Hilton has now teamed up with a Visa. If you sign up for receiving special offers from Hilton via text messages, that might be based on your Visa charge activity, you will receive 1000 Hilton HHonors bonus points. Then for spending $100 at Hilton family of hotels in the US using the registered card, you will receive a bonus of 4000 Hilton HHonors points. This promotion is valid from January 20th to June 30th, 2012. You can register for this promotion at http://www.visa.com/HiltonHHonors/.
You will give permission for Hilton to get information about your charge activity of the card(s) that you register for this program. They then use that information to send you personalized offers by text messages maximum twice a week. You can opt out any time, although I would only after receiving the bonus points.
To receive the Hilton HHonors™ mobile messaging enrollment bonus offer, you must register for the program between January 20, 2012 and June 30, 2012. HHonors members who enroll in this program will receive an enrollment bonus of 1,000 HHonors Bonus Points. In addition, HHonors members have the opportunity to earn up to an additional 4,000 HHonors Bonus Points by spending a minimum US $100 using your Hilton HHonors mobile messaging enrolled Visa card at any participating U.S. hotel or resort in the Hilton Worldwide portfolio after enrolling in the program. Please allow up to six weeks from enrolling for the enrollment bonus of 1,000 Bonus Points to appear in your account. Please allow up to six weeks after completing the minimum spend for additional HHonors Bonus Points to appear in your account. Must be a Hilton HHonors member and enter a valid Hilton HHonors account number when enrolling in Hilton HHonors mobile messaging to receive HHonors Bonus Points. Hilton HHonors membership, earning of Points & Miles™ and redemption of points are subject to HHonors Terms and Conditions.
Here are the full Terms and conditions:
Last Updated: January 4, 2012
HILTON HHONORS MOBILE MESSAGING TERMS AND CONDITIONS
Program Name: Hilton HHonors Mobile Messaging
Program Web site: http://www.visa.com/HiltonHHonors
IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING VISA OFFERS NETWORK PROGRAM TERMS AND CONDITIONS (“TERMS”) BEFORE ENROLLING IN THIS PROGRAM. BY CLICKING ON THE “SUBMIT” BUTTON, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ALL OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ENROLL IN THIS PROGRAM.
VISA OFFERS NETWORK PROGRAM
Hilton HHonors Mobile Messaging (“Program”) is part of the Visa Offers Network program.This Program is operated by Visa Inc. (“Visa,” “us,” “we” or similar pronoun) using the Visa Real-Time Messaging (“RTM”) platform. Merchants, membership programs and other companies can utilize the RTM platform to provide offers and messages to users that sign up for their Visa Offers Network program. The merchant, membership program or other company associated with this Program is identified above and referred to as “Merchant” within these Terms. As used in these Terms, ” Program” shall also refer to this Program website (whether operated as a domain or subdomain, the “Website”), the logos, designs, text, images, videos, graphics, software and other content and materials of Visa or its licensors available through this Program, and the selection and arrangement thereof (collectively, “Content”), and the Visa hardware, software and networks associated with making this Program available to you, including, without limitation, the Visa Real-Time Messaging platform (collectively, the “Program System”). Only legal residents of the 50 United States (including the District of Columbia) may enroll in this Program. Those residing outside of the foregoing jurisdiction are not permitted to enroll in this Program. These Terms are applicable solely to this Program; other Visa Offers Network programs are subject to their own terms and conditions.
This Program is intended to enhance your shopping experience with features and functionality that tracks your purchases from all merchants and delivers customized offers and messages to one or more channels of communication and platforms you select, based on one or more of the triggers described below and other triggers you may agree to. The number of triggered offers and messages may vary depending on a number of factors, including your transaction activity, selected triggers and Merchant’s choice in the number of messages to send. See below for the approximate number of text messages sent per week under this Program. In addition to triggered offers and messages, Merchant may also send you (i) non-triggered offers and promotional messages from time to time (see below number with respect to text messages; other channels and platforms may vary) and (ii) a reasonable number of confirmations and other non-promotional messages. In addition to the channels of communication and platforms currently available for receiving Program offers and messages, we may offer, and you may opt-in to, additional channels and platforms in the future.
Each time you make a purchase with your enrolled Visa card, details regarding your transactions (which may include your flight itinerary information) on your enrolled Visa card may be monitored by Visa in order to deliver to you customized offers and messages from the Merchant and its related brands. By participating in this Program and clicking “I AGREE,” you understand and agree that your historic (up to 13 months) and future transaction history with Merchant and other merchants may be accessed from your enrolled Visa card account, used by Visa to create a profile, and used for the purposes of providing you with offers and messages fueled by insights into your interests, purchase behavior and other relevant criteria. Visa may also use and share your information on an aggregated basis for analytics, modeling and other lawful purposes.
