
NPD Online Research
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
("Releasees") 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
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