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SweepLand® Terms and Conditions
A. Overview of NPD Online Research SweepLand Program
1. SweepLand (the "Program") is a loyalty program sponsored by The NPD Group ("Sponsor") through which NPD Online Research ("NPDOR") Panelists ("Panelists") can earn points by completing periodic, eligible surveys. NPDOR panelists who choose to join SweepLand ("Program Members") may utilize their points for entries into available sweepstakes at www.sweepland.com ("Program Website").
B. Eligibility
1. The Program is open to legal residents of the 50 United States (and the District of Columbia) who are 13 years and older at the time of enrollment and are an active NPDOR panelist. Program is not open to residents of Maine who are under 18 years of age. An active panelist is an individual who has taken at least one NPDOR survey within the last 60 days. Void in Puerto Rico and where prohibited by law. Employees of the NPD Group, BI Worldwide, and their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Program or production or distribution of Program materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
2. Enrollment in SweepLand is not required for participation in NPDOR.
3. Participation in the Program constitutes the participant's full and unconditional agreement to these Terms and Conditions. The terms and conditions disclosed in this document apply to the Program. By gaining access to and using the Program website, you agree to be bound by these Terms and Conditions. The NPD Group reserves the right to revise or change these Terms and Conditions at any time and without notice to you by posting updated text on this site. If the Terms and Conditions are updated, any changes will apply to all Program Members enrolled in the Program on date of update.
C. Cancellation, Termination and Expiration
1. The Program begins at 12:00:00 p.m. Eastern Time ("ET") on January 9, 2007. Sponsor reserves the right to shorten, extend, modify, or cancel the Program, at its discretion, at any time. In the event Program is terminated notice will be sent to all Program Members via e-mail within a minimum of 30 days from date of termination.
D. Enrolling in the Program
1. SweepLand is only open to registered Panelists of NPDOR. To become an NPDOR Panelist, visit www.npdor.com/JoinNow.asp. There is no cost to join the NPDOR Panel.
2. Once you have joined the NPD Online Research Panel and completed your first program eligible survey, which will be indicated by a note to that effect on the survey opening page, you will be eligible to join SweepLand. SweepLand is open to NPDOR panelists ages 13 and older that legally reside in the 50 United States (and District of Columbia). Once a panelist registers by providing the required consumer information and opt-in, they will be enrolled in the program and become a Program Member. The number of points earned by such member after the completion of periodic, eligible surveys will be recorded and tracked in the member's account within SweepLand.
3. There is no cost to register, activate, or maintain a SweepLand account.
4. A confirmation e-mail will be sent after the completion of program registration. The e-mail will confirm all registration information and provide direction on how to update a member's account.
5. Points will not be earned in your program account for surveys taken prior to your SweepLand registration date unless approved by the Sponsor and at the Sponsor's sole discretion.
E. SweepLand Registration Requirements
1. Before being able to participate in the program, NPDOR panelists must register for SweepLand by providing accurate, complete and current registration information as required on the SweepLand registration form. A NPDOR panelist may not (1) activate or use more than one account; (2) use a name subject to rights of another person without authorization of that person; (3) use a false or misleading name, address, or e-mail address to activate or use an account; or (4) present or supply false or misleading information to any entity involved in the program.
2. Each eligible NPDOR panelist is limited to one (1) SweepLand account.
3. If a panelist chooses not to register for a SweepLand account, they will be given additional opportunities to do so at the completion of future eligible surveys. However, Panelists will only begin to accrue points for surveys completed after finishing the registration process.
4. SweepLand members must keep all registration information current at all times. Members may update their registration information by logging into the My Account section of the website and entering the information requested. An account cannot be used or accessed by multiple persons. Any duplicate accounts are subject to cancellation, and all points accumulated will be forfeited.
5. At the time of SweepLand registration, your e-mail address and password for SweepLand will be identical to what is current with your NPDOR account and will remain synchronized as long as you are a SweepLand Member. Any changes you make to your e-mail address or password via sweepland.com, npdor.com, or its customer service department will be executed on both your NPDOR and SweepLand accounts.
