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Terms & Conditions

Bank of Hampton Roads CheckCard Rewards Program

Welcome to the Bank of Hampton Roads CheckCard Rewards Program (the "Program"). The Program offers U.S. residents the opportunity to earn cash rebates when they use their CheckCard to make purchases at certain retailers who participate in the Program ("Participating Retailers"). These are the rules governing the Program (the "Rules"). In these Rules, "Sterling" means Sterling Payment Technologies, Inc., the manager of the Program, or its agents, independent contractors, designees, or assignees. "Bank of Hampton Roads" means Bank of Hampton Roads, the sponsor of the Program, or its agents, independent contractors, designees, or assignees. "We," "us" and "our" means, as the context may require, Sterling and Bank of Hampton Roads. "You," "your" and "yours" means each and every person who now or hereafter is a Bank of Hampton Roads CheckCard holder. By participating in the Program, you agree to these Rules, as stated herein and as they may be modified from time to time, in our sole discretion. In addition to these Rules, your use of the Bank of Hampton Roads CheckCard and the Program also are governed by your customer agreement and disclosure statement with Bank of Hampton Roads relating to the use of your Bank of Hampton Roads CheckCard (the "Card Agreement"). In the event of a conflict between the Card Agreement and these Rules, the Rules will govern any matter relating to the Program while the Card Agreement will govern all other matters.
  1. Enrollment in the Program; Eligibility. Bank of Hampton Roads CheckCards are automatically enrolled in the Program. There is no fee to participate in the Program. You are eligible to participate in the Program if (a) your CheckCard was issued in the United States, (b) you continue to be a Bank of Hampton Roads CheckCard holder and (c) you continue to satisfy all current and future eligibility criteria that is established for the Program. The eligibility criteria may be modified from time to time, at the Program's sole discretion. The Program further reserves the right to determine in its sole discretion whether a particular CheckCard or CheckCard holder is eligible to participate in the Program. Your continued use of your Bank of Hampton Roads CheckCard while enrolled as a member of the Program constitutes your consent to these Rules in connection with any transactions you make while you are a participant in the Program. We may also cancel your enrollment in the Program for any reason without compensation to you.

  2. Use of the Program Website. Sterling operates the Site, which provides additional information regarding the Program and, if you are a registered user of the Site, also will give you access to certain information about your earnings with respect to the Program. The Site itself is governed by separate terms and conditions. Please read those terms and conditions carefully, as they describe your rights and obligations with respect to the Site. Certain features or services offered on or through the Site, such as the ability to establish an online profile with information about your earned rebates, require that you become a registered user (including establishing a username and password).

    You alone are responsible for maintaining the confidentiality of your online profile information, including your password, and for any and all activity that occurs with respect to your online profile. You agree to notify us immediately of any unauthorized use of your online profile, username or password, or any other breach of security. Regardless of when you notify us, you may be liable for losses incurred by us or any other user of or visitor to the Site as a consequence of the use of your username, password or online profile by someone else. You may not use anyone's username, password or online profile at any time without the express permission and consent of the holder of that username, password or online profile. You agree that we are not liable for any loss or damage arising from your failure to comply with these obligations.

  3. Earning Cash Rebates. Participating Retailers offer you a rebate based upon the amount of your purchase from that Participating Retailer when you use your Bank of Hampton Roads CheckCard. The amount of your rebate is determined by the dollars you spend at Participating Retailers for purchases made using your Bank of Hampton Roads CheckCard, and varies among Participating Retailers. Specific details of the Program, including a current list of Participating Retailers, specific rebate offers, limitations and eligibility rules for such offers, are included on the Site. The list of Participating Retailers is subject to change without notice; before making a purchase, please review the most current list on the Site to ensure that the retailer you plan to patronize is a Participating Retailer; please also review the specific terms and conditions of each rebate offer as offers may vary. When you use your Bank of Hampton Roads CheckCard to make a purchase from a Participating Retailer, you are eligible to receive a rebate based on the actual price of the merchandise that you purchase, exclusive of tax and other fees or service charges. Additional cash withdrawals at the time of your purchase are not eligible for a rebate. Your rebate will be credited to your account with Bank of Hampton Roads to which your Bank of Hampton Roads CheckCard is linked ("Bank of Hampton Roads Account").

