Applicant acknowledges that Newport World Resorts, its owner, including its parent company, affiliates, subsidiaries, and related companies, as well as their respective officers, directors, shareholders, employees, agents, and other parties with which they do business (hereinafter collectively referred to as "NWR"), may use and process all personal information that has been voluntarily and knowingly provided herein, including those that may be sensitive or confidential as may be disclosed by Applicant, in any activity related to NWR, including registration, participation, and enjoyment of any event, program privilege, benefit, or promotion conducted by NWR, as well as for advertising campaigns, marketing research, acquiring statistical data, and notifying Applicant of news, updates, and other events of NWR. Use and processing of Personal Information include collection, recording, listing, systematization, accumulation, storage, updating, extraction, transfer, anonymization, blocking, deletion, and destruction, whether through electronic means or otherwise.

Applicant hereby releases and forever discharges NWR, including its parent company, affiliates, subsidiaries, and related companies, as well as their respective officers, directors, shareholders, employees, agents, and other parties with which they do business, in their official corporate capacities as well as in their individual personal capacities, from any and all sums of money, or any other obligation, privilege, emolument, entitlement, and benefit arising from, or any and all incidents, directly or indirectly related to, the use of processing of all personal and sensitive information. Applicant likewise categorically declares that he/she does not have and will not institute any claim or cause of action in relation to the use and processing of personal and sensitive information by NWR.

Applicant acknowledges receipt of the NWR Membership Card and agrees to abide by the terms and conditions governing the NWR Membership. Applicant hereby declares that he/she is at least 21 years old and above. NWR must be informed in writing of changes in the declarations above within 15 calendar days from the date of occurrence thereof.

Applicant hereby certifies that all information provided above are true and accurate and that the government identification card presented is valid, genuine and was lawfully obtained.

NWR reserves the right to revoke the membership card if the applicant fails to comply with rules, regulations, and procedures (including but not limited to AML Regulations) it established or made applicable to it.

The Newport World Resorts (“NWR”) Membership Card refers to the access device issued to qualified members under the NWR Membership Program. The benefits and privileges, as well as the rights and obligations, appurtenant thereto shall be governed by the terms and conditions set forth hereunder including any amendment thereto or modification thereof that may, from time to time, be introduced by NWR at its sole discretion, without need of prior notice.

SECTION 1 – MEMBERSHIP

1. Subject to full compliance with the eligibility requirements, any natural person who is twenty-one (21) years old and above may apply for NWR membership and be entitled to the issuance of an NWR Membership Card (the “Card”). For the avoidance of doubt, corporations, sole proprietors, partnerships and other similar juridical entities are not eligible for membership. The following persons are likewise ineligible for membership:

1. All employees of NWR;
2. Holders of Gaming Employment License issued by the Philippine Amusement and Gaming Corporation;
3. Government officials connected directly with the operation of the Government or any of its agencies, and their immediate relatives (parents, spouses, and children;
4. Members of the Armed Forces of the Philippines, including the Army, Navy, Air Force, or the Philippine National Police; and
5. Persons under twenty-one (21) years of age or student of any school, college, or university in the Philippines.

2. All eligible applicants for membership shall be required to complete the Application Form prescribed by NWR, for submission to NWR’s designated Membership Counters. Any misrepresentation or any act or form of misrepresentation or false declaration may be a ground for the outright denial, suspension, or revocation of NWR membership subject to the sole discretion of NWR. Any person to whom the Card is issued (the “Cardholder”) shall hold NWR free and harmless, and shall indemnify the latter, from any or all claims, demands or liabilities arising out of, or in connection with, any misrepresentation or any act or form of misrepresentation or false declaration in the Application Form.

3. The Cardholder shall be required to have his/her photo imprinted on the Card for identification and security purposes. A Cardholder may only hold one (1) type of NWR Membership Card, which is non-transferrable in character, valid for a period of five (5) years upon its issuance. The validity period shall be imprinted on the NWR Membership Card.

4. The Card is the property of NWR and may not be used as a charge/credit card or admission pass to accredited merchants, unless otherwise provided to the contrary.

5. The Cardholder shall sign the Card immediately upon receipt thereof. He/she shall henceforth be in-charge of the custody and possession of the Card, unless otherwise required to be surrendered or expressly allowed to be replaced by NWR .

6. The Cardholder shall prevent any third person from using the Card. He/she shall likewise be absolutely prohibited from causing or consenting to the transfer of points earned by him/her to another person’s Card, or vice versa, regardless of whether or not they both consented to such transfer. Any violation of this provision shall subject the members concerned to appropriate administrative, criminal and/or civil actions. NWR likewise reserves its right to suspend or revoke the membership of any member who shall violate this provision subject upon the sole discretion of NWR.

