Rules, Terms, and Conditions effective as of May 15, 2015.
The following terms and conditions (these “Terms and Conditions”) contain important information regarding the Rewards Program (the “Program”) for the Panel by Opinion Savvy, LLC. (“Opinion Savvy”). These terms are in addition to any and all listed on the Opinion Savvy website at http://opinionsavvy.com (the “Site”) in general. Please read them carefully. All of the terms and conditions of use contained in the User Terms and Conditions are deemed incorporated into these Terms and Conditions by this reference. These Terms and Conditions are a binding agreement between you and Opinion Savvy. They govern your use of and participation in the Program.
Opinion Savvy reserves the right to modify these Terms and Conditions, so it is important to check them periodically. Continued use of the Site and participation in the Program is considered acceptance of these Terms and Conditions posted to the Site and any modified terms included therein.
Points are the currency used when a Panelist (as defined below) completes certain activities as described herein. You acknowledge that Opinion Savvy is under no obligation to provide a particular number of opportunities for you to earn Points, Credits, or Rewards. You acknowledge that you are solely responsible for the equipment and Internet access required to connect to the Site and the Program.
- Panelist Registration & Membership Requirements
In order to participate, you must register as a panelist of the Opinion Savvy Panel, by providing Opinion Savvy with accurate, complete, and updated registration information. A person may not, (i) activate or use more than one Panelist account; (ii) use a name subject to rights of another person; (iii) use a false or misleading name, address, or email address to activate or use a Panelist account; or (iv) present or supply false or misleading information to any entity involved in the Program.
The Program is open only to legal residents of the United States, who are at least 18 years old as of date of entry and who are Panelists. Employees of Opinion Savvy, its parents, subsidiaries and affiliates and suppliers connected in any way to the Program or the operations of Opinion Savvy’s websites, and those domiciled with such employees and Panelists of their immediate family are not eligible to participate. Void in Puerto Rico, Quebec, and where otherwise prohibited or restricted by law.
Panelists are limited to one and only one account.
Panelists must keep all registration information current at all times. Opinion Savvy can cancel any Rewards awarded while Panelist Contact Information was invalid or out-of-date. Panelists may update their registration information by visiting the Update Profile section of the Site and entering the information requested. An account cannot be used or accessed by multiple persons. Any duplicate accounts are subject to cancellation, and all Rewards accumulated will be forfeited.
You understand and agree that your membership in the Program is subject to and conditioned upon the following:
- Your continued adherence to these Terms and Conditions and the terms and conditions contained in the User Terms and Conditions and any future modifications thereto. Failure to follow these Terms and Conditions and/or the User Terms and Conditions constitute grounds for immediate termination of your membership in the Opinion Savvy Panel, without further notice, at Opinion Savvy’s sole discretion. Termination of your membership will result in cancellation of all accumulated Rewards and all rights of access and use granted to Panelists. In addition, Panelists whose accounts have been terminated may not access the Program or the Member section of Site, in any manner or for any reason.
- Opinion Savvy may, in its sole discretion, change, suspend or discontinue any aspect of the Program and/or the Site at any time, including the availability of any service feature, links, sponsor, database, or site content without notice, including, without limitation, should events beyond Opinion Savvy’s control occur, such as: computer equipment or electronic data transmission failure, strikes, civil disturbances, acts of nature, terrorism or war. Opinion Savvy may cancel the Program at any time. Opinion Savvy may also impose limits on certain features and services or restrict any Panelist’s access to parts or all of the Program and Site without notice or liability.
- The Program and the Site may be interrupted from time to time, and may not always be virus or error-free.
- Opinion Savvy reserves the right to periodically monitor Panelist’s use of the Program and the Site and may request at any time that a Panelist provide proof in order to verify the accuracy of the account information provided by the Panelist at the time of registration or anytime thereafter.
- The right of Opinion Savvy, in its sole discretion, to suspend or cancel, at any time and for any or no reason, a Panelist’s membership in and access to the Program or the Site.
Panelists may terminate their membership at any time by sending an email with the subject line “remove me” to firstname.lastname@example.org.