Not all Visa cards are eligible for this Program and not all transactions with your enrolled Visa card are tracked under this Program. Without limitation, Visa Buxx, Flexible Spending Account (FSA) Visa cards, EBT Visa cards and other Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system are not eligible to participate. Also, certain transactions cannot be tracked by this Program including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments of existing card balances, balance transfers, cash advances, ATM transactions, convenience checks, payments made for pre-paid and re-loadable cards such as certain gift cards, Visa Buxx and similar cards, payments made for payment instruments that can readily be converted to cash (for example, travelers cheques, money orders, wire transfers, and similar products or services), or transactions that are not processed or submitted through the Visa U.S.A. Inc. payment system.
MESSAGING OVERVIEW
Approximate Number of SMS Offer and Promotional messages sent per week: 2Triggers that may be used for this Program include:
- where you use your enrolled Visa card to make a purchase, which may be at a physical store or online
- the type of merchant where you make a purchase with your enrolled Visa card
- purchases at the Merchant and its affiliated brands
- time of day of your transaction
- transaction count
- transaction amount
- profile information
Based on your preferences, you will receive offers and messages through digital channels including mobile, email, website and additional channels you choose as they become available (additional channels may be subject to applicable terms and conditions).
Remember, if you change your mind and no longer want to receive Program offers from the Hilton HHonors Mobile Messaging, you can “opt-out” by either:
- sending a text message with the words “STOP” to the Program short code 43471 (or such other short code that may be used in the future – we will send a text message notification if the short code changes);
- sending “STOP” to any text message you may receive from this Program;
- using the opt-out mechanism contained in Program email; or
- using the opt-out link at the Program Website.
When you opt-out from this Program, you may be presented with options to specifically identify your choices for opting-out (e.g., you can opt-out from text messages, but continue to receive offers and messages by email). Please allow a reasonable time period to process your request.
OFFER TERMS
Offers may be subject to additional terms, conditions and restrictions communicated to you from time to time.Terms applicable to Offers:
Must be a Hilton HHonors member and enroll with an eligible Visa card and a valid Hilton HHonors account number to participate. Qualifying spend activity must occur using your enrolled Visa card. Please allow up to six weeks after completing a stay or minimum spend for additional HHonors Bonus Points to appear in your account. Hilton HHonors membership, earning of Points & Miles™ and redemption of points are subject to HHonors Terms and Conditions.
STATEMENT CREDITS
Certain offers may be fulfilled through use of statement credits applied directly to your enrolled Visa card. The following terms apply to statement credit offers.For statement credit offers, you agree that we can track your enrolled Visa card transactions to identify Qualifying Purchases to apply towards your statement credit eligibility. To the extent you have met all the qualifications for a statement credit offer, you authorize Visa or its designee to apply the statement credit to your enrolled Visa card. Statement credits usually post to the enrolled card account within one to two billing cycles. The statement credit will not appear on the receipt or at the Merchant’s point of sale. A posted statement credit may be reversed, in Visa’s sole discretion, for any returns, adjustments, or chargebacks relating to a Qualifying Purchase (as defined below). The reversal of any statement credit will appear on a future card statement.
You are not eligible to receive any statement credits while your enrolled Visa card is not in good standing. Any transactions entered into by you during such time will not be deemed a Qualifying Purchase and forfeited from eligibility.
A “Qualifying Purchase” is further defined as any signature-based purchase, Internet purchase, phone or mail order purchase, bill payment, contactless purchase (a purchase made by holding your Visa card or other device up to a secure reader instead of swiping your card), or small dollar purchase for which you are not required to sign, made with an enrolled Visa card, which is processed or submitted through the Visa U.S.A. Inc. payment system. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled Visa card if you want to the transaction to be applied towards your statement credit eligibility. PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made for pre-paid and re-loadable cards such as certain gift cards, Visa Buxx, and similar cards, payments made for payment instruments that can readily be converted to cash (for example, travelers cheques, money orders, wire transfers, and similar products or services), or transactions that are not processed or submitted through the Visa U.S.A. Inc. payment system are not considered Qualifying Purchases. We reserve the right to determine in our sole discretion whether any given transaction is a Qualifying Purchase.
