Membership Agreement

Before you join RewardTV, please carefully review the following legal terms and conditions that will apply to your RewardTV membership. This page contains important information that may be updated from time to time.

Nielsen IAG, Inc. ("Nielsen IAG") is pleased to provide its site (www.rewardtv.com), various related services, and promotions available therein (collectively referred to as the "Site") to you, subject to your acceptance of this member agreement (the "Agreement"), the Privacy Policy accessible at here and the Rewards Program Rules accessible at here. By accessing and using the Site, or by becoming a registered member of the Site, you are entering into a legal agreement with Nielsen IAG to abide by this Agreement, the Privacy Policy and the Rewards Program Rules. If you do not wish to be bound by this Agreement, the Privacy Policy and the Rewards Program Rules, please do not register as a Member and exit the Site now.

Your sole remedy for dissatisfaction with the Site, or any content available on the Site, is to stop using the Site.

RewardTV may, in its sole discretion and upon notice to you, modify, restrict, change, or otherwise alter the Agreement, the Privacy Policy, or the Rewards Program Rules, in whole or in part, impose limits on certain features, promotions or services or restrict your access to part or all of the site. By continuing the access and use the Site you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations.

When used in this Agreement, certain words have particular meanings:

• "Affiliates" are all parties involved in creating, producing, and/or delivering the Site that have a relationship with RewardTV separate from this Agreement, including its parent companies, subsidiaries, affiliated companies, information providers, partners, sponsors, contractors, advertisers, and suppliers of products and services to RewardTV. Nothing in this Agreement creates any obligations of any Affiliate to you, or gives you any rights against any Affiliate.
• "Content" refers to any products, services, text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by RewardTV and/or its Affiliates or by Third Parties and otherwise available on the Site.
• A "Promotion" refers to any RewardTV TV Trivia Game, Survey, Sweepstakes, Redemption, or other program offered or available on the Site.
• A "Submission" is any communication that a user transmits to the Site (regardless of ultimate destination) by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like.
• A "Third Party" is any entity other than RewardTV or its Affiliates, or a person other than RewardTV's or its Affiliates' directors, officers, employees or agents.

You must be at least 13 years of age and a legal resident of the United States to become a registered member ("Member") of RewardTV. Employees, officers and directors of Nielsen IAG, its respective parents, affiliates, subsidiaries, advertising, promotional, fulfillment and marketing agencies, their immediate families (parent, child, sibling and spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in any Promotion on the Site.

To become a Member and open your RewardTV account ("Account"), you must completely fill out all of the information required on the online registration form located at http://www.rewardtv.com/join/default.sdo and click on the "Join" button to register. THIS DATA MUST BE ACCURATE AS IT WILL DETERMINE THE VALIDITY OF PROMOTION ENTRIES, WILL BE USED FOR SECURITY PURPOSES AND FOR THE FULFILLMENT OF ANY REWARD THAT MAY BE REDEEMED OR PRIZE WON. YOU ARE RESPONSIBLE FOR MAINTAINING AND PROMPTLY UPDATING YOUR ACCOUNT INFORMATION. IF INACCURATE INFORMATION IS SUPPLIED, IT MAY RESULT IN YOUR DISQUALIFICATION FROM MEMBERSHIP AND/OR ANY PROMOTION AND PREVENT THE FULFILLMENT OF ANY REWARD YOU MAY REDEEM OR PRIZE YOU MAY WIN.

By registering with RewardTV, you represent and warrant that you will: (a) provide true, accurate, current and complete information about yourself as prompted by the RewardTV registration form; and (b) maintain and promptly update such information to keep it accurate.

Limit of One (1) Account per Member. Multiple Accounts registered for the same person under different email addresses will be subject to cancellation, and Points held therein will be forfeited.

Limit of Three (3) Accounts per Household. If more than three (3) Accounts are registered for the same street address under different email addresses, such Accounts will be subject to cancellation and Points held therein will be forfeited.

You are responsible for maintaining the confidentiality of your password and Account, and are fully responsible for all activities that occur under your password or Account. You agree to: (a) immediately notify RewardTV of any unauthorized use of your password or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. RewardTV cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

5,000 Points will be credited to your Account upon registration.

The Site is not targeted to children (individuals under 13 years of age), and certain material may be considered inappropriate for children. In accordance with the Federal Children's Online Privacy Protection Act of 1998, RewardTV will not knowingly solicit or collect any personally identifiable data from individuals under the age of 13.

RewardTV wants to protect your privacy and respects your concerns about how we may gather, use and disclose your personal information. Our collection, use and disclosure of your personal information is governed by our Privacy Policy found at here which is incorporated by reference and forms part of this Agreement.

You agree to abide by the following code of conduct (the "Code of Conduct") and to comply with all applicable rules governing any Promotion accessible from the Site.