Opinion Savvy may, in its sole discretion, terminate or suspend any Panelist’s access to all or part of the Program and the Site including the cancellation of some or all of the Panelist’s accumulated Rewards for any or no reason, including, without limitation, breach of these Terms and Conditions or the User Terms and Conditions, or taking actions that are inconsistent with the intent of these Terms and Conditions. Opinion Savvy shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or intent of these Terms and Conditions. Any decision Opinion Savvy makes relating to termination or suspension of any Panelist’s account (including the cancellation of Rewards) shall be final and binding.
Opinion Savvy may also terminate any Panelist’s account in its sole discretion if a Panelist has been inactive for a period of twelve (12) months. A Panelist will be defined as inactive based upon Panelist’s lack of Rewards accrual or redemption. When a Panelist’s account has been terminated, all Rewards earned shall be forfeited.
- Earning Points and Credits
Once you have become a Panelist, you can begin earning Points by undertaking various online activities. The activities that will allow you to earn Points may change from time to time, in Opinion Savvy’s sole discretion.
Upon reaching a predetermined number of Points, Panelists will be awarded Credits for redemption of Rewards.
Opinion Savvy reserves the right to suspend, terminate, revalue or modify, without liability, or notice to Panelists, all or part of the Points value structure and offers. Opinion Savvy reserves the right to adjudicate all Points and Credits discrepancies in its sole discretion, and the Panelists agree to abide with any such adjudication. Opinion Savvy reserves the right to change point and credit awards or other incentives within the recruitment for a study. In the event the program is terminated, panelists will be notified and given 30 days in which to redeem their Points or Credits. In this event, Panelists will be notified via the e-mail address associated with their Opinion Savvy account.
Points and Credits will be posted to a Panelist’s account balance no later than thirty (30) days of Survey completion or Sweepstakes entry, and will be available for redemption as soon as they are posted to Panelist’s account. Opinion Savvy takes reasonable care to ensure Points and Credits are accurately deposited in Panelists’ accounts, however, Panelists are responsible for ensuring that their Points and Credits are properly deposited, and Opinion Savvy shall not be held liable for any errors regarding Points.
Rules governing the method for earning Points when a Panelist participates in special promotions are subject to the specific terms and conditions of the particular promotion, as specified in the terms and conditions for any such promotion.
- Redeeming Credits
Panelists may redeem Credits for gift certificates, or select merchandise as described on the Site (collectively, “Rewards”).
Panelists can view their total number of Rewards online by visiting the Dashboard page of the site. The Dashboard page is restricted to Panelists, and Panelists must enter their email address and password in order to view the Members page.
Opinion Savvy may change or remove any of the Rewards earning activities currently recognized, at any time, with or without notice to Panelists. The Points, Credits, and Rewards that Panelists earn are not considered to be property and, as such, one cannot sell, transfer, or assign their Points, Credits, or Rewards to any other person, under any circumstances. Selling, transferring, or otherwise assigning Points, Credits, or Rewards to any other person is considered a violation of this agreement and those Points, Credits, or Rewards are subject to forfeiture.
All Credits must be redeemed online.
To redeem Credits, Panelists must visit their Dashboard page and click on ‘Redeem Credits,’ where they will see the list of prizes they are eligible for. The Dashboard page is restricted to Panelists, and Panelists must enter their email address and password to view it. The value of a selected reward cannot exceed the number of Credits in the Panelist’s account.
Opinion Savvy reserves the right to change merchandise and gift certificate offers on its website at its discretion and without notifying Panelists.
You will not be able to redeem Credits for a Reward or to participate in an activity or promotion if you have insufficient Credits for such Reward or activity.
Any items received as a result of redemption of Credits may not be exchanged, returned or redeemed for cash value (if Reward is a gift certificate or merchandise).
Credits are non-negotiable and may only be redeemed through Opinion Savvy in exchange for Rewards. Once a Panelist redeems Credits, the appropriate number of Credits will be deducted from the Panelist’s account. Opinion Savvy reserves the right to modify at any time the number of Credits required to redeem any item or to participate in any activity. Opinion Savvy also reserves the right to make new prizes available and make unavailable existing prizes.
Panelists may not transfer or assign to any other person or permit anyone to make use of their membership in the Program, accumulated Credits, privileges or access to the Site.
Other Credits redemption methods may be added or substituted in the future in Opinion Savvy’s sole discretion.
All Rewards Prizes will be delivered via U.S. mail or electronically within eight weeks of redemption. Opinion Savvy reserves the right to change the expected delivery time.
