and Services Company, a division of Sony Electronics Inc., the sponsor of the Program, or its agents, independent contractors, designees, or assignees. “We,” “us” and “our” means, as the context may require, DBG and Sony. “You,” “your” and “yours” means each and every person who now or hereafter uses and/or purchases products through the Program. By participating in the Program, you agree to these Program Rules, as stated herein and as they may be modified from time to time, in our sole discretion.

   1.Enrollment in The Marketplace Program; Eligibility. . You must be registered as a Sony Rewards member, and have a Sony Rewards account (“SR Account”), , in order to participate in the Program and earn Points. Currently, there is no fee to participate in the Program. However, Sony reserves the right to introduce fees in its sole discretion, at any time; notification of any fees will be displayed on The Marketplace section of the Sony Rewards website and may also be communicated in to you other manners. You are eligible to participate in the Program if you’re a valid Sony Rewards member.Sony, at its sole discretion, may modify eligibility criteria at any time. Sony further reserves the right, in its sole discretion, to disqualify any particular Sony Rewards member from participating in the Program.

   2.Use of the Program on the Sony Rewards Website (“Site”).DBG operates The Marketplace portion of the Site, themarketplace.sonyrewards.com (“TheMarketplace Site”). The Marketplace Site provides additional information regarding the Program, andwill give you access to certain information about your Point earnings through the Program. The Marketplace Site itself is governed by these terms and conditions that are in addition to from the terms and conditions for the Sony Rewards website (www.SonyRewards.com), please read these terms and conditions for The Marketplace Site carefully, as they describe your rights and obligations regarding The Marketplace Site, including with respect to intellectual property rights and proprietary rights to content. You alone are responsible for maintaining the confidentiality of your online profile information, including changes to your password, and for any and all activity that occurs with respect to your online profile. You agree to (a) immediately notify us of any unauthorized use of your online profile information or any other breach of security, and (b) ensure that you exit at the end of each session you spend on The Marketplace Site.

   3.Earning Points.Participating Retailers may offer you Points based upon the amount of your purchase from that Participating Retailer. Some Participating Retailers may offer Points solely for purchases made online, while others may offer Points only for purchases made in their stores, and some may offer both. In order to earn Points for purchases made from Participating Retailers online, you must make your purchase by clicking on the designated merchant link on The Marketplace Site; online purchases made without clicking on the applicable link on The Marketplace Site will not earn Sony Rewards points and are determined by the dollars you spend at Participating Retailers for purchases made using any Credit Card, and varies among Participating Retailers. Sony Rewards Points are calculated on the net amount of eligible purchases. Taxes, special handling charges, returns, freight or shipping costs and any unshipped products are not included in the point calculation. Individual merchants determine eligible purchases. Please reference the terms and conditions and/or exclusions for each merchant for complete information on what purchases are eligible to earn points. Specific details for The Marketplace Program, including a current list of Participating Retailers, specific offers and eligibility rules for such offers, are available on The Marketplace Site at https://www.themarketplace.sonyrewards.com. The list of Participating Retailers is subject to change without notice and Participating Retailers may change whether they offer Points solely for online purchases or for purchases both online and at retail stores at any time; before making a purchase, please review the most current list on The Marketplace Site to ensure that the retailer you plan to patronize is a Participating Retailer. Please also review the specific terms and conditions of each offer as offers may vary and not all purchases from a Participating Retailer may be eligible for Points. Any purchase through The Marketplace from a Participating Retailer, you are eligible to receive Points based on the actual price of the merchandise that you purchase, exclusive of tax and other fees or service charges. Your Points will be credited to your SR Account. If you return an item and, as a result, receive either cash or credit after you have already earned Points from a Participating Retailer, you are no longer eligible to retain the portion of the Points that were earned for the returned merchandise and Sony will deduct the amount of the applicable Points from your SR Account. The use of a coupon or use of any other promotional offer at a Participating Retailer’s store or website may make you ineligible to receive Points for that purchase.

   Your SR Account summary on The Marketplace Site will indicate the amount of Points credited to your SR Account. However, the actual period of time it will take to receive a reward, or rebate for any single eligible transaction may vary considerably; in some instances, it may be six (6) to eight (8) weeks, or longer, before Points are credited to your SR Account. You should never assume that Points are available to you until they are actually posted to your SR Account.