F. Earning Points
1. Registered SweepLand members earn points by completing eligible periodic surveys from NPDOR which will be recorded on the SweepLand website. Points can only be earned on eligible surveys that are open and active at the time the panelist accesses the link included in the survey e-mail invitation. NPDOR reserves the right to close a survey at its sole discretion. Options to earn additional points via non-survey related activities may be provided at the sole discretion of the Sponsor (e.g. bonus points for completing surveys).
2. To earn points, members must complete eligible surveys by responding to e-mail invitations from NPDOR in a timely manner. Points will be deposited into a member's account in as little as a few seconds to as much as 30 days after survey completion. Points earned for non-survey related promotions will be reflected in the member's account within 45 days of completing required promotional action. However, members are responsible for ensuring that their points are properly credited and are encouraged to check their account at www.sweepland.com regularly. In the event of a dispute over the identity of a registrant, member or entrant into a sweepstakes or other Program promotion, the entry or other submission will be deemed submitted by the authorized account holder. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an internet service provider, on-line service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning the e-mail address or the domain associated with the e-mail address submitted.
3. Sponsor reserves the right to assign any point value for any survey, at its sole discretion. Panelists will be advised at the beginning of each survey how many points will be awarded for completing that particular survey. Points awarded in conjunction with a survey will only be awarded when a panelist completes a survey and is presented with the survey closing/confirmation page.
4. The NPD Group, BI Worldwide and their respective parents, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors and any and all other companies associated with this Program ("Program Entities") are not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the program in any manner.
5. Members acknowledge that NPDOR is under no obligation to provide a particular number of survey opportunities to earn points.
6. Members may not combine or transfer points with other SweepLand Members' Accounts. Any attempt to combine points will result in disqualification from the Program and forfeiture of all points in any member's Account. The NPD Group reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that The NPD Group believes (in its sole discretion) a Member may have violated this provision.
7. Sponsor reserves the right to change, add, or remove the methods by which Members can earn points.
8. Each member is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly. Account data will be provided within the website for a 60 day period. If a member believes that points were not properly accrued to his/her account, the member must notify The NPD Group by using the Contact Us Form on the website within 30 days of survey completion. Allow 14 days for any account errors to be corrected and credits to be deposited to your account. The NPD Group reserves the right to adjudicate all SweepLand point discrepancies in its sole discretion, and the member agrees to abide with any such adjudication. The NPD Group and Program Entities shall have no liability for correspondence, mail or e-mail, which is lost, delayed, or misdirected.
G. Using Points
1. Members may utilize their points for entries in various Program Sweepstakes. Points can be used as soon as they are reflected in the account balance and/or may be accrued over time for later use.
2. Points can only be used as entries into various sweepstakes offered on SweepLand.com. One point equates to one entry, unless noted otherwise. Points have no cash value. Rules will be provided within the website for each respective Sweepstakes.
3. Your account balance is comprised of 'Points Available' and 'Points in Play'. 'Points Available' are the number of points available to enter into any Sweepstakes. 'Points in Play' are points currently entered into open Sweepstakes. SweepLand members can add or subtract points until each Sweepstakes has closed. Recalled points will be added back to your available point balance. 'Points Available' plus 'Points in Play' equal your total point balance.
4. Once a Sweepstakes has closed, the points assigned to that particular sweepstakes cannot be converted back to the Member's account.
5. There is no minimum number of points needed to participate in a Program Sweepstakes (providing that your account balance is greater than 0). You can use as many of your points as you want to enter any single Program Sweepstakes or other promotion of the Program.
6. Earned points do not expire provided account is active. Program may be terminated at any time. See Section H for details.
7. To use your points, members must view the active sweepstakes listed on the Program website. Each sweepstakes will provide a mechanism which allows the member to enter available points as entries into Sweepstakes.