    Your Bank of Hampton Roads Account statement will indicate the amount of any rebates credited to your Account during your statement period. However, the actual period of time it will take to receive a rebate for any single eligible transaction may vary. You should never assume that a rebate is available to you until it is actually posted to your Bank of Hampton Roads Account.

    You may not transfer rebates from one Bank of Hampton Roads Account to another Bank of Hampton Roads Account, even if you own both Bank of Hampton Roads Accounts. You agree that we are not liable to you for any fees incurred by you or any other loss you may sustain as a result of your reliance on rebates being credited to your Account. Earned rebates will be credited to your Bank of Hampton Roads Account and the value of the rebate will be accessible to any owner or Bank of Hampton Roads CheckCard holder of that Bank of Hampton Roads Account, regardless of which cardholder made the qualifying purchase.

  4. Your Obligations. You agree to notify all other CheckCard holders associated with your Account of the existence of these Rules.

  5. 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 program website (ii) any dispute you may have with any participating retailer arising out of the 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 program website or (v) any taxes which you incur as a result of receiving rebates. 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 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 program rules and have not yet received.

  6. Change of Terms; Electronic Disclosures. Bank of Hampton Roads reserves the right to change these Rules (including the separate sections hereof ) and/or features, operational elements, and other terms and conditions applicable to the Program, at any time. Any such changes will be effective as of the time determined by Bank of Hampton Roads, 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 these Rules, the Site or the Program, you must cancel your enrollment in the Program. By continuing to use your Bank of Hampton Roads CheckCard 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 Site or by transmitting them, or notice of the availability thereof at the 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, and other messages concerning the Program and your use of your Bank of Hampton Roads CheckCard.

    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 Site or after they are transmitted to you to your e-mail address, as applicable, whether or not you have retrieved them by that time. 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.

  7. Information We Collect and Use. We will only disclose information to third parties about your CheckCard 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 CheckCard 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; (e) as permitted by law; and (f ) as otherwise set forth in the Privacy Policy.

  8. Customer Service. To inquire about any aspect of the Program, including these Rules, your Program activity and earnings, or your Bank of Hampton Roads CheckCard Account, you may use the contact information listed below.

  9. General. The Program is void where prohibited by law. You agree that any dispute concerning any aspect of the Program, including without limitation, the Rules, your enrollment, any rebate or any award will be governed by the laws of the State of Florida, without regard to its conflict of laws principles. You agree to personal jurisdiction by, and venue in, the state and federal courts in Hillsborough County, Florida, and waive any objection to such jurisdiction or venue. You agree that any claim under these Terms 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 either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, 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 Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.

  10. Disclaimers. You understand that Bank of Hampton Roads does not operate or control the products or services offered by Participating Merchants. Participating Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Bank of Hampton Roads is not a party to the transactions entered into between you and Participating Merchants. Neither Bank of Hampton Roads nor its partners are responsible for the quality or quantity of goods or services obtained from Participating Merchants.

  11. Correcting Errors. If you believe that a Qualifying Purchase has not been properly posted to your Account, you must inform Bank of Hampton Roads within 120 days of the Qualifying Purchase. In such circumstances, you must send proof of purchase (a copy of the receipt or statement) with your name and address using the contact information below:

    Bank of Hampton Roads CheckCard Rewards Program
    Phone: (757) 217-1000
    Fax: (757) 217-3656
    999 Waterside Drive, Suite 200
    Norfolk, VA 23510

    Receipts sent in after the 120-day period or which otherwise do not comply with the foregoing requirements will not be considered for Rewards. Bank of Hampton Roads reserves the right, however, to determine, in its sole and absolute discretion, whether Rewards should have been posted to your Account. You acknowledge that any such determination by Bank of Hampton Roads will be final and binding.

