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Attachment 3 HIPoints Terms Conditions
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2/11/2011 terms.m.htm You are not currently logged in to your account. My HIpoints Account What I Can Earn Redeem My HIpoints How HIpoints Work HIpoints Support Login | Terms & Conditions | Privacy Policy Terms & Conditions Harris Interactive is proud to introduce HIpoints, a points system designed to reward Harris Poll Online members who complete surveys for Harris Interactive in the following countries: the United States and United States territories, Canada, the United Kingdom, Italy, France, Spain and Germany. In order to bring you this new and exciting program, Harris Interactive has contracted with its agent, Incentive Logic, Inc., to provide you with this special HIpoints website as part of our new Harris Poll Online Rewards program. Participation is simple. Upon successful completion of your first eligible survey on Harris Poll Online with HIpoints, your HIpoints account will be automatically created. To activate your account, simply log into the HIpoints website using the login information that was emailed to your Harris Poll Online email account. Each time you complete an additional eligible survey, you will earn more HIpoints. The number of HIpoints earned will depend on the length of the survey completed, and on these terms and conditions. Participation in the HIpoints program is subject to these terms and conditions, and any other rules, conditions, policies, or procedures that Harris Interactive may adopt from time to time. Please, therefore, take the time to review these terms and conditions so you can learn all about how you can earn HIpoints, how you can redeem HIpoints, and other important program information. Reservation of Rights The HIpoints program and its benefits are provided to you at the discretion of Harris Interactive and Harris Interactive has the right to terminate the program, or to change these terms and conditions, the exclusive awards, or conditions of participation, in whole or in part, at any time, with or without notice to you. Such changes include increasing the amount of HIpoints required to redeem any exclusive award, or change or removal of any of the awards currently available, at any time, with or without notice to you. If Harris Interactive does provide notice of changes, it may do so by email, regular mail or by general posting on the HIpoints website. Other examples of the types of changes to the HIpoints program that Harris Interactive may make are described in these terms and conditions. Although every effort has been made to ensure that the information in this document is accurate, Harris Interactive is not responsible for typographical errors or omissions. Privacy Harris Interactive has contracted with its agent, Incentive Logic, Inc., to provide you with the HIpoints program, including this special HIpoints website. Our treatment of your personally identifiable information is subject to the terms of our privacy policy. By participating in the HIpoints program, you acknowledge and agree that Harris Interactive must disclose to our agent, Incentive Logic, certain personal information in order to bring our Harris Poll Online members C:/…/terms.m.htm 1/7 Page 1 of 7 2/11/2011 terms.m.htm HIpoints as part of the Harris Poll Online Rewards Program. W e contracted with our agent to ensure that it will strictly adhere to our privacy policy, and it has agreed to maintain the confidentiality and protection of your personal information at all times during and after providing service. If you do not wish for us to share your information, you may notify us accordingly by sending a written note to the attention of the HIpoints/Incentive Logic Customer Care Team. Opting out of disclosure of your information to our agent will, by necessity, mean that you cannot participate in the HIpoints program. Activating Accounts and Earning HIpoints Currently, HIpoints can only be earned by completion of an eligible survey. Upon completion of their first eligible survey Harris Poll Online survey, Harris Poll Online members will be automatically registered in the HIpoints program. As stated previously, members need to activate their HIpoints accounts after completing the first eligible survey with HIpoints by logging into the HIpoints website utilizing the user name and password provided to them via email. HIpoints will be earned after the first survey and after every eligible survey thereafter. Members will be notified either in the email invitation or survey itself to the number of HIpoints offered for completing the survey. Who Is Eligible The HIpoints program is open to Harris Poll Online members aged 13 and older who are legal residents of the following countries: the United States and United States territories, Canada, the United Kingdom, Italy, France, Spain and Germany. Employees of Harris Interactive and Incentive Logic as well as members of their households or immediate families who are members of Harris Poll Online are eligible to participate. HIpoints will be deposited in member accounts in as little as a few seconds to as much as 4 weeks after completing the eligible survey. Reasonable effort is made to correctly allocate earned HIpoints to one's account. However, members are responsible for ensuring that their HIpoints are properly credited. HIpoints will be maintained in member accounts until they are redeemed or forfeited, whichever occurs first. Harris Interactive may change or remove any of the HIpoints earning activities currently recognized, at any time, with or without notice to its members. The HIpoints that members earn are not considered to be property and, as such, one cannot sell, transfer, or assign their HIpoints to any other person, under any circumstances, without Harris Interactive's written permission. Redeeming HIpoints HIpoints can be redeemed once a Member has accrued the required number of HIpoints for a redemption award