You may not use the Site in any manner that:

• infringes (or results in the infringement of) or misappropriates any rights, including, without limitation, any copyright, patent, trademark, or other intellectual property right, of RewardTV or any Third Party ;
• is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; or
• would cause RewardTV and/or any Affiliate to be in violation of any law or regulation.

You may not use the Site to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to material that:

• meets any of the descriptions above;
• is determined by RewardTV, in its sole discretion, to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity);
• is determined by RewardTV, in its sole discretion, to be defamatory or threatening;
• is determined by RewardTV, in its sole discretion, to be pornographic (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children); or
• contains any virus, worm, Trojan horse, or other harmful or disruptive component.

You may not do (or attempt to do) any of the following in connection with the Site:

• Restrict or inhibit use of the Site. This includes: (a) using any Account without the owner’s permission; (b) obtaining or soliciting another Member’s password or other personal information under false pretenses; or (c) impersonating another Member or otherwise misrepresenting yourself in any manner, whether to another Member, to RewardTV, or otherwise.
• Interfere with the operation of the Site. This includes: (a) interfering with, defeating, or circumventing any access or security function of the Site; or (b) accessing any portion of the Site that you are not authorized to access.
• Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site without RewardTV’s prior written authorization. This includes framing or mirroring any part of the Site.
• Remove any copyright, trademark, or other proprietary rights notice contained in the Content.
• Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content contained therein.
• Harvest, collect, or mine information about other Members of the Site.
• Create a database by systematically downloading and storing all or any of the Content available on the Site.
• Delete the Nielsen Flash cookie.

You agree to abide by the following additional rules in all RewardTV Chat Rooms:

• When you choose a screen name, identify a chat room, or otherwise create a label that can be seen by others, you will observe the rules of common decency. If RewardTV, in its sole discretion, finds such a label offensive, it reserves the right to change the name, remove the label and corresponding chatroom and/or suspend you from all future and/or current Promotions.
• If any Member harasses another Member in a general or private RewardTV Chat Room, RewardTV must be notified of the harassment within 24 hours of its occurrence. To file a complaint of harassment, contact us by our Member Services page with a description of the harassing behavior and the exact time and location at which it occurred. RewardTV will determine, in its sole discretion, from the chat room logs whether the Member has been offensive. RewardTV reserves the right to suspend the offending Member from all future Promotions for a period of time to be determined by RewardTV, at its sole discretion.

Failure to abide by this Code of Conduct or other terms and conditions of this Agreement, the Rewards Program Rules, or deletion of the Nielsen Flash Cookie, may be grounds for immediate limitation or termination of your Account without notice and may result in the termination of your sweepstakes entries and other incentives, and, in certain cases, may also subject you to civil or criminal penalties. RewardTV does not police for, and cannot guarantee that it will learn of or prevent, any inappropriate use of the Site. You are responsible for all use of your Account, unless you have notified RewardTV that your Account has been compromised by sending an email to us using our Member Services page requesting that access to it be blocked.

You agree that in the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, RewardTV, in its sole discretion, reserves the right to disqualify you from participation in any or all Promotions; suspend access to your Account indefinitely pending investigation; cancel your Account; terminate your membership; void any Points you have earned; and/or require the return of any prize you have won or Reward you have redeemed. The forfeiture of Points and/or return of prizes or Rewards shall in no way preclude RewardTV from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.

Such fraud and misconduct includes, but is not limited to: (a) any misrepresentation of any information furnished to RewardTV or its Affiliates by you, or anyone acting on your behalf; (b) falsifying personal information required during registration; (c) using methods such as automated computer scripts or other programming techniques to enter a sweepstakes or to claim a prize, redeem a Reward, accumulate Points or participate in any Promotion; (d) allowing others to use your Account for the purposes of accumulating Points; (e) intentionally trying to defraud or otherwise tamper with the computer programs that comprise RewardTV; (f) failure to comply with the Rewards Program Rules or the rules governing any individual Promotion; and (g) the exchange or publishing of questions and answers to RewardTV Games on message boards, in newsgroups or in any other public or private forum, or via e-mail or any other forum of written or verbal communication.

The RewardTV TV Trivia Games are only available via access to the Site and will be governed by the Rewards Program Rules found at here which are incorporated by reference and form part of this Agreement. The Sweepstakes will be governed by their own official rules, copies of which will be posted on the Site from time to time. It is your responsibility to review and comply with the Rewards Program Rules and the official rules of each Sweepstakes.

All questions or disputes regarding the Site, including without limitation, questions or disputes regarding the Promotions, or the accrual and redemption of Points, must be submitted in writing within 90 days of the qualifying transaction, to Nielsen Call Center 501 Brooker Creek Blvd, Oldsmar, FL 34677 or via email to memberservices@rewardtv.com. Any such disputes shall be resolved by RewardTV at its sole discretion. All interpretations of this Agreement shall be at the sole discretion of RewardTV. In the event that an error is made by RewardTV, such error shall not constitute a breach of this Agreement, and your sole remedy shall be the credit of the disputed Points to your Account.

