BankAmericard Privileges with Cash Rewards Program Rules

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1 BankAmericard Privileges with Cash Rewards Program Rules It s simple: Cash back on every purchase. Use your card for everyday spending and put your purchases to work for you and redeem for cash back. There s no additional cost to participate in the Program, and you and your authorized users are automatically enrolled. Your rewards at a glance: Earn Redeem Rewards Expiration Earn base Cash Rewards of 1% of all Net Purchases Earn 2% at eligible grocery merchants* Earn 3% at eligible gas merchants* Cash Back As long as your account remains in good standing, cash rewards do not expire *Grocery and gas bonus rewards apply to the first $1,500 in combined purchases in these categories each quarter. Learn more about: Earning Rewards page 1 Redemption to a Checking or Savings Account page 3 Redemption to a Mortgage Account page 4 Redemption for Statement Credits or Checks page 4 Redemption to an IRA Account page 5 Redemption to a 529 Plan Account page 7 Redemption to a Cash Management Account page 7 The following Program Rules provide what you need to know about the Cash Rewards program. Please review this document and keep it for reference. If we make any changes to the Program, we ll let you know on bankofamerica.com/privilegescash or by mail. bankofamerica.com/privilegescash

2 Page 1 Basic terms and definitions Account in Good Standing An account that is open and has charging privileges Billing Cycle The period of time between monthly bills or billing statements, as defined in your Credit Card Agreement Card A BankAmericard Privileges with Cash Rewards Visa or MasterCard credit card Cardholder (also referred to as you ) Individual credit card customers, joint credit card customers and authorized users, if any, with a BankAmericard Privileges credit card with Cash Rewards account and charging privileges (excluding corporations, partnerships or other entities) Cash Rewards Cash rewards earned through use of the Card Continental U.S. The 48 states and Washington, D.C. (not Alaska and Hawaii) Customer Service The call center that provides Program information; you can call the number on the back of your Card Eligible Account Checking or savings accounts with Bank of America, N.A. ( Bank of America Deposit Account ); IRA accounts with Bank of America, N.A. or Merrill Lynch, Pierce, Fenner & Smith Incorporated ( Merrill Lynch ); Cash Management accounts with Merrill Lynch and 529 accounts with Merrill Lynch. Eligible Accounts are determined by FIA Card Services, N.A. Net Purchases The amount of purchases less any credits, returns and adjustments Program The BankAmericard Privileges with Cash Rewards program Program Rules Refers to the terms and conditions in this document, which govern the Program; these Program Rules are separate from the terms of the Credit Card Agreement provided with your credit card Site The Program website at bankofamerica.com/privilegescash We/Us/Our FIA Card Services, N.A., the sponsor, administrator and issuer of the Program How do I earn Rewards? There s no limit to how much Cash Rewards you can earn. Cash Rewards earnings are based on the new Net Purchases charged to the Card during each Billing Cycle. Cash Rewards are calculated at each transaction. Transactions resulting in fractions of Cash Rewards will be rounded up to the nearest whole cent if greater than $0.005 and rounded down if equal to or less than $ You will earn base Cash Rewards of 1% of all Net Purchases. You will earn Cash Rewards of 2% (consisting of 1% bonus Cash Rewards and 1% base Cash Rewards) for Net Purchases at eligible grocery merchants and 3% (consisting of 2% bonus Cash Rewards and 1% base Cash Rewards) for Net Purchases at eligible gas merchants (the Bonus Categories ), for the first $1,500 of combined Net Purchases made during each calendar quarter in the Bonus Categories. The calendar quarters are: January through March, April through June, July through September and October through December of each year. Eligible merchants and the associated merchant category codes ( MCC ) for the Bonus Categories are the following: Grocery Stores (MCC codes 5411, 5422, 5441, 5451, 5462 and 5499) Gas Stations (MCC codes 5541 and 5542) Purchases made at a merchant that does not process transactions under these codes will not qualify and you will not receive the bonus Cash Rewards.

