Loyalty Program Terms of Services

DEFINED TERMS

“FirstKey Homes Loyalty Program” (“Program”) means the incentive program designed by FirstKey Homes to reward Residents for defined Resident activities. Participation in the FirstKey Homes Loyalty Program is conditioned on Resident’s agreement and continued compliance with the following FirstKey Homes specific program requirements and remaining in good standing with FirstKey Homes (by way of example, being current with rent payments).

“Resident” means an individual over the age of eighteen who is the primary Resident of the property, meaning Resident’s name appears first on the lease for a Qualifying Property as the primary Resident, and who is in good standing with FirstKey Homes (by way of example, being current with rent obligations). Any individual who would otherwise meet the criteria to be a Resident may be ineligible to participate in FirstKey Homes’s Loyalty Program at its sole discretion. For the avoidance of doubt, not all tenants or occupants may participate in the Program; only the primary Resident is eligible.

“FirstKey Homes Rewards” is the name of the Resident loyalty Program offered by FirstKey Homes to primary Residents.

“Loyalty Account” means an individual online loyalty account for the primary Resident of a Qualifying Property.

“Qualifying Property” means any property with a current primary Resident occupying with a valid lease.

“Pay Rent on Time” means resident status is current and rent is paid between the first of the month and by the due date by 11:59 p.m. corporate time before the 6th day of a given charge period.

“Pay Rent Early” or “Early Rent Payments” mean rent is paid anytime between posting date up to the due date on 1st of the month.

“Transition from MTM” or “Renew from Month to Month” means the primary Resident is on a Month to Month (MTM) status, and then primary Resident executes a new lease to continue residency in the same property for a longer term.

“Renewal” means the primary Resident executes a new lease on the current property to continue residency in the same property during the renewal period. This does NOT include a Transition from MTM.

“Resident Move-in Orientation (virtual)” means satisfactorily completing the online educational session that is offered to new Residents upon move-in, as determined by FKH in its sole discretion.

“Focus Group Participation” or “Participation in Focus Group” means satisfactorily attending and engaging in the in-person or virtual focus group offered to Residents by the Marketing team, as determined by FKH in its sole discretion.

“Enrollment” means when the primary Resident registers with an email address and registration information into the Program.

“Social Media Connection” means primary Resident connects specific social media accounts, as displayed on the online resident portal, to their Loyalty Program accounts.

“Social Media Participation” means Residents who have linked their qualifying social media accounts through Social Media Connection may use predetermined hashtags, as displayed on the online resident portal, once per month to accrue points. Residents can locate the hashtags within the Rewards Dashboard on the “Earn” tab. Only the hashtags listed on this dashboard are eligible for points. The user’s profile must be public in order for points to be able to be processed.

ELIGIBILITY

• Eligibility Criteria. To be eligible to participate in the Program, you must be the Resident in the Qualifying Property and in good standing with FirstKey Homes. For the avoidance of doubt, only the Primary Resident may participate; other Residents of the Qualifying Property may not participate in the program or assist the Primary Resident in participating in the program.

LOYALTY PROGRAM ACTIVITIES AND REWARDS

• Loyalty Program Tiers. The length of time the primary Resident is enrolled in the Loyalty Program determines the Resident’s Tier. At times, Residents could earn a different amount of points for the same Resident Action depending on their Tier, in addition to qualifying for other perks, giveaways, sweepstakes, or tier rewards.

  • Program enrollment: the program enrollment date is the timestamp and data source for how the tiers will be calculated.

  • There are four tiers, and the primary Resident will only qualify for the “giveaways” for the tier that they are currently in. All tiers are eligible for annual anniversary points at 12:01 a.m. on the same date of the next calendar year that Resident Enrolled in the Program.

    • Tier 1. Primary Resident has been in program for 0-2 years.

    • Tier 2. Primary Resident has been in program for 3-4 years.

    • Tier 3. Primary Resident has been in program for 5-6 years.

    • Tier 4. Primary Resident has been in program for 7+ years.

• Loyalty Program Points. Residents may earn points by completing specific actions as outlined below. Resident’s point total can be viewed in real time in online Resident dashboard.

  • Participating in Programs and Earning Points. The below Resident Actions result in Resident earning the following Loyalty Points; Actions may have the same numerical amount regardless of tier. Tiers and actions are subject to change as the program pilot concludes and the full program rollout commences.