8. Sweepstakes close at 11:59pm Eastern Time (ET) on the date indicated next to each sweepstakes ("Survey Closing Date") Points not entered by such time will not be entered into that drawing. If a survey is closed while you are attempting to enter points, you will be presented with an error message and the points will not be subtracted from your account.
9. Points have no cash value. Points earned are not considered to be property of a member and as such, one cannot sell, transfer, or assign their points to any other person. Further, points are not transferable as part of a domestic relations matter or otherwise by operation of law. Points may be revoked at any time by The NPD Group as set forth herein. All sweepstakes entries become the property of Sponsor.
H. Point Forfeiture for Account Cancellation or Inactivity
1. Earned points do not expire providing the account is active.
2. NPD may terminate any Panelist's SweepLand account at its sole discretion if a panelist has been inactive for a period of twelve (12) months or more. A Panelist will be deemed inactive if they have not responded to survey invitations, have not earned SweepLand points, and have not redeemed SweepLand points. Upon termination of an inactive account, the SweepLand points within the panelist's point bank will be immediately forfeited.
3. Panelists may terminate their NPDOR membership at any time by sending an e-mail with the subject line "remove me" to janet_hall@npd.com or by logging into npdor.com and requesting to be deleted. By canceling your NPDOR membership, the SweepLand account registered to that panelist will be terminated and all points immediately forfeited, including any points assigned to open Sweepstakes at time of account termination.
4. To remain a NPDOR member, but cancel your SweepLand account, click on the "Cancel Membership" link within the My Account section of sweepland.com. SweepLand account cancellation will take effect as soon as the member submits the cancellation request. NPDOR members who cancel their SweepLand membership will not earn points after cancellation and all SweepLand points in the cancelled account will be immediately forfeited, including any points assigned to open Sweepstakes at time of account termination.
5. The NPD Group maintains a strict policy on spam. We only send e-mail communication to members that have agreed to participate on our panel through a double opt-in process. If a member marks an NPDOR/SweepLand e-mail communication as spam through their internet service provider (ISP) interface, it will be assumed that the member wishes to be deleted from the Panel, at which point the SweepLand account registered to that panelist will be terminated and all points immediately forfeited.
I. Prize Delivery/Taxes/Warranty
1. Notification/Affidavit Process. Winners will be notified by e-mail within 5 business days of drawing date. Winners of prizes valued at $600 or more (or if a minor, his or her parent or legal guardian) will be e-mailed and required to fill out an affidavit of eligibility/liability and, where legal, a publicity release, and return same, properly executed, for Sponsor's receipt within 14 days of notification. If requested information is not returned within stated time frame an alternate winner will be selected, time permitting. If any letter/e-mail notification is returned as undeliverable, the prize will be forfeited and awarded to an alternate winner. Should the potential prize winner decide to decline the prize for any reason whatsoever, The NPD Group shall have no further obligation to that potential winner, and an alternate winner will be selected. If winner is a minor, prize will be awarded in the name of his/her parent or legal guardian. By acceptance of prize, winners (or if a minor, his/her parent or legal guardian) consent to the use of their name, likeness and place of residence for advertising and promotional purposes in any and all media, including online announcements, without additional compensation, except where prohibited by law.
2. Checks and prizes will be shipped via U.S. mail (or other carrier at the discretion of NPDOR) within four to six weeks from date of prize notification. Items may arrive sooner or later due to high demand and backorders from the manufacturer. Merchandise can only be shipped to approved U.S. shipping locations. Some merchandise prizes cannot be shipped to a PO Box, in which case the winner(s) will asked to provide a street address. NPDOR reserves the right to substitute unavailable merchandise with merchandise of equal or greater value. Online gift certificates will be sent via e-mail (from the certificate vendor, SweepLand web site or SweepLand program administrator) within four (4) weeks to the e-mail address on the SweepLand account.