3 Page 2 You will earn base Cash Rewards of 1% for Net Purchases in excess of $1,500 in each quarter in the Bonus Categories. Cash Rewards are subject to verification. From time to time, special promotions may feature bonus Cash Rewards; details will accompany the offer. Additional restrictions may apply. Visit the Site or refer to your monthly statement to see how much Cash Rewards you ve earned. Transactions not eligible for Cash Rewards You won t earn Cash Rewards for: Balance Transfers and Cash Advances, including travelers checks, money orders and other cash equivalents Fees, interest charges and credit insurance, credit protection, debt cancellation charges Fraudulent transactions Purchases made by or for a business or business purpose What you need to know For new customers, accrual of Cash Rewards may begin on the date we mail the Card and the Credit Card Agreement to you. If you are an existing credit card customer and your account is converted to the Program, you may not earn Cash Rewards until the first day of the Billing Cycle, beginning after you receive the Card(s). How do I redeem my Rewards? Go to the Site at bankofamerica.com/ privilegescash, or call the number listed on the back of your card. What you need to know Cash Rewards are available for redemption as soon as they appear on your statement. Cash Rewards cannot be redeemed if the account is not in good standing, or is closed, at the time of redemption. Cash Rewards accrued during any Billing Cycle in which the account is two cycles or greater past due at the end of the Billing Cycle will not be awarded. If your account loses charging privileges but regains its good standing before the point of account closure, your Cash Rewards will be available for redemption once the charging privileges are restored. In order to redeem for Cash Rewards, you must be an individual (no corporations, partnerships or entities). If you voluntarily close the Card or we close the Card, all unused Cash Rewards are immediately and irrevocably forfeited. All redemptions are final. Cash Rewards are non-negotiable, and cannot be redeemed for any benefit except those Cash Rewards designated by us. Cash Rewards are not property of any Cardholder or other person, and may not be brokered; bartered; attached; pledged; gifted; sold; or unless specifically authorized by us, transferred to anyone else 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. We shall have no liability for disagreements between Cardholders regarding Cash Rewards. Unless specifically authorized by us, Cash Rewards may not be combined with other discounts, special rates, promotions or other reward programs offered by us. Unless specifically authorized by us, Cash Rewards cannot be transferred between any credit card accounts issued by us. Cash Rewards may not be combined with any other entity, including airline frequent flier, hotel frequent guest or other travel-related or membership reward charge or credit card programs, whether in the U.S. or abroad. Expiration date for Rewards There is no expiration date on your Cash Rewards, as long as your account remains in good standing.

4 Page 3 Redemption of Cash Rewards You can redeem Cash Rewards in U.S. dollars starting at a minimum of $25. You can request a statement credit; an electronic deposit to a checking or savings account of your choice; a payment on your first or second mortgage loan (reverse mortgages are not eligible) with Bank of America, N.A. ( Bank of America Mortgage ) or a third party mortgage lender ( Mortgage Lender ); a contribution to an eligible IRA account, 529 Plan account or Merrill Lynch Cash Management Account ; or a check. When you redeem Cash Rewards into an Eligible Account with Bank of America or Merrill Lynch, the redemption value will be 50% greater than the redemption value for other types of Cash Rewards (e.g., $25 in Cash Rewards = $37.50 deposit). We deduct the Cash Rewards you redeem from your Cash Rewards balance on the date you request a redemption. Either you, as the Cardholder, or any authorized user may request to redeem Cash Rewards. The decisions we make regarding Cash Rewards redemption are final. FIA Card Services, N.A. has no liability for fulfilling Cash Reward requests in good faith in response to any person claiming authority on your behalf. Once we issue a Cash Reward, if any transaction contributing to the value of that Cash Reward is refunded or credited, or otherwise rescinded, we may, at our discretion, reverse a statement credit to your Card, stop payment on any check, and/or withhold subsequent Cash Rewards, or collect any amount you owe, in any appropriate manner. This includes but is not limited to, the posting of an equivalent dollar debit in the form of a cash advance transaction to your Card. Automatic Redemption To set up automatic redemption, go to bankofamerica.com/privilegescash or call the number on the back of your Card to designate a Bank of America Deposit Account or a Bank of America Mortgage that is open and funded (a Linked Account ). Once you have designated a Linked Account, if your Card is open with active charging privileges and if you have earned at least $25 in Cash Rewards, FIA Card Services, N.A. will initiate an electronic transfer to the Linked Account at the end of each calendar month during the month the minimum $25 has been met. FIA Card Services, N.A. will make the deposit or payment to the Linked Account in U.S. dollars equal to the Cash Reward earned and will deduct that amount from your Cash Rewards balance. There may be a lag of up to thirty (30) days between the redemption of a Cash Reward and the deposit or payment to the Linked Account. You can turn off automatic redemption any time through the rewards Site or by telephone. If you do, you will need to request any future Cash Rewards. Redemption for Electronic Deposit to a Checking or Savings Account Before you redeem Cash Rewards, please check with your financial institution to make sure they will accept an electronic deposit. When you redeem for an electronic deposit, we will send it to the checking or savings account you have indicated within five (5) days of your request. Electronic deposit redemptions are final once processed.

5 Page 4 If an electronic deposit is rejected by your financial institution for any reason, we will void the deposit and reinstate the Cash Rewards to your account. If your account is closed before the Cash Rewards can be reinstated, you will forfeit your Cash Rewards (except if your Card has been reported as lost or stolen, subject to verification). If an electronic transfer is rejected, we will notify you within 15 days of your request at the address provided at the time of redemption. Redemption for Payments on a Mortgage When you redeem Cash Rewards as a payment on an eligible mortgage, they are applied in accordance with the terms of your loan and may be rejected if your mortgage is not being paid as agreed. FIA Card Services, N.A. will send the payment to the designated mortgage account either electronically or by check within three (3) business days of your request. If Bank of America, N.A. or other Mortgage Lender refuses to accept an electronic transfer for any reason, or the check does not clear within ninety (90) days from the date it was issued by FIA Card Services, N.A., we will void the payment, reinstate the Cash Rewards to your account, and notify you at the address provided at the time of redemption. FIA Card Services, N.A. will resolve any questions regarding the accrual of Cash Rewards and the sending of payments to your mortgage. We are not responsible for how the payment is applied to your mortgage account and cannot control whether payments will be applied to the principal balance on your loan or any outstanding interest or loan fees. It is your responsibility to ensure that payments we make on your behalf do not violate the terms of your agreement with Bank of America, N.A. or any other Mortgage Lender that you designate as payee during the redemption process. We are not responsible or liable for any prepayment penalties that Bank of America, N.A. or your Mortgage Lender may charge to your mortgage account. If an adjustment to your Cash Rewards total for any reason causes you to receive more credit to your mortgage account than you were otherwise entitled to, you agree you may owe the value of such excess to us. We have the right to reduce your Cash Rewards balance accordingly, withhold any subsequent Cash Rewards and/or credits to your mortgage account, and/or collect any amount(s) you owe, in any appropriate manner. This includes, but is not limited to, the posting of an equivalent debit in the form of a cash advance transaction to the Card. Redemption for Statement Credits Cash Rewards redeemed for a statement credit to your Card will post to your account within 3 days of the date of redemption. Statement credits will generally be applied to your existing balance with the highest priced Annual Percentage Rate (APR). If you receive a statement credit, you are still responsible for paying your Total Minimum Payment shown on each Statement you receive from us. If your Card is closed before the statement credit posts to the account, you will forfeit your Cash Rewards (except if your Card has been reported as lost or stolen, subject to verification). Redemption for Checks Cash Rewards checks will be made payable to the individual designated by us as the Primary Cardholder. Checks will not be made payable to either a joint Cardholder or an authorized user.

6 Page 5 We will mail each check to the Primary Cardholder s billing address via first-class U.S. mail within fourteen (14) business days of the redemption request. We are not responsible for lost, stolen, or undelivered checks. Requests for multiple checks are processed and mailed separately. Checks are valid for ninety (90) days from date of issue. An expiration date will appear on each check. We will void any check that is not presented for payment before the expiration date. In such cases, we will award the Cash Rewards as a statement credit posting to your Card within two Billing Cycles following the expiration date. This will appear on your account as a retail credit adjustment. If your Card is closed before a check is drawn, you will forfeit your Cash Rewards (except if your Card has been reported as lost or stolen, subject to verification). There is no yearly limit to the number of checks you can receive. Redemption for Contributions into an Eligible IRA You can redeem your Cash Rewards towards a contribution ( IRA Reward ) to an eligible IRA account in your name with Bank of America, N.A. or Merrill Lynch ( eligible IRA account ). Your Cash Rewards can only be redeemed for deposit into an eligible IRA account with a $25 minimum. Your Cash Rewards are not automatically redeemed for contribution to an IRA account. Cash Rewards are only redeemed for contribution to an eligible IRA account when you request that they are. All redemptions must follow the terms of the Program Rules and the agreements and terms and conditions of the IRA account. Cash Rewards can t be redeemed for a contribution to an IRA account other than an IRA account at Bank of America, N.A. or Merrill Lynch. How you redeem into an eligible IRA Sign into the Site by visiting bankofamerica.com/privilegescash. Select the IRA Reward option. Enter your eligible IRA account number and all other requested information in the fields shown. Within fifteen (15) business days, FIA Card Services, N.A. will send your contribution to the eligible IRA account you selected, either electronically or by check. Rejections of Contributions If Merrill Lynch or Bank of America, N.A. refuses to accept a contribution for any reason, we will notify you by at the address you provided at the time of redemption and will reinstate the Cash Rewards to your Card account. We cannot guarantee that Bank of America, N.A. or Merrill Lynch will accept contributions from FIA Card Services, N.A. on your behalf. If your contribution is rejected for any other reason or does not clear within ninety (90) days from the date it was issued by FIA Card Services, N.A., it will be considered void, and the Cash Rewards used to get the IRA Reward will be reinstated to you or to your Card account. If your Card is closed before the Cash Rewards can be reinstated to your account, then the Cash Rewards will be forfeited (except if your Card has been reported lost or stolen, subject to verification). It s important to remember that receiving a BankAmericard Privileges credit card with Cash Rewards does not establish an IRA account at either Bank of America, N.A. or Merrill Lynch, nor does it guarantee that Bank of America, N.A. or Merrill Lynch will establish or maintain an IRA account for you.

7 Page 6 Contribution limits and eligibility requirements Cash Rewards redeemed for contribution to your eligible IRA account will be treated as a contribution for the year in which it is made and will be subject to the IRS contribution limits that apply to your eligible IRA account. The IRS also imposes limits on who is eligible to make contributions to an IRA account. You are solely responsible for calculating your contribution limits and your eligibility to make IRA contributions. We don t impose limits on the number of IRA Reward redemptions you may complete each year. If an adjustment to your Cash Rewards total, whether due to error, refund, credit, or other form of rescission causes you to receive more credit to your IRA account than you were otherwise entitled to, you agree you may owe FIA Card Services, N.A. the value of such excess. Neither FIA Card Services, N.A., Bank of America, N.A. nor Merrill Lynch is providing you with tax advice. You should consult with your tax advisor regarding your eligibility to make contributions to an IRA account. To learn about IRS contribution limits and eligibility requirements for IRA accounts, visit ira.bankofamerica.com. What you need to know Questions about the accrual of Cash Rewards and the sending of contributions to Merrill Lynch or Bank of America, N.A. are resolved by FIA Card Services, N.A. After the transfer of your IRA Rewards contribution from FIA Card Services, N.A. to Merrill Lynch or Bank of America, N.A., FIA Card Services, N.A. is not responsible or liable for the administration of this contribution or items associated with your IRA account. It s your responsibility to ensure that contributions made by FIA Card Services, N.A. to your eligible IRA account on your behalf don t violate the terms of that account. FIA Card Services, N.A. is not responsible or liable for any taxes or penalties resulting from contributions. FIA Card Services, N.A. reserves the right to change or cancel this redemption option at any time. Amounts, including IRA Rewards, contributed to the Bank of America, N.A. or Merrill Lynch eligible IRA account that are ineligible contributions or that exceed applicable annual contribution limits can result in excess contributions. When they aren t promptly corrected, they may cause the account owner to owe IRS excise taxes. The owner of an eligible IRA account is responsible for ensuring that excess contributions don t occur. If an excess contribution does occur, the account owner remains responsible for correcting the excess according to applicable IRS requirements along with any resulting taxes and penalties. Remember, Merrill Lynch and Bank of America, N.A. have the right, but aren t required, to reject a deposit from FIA Card Services, N.A. for redeemed Cash Rewards. This includes, but is not limited to, situations where information in Bank of America, N.A. or Merrill Lynch s records shows that the deposit will result in an excess contribution to a tax advantaged retirement account. Establishment or ownership of a Bank of America, N.A. or Merrill Lynch IRA account (or other relationship with Bank of America, N.A. or Merrill Lynch) is not required to obtain the Card or to be eligible to use Cash Rewards to obtain any Rewards offered under the Program other than IRA Rewards.