CHARGES
You are solely responsible for acquiring any hardware, software, wireless and Internet access, other items required for you to participate in this Program, and any associated fees, charges and expenses. For example, you are required to obtain at your own cost a compatible mobile device, a wireless plan from a supported carrier with text message support and a valid email address. Message and data rates may apply. See your wireless provider for pricing plan details.SOCIAL MEDIA
We may allow you to utilize one or more methods of communication to share and spread the message about this Program, which methods may include email and social networking platforms (collectively, “Social Media”). If you choose to use Social Media, you are solely responsible for ensuring that your use complies with all applicable laws, rules and regulations, these Terms, and any terms, conditions and restrictions of the particular Social Media.If you share information through email functionality, you represent and warrant that you have the authority to provide the recipient’s email address and expressly authorize us to send the email on your behalf. In addition, the recipient must be a permanent, legal resident of the 50 United States or the District of Columbia, who is at or above the legal age of majority in their jurisdiction of residence. We may elect NOT to transmit any email if that email address appears to be on any Visa or other applicable “do not contact” or “do not email” list.
ENROLLMENT
In order to enroll in and participate in this Program, you are required to provide true, accurate and complete information about yourself as prompted by the enrollment form. You acknowledge and agree that Visa and Merchant will have no liability associated with or arising from your failure to provide accurate enrollment information, including, without limitation, your failure to receive offers and important information and updates about this Program. If Visa or Merchant has reasonable grounds to suspect that the information you provided on the enrollment form is untrue, inaccurate or incomplete, Visa or Merchant may suspend or terminate your enrollment in this Program.MODIFICATION OF THESE TERMS; TERMINATION
If you do not agree with any of these Terms, you must not use this Program. Visa reserves the right, in its sole discretion, to modify these Terms at any time with or without further notice to you. You can always find the most recent version of these Terms at the Website. Visa may change these Terms by posting a new version at the Website, without specific notice to you, so please continue to review these Terms from time to time. The most recent modification date will be noted by the “Last Updated” date above. To the fullest extent permitted under applicable law, your continued participation in this Program after any such modification constitutes your acceptance of these Terms as modified. If you register for or use additional features, channels of communication or platforms available as a part of this Program or avail yourself of offers available through this Program, additional terms and conditions, rules, policies and disclaimers may apply.Visa may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of this Program, temporarily or permanently, including the availability of any features of this Program, at any time with or without notice to you. You agree that Visa shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Program.
PRIVACY
This Program is offered by Merchant and Visa. When you enroll you are providing certain personal information to both Merchant and Visa. For information regarding Merchant’s current privacy practices for the personal information you provide to Merchant in connection with this Program, visit the Merchant’s privacy policy at
www1.hilton.com/en_US/hi/customersupport/privacy-policy.doLICENSE GRANT
Visa grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to use and participate in this Program strictly in accordance with these Terms. Visa may in its sole discretion suspend, discontinue or terminate this license at any time for any reason. You may only use this Program for your own personal, non-commercial use. No part of this Program may be reproduced in any form, stored or incorporated into any information retrieval system, electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Program or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Program and you may not take any action that imposes an unreasonable or disproportionately large burden on the Program System, as determined by Visa in its sole discretion. All rights not expressly granted to you are reserved by Visa and its licensors.PROPRIETARY RIGHTS
All ownership rights and title in and to this Program, including all Content therein, are owned by Visa, Merchant or its licensors and protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights and international treaties (collectively, “Intellectual Property Rights”). Unless and except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way this Program, or any portion therein, including, without limitation, any Content, without the prior written permission of Visa. All rights not expressly granted to you through these Terms are retained by Visa, Merchant and its licensors.Nothing in these Terms grants to you any right to use any of Visa’s or any other third party’s trademarks, service marks, logos, domain names or other indicia of origin.
USER CONDUCT
You agree that you will comply with all applicable local, state, national and international laws, regulations and other legal requirements that relate to your participation in this Program. In addition, in participating in this Program, you agree, without limitation:
- not to use this Program in breach of these Terms;
- not to disrupt or interfere with the security of, or otherwise abuse, this Program, or any part of this Program;
- not to attempt to obtain unauthorized access to this Program or portions of this Program that are restricted from general access;
- not to use this Program in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person’s privacy, or in violation of any third party rights; and
- to comply with any other requirements, restrictions or limitations imposed by Visa or Merchant from time to time
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THIS PROGRAM, IN WHOLE AND IN PART, INCLUDING, WITHOUT LIMITATION, THE VISA REAL-TIME MESSAGING PLATFORM UTILIZED BY THIS PROGRAM, IS PROVIDED ON AN “AS IS” AND ” AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PROGRAM AND THE RESULTS AND PERFORMANCE THEREOF. IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL VISA AND ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE ” VISA PARTIES”) , OR MERCHANT, AND ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS, VENDORS OR SERVICE PROVICERS (COLLECTIVELY, THE “MERCHANT PARTIES”), BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THIS PROGRAM AND/OR THESE TERMS, EVEN IF A VISA PARTY OR MERCHANT PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE VISA PARTIES AND MERCHANT PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) YOUR USE OF OR INABILITY TO USE THIS PROGRAM; (B) ANY MESSAGES OR THE CONTENT OF ANY MESSAGES PROVIDED TO YOU; (C) ANY GOODS, SERVICES OR INFORMATION PURCHASED, RECEIVED, SOLD OR PAID FOR IN CONNECTION WITH THIS PROGRAM; (D) DISPUTES BETWEEN YOU AND THE MERCHANT; (E) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH THIS PROGRAM; (F) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THIS PROGRAM; (G) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (H) ANY OTHER USE BY YOU OF THIS PROGRAM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE VISA PARTIES’ CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THIS PROGRAM. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THIS PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VISA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
NO PRODUCT OR MERCHANT ENDORSEMENTS
Visa does not endorse or sponsor, and is not responsible for, (a) the goods or services displayed, purchased or paid for in connection with this Program; (b) honoring or fulfilling the offers provided to you through this Program; or (c) the merchants whose offers are provided in connection with this Program.THIRD PARTY WEBSITES, CONTENT AND RESOURCES
This Program may permit you to link to or access direct connections to third party websites, content and resources, including, without limitation, Social Media. You acknowledge that Visa and Merchant have no control over any such third party websites, content or resources, which are made available by companies or persons other than Visa. You acknowledge and agree that Visa and Merchant are not responsible for the availability of any such third party websites, content or resources. You further acknowledge that Visa and Merchant are not liable to you for any loss or damage which may be incurred by you as a result of these third party websites, content or resources, including, without limitation, losses or damages suffered in connection with purchases made using this Program.GENERAL TERMS
(a) Notices. You agree that Visa and Merchant may provide you with notices and other disclosures in connection with this Program by mail, email, postings on the Website, other forms of electronic communication or other reasonable means of communication. All electronic communications from us to you shall be deemed to be communications “in writing” and deemed delivered to you no later than the earlier of the date actually received or 5 days from the date of posting or dissemination. For communications that we are otherwise required under applicable law to provide in a written paper format to you, you agree that we may provide such communications or records by means of electronic communications.(b) Waiver. Our failure to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right.
(c) Entire Agreement; Limitation of Actions. The Terms (including the Privacy Policy incorporated into these Terms by reference) constitute the entire agreement between Visa and you with respect to your use of this Program. These Terms do not amend or otherwise modify the card agreement with the issuer of your enrolled Visa card. In the event of any inconsistency between these Terms and your card agreement, these Terms govern as to the relationship between you and Visa solely with respect to this Program and your card agreement governs as to the relationship between you and the issuer of your Visa card. Any cause of action you may have with respect to this Program must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
(d) Indemnification. To the greatest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Visa Parties and Merchant Parties from any loss, liability, claim, or demand, including, without limitation, costs and reasonable attorneys’ fees, due to, in connection with or arising out of your use of this Program or arising from your breach of these Terms, including any representation or warranty set forth herein, your violation of applicable laws, or your violation of any rights of another person or entity.
(e) Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(f) Disputes. To the fullest extent permitted by law, you agree that: (a) any and all disputes, claims and causes of action arising out of or in connection with these Terms or this Program will be governed by and construed under the laws of the State of California, excluding only its conflict of law provisions; (b) any and all disputes, claims and causes of action arising out of or in connection with these Terms or this Program shall be resolved individually, without resort to any form of class action, exclusively within the federal and state courts residing within San Francisco County, State of California, U.S.A., and you waive any jurisdictional venue or inconvenient forum objections to such courts; (c) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your use of this Program, but in no event will attorneys’ fees be due or payable; and (d) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
(g) Assignment. You may not assign these Terms, by operation of law or otherwise, without Visa’s prior written consent. Visa reserves the right to freely assign these Terms, and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns.
(h) Contact Information. For enrollment questions, please contact Visa Global Customer Care Services at 1-877-847-2602. Customer service representatives are available Monday through Friday (except holidays) from 8:00 AM to 8:00 PM EST. You may also email us at visartm@visa.com or text HELP to the short code for this Program. Please do not send Visa card numbers via email. For questions related to offers and promotions, please contact the Merchant (see Merchant website for contact information). If you are having problems with your card, please contact your issuer — the number is located on the back of your Visa card.
(C) 2012 Visa Inc. All rights reserved.
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