provided that the member's account is in good standing. Merchandise available for redemption awards can be viewed and selected through the HIpoints Folios. The value of a selected reward in a Folio cannot exceed that of the number of HIpoints currently accrued in the Member's HIpoints account. Making a selection of a reward from a Folio of a lesser value is permitted, and any unused HIpoints will remain in the user's HIpoints account for future use. HIpoints will be immediately subtracted from the user's account upon merchandise selection. Members cannot combine C:/…/terms.m.htm 2/7 Page 2 of 7 2/11/2011 terms.m.htm HIpoints from different accounts for awards redemption purposes. All items are subject to availability and some merchandise has limited availability. Merchandise can only be shipped to U.S approved shipping locations. Neither redeemed prizes nor unredeemed HIpoints are transferable for cash. HIpoints have no cash value. Accounts with values less than the first eligible redemption level are not eligible for any redemption award. Notwithstanding the foregoing, Harris Interactive may, in its sole discretion, offer merchandise, promotional items, or other options to Members with HIpoints account balances less than the first eligible redemption level. Members can view their current HIpoints account balance online. This section of the site is restricted to members only, and members must enter their user name and password to view their account information and other HIpoints details. HIpoints may be spent only on rewards offered through Harris Interactive and its agent, Incentive Logic, Inc. at the time of redemption. Redeemed HIpoints will be subtracted from the member's account once the reward is requested. Harris Interactive reserves the right to refuse a refund of HIpoints to a member if merchandise is returned. Harris Poll Online Member Obligations By participating in the HIpoints, you agree to comply with all applicable rules, laws, and regulations. Harris Poll Online members who complete eligible surveys acknowledge that they may only participate in HIpoints if and to the extent such participation is permitted by law. If you violate any law, rule, or regulation, including these terms and conditions, or if your participation in the HIpoints program could violate any applicable state or federal law, rule, or regulation, Harris Interactive may refuse to activate your account, grant HIpoints, or may otherwise restrict, modify, or terminate your participation in the HIpoints program. Additionally, you agree to the following terms: Account Password Security You agree to maintain the confidentiality of the username and password issued to you. You agree to immediately notify our agent, Incentive Logic, Inc., of any unauthorized use of your account or any other breach of security known to you. No Vested Rights The accrual of HIpoints does not entitle any Harris Poll Online member to vested rights with respect to any awards or other benefits under the HIpoints program. Harris Interactive is not liable to you should it exercise its right to terminate the HIpoints program. Non-Transferability HIpoints are specific to the Harris Poll Online member to whom they were awarded, unless otherwise stated. You agree not to forward any invitations to participate in eligible surveys to any third parties without Harris Interactive's prior written consent. Each HIpoints account is limited to one individual user, and each user is limited to one email address. C:/…/terms.m.htm 3/7 Page 3 of 7 2/11/2011 terms.m.htm No Abuse of HIpoints Program You agree not to abuse HIpoints privileges by conduct which is detrimental to Harris Interactive, including without limitation attempting to accrue HIpoints or spend HIpoints in a manner inconsistent with the policies of HIpoints or the intent of these terms and conditions, having multiple accounts, attempting to earn HIpoints through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with HIpoints links. Accurate Disclosures You agree to provide only true and accurate information to Harris Interactive at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Harris Interactive or its agents has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Harris Interactive has the right to terminate your account and refuse any and all current or future access to, or use of the HIpoints program. Cooperation with Agents You agree to comply with all terms of Harris Interactive, promotions, and programs at all times. Notification of Change of Personal Information You agree to promptly notify Harris Interactive and Incentive Logic of any change in email address by updating your personal information at the Harris Poll Online website. Fraud Harris Interactive shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision made shall be final and binding. Fraud or abuse relating to the accrual of HIpoints or redemption of merchandise may result in forfeiture of accrued HIpoints as well as the termination of your HIpoints and Harris Poll Online account. You are solely responsible for any fraudulent use of your HIpoints due to the theft or the sharing of your password. HIpoints is a service provided to an individual Harris Poll Online respondent, not a company. Disclaimer of Warranties You expressly agree that use of any HIpoints is at your sole risk. HIPOINTS AND ALL SERVICES OFFERED IN CONNECTION THEREW ITH ARE PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. HARRIS INTERACTIVE AND INCENTIVE LOGIC MAKE NO W ARRANTY W ITH REGARD TO ANY PRODUCTS, SERVICES OR REW ARDS OBTAINED THROUGH HIPOINTS AND/OR HARRIS INTERACTIVE'S AGENT, INCENTIVE LOGIC; THAT HIPOINTS W ILL MEET HARRIS POLL ONLINE MEMBERS' REQUIREMENTS; OR THAT HIPOINTS W ILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES HIPOINTS MAKE ANY W ARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HIPOINTS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED C:/…/terms.m.htm 4/7 Page 4 of 7 2/11/2011 terms.m.htm BY HIPOINTS. Harris Interactive and Incentive Logic disclaim any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Harris Interactive and Incentive Logic shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Harris Interactive partners, manufacturers of merchandise or suppliers of services. No advice or information, whether oral or written, obtained by you from Harris Interactive and Incentive Logic through this HIpoints program shall create any warranty not expressly made herein. Limitation of Liability HARRIS INTERACTIVE AND INCENTIVE LOGIC ARE NOT RESPONSIBLE NOR LIABLE FOR ANY DAMAGES, W HETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, OR LOSSES THAT RESULT FROM PARTICIPATION OR THE INABILITY TO PARTICIPATE IN HIPOINTS, OR RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR THROUGH HIPOINTS EXCEPT IN CASE W HERE SUCH LIABILITY IS MANDATED BY A GIVEN STATE OR COUNTRY. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY INDEMNIFY AND HOLD HARMLESS HARRIS INTERACTIVE AND INCENTIVE LOGIC FROM AND AGAINST, ANY ACTIONS TAKEN BY ANY USER AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO ACCRUAL OF HIPOINTS, REDEMPTION OF HIPOINTS, AND DISCLOSURE OF PASSW ORDS TO THIRD PARTIES. BY USING THE HIPOINTS, YOU RELEASE HARRIS INTERACTIVE AND ITS AGENTS, INCLUDING INCENTIVE LOGIC, FROM ANY AND ALL LIABILITY REGARDING THE REDEMPTION OF HIPOINTS, USE OF MERCHANDISE, OR OTHER PARTICIPATION IN HIPOINTS. You acknowledge that Harris Interactive neither endorses the contents of advertisements or partner websites, including www.incentivelogic.com, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby. Harris Interactive is not responsible and assumes no liability for any changes or discontinuances of service from providers, which may affect offers, or the accrual of HIpoints. In no event shall Harris Interactive's liability, either jointly or severally, exceed the amount of $100. Cancellation, Termination and Expiration Unredeemed HIpoints expire on the earlier of the following events: (1) if you do not complete a HIpoints eligible Harris Poll Online Survey and opt to receive HIpoints for (9) months (2) if you have been a Harris Poll Online member for over 12 months and never logged into your HIpoints account or (3), your cancellation of your Harris Poll Online registration or (4) opting-out of the HIpoints program. If the email address you used for registering with the Harris Poll Online no longer accepts emails from Harris Interactive (bounce backs, auto-replies), your Harris Poll Online account will be unsubscribed and your HIpoints will be forfeited. C:/…/terms.m.htm 5/7 Page 5 of 7 2/11/2011 terms.m.htm Any failure to comply with all applicable rules or participation in any other conduct that is detrimental to Harris Interactive or the Harris Interactive community may result in the termination of your Harris Interactive membership, cancellation of your HIpoints account, elimination of the HIpoints you have accumulated, or any of the foregoing, in Harris Interactive's sole discretion. Harris Interactive shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of HIpoints) shall be final and binding. Cancellation of a membership in Harris Poll Online by a member is effective as soon as the member submits the cancellation request. Harris Poll Online members may not earn HIpoints after cancellation. Any unredeemed HIpoints in the cancelled account will be forfeited to Harris Interactive. Should you object to these terms and conditions, or any subsequent modifications thereto, or become dissatisfied with the HIpoints program, your only recourse is to immediately discontinue participation in HIpoints and terminate your membership. Harris Interactive reserves the right to terminate any membership if that member has been inactive for a period of nine (9) months. "Inactive" shall be defined as having no survey completions with Harris Interactive. Upon termination of an inactive account the HIpoints will be immediately forfeited to Harris Interactive. Indemnification You agree to indemnify and hold Harris Interactive, its agents (including Incentive Logic, Inc.), affiliates, officers and employees harmless from any claim, demand, expense or damage, including reasonable attorneys' fees relating to use of HIpoints or violation of this Agreement. Intellectual Property Rights Harris Interactive retains all right, title and interest to its trademarks, HARRIS INTERACTIVE, HIPOINTS, its logos, phrases and any other content or material embodying or consisting of patentable or copyrightable work on the HIpoints website (Harris Intellectual Property). The content of HIpoints and its website is intended for the personal, noncommercial employment of its users, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, including from the Harris Intellectual Property. All other trademarks and or copyrights appearing on the HIpoints pages are the property of their respective owners, and unless otherwise stated, Harris Interactive and the respective owners of said intellectual property are not affiliated. Governing Law These terms and conditions shall be governed by the laws of the State of New York. C:/…/terms.m.htm 6/7 Page 6 of 7 2/11/2011 terms.m.htm Arbitration Any controversy or claim arising out of or relating to these terms and conditions shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Monroe County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Harris may seek any interim or preliminary relief from a court of competent jurisdiction in Monroe County, New York necessary to protect the rights or property of you or Harris pending the completion of arbitration. Effective Date The Effective Date of these HIpoints Terms of Use is November 2009. English Español Deutsch Français Italiano © 2000-2011 Incentive Logic, Inc. and Harris Interactive Inc. All Rights Reserved. Pow ered By Incentiv e Logic C:/…/terms.m.htm 7/7 Page 7 of 7
| File Type | application/pdf |
| File Title | terms.m.htm |
| Author | CHaney |
| File Modified | 2012-01-11 |
| File Created | 2011-02-11 |