Items may arrive sooner or later due to high demand and backorders from the manufacturer. Please note that delivery time may also be longer around the holidays. Panelists will have the opportunity to verify and, if needed, change their first and last name and mailing address before the merchandise is awarded. Merchandise can only be shipped to approved U.S. shipping locations. All merchandise Rewards are subject to availability and some merchandise Rewards may have limited availability. Opinion Savvy reserves the right to substitute unavailable merchandise with merchandise of equal or greater value.
- Other General Information
Panelists are responsible for maintaining the confidentiality of their password. Opinion Savvy 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 Opinion Savvy be responsible for any loss or damage incurred by any Panelist as the result of unauthorized interception or decryption of information transmitted to or by Opinion Savvy. Panelists must immediately notify Opinion Savvy of any known or suspected unauthorized use(s) of a Panelist’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Panelist’s password.
Each Panelist 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 Panelist or the result of Panelist authorizing a third party to use Panelist’s username and password.
Each Panelist agrees not to abuse the Program by conduct which is detrimental to the interests of Opinion Savvy, including without limitation attempting to accumulate Rewards or redeem Rewards in a manner that is in breach of or inconsistent with these Terms and Conditions. Without limiting the foregoing, Panelists shall not: (a) activate or use more than one account; (b) use an automated system, device or program or other similar method to accumulate Rewards; (c) manipulate or interfere with the Program or any affiliated program in any way to wrongly accumulate or redeem Rewards; (d) present false or misleading information to Opinion Savvy; (e) use or redeem Rewards which are obtained in violation of these Terms and Condition or which are erroneously credited to a Panelist’s account; or (f) assist another individual or entity in conducting fraudulent, abusive, manipulative or illegal activity. Any Panelist suspected of engaging in any fraudulent, abusive, manipulative or illegal activity may have their account terminated and all Rewards cancelled in Opinion Savvy’s sole discretion, and the Panelist may be referred to appropriate law enforcement agencies if such action is deemed warranted by Opinion Savvy.
Panelists must not do any of the following: (a) restrict or inhibit any other Panelist from enjoying the Program or the Site; (b) send messages that contain viruses, worms or any other destructive element; (c) send messages that are libelous, defamatory, obscene, threatening, abusive or hateful; or (d) interfere with or infringe the copyrights, trademarks, service marks, logos or confidential information of others.
Panelists may only access those portions of the Site specifically made available to Panelists and under no circumstances are Panelists permitted to use or attempt to use the Site or any portion thereof to violate its security or the security of systems accessible through it.
The Program, merchandise, services, Rewards, offers and activities are void where prohibited by law.
Merchandise pictured on the Site may not necessarily reflect exact colors or models of actual rewards due to printing variations and/or manufacturer’s updates.
Information about products, services and/or activities on the Site is accurate to the very best of Opinion Savvy’s knowledge. Opinion Savvy is not responsible for errors and/or omissions with respect to such information
Each Panelist acknowledges and agrees that Opinion Savvy shall not be responsible nor liable for any agreements between a Panelist and any of the Program’s affiliated companies with regard to items or services received by such Panelist as a result of a redemption of Rewards, or such Panelist’s participation in third-party promotions and/or other activities.
Determination of any tax liability related to accumulation and redemption of Rewards is solely the responsibility of the Panelist.
Opinion Savvy is 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 Rewards Program in any manner including without limitation, receipt of redemption requests, Panelists ability to participate in the Rewards Program, or posting of Credit Rewards to Panelist’s accounts. Opinion Savvy is also not responsible for any damage to any Panelist’s computer occasioned by participation in the Rewards Program or downloading of any information necessary to participate in the Rewards Program.
All Panelists agree to release Opinion Savvy, its clients, and their respective advertising, promotional or judging agencies from any and all liability, claims or action of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection to the Rewards, their cash value, or merchandise redeemed with Rewards, including but not limited to receipt, ownership, use, misuse or malfunction of the prize.
Any controversy or claim arising out of or relating to the Program shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association then in force and effect. The arbitration, including the rendering of an award, shall take place in Georgia. The arbitrator or arbitrators shall apply the substantive law of the State of Georgia applicable to contracts made and performed entirely therein, without reference to its choice of laws provision. Judgment on the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof.