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Q. How does this thing
work? A. It's very simple. All our company has done is
redirect advertising dollars back into the pockets of our customers. Instead of
paying huge dollars to TV stations, newspapers and radio station, we are giving
the money to you through the Cash Rewards Program.
Q. How can your Brokerage afford to make this
offer? A. Like most companies, the Don Lawyer Real
Estate Team has a marketing budget. Other companies choose to spend their
advertising dollars running expensive radio, TV and “image advertising”, or
offer discounts on their services, or other such incentives. Don’s Sales Team
chooses to spend a large portion of its budget on something’s from which all the
clients of our Team can truly benefit. Don has chosen to reinvest a significant
portion of the Team’s promotional dollars directly back into the pockets of
clients who support the Team by using its services. A fair shot at up to $10,000
is a lot better than a gift certificate at a local restaurant – wouldn’t you
agree?
Q. Please
explain the concept of “Breakage”. A. Insurance, coupon and rebate programs like
Cash Rewards work on the concept of “breakage”. Breakage is the statistical
difference between the number or coupons, rewards, policies, etc. issued, and
those that are collected or paid. Have you ever bought an item and received a
rebate coupon in the box it came in but never sent it in? That’s breakage.
Breakage can be quantified, tracked and projected. The mathematical term for
such statistics is “actuarial data”. Actuarial data is used by companies when
offering a payout, the total of all such commitments typically being larger than
the sum total of the company’s premium payments.
Q. Are there other kinds of programs that work
this way? A1: Yes. Even your auto insurance policy! Let's
say, you buy a new car for $20,000 then insure the car with an auto insurance
company that you are using for the first time. You give the insurer a $500 check
for the premium at the time the policy is issued and three days later, you have
an accident and total the car. What does the insurance company do? They send you
a check for $20,000, even though you only gave them one premium of $500. Is that
too good to be true? No, of course not! We all know that every policyholder
won’t have an accident and make a claim. Effectively, those who do not make
claims pay for those who do (with something always left over for the insurance
carrier's profit!) Do people pay medical, auto, life and disability insurance?
How can insurance companies be so profitable yet still pay all valid claims? The
answer is that they work like the Cash Rewards Program — the Certificate Holders
who don't make a claim, or don’t follow the rules when they do make a claim, pay
for those who do make valid claims.
Q. Is there
Actuarial Data for programs like Cash Rewards? A. Yes. This
program is designed on the basis of such data — it is the foundation of the Cash
Rewards Program, as it is for all such breakage offers. For example, 47% of all
Cash Rewards Certificate recipients do not even make their initial claim within
the first 7 days, as required! As hard as it may be to understand, a huge number
of people given Cash Rewards Certificates will never make their claim, or they
will not follow the rules, or will forget, or will lose their certificate or the
documentation, will die, inherit money, etc., etc.
Q. In addition to insurance companies, are there
other institutions that benefit from breakage? A. Yes.
Banks, financial and many other large institutions have programs predicated on
the benefit of breakage. For example, unclaimed bank account balances, lottery
winnings, PMI mortgage premiums, etc. - the list is huge. The IRS is holding
$2.5 million in unclaimed tax refunds for calendar year 1999 alone! What happens
to this money?
Q. I don't
believe this is for real. A. It is simply a financial reward that is paid
for by the Sponsor (in this case, the Don Lawyer Real Estate Team) and offered
to you at point of purchase/sale. There are hundreds of other Sponsors around
the United States and Canada. Some are other real estate offices operating in
different territories; others are in different industries and businesses. For
example, Master Craft Boats uses the program as does Keller Williams, ReMax, Oak
Creek Homes, American Home Star ( a large U.S. home builder), G & A
Marketing (one of the largest automobile marketing companies in the U.S.),
Budget Blinds (largest window covering retailer) and others.
Q. When do I get my Cash Rewards Certificate? A. You will
receive your Certificate upon closing.
Q. How long
is the Cash Rewards Certificate good for? A. The
Certificate is redeemable 36 months after the closing of the transaction.
Q. Thirty-six months is too long, why do I have to
wait so long to get my money? A. If I gave you a postdated check today for
$10,000 would you cash it?
Q. To whom
can a Cash Reward Certificate be issued? A. The
recipient of the Cash Reward Certificate must be the person named on the Closing
Statement. If the Closing Statement is made out in the name of Mr. Bill Jones,
then the Cash Reward Certificate must be made out in the same name.