  12. Account Adjustments In the event of any abusive or fraudulent activity related to your participation in the Bank of Hampton Roads CheckCard Rewards Program as determined by Bank of Hampton Roads in its sole discretion, Bank of Hampton Roads reserves the right to make any adjustments to your Account at any time. Any such adjustments, however, will be made in accordance with these Terms and Conditions, any Bank of Hampton Roads Policies, any applicable laws, rules or regulations, and the terms of any Participating Merchant offers.

  13. Returning and Rescinding Rewards In our sole discretion, we may deduct Rewards or Points from your Bank of Hampton Roads Account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases.

Terms of Use for MyBankCardRewards.com/BankofHamptonRoads

  1. Acceptance of Terms. Welcome to the MyBankCardRewards.com/BankofHamptonRoads website (the "Site"). The Site provides information and assistance relating to the Bank of Hampton Roads CheckCard Rewards Program (the "Program"), including Program account information for registered users of the Site. These terms of use (the "Terms") govern your use of the Site, and by using the Site you agree to these Terms, as stated herein and as they may be modified from time to time, in our sole discretion; if you do not agree to these Terms, you may not use the Site. In addition to these Terms, the Program itself is governed by separate rules. If you are enrolled in the Program, please read those rules carefully, as they describe how the Program operates as well as your rights and obligations with respect to the Program. In these Terms, "Sterling" means Sterling Payment Technologies, the operator of the Site and the manager of the Program, or its agents, independent contractors, designees, or assignees. "Bank of Hampton Roads" means Bank of Hampton Roads, the sponsor of the Program, or its agents, independent contractors, designees, or assignees. "We," "us" and "our" means, as the context may require, Sterling and Bank of Hampton Roads. "You," "your" and "yours" means each and every person who now or hereafter is a Bank of Hampton Roads CheckCard holder.

    As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited, revocable license to enter and use this Site for your own personal use and not for distribution, assignment, sublicense, sale, transfer, publication, creation of derivative works or otherwise. Except for the limited rights expressly granted herein, all right, title, and interest in and to the Site and any Content (as defined below) contained therein is reserved by us. We reserve the right to modify these Terms from time to time without notice, within our sole discretion. Please review these Terms periodically for changes. Your continued use of the Site following the posting of any changes constitutes your acceptance of such changes. We further reserve the right, in our sole discretion, to deny access to this Site to anyone at any time without any notice for any reason, including without limitation for violation of any of these Terms.

  2. Images/Information/Trademarks. All images, graphics, text, copy, information, content, animation, music, sounds, copy, formatting, trademarks, logos, slogans, service marks, trade names, and any parent, subsidiary, or affiliated company names (collectively, the "Content") shown on the Site are our property or the property of our business partners and suppliers and may not be reproduced without permission. The Content may not be copied for commercial or public use, modified, distributed, transmitted, displayed, published, sold, licensed, reversed engineered, decompiled, or disassemble; nor shall any Content be redistributed or re-posted to any other websites or any derivative works be created from the Content. Any unauthorized commercial use of the Content will violate intellectual property rights of Sterling, Bank of Hampton Roads, and our business partners and suppliers and we reserve the right to seek all remedies available at law and in equity for intellectual property right infringement.

  3. Your Registration Obligations/Technical Interface. You are solely responsible for your connection to the Site, including but not limited to the equipment you utilize to access the Site (such as your computer or modem), the communications services you use to connect to the Site (such as your Internet service provider), and any fees associated with your Internet connection. We do not guarantee that the Site will be operational and properly functioning at any particular time, or that you will be able to access it with your particular computer equipment or software.

    Certain features or services offered on or through the Site, such as the ability to establish an online profile with information about your earned rebates, require that you become a registered user and establish an online profile on the Site (including establishing a username and password). You alone are responsible for maintaining the confidentiality of your online profile information, including your password, and for any and all activity that occurs with respect to your online profile. You agree to notify us immediately of any unauthorized use of your online profile, username or password, or any other breach of security. Regardless of when you notify us, you may be liable for losses incurred by us or any other user of or visitor to the Site as a consequence of the use of your username, password or online profile by someone else.

    You may not use anyone's username, password or online profile at any time without the express permission and consent of the holder of that username, password or online profile. You agree that we are not liable for any loss or damage arising from your failure to comply with these obligations.