7. By accepting the Card, the Cardholder voluntarily and unconditionally agrees to be bound by all of the terms and conditions set forth herein, which shall be subject to change from time to time, upon the sole discretion of NWR  without need of prior notice.

SECTION 2 – MEMBERSHIP POINTS, AWARD AND REDEMPTION

8. Corresponding points, discounts, benefits, entitlements and/or other privileges may, at the sole discretion of NWR or upon agreement with accredited merchants, be awarded to the Cardholder upon purchase of selected products and/or services and only upon due presentation of the Card. The Cardholder shall then be required to affix his/her signature on the transaction slips for verification purposes. The signature reflected in the Card must match the signature written in the transaction slips before any points, discounts, benefits, entitlements and/or other privileges may be awarded. Such award and/or the mechanics to avail thereof may be changed by the Company from time to time, without need of prior notice.

9. NWR  is under no legal obligation to disclose or explain the calculation methods or other matters relating to the accumulation or earning of points, discounts, benefits, entitlements and/or other privileges. Points will not be awarded on taxes or other related fees or charges to be remitted by NWR to any regulatory or governmental authority.  

10. The Card may not be used for any purpose, and will not be accepted by NWR  or the accredited merchants, in case of the following: (a) it has expired; (b) it is invalid, or reported lost or stolen; (c) it is damaged, altered, defaced, re-printed or re-embossed; (d) it does not carry the Cardholder’s signature; (e) NWR has sufficient reason to believe that the production, use, or possession thereof is anomalous, irregular, or illegal; and (f) such use or possession violates any law or NWR policy, rule, or regulation.

11. Cardholders with earned points may redeem the corresponding rewards from selected NWR-owned establishments or accredited merchants, subject to the terms and conditions prescribed by NWR and/or the accredited merchants including, but not limited to:

1. The procedures to be strictly followed for redemption;
2. Restrictions in the quantity of a particular reward that a Cardholder may exchange for points;
3. Classification of Cardholders into different categories;
4. Offer of different rewards and benefits for different categories of Cardholders.

12. Points used to redeem the corresponding rewards will be deducted from the Cardholder’s account. No point will be awarded to the Cardholder for all redemption transactions. If rewards have been redeemed using points that have been fraudulently or erroneously earned, the Cardholder shall be liable to refund to NWR the value of the goods or services obtained by using said points or, at the sole discretion of NWR, to return the rewards obtained to NWR or the accredited merchants, as the case may be.

13. Rewards redeemed using the points earned by the Cardholder may not be returned or exchanged for other items.

14. Rewards which have not been claimed after the lapse of the prescribed period for claiming will be forfeited and the points deducted therefore will not be reinstated.  

15. NWR or any of its accredited merchants reserve the right to refuse any request for redemption or to recover any reward redeemed if there is reasonable basis to believe that the points used by the Cardholders were fraudulently or erroneously earned/recorded.

16. Redemption of rewards are subject to availability and NWR or any of its accredited merchants reserve the right to replace rewards with goods/services of approximate value, without the need of prior notice.

17. A Cardholder who earns points and seeks to redeem the corresponding rewards from accredited merchants shall:

1. Be deemed to have notice of, and agreed to, the terms and conditions of the accredited merchants and to have entered into, and be bound by, a contract therewith based on such terms and conditions whereby, inter alia, any dispute that may arise relating to such redemption of rewards shall be exclusively resolved by the Cardholder and the accredited merchant in accordance with applicable laws, rules and regulations, as well as the terms and conditions prescribed by the accredited merchant.
2. Accept the value of the points in their accounts based on the exchange rate to be determined by NWR.
3. Accept the points being accorded based on the exchange rate to be determined by NWR.

18. NWR shall not be liable for the condition imposed on the rewards redeemed from the accredited merchants, and any dispute arising therefrom shall be settled exclusively by the Cardholder and the accredited merchants.

SECTION 3 – RENEWAL

19. The Card shall only be valid for a period of five (5) years from its issuance. However, the points earned by a member may only be used within three (3) years from the date they were earned. Upon the lapse of three (3) years from the award of points to the Cardholder, the unused points shall be forfeited by NWR  without need of prior notice to the Cardholder.

Subject to compliance with the requirements for renewal including, but not limited to, payment of any prevailing renewal fees, the Card may be renewed for such period as may be determined by NWR. The renewed Card will likewise be subject to the terms and conditions set forth herein and such other rules and regulations that may be imposed by NWR upon the time of issuance of the Card subject to its sole and absolute discretion.