8 Page 7 Redemption for Contributions to a 529 Plan Account You can redeem Cash Rewards for contributions to a Merrill Lynch Section 529 Account: NextGen College Investing Plan, which requires a minimum investment amount. Cash Rewards will be debited from your Cash Rewards balance and a corresponding credit will be posted to your 529 Account upon redemption. No returns or refunds are allowed. Before you invest in the NextGen plan, request a NextGen College Investing Plan Program Description by calling toll-free NEXTGEN ( ) and read it carefully. The Program Description contains more complete information, including investment objectives, charges, expenses and risks of investing in the NextGen plan which you should consider carefully before investing. Also consider whether your home state or your designated beneficiary s home state offers any state tax or other benefits that are only available for investments in such state s 529 plan. Merrill Lynch is the program manager, underwriter and distributor. The NextGen plan is a Section 529 plan administered by the Finance Authority of Maine. Investment oversight is provided by the Maine State Treasurer. Redemption for Contributions to a Cash Management Account You can redeem Cash Rewards for contributions to a Merrill Lynch Cash Management Account ( CMA ). To complete your redemption, you must provide your CMA Account number and your authorization to send the Cash Reward electronically through the Automated Clearinghouse System (ACH). Once processed, your contribution will be deposited into your CMA Account within fourteen (14) business days of the request. Your Cash Rewards are considered fully redeemed once an ACH deposit is made to your CMA Account. FIA Card Services, N.A. isn t responsible for lost, stolen or undelivered ACH deposits, and substitute ACH deposits won t be made available. Once an ACH deposit is complete and the value of any transaction(s) forming all or part of the Cash Rewards used to get the ACH deposit is refunded, credited or otherwise rescinded, we may, at our discretion: - Stop payment on the ACH deposit. - Withhold subsequent Cash Rewards. - Collect any amount you owe, in any appropriate manner. This includes, but is not limited to, the posting of an equivalent dollar debit in the form of a cash advance transaction to your Card. Charitable Donations Redeem your Cash Rewards for a cash donation to a charitable organization. Consult your tax advisor to see if your donation qualifies with the IRS as a charitable donation. Additional Terms Program changes Changes to the Program and the Program Rules may occur from time to time. When any change is made, we ll post revisions on the Site. In some cases, we may notify you of changes by mail. However, it s your responsibility to review the Site or any correspondence to stay aware of any changes. We may choose to: Discontinue or replace any type of Cash Reward with a similar one of lesser, equal or greater value.

9 Page 8 Change any part of the Program or Program Rules. Terminate the Program, or discontinue your participation in it for any reason. For example, we may disqualify you from earning and redeeming Cash Rewards if we find that you or someone else used your account in a way that breaks the Program Rules. Changes may also affect outstanding transactions and Cash Rewards, including, but not limited to: The earnings rate for Cash Rewards The types of transactions that qualify for Cash Rewards The type or value of Cash Rewards The minimum amount of Cash Rewards required for redemption The Program is not scheduled to end on a predetermined date. Disputes regarding Rewards Discrepancies about Cash Rewards are not treated as credit card billing disputes. Please refer to your Credit Card Agreement or the annual Your Billing Rights notice for details about billing disputes. All decisions regarding Cash Rewards disputes shall be final. Refunds on credit card transactions If you earn Cash Rewards with a credit card transaction that is later refunded and you redeem the Cash Rewards, we may: Stop payment on any checks Withhold subsequent Cash Rewards Collect any amounts you owe; this may include charging an equivalent dollar amount to your Card (in the form of a Bank Cash Advance) Program administration FIA Card Services, N.A. manages the Program. General liability The BankAmericard Privileges credit card with Cash Rewards is separate and distinct from any accounts you may have with Bank of America and its affiliates. Approval of this credit card account does not mean a checking or savings account will be established for you or that you will be approved for a mortgage loan. You agree to release FIA Card Services, N.A., and any of its affiliates from all liability, including: Any loss, claim, expense or damages you experience in connection with Cash Rewards. If at all, the sole extent of any liability will not exceed the actual value of the Cash Reward. Any claims, expenses and legal fees arising from or related to any violation of the Program Rules by you or anyone using your Card account. Any typographical errors or omissions in any Program-related document. Delayed or lost correspondence sent by U.S. mail or any other form of delivery, including . Any error, omission, interruption, deletion, defect, delay in operation or transmission, theft, destruction or unauthorized access to, or alteration of Cash Rewards accrued and redeemed or other Program activities. Since Cash Rewards have a monetary value, you re responsible for any tax responsibilities that may arise from redeeming Cash Rewards. Please consult your tax advisor for details. All aspects of the Program are governed by the laws of the State of Delaware. In states that don t allow the disclaimer of warranties or exclusion of liability, the above limitations may not apply. For information about our rights and your responsibilities regarding the online portion of the Program, see the Terms of Use at the Site.

10 Program administration, service marks and trademarks Merrill Lynch Cash Management Account, CMA, Bank of America, BankAmericard Privileges and the Bank of America logo are registered trademarks of Bank of America Corporation. Visa is a registered trademark of Visa International Service Association and is used by the issuer pursuant to license from Visa U.S.A. Inc. MasterCard is a registered trademark of MasterCard International Incorporated and is used by the issuer pursuant to license Bank of America Corporation <AADCBACABDBCBAC> INS C

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