Q. If I die before my Certificate matures, will my
family receive the funds? A. No.
Q. Can the
Certificate be transferred to a family member once it has been issued? A. The Cash
Reward Certificate is not transferable under any circumstance. It remains
payable only in the name of the person on the Closing Statement.
Q. What do I have to do to redeem my Certificate
for Cash? A. The simple steps you must follow are clearly
indicated on the Certificate and on a handout you will receive before closing.
You can also call me and I will explain the steps to you.
Q. If I miss a requirement by 1 day, will this
void my Certificate? A. Yes. Just like your insurance policy. If you
missed your insurance premium payment by the end of the grace period, your
insurance is cancelled.
Q. I have
lost my Cash Reward Certificate. Can it be replaced? A. If you
lose or destroy your Certificate it cannot be replaced and you will not be
eligible to make a claim. Look after your Cash Reward Certificate just like you
would cash. Comply with the printed terms and conditions and you will not become
a statistic.
Q. What if
you guys go out-of-business during the thirty-six months? A. The Cash
Rewards program is administered by an independent third party. This was done to
insure that no matter what happens to us, you could still get your cash.
Q. What if I do everything in a timely and correct
manner and Cash Rewards goes out of business?' A. The
program is set up to pay the claims for money due even if of Cash Rewards Inc.
(“CRI”) or the Sponsor who issues the Cash Reward Certificate (in this case,
Keller Williams Realty) goes out of business.
Q. Why does everything I send have to be sent by
certified mail? A. Consumers are asked to mail their registration
and final claim in by certified mail so there will never be any confusion as to
when they were sent. Remember, there are strict timelines within which documents
must be sent.
Q. Can I use
FedEx or UPS? Why must I use the Post Office and send by Certified Mail? A. To be
fair to all Certificate Holders, the program must have material conveyed to the
ITPA in a uniform manner — one that will never change. Material must also be
sent by a service that will give the sender a reliable means to prove when it
was sent. Certified Mail satisfies these requirements. FedEx, UPS, DHL, Airborne
and other such services either do not have an adequate system for proving when
you sent something or they have a system but it is could change overnight at the
whim of the company.
Q. The final
step in the claims procedure appears tricky. It almost seems as if the company
is trying to trick the public so claims do not have to be paid. Is this
true? A. Absolutely not. - The reason we ask for a certified birth
Certificate is simple — we need to know that you are who you say you are. - The reason an original receipt is required and
not a copy is that it is difficult to manipulate an original document. - The reason proof of purchase is required also
simple — we need to know with certainty that you are the actual purchaser of the
product in order to protect us and other certificate claimants from fraud. - The reason a current utility bill is required
is simply because you may have moved in the last 36 months and we need to make
sure that your claim payment is sent to the correct address. - The reason you are required to save your first
certified mailing receipt is for your protection, so that in case of any dispute
as to when or if you made the 7-day window, you have proof. We use the date from
the postal receipt, not the day it is received by our office.
Q. Why can't I get the Cash Reward taken off the
price of the Property today? A. As you can see, we have different cash rewards
depending on the particular property you are interested in. Let's narrow it down
to your particular transaction and see what the cash reward is. Then, I can sit
down with you and explain all the details of the program.
Q. I don't believe this is for real! A. It is
simply a financial reward that is paid for by the sponsor and offered to you at
the point of sale in appreciation doing business with us.
Q. This sounds like a scam — it seems
gimmicky! A. It is simply our way of saying thank you for
using our services and allowing us to demonstrate first-hand yet another benefit
of using the Don Lawyer Real Estate Team. It cost you nothing to participate and
you certainly have no obligation to take advantage of this FREE program if you
choose not to. It’s a benefit of using our Team. You have absolutely everything
to gain and nothing to lose.
Q. How do I
know this is for real?. A. What do you have to lose? The Certificate is
given to you for as a reward for doing business with us. It is not offered by
any other brokerage in the area. Don has purchased exclusive rights to the
territory. We provide it to you as a bonus. It’s a reward and if for any reason
you do not follow through, you will still have gotten the full value of our
services, which are far superior to any of our competitors, even without the
bonus of the Cash Reward.
The Claim Fund
Q. Please
explain the Claim Fund to me. A. The Claim Fund is an account administered by
Compass Bank. The beneficiaries are one of the following two groups: 1) validly
claiming Certificate Holders, or 2) recognized national charities (Children's
Medical Center and Scottish Rite Hospital for Children).
Q. What is the role of the Claim Fund Bank? A. The Claim
Fund Bank holds funds in a trust account for the potential benefit of
Certificate Holders through an escrow account.
Q. Who is the Claim Fund Bank? A. The money
in the Claim Fund is held by Compass Bank, a southwestern financial holding
company headquartered in Birmingham, Alabama. Compass Bank currently operates
376 full-service banking centers in seven states. It provides a broad array of
financial services and is among the top 40 U.S. bank holding companies by asset
size. Compass was named to Forbes “Platinum 400” list as one of the best managed
companies in America (for 5 consecutive years) and is a NASDAQ traded stock
under the symbol CBSS.
Q. How is the
money in the Claim Fund protected? A. Compass will hold funds for the program
regardless of whether or not CRI is in business, or even if the program were to
change the ITPA or the escrow agent. CRI does not hold the funds. Furthermore,
it is the ITPA who reviews claims and issues instructions to issue funds to
validly claiming Certificate Holders.
Q. Is the
Claim Fund insured? Can the investment be lost? A. The
majority of the funds will be invested in federal or state government bonds,
backed by the full faith and credit of the United States Government. Funds not
invested in government bonds will be re-invested in the Claim Fund bank account.
The bank account is the contractual promise of one of the largest banks in the
United States to make the funds available on demand.
Q. What controls are in place to make sure the
funds are protected from fraudulent of invalid claims? A. An escrow
agent (with no financial affiliation or stake in CRI) must authorize each
disbursement of cash pursuant to any claim under the Cash Rewards Program. The
escrow agent is paid an escrow fee for rendering escrow services. Currently, the
escrow agent is Gary D. Glick, Attorney at Law, whose office is in Irving Texas.
The escrow agent’s responsibilities include overseeing all monetary transfers
within the Cash Rewards Claim Fund by Compass Bank and the escrow works with and
oversee all transfers money within the Cash Rewards Claim Fund held by Compass
Bank.
Q. If the
Claim Fund Bank is merely the repository of funds, why is size important? A1. The
Claim Fund bank is the repository of funds held for the potential benefit of
Certificate Holders and disburses funds only at the direction of the ITPA.
However, funds in the bank account at this bank represent the aggregate
contractual promise to make all funds available on demand to qualifying
Certificate Holders. It is better that this promise be made by a large,
financially strong institution. A2. The fact
that an institution of the scale and reputation of Compass Bank would associate
with the CRI program says good things about the program. Large financial
institutions carefully guard their reputation, and protecting that reputation is
far more valuable to them than merely taking in a few more bank deposits. While
Compass Bank does not specifically endorse the CRI program, they would not
associate with CRI if they did not feel comfortable with the program.
Q. Can CRI terminate the Claim Fund bank? A. Yes. This
is important to assure that the bank remains price-competitive. However, CRI can
terminate Compass Bank only if CRI appoints a successor bank with substantial
assets. There are no circumstances whereby CRI could terminate the Claim Fund
and gain control of the funds held for Certificate Holders. The Role of the ITPA
Q. What is the “Independent Third Party
Administrator” (“ITPA”)? A. The ITPA verifies the accuracy and validity of
all Claims against the Claim Fund. If and when a Claim is determined to be
valid, the ITPA advises the Claim Fund holding the funds in trust to disburse
the funds, in accordance with the predetermined set of escrow and other
procedures the Claim Fund must adhere to.
Q. What is the role of the ITPA? A. The role
of the ITPA is to determine the validity of Certificate Registrations and
redemption claims submitted by consumers, which claims, if valid, will survive
until any and all customers have redeemed their awards. The ITPA for Cash
Rewards is the Resolve Corporation. The Resolve Corporation has offices across
the U.S. and Canada through which it provides Business to Business, Consumer
Fulfillment, and other services including (on the consumer fulfillment side)
Coupon Clearing/Manufacturer Redemption Services, Rebate/Mail Fulfillment,
Contest Management, Premium and Sampling Fulfillment, Loyalty Programs and
more.
Q. What
controls are imposed on the ITPA? A. The ITPA acts independently of CRI. Sponsors
and the charities that benefit from unclaimed funds cannot tell the ITPA what
claims to approve. However, the ITPA is contractually obligated to handle the
Claim Fund in strict accordance with the rules and procedures of the Cash
Rewards program. If it fails to do so, it would be liable for any financial loss
and CRI would have the right to appoint a successor.
