Silver Hill Financial, LLC reserves the right to add to and/or change the Silver Star Rewards Program’s ("Program") Terms & Conditions at any time. For example, Silver Hill Financial, LLC may change the number of points required to redeem rewards, the number of bonus points earned, impose caps on earning or redeeming points, and/or cancel rewards. In addition, Silver Hill Financial, LLC reserves the right to terminate the Program with three months’ prior notice. During the three-month notice period, Silver Hill Financial, LLC may change or cancel some or all of the then-current rewards. The Terms and Conditions apply to all active Participants. A Participant activates enrollment in the program by completing the requirements of section 5. Void where prohibited by law.
Program Terms & Conditions 1 - Program Sponsor
The Program is sponsored by Silver Hill Financial, LLC, 4425 Ponce de Leon Blvd. 5th floor, Coral Gables, FL 33146 (“Sponsor”).
2 - Program Eligibility
The Program is available only to members of the mortgage brokerage industry who are registered as a broker with Sponsor and close a valid deal with Sponsor on or after May 1, 2005 (“Participant”). Deal is defined as a mortgage transaction to a borrower in which the loan is funded and a security instrument is recorded. Deal must comply with all requirements necessary for Sponsor to accept it as a valid/legally binding deal. Only brokers registered as a broker with Sponsor are eligible to participate in the Program and receive reward points for closing a valid deal with Sponsor. If a broker works with another broker on a deal, only the primary broker will be eligible to participate in the Program and receive reward points. The Program is void where prohibited by law. Employees, officers and directors of Silver Hill Financial, LLC, its parent, subsidiaries, affiliates, contractors and agents, the immediate family of such employees/officers/directors (parents, children, siblings and spouse regardless of where they reside or are domiciled), and members of their respective households (whether related or not) are not eligible to participate in the Program. Participation subject to employer's company policies regarding employee participation in third party rewards programs.
3 - Program Point Accrual
Each Participant enrolled in the Program will accrue points in his/her Program account for every eligible dollar of the deal closed with Sponsor. Participant will not accrue points in his/her Program account for the dollar amount of any deal closed prior to May 1, 2005. Accrued points have no expiration dates. Points accrued in any Program account do not constitute the Participant’s property and are not transferable by operation of law or otherwise to any person or entity and cannot be transferred to any other Program account.
Sponsor will only reward points for a deal, after the closed loan is funded. One Program account valid per Participant.
4 - Program Bonus Point Accrual
Sponsor may offer bonus points, at its sole discretion. Sponsor will notify Participants of the terms and conditions of any special bonus offers, as they occur. Bonus points may be awarded based on the volume of deals closed with Sponsor but will not be awarded based on the interest rate of any loan.
5 - Program Enrollment
Eligible Participants will receive an email message and/or a direct mail piece from Sponsor communicating they are eligible to participate in the Program. The email message and/or direct mail piece will contain instructions on how to enroll in the Program, as well as a Client ID Number. Participants can enroll in the Program by visiting the Program’s Website at http://www.silverhillrewards.com. To open a Program account, participants will need to enter their Client ID number (provided to them by Silver Hill Financial) as their user ID, and their last name, which will be used as the Participant’s account password.
6 - Program Point/Rewards Redemption
Points accrued in Participant‘s Program account can be redeemed for a reward(s). Requests for redemption of a reward(s) must be made by Participant. Requests for redemption of a reward(s) must be initiated by visiting the Program Website at http://www.silverhillrewards.com. Participants must follow the Program Website instruction on how to select and redeem rewards.
7 - Conditions 7.1 - General Conditions
By participating in the Program, Participant agrees to abide by and be bound by these Terms and Conditions and the decisions of the Sponsor, which are final and binding in all respects. Rewards will be awarded only if a participant fully complies with these Terms and Conditions.
By participating in the Program, all Participants release and agree to hold harmless Sponsor and its respective parents, affiliates, subsidiaries, advertising and promotion agencies, and all of their respective directors, officers, employees, representatives and agents (the "Released Parties"), from and against any and all liability for any loss, damage or expense, including, but not limited to, property damage or damage to persons, including, without limitation, death and injury, due in whole or in part, directly or indirectly, from or arising out of participation in this Program, participation in any Program related activity, or the receipt, acceptance, possession or use/misuse of any product/service/travel reward. This includes any action whether arising in contract, tort, regulatory enforcement or otherwise. By participating in the Program, each Participant represents and warrants to the Released Parties that the Participant is legally entitled to participate in the Program and that such participation does not violate any law or regulation governing the conduct of the Participant.
