Terms and Conditions Last Updated 09/01/09
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.
Acceptance of Agreement
Your sole remedy for dissatisfaction with the Site, or any content available on the Site, is to stop using the Site.
When used in this Agreement, certain words have particular meanings:
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.
Note to Parents and Children
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.
Code of Conduct
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:
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:
You may not do (or attempt to do) any of the following in connection with the Site:
You agree to abide by the following additional rules in all RewardTV Chat Rooms:
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.
Fraud and Termination of Membership
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.
RewardTV TV Trivia Games, and Sweepstakes
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.
Disputes and Errors
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 email@example.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:
The provider of the Site is Nielsen IAG, 501 Brooker Creek Blvd, Oldsmar, FL 34677. Nielsen IAG currently imposes no charges for general use of the Site. Nielsen IAG may implement or change charges at any time. In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please send an email to firstname.lastname@example.org. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing c/o Consumer Information Center, Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at 800-952-5210 or 916-445-1254.
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.
Trademarks, Copyrights, and Proprietary Rights
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.
Infringement and Regulatory Complaints
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:
Send notices and counter-notices to:
Director of Site Privacy
Disclaimer of Warranty; Limitation of Liability
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.
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