SECTION 4 – LOST/STOLEN/DAMAGED CARD

20. The Cardholder shall immediately inform NWR of the fact of damage to or loss/theft of the Card. A written confirmation of such damage, loss or theft must be submitted to NWR within seven (7) days therefrom. In any case, the Cardholder understands that NWR shall not be liable for any loss or damage that may arise from the continued use of the Card.

21. The lost, stolen or damaged Card may, at the sole discretion of NWR, be replaced subject to payment of the prevailing replacement fees. Any application for a replacement Card may also be rejected, subject to the sole discretion of NWR, in the event that NWR determines that such loss, damage or theft was wholly or partially due to the fault or negligence of the Cardholder.

22. Upon compliance with Clause 20 above, NWR shall invalidate the lost, stolen or damaged Card within a reasonable period of time without further notice to the Cardholder. The Cardholder hereby holds NWR free and harmless and shall indemnify the latter from any and all claims, demands or liabilities arising out of, or in connection with, the invalidation of the Card or any delay in invalidating the same.

SECTION 5 – PROMOTIONAL MATERIALS

23. The Cardholder hereby unconditionally consents to receive catalogues or other promotional literature, SMS, e-mail or any form of service and/or administrative announcements including, but not limited to marketing modes relating to projects, campaigns, or promotions (hereinafter collectively referred to as the “Catalogues”) that may be carried out by NWR  or the accredited merchants, as well as their respective holding companies, subsidiaries, affiliates, associates or related companies. The Cardholder’s consent herein may only be revoked upon prior written notice to NWR.

24. The Cardholder shall not hold NWR and all the accredited merchants directly or indirectly liable for any loss or damage that may be suffered by the Cardholders arising from any delay or non-receipt of the Catalogues or any error therein.

25. The expenses that may be incurred in the production of additional copies of the Catalogues requested by the Cardholders shall be borne solely by the Cardholder.

SECTION 6 – DATABASE

26. As a condition for acceptance to membership, an applicant for membership must provide his/her personal data (i.e., full name, valid government identification card/passport details, date of birth, addresses, contact numbers), as well as such other information as may be required by NWR. The Cardholder hereby unconditionally and irrevocably consents to the processing and storage of his/her personal data in a database system operated under the direct control and supervision of NWR and its authorized employees and officers for as long as the purpose for such processing and storage exists.

27. By accepting the Card, the Cardholder freely and knowingly gives his consent, waiving any and all formality in the expression of such consent, and gives full authority and special power for NWR, any of NWR’s operating departments, and its owner or any one of its parent companies, subsidiaries, affiliates and/or group of companies of its parent companies, and their officers, directors and shareholders, to request, secure, obtain, use, collect and/or process any personal, sensitive and/or privilege information about and/or relating to the Cardholder.

The Cardholder hereby acknowledges that NWR may use and process all personal information that the Cardholder has voluntarily and knowingly provided, including those that may be sensitive or confidential, for the purpose of his/her NWR membership or in any activity related to NWR, including registration, participation and enjoyment of any event, program, privilege, benefit or promotion conducted by NWR, as well as for advertising campaigns, marketing research, acquiring statistical data, and for notifying the Cardholder of news, updates, and other events of NWR. Use and processing of data includes collection, recording, listing, systematization, accumulation, storage, updating, extraction, transfer, anonymization, blocking, deletion, destruction, whether through electronic means or otherwise.

The Cardholder hereby releases and forever discharges NWR, its owner or any one of its parent companies, subsidiaries, affiliates and/or group of companies of its parent companies, as well as their respective officers, directors, shareholders, employees, agents, and other parties with which they do business, in their official corporate capacities as well as in their individual personal capacities, from any and all sums of money, or any other obligation, privilege, emolument, entitlement and benefit arising from, or any and all incidents, directly or indirectly related to, the use and processing of all personal and sensitive information.

28. The Cardholder shall immediately notify NWR in writing of any change in his/her personal data, and NWR shall, in turn, take all practicable steps to update its database within a reasonable period of time. NWR shall not be liable for any loss or damage that may be suffered by the Cardholder arising from NWR’s delay or failure to update its database for any reasons whatsoever.

SECTION 7 – TERMINATION

29. The Cardholder may terminate the use of the Card by notifying NWR in writing and by physically surrendering the Card.

30. The Cardholder unconditionally allows NWR to immediately bar, terminate, change, suspend or cancel the Card or impose conditions on the usage thereof at any time, with or without prior notice. The Cardholder likewise agrees to return the Card to NWR immediately upon request and whenever NWR shall deem fit at its sole discretion. Points earned shall be forfeited without prior notice if the Card was barred, terminated, changed, suspended or cancelled due to violation/s of the condition/s imposed on the use thereof.

31. The Card will be terminated by NWR without prior notice if no NWR-approved transaction or activity is recorded within twenty four (24) months from the date of its issuance or the date of the last approved transaction or activity by NWR.