By participating in the Program, all Participants authorize Sponsor to use their name, address (city, state), company name, title and/or their photograph, any taped appearance or interview with them or any likeness of them, their voice and/or any statements made by or attributed to them regarding the Sponsor, in perpetuity, in connection with the publicity, advertising or promotional activities for the Program or any other like or similar future program in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), and any and all rights to said use, without further notification or further compensation.
All rewards are subject to availability. Certain restrictions apply to rewards. Sponsor reserves the right to modify or cancel any reward at any time. Merchants participating in the program are subject to change. Some rewards may have limited availability. Terms and Conditions of each reward are set forth by Sponsor and/or participating merchants, at their sole discretion. Some rewards may require an additional charge for shipping and handling.
Redeemed rewards are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other rewards or points under any circumstances.
By receipt of any reward, Participant accepts his/her reward with no further obligation from Sponsor.
7.2- Product Rewards Conditions
All product rewards are subject to product availability. Participant will be notified if the item ordered is not available and if and when it will become available. Sponsor reserves the right to substitute items of equal or greater value. Sponsor will ship the model pictured or the most current comparable model available. Items ordered at the same time may arrive separately. Products/Merchandise can only be shipped to addresses in the United States. Products/Merchandise will be delivered to Participant’s door within 3-4 weeks of placing the order, with the exception of truck-shipped items indicated by notes in the product description at http://www.silverhillrewards.com. Participants must allow 6-8 weeks for delivery of truck-shipped items unless otherwise specified. Product/Merchandise cannot be delivered to P.O., A.P.O. or F.P.O boxes. Participants from Alaska and Hawaii must allow an additional 2 weeks for delivery of product/merchandise.
Damaged or defective items must be returned according to the Product/Merchandise Return and Cancellation Policy of the Program. Returned Products/Merchandise must be in their original packaging and include batteries, cables, remote controls, etc. Product/Merchandise rewards may not be returned or exchanged unless proven to be damaged or defective. Damaged or defective Product/Merchandise must be returned within 30 days of delivery. Participant returning a Product/Merchandise must advise customer service at http://www.silverhillrewards.com of his/her intent so that a return authorization number can be assigned to Participant’s shipment.
Participants may not cancel an order more than 48 hours after the redemption is made. Participants must contact Silver Hill Contest Zone Customer Care with any delivery issues by using the Customer Service Form at the http://www.silverhillrewards.com Website.
Sponsor and participating merchants will not be responsible for any costs associated with fixing/replacing/installing/activating/upgrading any product rewards delivered to a Program Participant.
7.3- Travel Rewards Conditions
Airline tickets included in the travel rewards package may not be valid for airline mileage programs. Airline tickets cannot be exchanged. Airline tickets and hotel vouchers/certificates cannot be combined with any other promotion or offer. Car rental certificates may not be combined with any other corporate discount program number, discount or promotional rates or programs. Participants and their travel companions (if applicable) are subject to the regulations of the participating airlines, hotels and rental car companies (as applicable). If Participant does not show up for boarding on the day and time specified on the airline ticket, Participant will lose the right to the travel reward. Participants are solely responsible for obtaining the required travel documents, including passports and visas; Participants are also solely responsible for any necessary immunizations. Further, Sponsor is not responsible for any decisions made by any consulate concerning the issuance of a visa. All travel is subject to availability, blackout dates and other restrictions.
All additional travel expenses related to the Travel Reward and not specified at http://www.silverhillrewards.com will be the sole responsibility of Participant, including possible expenses for insurance, travel documentation and visas; optional tours; tips; personal expenses; departure taxes, transfers, meals, etc.
Car rental taxes, local airport fees, customer facility fees, concession recovery fees, surcharges and optional services-such as refueling, upgrades to higher car classes, extra-day and drop charges, additional driver fee, LDW and optional insurance like PAE, PAI, PEC, SLL and LIS are the responsibility of Participant. Participants renting a car must meet participating rental car establishment's standard driver, credit and age qualifications at time and place of rental. Vehicles must be returned to renting location except where intercity and intracity drop-offs are permitted by the car rental company. Car Rental Certificates must be surrendered at the time of rental, and no reproductions or photocopies of Certificates will be honored. Renters using Certificates will not earn frequent traveler miles/credits or points.