Q. What access does the ITPA have to the Claim
Fund? A. The ITP A has access to the Claim Fund only
through an appointed escrow agent. Of course, the ITPA can direct the escrow
agent to pay it's agreed upon fees. Other than that, the ITPA can have funds
disbursed only in 2 instances: (A) to valid Certificate claimants or (B) to the
recognized charities, for funds not claimed by Certificate claimants.
Q. Is the ITPA bonded? If not, why? A. The ITPA
is not bonded, because the ITPA never handles the money and cannot divert money
to itself.
Q. Can CRI
terminate the ITPA? A. Yes. This is important to assure that the ITPA
remains price-competitive. However, CRI can terminate the ITPA only if CRI
appoints a successor that demonstrates an ability to perform the required
functions and certifies that it is independent of CRI and the potential
beneficiaries of the Claim Fund.
Q. Who has
access to the Claim Fund? A. Only the Escrow Agent, who is independent of
both CRI and the ITPA, can disburse funds from the Claim Fund account. The
Escrow Agent is a licensed attorney who corroborates that the ITPA makes proper
disbursements. CRI has no control over the account and is not a signatory on
it.
Q. Is CRI
required by law to have an ITPA & a major financial institution as the Claim
Fund bank? A. The law does not require that an independent,
impartial third party determine valid Certificate registrations or redemptions.
Nor does the law require that CRI cause leftover funds in the Claim Fund account
be donated to charity. The law would permit CRI itself to control these funds
and make these decisions but it does not.
Q. If the law doesn't require an ITPA & would
permit breakage to be paid to CRI, why doesn't CRI do this? A. In this
way, CRI demonstrates that the program will be fairly and impartially
administered. Other firms might say “trust me”, and hope the merchant does so.
We ask only that the sponsor look at the facts and ask whether the program
itself is worthy of the sponsor's trust. CRI has put every safeguard they are
aware of in place for this program. This has been done voluntarily, for the sole
purpose of demonstrating trustworthiness, reliability and fairness and securing
the program and its funds.
Q. CRI says
the program complies with the law. Explain that. A. The law
requires that (like any retail promotion) the CRI program is fully, fairly,
accurately and meaningfully disclosed, which it is. This insures that customers
understand the program and are able to comply with it. CRI has gone to great
lengths to insure that is done.
Q. How does
CRI insure that the program is fair? A. CRI trains Sponsors to explain the program to
customers and emphasizes that a fair and meaningful explanation is required and
essential to the success of the program. Every customer is told precisely how
the program works. Every customer can easily perform the required steps. Every
customer acknowledges in writing that the required steps have been explained to
them and that they understand these steps. Thus, every customer understands that
when they receive a Certificate, if they fail to redeem the Certificate, they
have no one to blame but themselves.
Q This seems
too good to be true! A. I will be happy to explain anything further.
What particular part of the program seems too good to be true?
Q. How long will this rewards thing last? A. We are
the only real estate brokerage in the Arlington/Mansfield area authorized to
offer this program. Our brokerage generally awards only 10 Certificates a month
and the agents are not told how many of each month’s allocation have been given
out – they are simply told when they are used up. Let's see if we can get you on
the program today so that you don’t’ miss out on this valuable opportunity.
Q. How long will the program continue? A. The
brokerage decides weekly what programs to offer and communicates this to the
agents at weekly staff meetings. Each week the programs or the terms of any
particular program can change. Thus, agents do not know from week to week what
programs will be offered or in what amounts!
Scottish Rite Hospital for Children: Scottish
Rite Hospital for Children is a place that puts children's welfare above all
else. Supported solely through private donations, the hospital is a place that
provides the finest medical care in the friendliest environment. Today, Scottish
Rite Hospital for Children provides ongoing treatment for more than 13,000
children annually, without charge. Their commitment to research and study,
medical breakthroughs and new technologies has dramatically impacted the lives
of more than 130,000 children, not only in Texas, but also throughout the
world.
Children's
Medical Center For almost 90 years, Children's Medical Center
has created an environment just for kids. An environment supported by highly
trained medical and clinical staffs using advanced technology. From life-saving
organ transplants to state-of-the-art trauma and intensive care, everything they
do is for the love of children. Their research, education and advocacy efforts
demonstrate their whole-hearted commitment to addressing issues that face
today's children and their families.
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