3. Any federal, state or other tax liabilities arising from a Member's participation in the Program is the sole responsibility of each Prize Winner.
4. Program prizes are provided to Winners "as is" without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for any particular purpose or non-infringement.
J. Modifications and Termination of the Program
1. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, the duration of the Earning Period, Utilization Period, methods by which Members can earn points, the number of points associated with a survey, the number of points that may be utilized through the Program, and any of the options made available to Members with respect to their Accounts - at any time, with or without notice, even though these changes may affect a member's ability to use or accrue his/her points.
2. Sponsor reserves the right to terminate the Program at any time, for any reason even though termination may affect a member's ability to accrue or use his/her points. In the event of a termination, members will have 30 days from date Program termination is announced to utilize their points. In the event Program is terminated, notice will be sent to all Program Members via e-mail within a minimum of 30 days from date of termination.
3. A member's continued participation in the Program constitutes the member's acceptance of any changes to these Terms and Conditions. Members are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at www.sweepland.com and will supersede all previous versions of these Terms and Conditions.
K. General Terms and Conditions. 1. To learn how the personal information collected in connection with the Program may be used, individuals should read The NPD Group's Privacy Policy which is available at http://www.npdor.com/English/privacy.asp. The terms of The NPD Group Privacy Policy are incorporated herein by reference.
2. The NPD Group reserves the right to discontinue the participation privileges of any member who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated points.
3. The NPD Group is not responsible for any incorrect or inaccurate information supplied by Members while participating in the Program.
4. Sponsor has the sole discretion to interpret and apply the Terms and Conditions for the Program. All questions or disputes regarding eligibility for the Program, collecting or utilization of points, or a member's compliance with these Terms and Conditions will be resolved by The NPD Group in its sole discretion, which decisions will be final and binding in all respects.
5. Members are responsible for maintaining the confidentiality of their password. NPDOR has no control over the Internet and cannot prevent the interception of messages by unauthorized parties or guarantee that such unauthorized parties may not be able to decrypt encrypted messages. Accordingly, under no circumstances will NPDOR be responsible for any loss or damage incurred by any member as the result of unauthorized interception or decryption of information transmitted to or by NPDOR. Members must immediately notify NPDOR of any known or suspected unauthorized use(s) of a members account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of member's password.
6. Each member is responsible for all usage or activity on their account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by member or the result of member authorizing a third party to use member's username and password.
7. Merchandise pictured on the web site may not necessarily reflect exact colors or models of actual prizes due to printing variations and/or manufacturer's updates.
8. Program Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to entrant's or to any other person's computer or property related to or resulting from participating in this Program.
9. Except where prohibited by law, Members acceptance of any Prize constitutes permission for the Program Entities to use Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
10. Sweepstakes/Games offered in conjunction with SweepLand are subject to the complete Official Rules for each.
L. Limitation of Liability
1. The NPD Group and Program Entities are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error neither The NPD Group, BI Worldwide, and their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials ("Releases") shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE NPD GROUP IMPROPERLY DENIES A MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER INDEMNIFIES AND HOLDS THE RELEASEES HARMLESS FROM, AND WAIVES ANY AND ALL RIGHTS TO BRING, ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
2. As a condition of participating in this Program, member agrees that (1) any and all legal disputes, claims, and causes of action arising out of or connected with this Program, or any prizes obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in the State of New York, County of Nassau: (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will member be permitted to seek recovery for, and member hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of member and The NPD Group in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.
4. These Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
6. Abuse of the Program including failure to follow Program policies and procedures, the sale or barter of prizes or points and any misrepresentation of fact relating thereto or other improper conduct as determined by The NPD Group in its sole judgment may result in cancellation of the member's account and future disqualification from program participation and forfeiture of all points accrued. In connection with the enforcement of any of the terms and conditions governing the Program, The NPD Group reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys' fees and court costs.
7. If you have any questions about the Program, contact support@sweepland.com or Janet Hall at janet_hall@npdor.com |