  4. User Conduct. By using the Site, you agree not to:
    1. upload, submit, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors, or racially, ethnically, or otherwise objectionable;
    2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through or submitted to the Site;
    4. upload, submit, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    5. interfere with or disrupt the Site in any way, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
    6. violate any applicable local, state, national or international law; or
    7. forward any linked offers or other information found on this Site to anyone else.


    You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

  5. Links to Other Sites. You will find advertising or other content on the Site that may link to the website and service of other businesses, including our advertisers, sponsors, licensors and other third parties ("Linked Site"). We do not control these Linked Sites and we make no representations about any content, products, or services available at these Linked Sites. Such Linked Sites may have different privacy, security, and accessibility standards and we urge you to be mindful of the terms of service and privacy and security policies that may apply to the Linked Site before you use the Linked Site. Providing a link to a Linked Site shall not be construed as an endorsement, approval, authorization, sponsorship, or affiliation by us with respect to such Linked Site, its owners, or its providers. We are not responsible or liable for the accuracy, content, advertising or authenticity of the information or content contained in any such Linked Site, or for any products, services, or other materials on or available from such Linked Sites or resources. Should you decide to access any Linked Site through the Site, you do so at your own risk.

  6. Disclaimer of Warranties. We do not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. We disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against us for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

    The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

    We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

  7. Limitation of Liability. Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.

  8. Indemnity. You agree to indemnify and hold us and our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against us by any third party due to or arising out of or in connection with your use of the Site.

  9. Privacy/Sharing of Information. A privacy policy governs our collection, use and disclosure of information about you via this Site. That privacy policy is available for review by clicking on "Privacy Policy" on the Site. The terms of the Privacy Policy are hereby incorporated into these Terms and are part of the agreement between you and us. By using the Site, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

  10. Change of Terms; Electronic Disclosures. We reserve the right to change these Terms (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 our discretion. Any such changes will be effective as of the time determined by us, 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 these Terms, the Site or the Program, you must cancel your enrollment in the Program. By continuing to use your Bank of Hampton Roads CheckCard 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 Site or by transmitting them, or notice of the availability thereof at the 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 Bank of Hampton Roads CheckCard. 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 we post them on the Site or transmit them, or notice of the availably thereof at the applicable Site, 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 these 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.

  11. General Information. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to personal jurisdiction by, and venue in, the state and federal courts in Hillsborough County, Florida, and waive any objection to such jurisdiction or venue. You agree that any claim under these Terms 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 between us and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, 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 Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.

  12. Web Cookies. MyBankCardRewards.com/BankofHamptonRoads uses a permanent cookie file to uniquely identify your computer as you visit the Site from time to time. No personally-identifiable information is collected or shared with any third party using this cookie.

    MyBankCardRewards.com/BankofHamptonRoads also uses a temporary cookie file only to track your movement from page to page within our site. The cookie is deactivated when you conclude your secure session. Because this cookie is stored only in your computer's temporary memory, it is deleted when you sign off of your Account or when you close your web browser. Most web browsers allow you to modify your preferences to be notified when a cookie is set or to reject all cookies. If you choose to reject these cookies, some areas of the Site may not function properly.

  13. Links to Other Sites. This Site contains links to third party web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Sterling or Bank of Hampton Roads of any information contained in any third party site. In no event shall Sterling or Bank of Hampton Roads be responsible for the information contained on that site or your use of or inability to use such site. Access to any other web site linked to the Site is at your own risk. You should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. CheckCard Rewards is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

  14. Miscellaneous. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions shall be in an appropriate state or federal court located in the City of Tampa and County of Hillsborough, State of Florida and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Except for the Account agreement and Privacy Policy respecting any Account you may have with Bank of Hampton Roads CheckCard Rewards, these Terms and Conditions constitutes the entire agreement between Bank of Hampton Roads and you with respect to this Site and it supersedes all prior or contemporaneous communications, agreements and understandings between Bank of Hampton Roads and you with respect to the subject matter hereof.

    15. Last revised: May 6, 2008



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