32. NWR may issue or offer to issue to qualified Cardholders another type of Card (e.g. Crystal, Gold, Rose Gold, Platinum, Titanium and Diamond) and transfer all the points earned through the use of the previously-issued Card to the New Card, provided that the previously-issued Card shall be surrendered to NWR prior to the release of the New Card. The Cardholder shall be deemed to have agreed to accept the New Card if the same will not be immediately returned to NWR upon its receipt.

33.  If the points or rewards system is suspended or terminated for whatever reason, the Cardholder hereby holds NWR free and harmless, and shall indemnify the latter, for whatever losses or damages that may be suffered by the Cardholders due to the suspension or termination.

SECTION 8 – SUPPLEMENTARY CARD (if applicable)

34. Subject to the sole discretion of NWR, the Cardholder may apply for and be granted a maximum of one (1) Supplementary Card (“the SC”) for the Cardholder’s immediate family members limited to his/her spouse, children, and grandchildren who are above twenty-one (21) years of age and are not otherwise disqualified hereunder. The SC Cardholder shall be subject to the terms and conditions stated herein and, in such case, any reference to the “Cardholder” shall also pertain to the SC Cardholder and any reference to the “Card” shall also pertain to the SC.

35. The Cardholder shall be solidarily liable for any breach or default on the part of the SC Cardholder.

36. The Cardholder may cancel the SC by serving a written notice to NWR. In such case, the SC and the points and benefits accumulated under the SC account will be cancelled without further notice and without any right to transfer the same to the principal Cardholder’s account.

SECTION 9 – OTHERS

37. To the full extent permitted by law, NWR hereby disclaims any and all warranties, representations, or statements made or given by the accredited merchants, condition of their outlets, as well as the benefits or rewards they offer. The Cardholder hereby waives all claims against NWR  that may arise from disputes with such merchants.

38. In no event shall NWR be liable to any Cardholder or any third party for any loss or injury or any special, direct, indirect, incidental, exemplary or consequential losses or damages whatsoever or howsoever caused under any cause of action arising, directly or indirectly, in connection with the use or possession of the Card. All such losses or damages, including those caused to or suffered by third parties, shall be borne by the Cardholder.

39. If NWR  is found liable by a court of competent jurisdiction, the liability of NWR  to the Cardholder for any cause whatsoever and regardless of the cause of action shall be limited to restoring the points and/or benefits to the Card.

40. All fees paid to NWR  hereunder are not refundable unless otherwise provided.

41. Any notice to be given to the Cardholder shall be deemed to have been properly given if sent by registered mail or electronic mail to the postal address or electronic mail address recorded in the database.

42. The Cardholder shall indemnify and hold NWR free and harmless against any liability for loss, penalty, damage, costs and expenses (including but not limited to legal costs) which NWR may incur by reason of or arising, directly or indirectly, from any breach on the part of the Cardholder in complying or observing the terms and conditions stated herein or in otherwise using of the Card or recovery of any outstanding amounts due from the Cardholder.

43. The Operator is not responsible for: (a) withdrawal of the accredited merchants from the points or rewards system; (b) points and/or benefits cancelled caused by the withdrawal of the accredited merchants from the points or rewards system; or (c) changes or cessation of business of the accredited merchants which may affect the points and/or benefits offered. The Cardholder understands that the list of accredited merchants are subject to change at any time without notice.

44. The failure of NWR, at any time, to demand either partial or complete performance by the Cardholder of any terms, covenants and conditions set forth herein, shall not be construed as a continuing waiver or relinquishment thereof, and NWR may, at any time, demand strict and complete performance by the other of the said terms, covenant and conditions.

45.  The terms and conditions herein shall be governed and construed in accordance with the laws of the Philippines. The venue of all court actions arising from any conflict or dispute in the interpretation or enforcement of the terms and conditions shall be the appropriate court of Pasay City, to the exclusion of any other court in other cities/territorial jurisdictions.

46. If any of the terms and conditions stated herein is held to be partially or wholly invalid, unenforceable, or inoperative for any reason whatsoever, the remaining provisions or portions shall remain unimpaired and effective and the terms and conditions herein shall be construed and enforced as if such invalid clause, part or condition had not been made.

47. Any application is subject to fulfillment of any other conditions set by NWR. NWR’s decision to reject any application shall be immediately final and executory. No objection or appeal therefrom shall be entertained.

48. All the terms and conditions governing the points will equally apply to any other type of points, if any, that may be awarded by NWR or accredited merchants.

49. The English version of the terms and conditions herein shall prevail over other versions.

50. The Cardholder warrants to have read and understand the entire terms and conditions set forth herein.