   4.Your Obligations.You agree that you will comply with all applicable local, state, and national laws, regulations and other legal requirements that relate to your participation in the Program. The Program and content is not available outside of the United States. Accessing The Marketplace Site from locations where its contents or use is illegal is prohibited by Sony.

   In addition, in participating in The Marketplace Program, you agree, without limitation:

     a. To notify all other Card holders associated with your Card of the existence of these The Marketplace Rules;

     b.To promptly notify Sony if your address or other information changes so that we may update your Rewards profile(You also may update your profile online at The Marketplace Site);

     c.Not to use The Marketplace Program in breach of these The Marketplace Rules;

     d.Not to disrupt or interfere with the security of, or otherwise abuse, any part of the Program;

     e.Not to attempt to obtain unauthorized access to the Program or portions of the Program that are restricted from general access;

     f.Not to transmit or share any offers made available under the Program to any other person;

     g.Not to use the Program in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person’s privacy, or in violation of any third party rights;

     h.Not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through or submitted to the Program;

     i.To comply with any other requirements, restrictions or limitations imposed by either Sony or DBG from time to time;

     j.To be fully responsible for all activities that occur under your online profile information; and

     k.To allow your Card transactions to be reviewed for purposes of analysis of the Program.

5.DISCLAIMER OF WARRANTIES.

YOU AGREE THAT YOUR USE OF THIS THE MARKETPLACE SITE SHALL BE AT YOUR SOLE RISK. THE PROGRAM, IN WHOLE AND IN PART, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MARKETPLACE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS THE MARKETPLACE SITE'S CONTENT, THE CONTENT OF ANY WEBSITES LINKED TO THIS THE MARKETPLACE SITE, OR ANY THIRD PARTY CONTENT.

6.LIMITED LIABILITY.

NEITHER WE NOR ANY PARTICIPATING RETAILER, NOR ANY OF THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU, OR ANYONE MAKING A CLAIM ON YOUR BEHALF, IN CONNECTION WITH: (I) ANY CHANGE IN REBATES REFLECTED ON THE MARKETPLACE SITE OR REGARDING THE MARKETPLACE PROGRAM; (II) ANY DISPUTE YOU MAY HAVE WITH ANY PARTICIPATING RETAILER OR RELATED TO YOUR TRANSACTIONS WITH, OR PURCHASES FROM SUCH PARTICIPATING RETAILER, THE MARKETPLACE PROGRAM, (III) ANY LOSS, DAMAGE, EXPENSE OR INCONVENIENCE CAUSED BY ANY OCCURRENCE OUTSIDE OF OUR CONTROL; (IV) ANY CONTENT, PRODUCTS OR SERVICE APPEARING ON A WEBSITE TO WHICH WE PROVIDE A LINK FROM THE MARKETPLACE PROGRAM WEBSITE; (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MARKETPLACE SITE; (VI) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE MARKETPLACE SITE; (VII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VIII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MARKETPLACE SITE; (IX) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MARKETPLACE SITE BY ANY THIRD PARTY.. WE ARE NOT RESPONSIBLE FOR PARTICIPATING MERCHANTS THAT CANCEL A REBATE DUE TO BANKRUPTCY OR FOR ANY OTHER REASON. WE DO NOT MAKE ANY REPRESENTATION OR ENDORSEMENT OF ANY PARTICIPATING MERCHANT IN CONNECTION WITH THE MARKETPLACE PROGRAM. ANY LIABILITY WE HAVE TO YOU HEREUNDER SHALL BE LIMITED SOLELY TO THE AMOUNT OF ANY REBATE YOU HAVE EARNED IN ACCORDANCE WITH THE MARKETPLACE PROGRAM RULES AND HAVE NOT YET RECEIVED. FURTHER, WE ARE NOT RESPONSIBLE OR LIABLE FOR THIRD PARTY CONTENT AND DO NOT ADOPT OR ENDORSE THE VIEWS STATED IN SUCH CONTENT.

7.Indemnification.You agree to indemnify, defend and hold us, our respective officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from: (a) your breach of The Marketplace Rules; (b) any allegation that any materials that you submit to us or transmit to The Marketplace Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the The Marketplace Site or any services related to The Marketplace Site.