Any dispute relating in any way to your visit to RewardTV or actions you take on RewardTV shall be submitted to confidential arbitration in New York, except that RewardTV may seek injunctive or other appropriate equitable relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the then prevailing Commercial Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined by a Member to an arbitration involving any other party.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

You are solely responsible for all Submissions from your Account. All Submissions must comply with the Code of Conduct appearing in this Agreement and will be treated as nonconfidential and non-proprietary. RewardTV may monitor or review Submissions from time to time, although it is under no obligation to do so and assumes no responsibility or liability arising from any Submission. RewardTV will cooperate with law enforcement authorities or court orders directing RewardTV to disclose Account information relating to the origin of any Submission. This Agreement does not affect the copyright ownership of your Submissions. By transmitting a Submission, you are granting RewardTV perpetual, non-exclusive, permission to use, modify, display, and distribute that Submission in any manner worldwide, without credit or compensation and without any obligation or liability to you.

Anything you transmit or post may be used by RewardTV or its Affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, RewardTV is free to use any ideas, concepts, know-how or techniques contained in any communication you send to RewardTV for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

The Site may contain hyperlinks ("Links") to Third Party sites, or be linked from Third Party sites (together referred to as the "Linked Third Party Sites"), and may contain banner advertising and/or sponsorships operated by or referring to Third Parties or their goods or services ("Advertising"). RewardTV does not control the Linked Third Party Sites or Advertising and does not review, endorse or control, nor is it responsible for, any content thereon, or the products, services or other material on or available through the Linked Third Party Sites or Advertising. RewardTV is also not responsible for any viruses, trojan horses, or other items of a destructive nature that the Links, the Linked Third Party Sites or Advertising may contain. If you have a Link to RewardTV on your site, RewardTV may revoke your license to display the Link at any time.

You are solely responsible for any charges or obligations that may be incurred as a result of any dealings with such Linked Third Party Site's operators or advertisers. You agree that RewardTV will not be responsible or liable for any loss or damage of any sort arising out of any such dealings or as a result of the presence of the Advertising or Links on RewardTV.

The Site and all Content contained therein are protected by the copyright laws and international treaties. "RewardTV" and the RewardTV logo are service marks and are used under license. The trademarks, logos, and service marks displayed on the Site, including the names of all Promotions (collectively, the "Trademarks"), are Trademarks of RewardTV and/or their respective owners. Nothing in this Agreement grants you any right to use any Trademark or trade name of RewardTV or any Third Party. Your misuse of any Trademark or trade name displayed on the Site is strictly prohibited. You are also advised that RewardTV will aggressively enforce its intellectual property rights to the fullest extent permitted by law, including the seeking of criminal prosecution where appropriate. Portions of the Site are the subject of pending patent applications.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a procedure for use by copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe that any Content appearing on the Site infringes your copyright, you may send RewardTV a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send RewardTV a counter-notice. Notices and counter-notices must meet the DMCA's requirements. RewardTV suggests that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims.

When providing notice of claimed infringement to RewardTV's Designated Agent, please do so in writing and include the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Send notices and counter-notices to:

Director of Site Privacy
Nielsen Call Center
501 Brooker Creek Blvd, Oldsmar, FL 34677


privacy@rewardtv.com

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

REWARDTV RESERVES THE RIGHT TO CHANGE, SUSPEND, OR DISCONTINUE ALL OR ANY ASPECTS OF THE SITE AT ANY TIME AND WITHOUT PRIOR NOTICE.

YOUR USE OF THE SITE AND ANY CONTENT CONTAINED THEREIN IS AT YOUR SOLE RISK. EVERYTHING AVAILABLE ON THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REWARDTV EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILILTY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

REWARDTV AND ITS AFFILIATES MAKE NO WARRANTY, GUARANTEE, OR REPRESENTATION THAT: (A) THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER REWARDS REDEEMED OR OBTAINED OR PRIZES WON BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

REWARDTV MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MATTER, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATES AND THIRD PARTIES IN CONJUNCTION WITH THE SITE AND ANY PROMOTION. ANY WARRANTY PROVIDED IN CONNECTION WITH ANYTHING AVAILABLE ON THE SITE FROM AN AFFILIATE OR THIRD PARTY IS PROVIDED SOLELY BY SUCH AFFILIATE OR THIRD PARTY, AND NOT BY REWARDTV. SPECIFIC SERVICES MAY BE SUBJECT TO SUPPLEMENTAL TERMS THAT ARE POSTED ON THE SITE OR PROVIDED TO YOU WHEN YOU SELECT SUCH SERVICES. YOUR USE OF SUCH SERVICES IS SUBJECT TO ALL SUCH SUPPLEMENTAL TERMS. IN THE EVENT OF A CONFLICT BETWEEN THIS AGREEMENT AND ANY SUPPLEMENTAL TERMS, THE SUPPLEMENTAL TERMS WILL CONTROL.