    • Enrollment: 50 points

    • Early Rent Payment: 125 points

    • Pay Rent on Time: 75 points

    • Resident Move-In Orientation: 100 points

    • Renewal: 500 points

    • Renew from MTM: 200 points

    • Participation - Focus Group: 50 points

    • Social Media Connection: 50 points

    • Social Media Participation: 50 points

  • FirstKey Homes may alter, modify, or remove qualifying Resident Actions or alter, modify, or remove the amount of points earned for a Resident Action at its sole discretion. If Resident requires reasonable accommodations in order to perform any Resident Action, they should contact Resident Services and fill out the Reasonable Accommodation or Modification Form to request a reasonable accommodation.

  • Keeping points. Resident retains Resident’s loyalty points so long as they reside at any Qualifying Property; if Resident transfers from one Qualifying Property to another, Resident’s point total remains the same unless such transfer qualifies Resident to earn additional points. Resident forfeits all points at the end of Resident’s lease of a Qualifying Property. Points cannot be pooled or combined between Residents. Points cannot be transferred between Residents. When lease ends, all unredeemed points are forfeited.

  • Redeeming points. Residents may redeem points by following the instructions on FirstKey Homes’s online Resident dashboard through their Loyalty Account. Points have no cash value and may only be redeemed for the rewards offered by FirstKey Homes in its sole discretion. Awards are subject to change anytime for any reason. Points can be utilized for redemption directly through the primary Resident’s online loyalty account dashboard. Redemption options include but are not limited to specific gift cards (subject to availability as shown in the online Resident dashboard) from third-party vendors including but not limited to: Walmart, Starbucks, AMC Theatres, and Home Depot. The gift card increments available for redemption will vary, with some gift cards starting at a minimum of five dollars.

  • Redeeming giveaway awards. Residents may be eligible in FirstKey Homes’s sole discretion to participate in random-drawing giveaways quarterly, semi-annually, and/or annually, which will be announced through the online resident portal. Prizes or awards given to the winner of each random giveaway may exceed $600, in which event FirstKey Homes will issue to the winner a tax form 1099-MISC where required by law. Giveaway winners are responsible for all tax consequences of accepting a prize or award from FirstKey Homes. If a non-cash prize or award exceeds $5,000, Resident is required to furnish to FirstKey Homes 25% of the cash value of the prize or award to pay the federal tax withholding before FirstKey Homes will release the non-cash prize to Resident. Depending on the state in which Resident resides, Resident may also be required to furnish funds for state withholding pursuant to applicable law before FirstKey Homes will release the non-cash prize, to be determined on a case-by-case basis. FirstKey Homes may revoke eligibility to enter or to win a giveaway at any time in its sole discretion, before or after a winner has been selected. FirstKey Homes will engage in reasonable efforts to notify the winner(s) of each giveaway and to facilitate release of prizes or awards. By way of example, the following actions may result in forfeiture of a prize or award: Resident’s failure to participate in the giveaway in good faith or breaking any rule in FirstKey Homes’s discretion; Resident’s failure to retrieve prize or award in a timely manner; Resident’s failure to furnish tax withholding to FirstKey Homes where applicable; Resident’s removal or exit from the Loyalty Program; or Resident breaking covenant in Resident’s lease. Specific information regarding each giveaway, including full rules for eligibility and participation to the extent not covered in these Terms and Conditions, will be available through the online resident portal or upon Resident request.

  • Limitations. The maximum number of points Resident can earn in one calendar year is 2,750. Each year at 12:01 a.m. on the calendar-year anniversary of the enrollment date, all points not yet redeemed will be forfeited. Resident may opt out of the Loyalty Program at any time, but opting out will forfeit all unredeemed points remaining in Resident’s account.

  • Disputes. In the event Resident believes a mistake has occurred regarding Resident’s point accrual, Resident shall follow the dispute procedure outlined below.

    • Resident must submit a question through FirstKey Homes’s Help Center online portal or contact Resident Services to describe in detail (1) the Resident Action the is the subject of the point dispute, (2) the points Resident believes Resident should have earned, and (3) the reason for the dispute. If the dispute relates to a medical issue or Resident otherwise wants to seek a reasonable accommodation, Resident must include that information in its communication with FirstKey Homes.

    • FirstKey Homes will make reasonable efforts to address Resident point disputes in a timely manner. FirstKey Homes will review the information submitted by Resident and may elect to adjust the Resident’s points up or down after review. FirstKey Homes’s resolution of a point dispute is in its sole discretion, and all determinations are final.

    • For gift card disputes, Residents should call the customer service number: 1 (877) 558-2646.

• Loyalty Program Rewards. We are not affiliated with the companies presented.