8.Change of The Marketplace Rules; Electronic Disclosures.Sony reserves the right to change or cancel these The Marketplace Rules (including the separate sections hereof) and/or the fees, charges, features, operational elements, and other terms and conditions applicable to the Program, at any time and from time to time in Sony’s sole discretion. Sony also reserves the right to discontinue the Program at any time and without notice. Any such changes or discontinuance will be effective as of the time determined by Sony, with or without notice to you, provided that we will furnish you with notice of changes as required by applicable law. If you do not agree to any change or amendment relating to The Marketplace Rules, The Marketplace Site or the Program, you must cancel your enrollment in the Program. By continuing to use your Card while enrolled as a member of the Program after any such change or amendment, you agree to that change or amendment. You agree that we may send change of terms notices to you, as well as any information, disclosures, and/or notices relating to the Program in electronic form, either by posting such information, disclosures, and notices on The Marketplace Site or by transmitting them, or notice of the availability thereof at The Marketplace Site, to the e-mail address you have provided to us. You specifically acknowledge and agree that we may periodically transmit to you by e-mail welcome notices, reminders, tips, inactivity notices, and other messages concerning the Program and your use of the Card. You further agree and specifically confirm that we may provide you with an electronic record, via electronic messaging or delivery as provided above, of any and all disclosures and information that we are required by applicable law or regulation to provide in writing. You will be deemed to have received such notices or disclosures three (3) days after they are posted on The Marketplace or after they are transmitted to you to your e-mail address, as applicable, whether or not you have retrieved them by that time. You acknowledge and agree that any present or future election by you to include your name in any internal database that we maintain in order to keep a record of who does not wish to receive electronic messaging, generally, shall not apply to or affect your consent under The Marketplace Rules to receive electronic information, disclosures and/or notices relating to the Program, as provided herein. We reserve the right at any time, in our discretion, to mail or otherwise transmit to you paper copies of any information, disclosures and/or notices relating to the Program in lieu of or in addition to electronic versions thereof.

9.Information We Collect and Use.In addition to the ways that we disclose information to third-parties in the Sony Rewards Privacy Policy (link to Privacy Policy), we will disclose information to third parties about your Card activity or your participation in the Program (a) where it is necessary for completing transactions; (b) in order to verify the existence and condition of your Card activity for a third party, such as a Participating Retailer; (c) in order to comply with government agency or court orders; (d) if you give us your written permission; and (e) as permitted by law. The Sony Rewards Privacy Policy describes Sony’s policies concerning the collecting and sharing of information with third parties and affiliates and either was provided to you as a Card holder, at the time you obtained your Card or was subsequently furnished to you by mail or electronically. You may obtain a copy of the Sony Privacy Policy at any time from any Sony customer service representative or by visiting www.sonyrewards.com.

10.Customer Service.To inquire about any aspect of The Marketplace Program, including these The Marketplace Rules, your Program activity and earnings, you may write to Sony at Sony Rewards The Marketplace, 1 Sony Drive, Park Ridge, NJ 07656, or call 1-888-715-SONY (7669), seven days a week between 8:00 A.M. and Midnight.

11.GeneralThe Marketplace Program is void where prohibited by law. We reserve the right to investigate and prosecute violations of any of these The Marketplace Rules to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the The Marketplace Rules. You agree that any dispute concerning any aspect of the Program, including without limitation, The Marketplace Rules, your enrollment, any rebate or any reward will be governed by the laws of the State of New York, without regard to its conflict of laws principles. You agree that any claim under these The Marketplace Rules must be brought within one (1) year after the cause of action arises, or such claim or cause of action shall be barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute arising out of or in connection with the Program, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If you and we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties shall be free to pursue any right or remedy available to them under applicable law. Our failure to exercise or enforce any right or provision of The Marketplace Rules shall not constitute a waiver of such right or provision. If any provision of The Marketplace Rules is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of The Marketplace Rules remain in full force and effect. Sony is a registered service mark of Sony Corporation and its use is under license with respect to The Marketplace Site. The provisions and conditions of these The Marketplace Rules, and each obligation referenced herein, represent the entire agreement between us and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these The Marketplace Rules and any future published terms of use or understanding, the last published The Marketplace Rules shall prevail.