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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
HIpoints as part of the Harris Poll Online Rewards Program. We 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 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.
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
THEREWITH ARE PROVIDED ON A STRICTLY "AS IS" AND "AS
AVAILABLE" BASIS. HARRIS INTERACTIVE AND INCENTIVE LOGIC MAKE NO WARRANTY
WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED THROUGH HIPOINTS
AND/OR HARRIS INTERACTIVE'S AGENT, INCENTIVE LOGIC; THAT HIPOINTS WILL MEET
HARRIS POLL ONLINE MEMBERS' REQUIREMENTS; OR THAT HIPOINTS WILL BE
UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES HIPOINTS MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HIPOINTS OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED 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, WHETHER 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 WHERE
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 PASSWORDS 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.
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.
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.
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