  • Unaffiliated Companies: The Program is not endorsed or certified by any other company or brand, including Disney, Hulu, Netflix, Amazon Prime, Publix, Albertsons, HelloFresh, Sandals, Airbnb, Peloton, Target, Rooms To Go, or Tesla. All Disney, Hulu, Netflix, Amazon Prime, Pubilx, Albertsons, HelloFresh, Sandals, Airbnb, Peloton, Target, Rooms To Go, or Tesla logos and trademarks displayed on this Promotional Contest are property of Disney, Hulu, Netflix, Amazon Prime, Publix, Albertsons, HelloFresh, Sandals, Airbnb, Peloton, Target, Rooms To Go, or Tesla.

• Program Modification, Termination, or Suspension. FirstKey Homes may, in its sole discretion, suspend, terminate, or alter the Loyalty Program for any reason, with or without notice. Any unredeemed points in Resident’s Loyalty Program Account at the time of termination by FirstKey Homes will be forfeited. Any changes to the Loyalty Program will not apply to any dispute between Resident and FirstKey Homes arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR PARTICIPATION IN THE LOYALTY PROGRAM.

GENERAL PROVISIONS

• Representations and Warranties. Resident represents, warrants, and covenants: (a) that Resident has the power and the right to enter into this Agreement, that Resident has the power and the right to grant all rights conveyed hereby, and to perform its obligations under this Agreement without breach of any agreements with third parties to which Resident is a party or by which it is otherwise bound; (b) Resident has not entered into any other contracts which materially interfere with Resident’s performance of its obligations under this Agreement or which frustrate the purposes of this Agreement; and (c) in the performance of its obligations and in satisfaction of any deliverables to FirstKey Homes solely under the provisions of this Agreement, Resident will comply with all applicable laws and regulations.

• Disclaimers. The program is provided on an “as is”, “as available”, and “where available” basis, and, to the fullest extent permitted by applicable law, firstkey homes expressly disclaims all express, implied, and statutory warranties, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title related to the loyalty program. all disclaimers of any kind (including in this section and elsewhere in these terms) are made for the benefit of both firstkey homes and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers and their respective successors and assigns.

• Limitation of Liability. IN ADDITION TO OTHER APPLICABLE LIMITATIONS AND EXCLUSIONS IN THE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIRSTKEY HOMES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE LOYALTY PROGRAM. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF RESIDENT’S PARTICIPATION IN THE LOYALTY PROGRAM. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR FIRSKEY HOMES’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS, OR MALICIOUS MISCONDUCT, OR FRAUD, EXCEPT WHERE PROHIBITED BY LAW. ALL LIMITATIONS OF LIABILITY OF ANY KIND (IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH FIRSTKEY HOMES AND THE AFFLIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

• Termination. FirstKey Homes’s Loyalty Program and this Agreement may be terminated at will by FirstKey Homes. Resident may terminate this Agreement at any time by following the opt-out procedures on FirstKey Homes’s online portal through Resident’s Loyalty Account.

• Data Collection. FirstKey Homes may collect, maintain, store, or otherwise use data collected about Resident through Resident’s participation in the Loyalty Program pursuant to FirstKey Homes’s Privacy Policy, accessible at: [https://www.firstkeyhomes.com/privacy-policy/?] FirstKey Homes will not sell Resident data to third parties.

• Miscellaneous.

  • Equal Housing Opportunity Statement. We are pledged to the letter and spirit of U.S. policy. for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

  • Severability. If any provision or part of a provision in the Agreement is held to be illegal, invalid, or unenforceable by a court or other decision making authority of competent jurisdiction, then the remainder of the provision will be enforced so as to effect the intention of the Parties, and the validity and enforceability of all other provisions in the Agreement will not be affected or impaired.

  • Governing Law and Venue. This Agreement shall be construed under the laws of the State of Georgia. Any disagreement, claim, dispute, challenge, or lawsuit arising out of or related to the subject matter of this Agreement shall be decided by arbitration in the State of Georgia before the American Arbitration Association under the Federal Arbitration Act.

  • Binding Arbitration. In the event of a dispute, Resident and FirstKey Homes agree to try for sixty days to resolve the dispute informally. If the dispute is not resolved after 60 days of good-faith effort, Resident and FirstKey Homes will submit to binding individual arbitration pursuant to Section 6(c) of these Terms. The arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not permitted.

  • No General Waiver: Waiver of any one default will not waive subsequent defaults of the same or different kind, and no failure or delay of either Party to exercise or enforce any of its rights under the Agreement will act as a waiver of those rights.

  • Entire Agreement: This Agreement and the Agreement constitute the full agreement between Resident and FirstKey Homes and supersede any prior or contemporaneous agreements.