All terms and conditions of the participating airlines, hotels and car rental companies apply and Participant must comply with such terms and conditions in its entirety. That includes provisions regarding cancellations, rush fees, deadlines for issuing airline tickets, change date penalties, routing changes, paper airline tickets fees, valid gateways, airline children and infant discounts, airline ticket shipping charges, paid upgrades, blackout dates, taxes, fees and surcharges applicable to the air transportation, hotel and car rental certificate validity from date of issue, and any other restrictions and/or conditions.
7.4 - Gift Card/Certificate Rewards Conditions
Gift Card/Certificate Rewards must be redeemed in accordance with merchant’s policies. Sponsor and participating merchants are not responsible for replacing lost, stolen or mutilated Certificates or Gift Cards. Gift Cards/Certificates may be combined unless otherwise indicated, but Gift Cards/Certificates may not be combined with any other promotional offers from Sponsor or the participating merchant. Expiration for Gift Cards/Certificates varies by merchant. Gift Cards/Certificates are valid at participating merchants only through the expiration date defined by merchant, at its sole discretion. Gift Cards/Certificates must be surrendered at redemption. No photocopies of Gift Cards/Certificates will be honored. Acceptance of the Gift Cards/Certificates is the sole responsibility of the participating merchant, not of Sponsor. Gift Cards/Certificates are not valid toward previous purchases and cannot be used as payment on existing account balances with the participating merchant. Gift Cards/Certificates have no cash value and may not be redeemed for cash or its equivalent, and any unused portion will not be returned as cash unless a Gift Card/Certificate states otherwise. Points redeemed for a Gift Card/Certificate cannot be re-deposited to Participant’s Program account once the Gift Card/Certificate is issued. Gift Cards/Certificates are void where prohibited by law. Unless otherwise stated on the Gift Card/Certificate, Gift Cards/Certificates offered do not include any federal, state or local taxes, which are Participant’s sole responsibility at time of redemption. Use of any Gift Card/Certificate is subject to any additional restrictions listed on the Gift Card/Certificate.
8 - General
Fraud or abuse relating to the accrual of points or redemption of rewards may result in forfeiture of accrued points as well as cancellation of Participant's Program account. All questions or disputes regarding eligibility for the program, eligibility of points for accrual, conversion of points or redemptions of rewards will be resolved by Sponsor at its sole discretion. The determination of tax liability for any federal, state or local taxes (if applicable) arising out of the accrual or conversion of points or redemption of rewards in the Program shall be Participant's sole responsibility. Sponsor is not responsible for typographical and/or photographic errors and/or omissions in the online rewards catalog at http://www.silverhillrewards.com. Sponsor is not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, by participant's participation in the Program or from downloading any material from the http://www.silverhillrewards.com Website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to the Sponsor's Website by a hypertext link. Sponsor reserves the right, at its sole discretion, to cancel, suspend or modify the Program if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Program such that the Program cannot be conducted as originally planned, as determined by Sponsor in its sole discretion. In such event, Sponsor will award rewards in a manner which Sponsor, in its sole discretion, determines is fair, equitable and in accordance with these Terms & Conditions. Redemption of points in this program may constitute taxable income to the redeeming participant. Sponsor will report all tax information to participants in accordance with the regulations of the Internal Revenue Service. If you have any questions regarding the possible tax implications of participation in this program, you should consult with your own tax advisor.
9 - Arbitration and Choice of Law
Except where prohibited by law, as a condition of participating in this Program, Participants agree that (1) any and all disputes and causes of action arising out of or connected with this Program, or any rewards awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) and held at the AAA regional office nearest the Sponsor; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction.
Except where prohibited by law, under no circumstances will Participants be permitted to obtain awards for, and Participants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Participants’ actual out-of-pocket expenses (i.e., costs associated with participating in this Program), and Participants further waive all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of Participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of Florida, without giving effect to any choice of law or conflict of law rules or provisions, which would cause the application of the laws of any jurisdiction other than Florida.
10 - Copy of Terms & Conditions
For a copy of these Terms & Conditions, mail a hand-printed self-addressed envelope to: “Silver Hill Financial, LLC Silver Star Rewards Program”, 4425 Ponce de Leon Blvd., 5th Floor, Miami, FL 33146. Only one request per outer envelope.