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AMERICAN EXPRESS EXTRA SCOOP TERMS AND CONDITIONS

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT") BEFORE REGISTERING FOR PARTICIPATING MERCHANT OFFER(S) ("MERCHANT OFFERS") PROVIDED THROUGH THE EXTRA SCOOP CAMPAIGN PROGRAM (the "Program"). BY REGISTERING FOR ANY MERCHANT OFFER IN THE PROGRAM, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. AND ITS AFFILIATES (collectively, "AXP", "we" or "us"). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK HERE TO RETURN TO THE AMERICAN EXPRESS NETWORK WEBSITE. THE PROGRAM AND THE MERCHANT OFFERS IN THE PROGRAM ARE PROVIDED TO ONLY THOSE CARDMEMBERS WHO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

A. General

The Program and the Merchant Offers are provided by AXP through a computer having access to the Internet ("Computer"). Under the Program, participating merchants will make certain Merchant Offers available to eligible American Express Cardmembers who register for such Merchant Offer(s) on the Program website (the "Program Site"). "Equipment" means the computer and active internet connection through which you intend to access and use the Program. "System" means the hardware and software owned or operated by AXP, an Internet Service Provider ("ISP"), or any third-party service provider engaged by AXP to facilitate or administer the Program ("Service Provider").

B. No Amendment of Existing Terms and Conditions For Cards

THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF EACH MERCHANT OFFER DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC STATEMENT OR THE AGREEMENT GOVERNING YOUR CARD ACCOUNT ("CARDMEMBER AGREEMENT"). IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR CARD ACCOUNT OR THE STATUS OF YOUR CARD ACCOUNT, YOU SHOULD CALL THE NUMBER PROVIDED ON THE BACK OF YOUR CARD OR USE THE ONLINE CUSTOMER SUPPORT AVAILABLE AT YOUR CARD ISSUER'S WEBSITE.

C. Fees

AXP does not charge any fees for participation in the Program.

D. Merchant Offer Redemption and Payment Terms

To redeem any Merchant Offer(s), you must register one (1) U.S. consumer American Express® Credit or Charge Card issued either by American Express or by a licensed third party bank issuer of American Express-branded Cards (each, an "Eligible Card") on the Program Site and follow the redemption instructions provided on the Program Site or in the email or direct mail you received. Certain AXP Cards, including HealthCare Related Cards, any Prepaid Cards and Corporate Cards are not eligible and are not considered Eligible Cards. You may register only one Eligible Card per registration. Certain Merchant Offers may require only one registration for all such Merchant Offers; others may require separate registration for each Merchant Offer. The Eligible Card that you register for a particular Merchant Offer is referred to as the "Registered Card" for that Merchant Offer. To receive a given Merchant Offer, your purchase must be charged in full to the Registered Card for that Merchant Offer. Each Merchant Offer is only valid during the times and on the conditions specified for each such offer. Your savings from the Merchant Offer will be credited to the Registered Card account for that Merchant Offer as a statement credit. Generally it takes 5 business days, but it may take up to 2 billing cycles from the date of your purchase for such credit to be posted to the Card account.

If you charge your purchase to a Registered Card account that accrues finance charges, the balance upon which finance charges are assessed will include the gross amount of your purchase (i.e., without any savings from the Merchant Offer being applied), and you will be responsible to pay amounts due as provided in the terms of your Cardmember Agreement. If the Registered Card account is a charge card account on which you have activated a flexible payment feature (e.g., ExPO), the gross amount of your purchase will be charged to the flexible payment feature if it is eligible for that treatment, while the savings from the Merchant Offer may be credited to the due in full balance of your charge card account. In this case, finance charges will accrue on the flexible payment feature balance until that balance is paid in full.

E. Merchant Offer Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS APPLY TO EVERY MERCHANT OFFER, UNLESS OTHERWISE SPECIFED IN THE TEXT OF THE OFFER OR AT THE POINT OF PURCHASE: SUBJECT TO AVAILABILITY; OFFER CAN ONLY BE REDEEMED BY FOLLOWING THE REDEMPTION INSTRUCTIONS INCLUDED WITH THE OFFER (EITHER VIA EMAIL OR DIRECT MAIL) OR ON THE PROGRAM SITE; OFFER CANNOT BE COMBINED WITH OTHER PROMOTIONS OR OFFERS; OFFER NOT VALID ON GIFT CARDS, GIFT CERTIFICATES, OR PRIOR PURCHASES. OTHER RESTRICTIONS MAY APPLY. VOID WHERE PROHIBITED. NO SUBSTITUTIONS OR TRANSFERS WILL BE ALLOWED.