NEITHER REWARDTV NOR ITS AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, WHETHER UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, AND REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE, ARISING IN CONNECTION WITH: (A) YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY SITE COMPONENT, INCLUDING ANY TRANSACTIONS THAT INVOLVE THE SITE; (B) ANY CONTENT OR MATERIAL AVAILABLE (OR INTENDED TO BE AVAILABLE) ON THE SITE; (C) PERSONAL INJURY, DAMAGE, OR LOSS OF INCOME RELATED TO THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF REWARDS OR PRIZES; (D) LOSS OR DAMAGE OF REWARDS OR PRIZES WHICH OCCURS DURING THE SHIPPING OR TRANSPORT OF SUCH GOODS; (E) ANY ERROR OR OMISSION OF REWARDTV, OR ANY ACT OR OMISSION OF ANY THIRD PARTY; (F) ANY ERROR, DELAY, INTERRUPTION, OPERATIONAL PROBLEM, UNAVAILABILITY, OR FAILURE IN THE SITE, ANY SITE COMPONENT, OR ANY DIRECTLY OR INDIRECTLY RELATED EQUIPMENT, SYSTEM, PROGRAMMING, OR NETWORK (INCLUDING THE INTERNET); (G) ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF A PROMOTION; (H) ANY BREACH OF SECURITY INVOLVING THE SITE OR YOUR ACCOUNT; (I) ANY VIRUSES OR OTHER CODE OR COMPONENT THAT MAY AFFECT YOUR COMPUTER SYSTEM OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE; OR (J) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD REWARDTV AND ITS AFFILIATES, AND THE RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS OF EACH, HARMLESS FROM AND AGAINST ALL THIRD PARTY CLAIMS, LOSSES, JUDGMENTS, CAUSES OF ACTION, DAMAGES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM: (A) YOUR BREACH OF THIS AGREEMENT; (B) ANY LOSS OR DAMAGE EXPERIENCED FROM YOUR USE OR ATTEMPTED USE OF (OR INABILITY TO USE) THE SITE, INCLUDING ANY TRANSACTIONS THAT YOU CONDUCT OR ATTEMPT; (C) YOUR VIOLATION OF ANY LAW OR REGULATION; (D) YOUR INFRINGEMENT OF ANY RIGHT OF ANY THIRD PARTY; AND (E) ANY OTHER MATTER FOR WHICH YOU ARE RESPONSIBLE HEREUNDER OR UNDER LAW.

IN NO EVENT SHALL LIABILITY TO YOU ARISING FROM ANY MATTER RELATING TO THE SITE EXCEED $200. IF REWARDTV ELECTS TO OFFER ANY FORM OF GUARANTEE OR WARRANTY PROGRAM IN CONNECTION WITH ASPECTS OF THE SITE, THAT PROGRAM WILL BE STRICTLY LIMITED TO ITS TERMS, AND WILL NOT LIMIT ANYTHING IN THESE TERMS EXCEPT TO THE EXTENT THOSE TERMS EXPRESSLY SO STATE.

YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF REWARDTV PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION 15, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.

BY PARTICIPATING IN THE REWARDS PROGRAM, PARTICIPANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS REWARDTV, ITS RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, RETAILERS, AGENCIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL LIABILITY AND/OR DAMAGES, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF REWARDTV MEMBERSHIP, OR USE OF THE SITE OR CONTENT, OR THE AWARDING, ACCEPTANCE, REDEMPTION, USE/MISUSE OR POSSESSION OF REWARDS, PRIZES OR POINTS.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section 17. This Agreement shall be governed by and construed in accordance with the laws of New York without reference to conflicts of law rules. If any provision of this Agreement is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect.

Nothing contained in this Agreement shall be construed to limit the actions or remedies available to RewardTV or its Affiliates with respect to any prohibited activity or conduct. Non-enforcement of any of the terms of this Agreement does not constitute a continuing consent or waiver of such term or of any other terms, and RewardTV reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement is for the benefit of RewardTV and its Affiliates (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. This Agreement and your rights and obligations arising thereunder may not be assigned or transferred by you without the written consent of RewardTV, in its absolute discretion, and any such attempt shall be void. This Agreement constitutes the entire agreement between you and RewardTV and supersede all prior or contemporaneous agreements, communications and proposals, whether electronic, oral, or written, between you and RewardTV with respect to the Site.