F. Availability/Interruption

You acknowledge and agree that we are not responsible for performance degradation, service interruption, or delays due to conditions on the Internet or due to any error or malfunction of the Equipment or System. You acknowledge that AXP, ISP and Service Providers shall not be liable to you if the Program is unavailable, interrupted or suspended for any reason. If the Program is not available, interrupted or suspended, you agree that your sole remedy shall be to terminate this Agreement.

G. Privacy and Security

Any information provided to AXP by you in connection with the Program (e.g., information submitted during registration) shall be governed by the AXP Privacy Policy available at amexnetwork.com. We have the right to interrupt or restrict your participation in the Program or your access to the Program through your Equipment, without cause and without notice to you. You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your Equipment or your Registered Card account(s).

H. Changes to this Agreement

We may change or modify this Agreement, including Program features and Merchant Offers, from time to time by posting such change or modification on the Program Site at www.dailycandy.com. If you do not cancel the Program within five (5) days of a change in the Program, the Merchant Offers or to this Agreement, or if you use the Program or register for any Merchant Offers after a change in the Program, the Merchant Offers or to this Agreement, you agree to such change and its applicability to you.

I. Limitations

1. No Warranties Equipment, Computer, Mobile Offers and Software

AXP SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY EQUIPMENT, COMPUTER OR MERCHANT OFFERS. YOU AGREE THAT YOUR USE OF THE PROGRAM AND ACCESS TO THE SYSTEM ARE AT YOUR SOLE RISK. THE PROGRAM AND SYSTEM ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS.

2. No Warranties

AXP SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE MERCHANT OFFERS, ANY GOODS AND SERVICES ADVERTISED IN CONJUNCTION WITH THE PROGRAM, AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

3. Dispute Resolution

Any claim shall be handled in accordance with the dispute resolution provisions of your Cardmember Agreement. Dispute resolution under the Program is subject to the arbitration provision in your Cardmember Agreement.

4. Survival

THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

J. Assignment

We may assign all or part of AXP's rights or duties under this Agreement without such assignment being considered a change to this Agreement, and without notice to you. You may not assign this Agreement without AXP's prior written consent.

K. Equipment Requirements

In order to print this Agreement and any other notices from AXP, you must have a personal computer equipped with a 128-bit JavaScript-enabled browser and Internet access and connected printer.

L. Entire Agreement

This Agreement represents the entire agreement between you and us regarding the Program, which may only be amended as described in this Agreement.

M. Governing Laws

THIS AGREEMENT IS SUBJECT TO THE LAWS (EXCLUDING CONFLICTS OF LAWS PROVISIONS) OF THE STATE OF NEW YORK.

N. Miscellaneous Provisions

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.

The following terms and conditions apply to Merchant Offers featured as part of DailyCandy Local Deals:

1. To redeem any Merchant Offer(s) featured as part of DailyCandy Local Deals, you must register one (1) Eligible Card on the Program Site and follow the redemption instructions provided on the Program Site or in the email received. Once your Eligible Card is registered for DailyCandy Local Deals, you will not have to register your Eligible Card again in order to redeem each American Express Extra Scoop offer for specified Merchant Offers as part of Daily Candy Local Deals. The Extra Scoop is valid through the end of the calendar month, unless the Merchant offer expires earlier, in this case the Extra Scoop offer will expire the same day the Merchant offer expires.

2. Merchant Offers featured as part of DailyCandy Local Deals may be combined with an additional offer by Daily Candy to get "The Extra Scoop". AXP's offer to add an "Extra Scoop" does not apply to all Merchant Offers featured as part of DailyCandy Local Deals and shall only apply to Merchant Offers that are expressly specified by AXP.

3. AXP's offer to add an "Extra Scoop" for any Merchant Offer featured as part of DailyCandy Local Deals is available to you only one time for each such Merchant Offer and is only available on total purchases of no more than $1,000 (inclusive of all applicable sales, use, gross receipts or other transaction-based tax).

Updated: 03/21/2008