VIP Voice Loyalty Program and Reward Center Terms and Conditions
A. Overview of VIP Voice Loyalty Program and Rewards Programs
- The VIP Voice Rewards program, which includes SweepLand®, BidLand and Special Offers ("Program"), is a loyalty program through which VIP Voice members ("Members") can earn points by completing eligible surveys. Members may utilize their points to bid on auctions in BidLand and/or for entries into sweepstakes in SweepLand http://vipvoicerewards.com/ .
B. Sponsor: The NPD Group, Inc., 900 West Shore Road, Port Washington, NY 11050. Administrator: BI Wordwide, Inc., 7630 Bush Lake Road Minneapolis, MN 55439
- The Program is open to active Members. An active Member is an individual who resides in the 50 United States (and the District of Columbia) or Canada, who is 13 years old or older at the time of enrollment and who has taken at least one VIP Voice survey within the last 6 months. To become a Member, visit www.vipvoice.com (“Website”). There is no cost to join VIP Voice. Employees of Sponsor, Administrator and their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Program, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Void where prohibited by law.
- Participation in the Program constitutes Member’s full and unconditional agreement to these Terms and Conditions. Sponsor reserves the right to revise or change these Terms and Conditions at any time without notice to Member. If the Terms and Conditions are updated, any changes will apply to all Members enrolled in VIP Voice on the date the revised Terms and Conditions are posted on the Website. See Section J for additional provisions.
- A Member may not (a) activate or use more than one account, name or email address; (b) use the name of another person without authorization of that person; (c) use a false or misleading name, address, or e-mail address to activate or use an account; or (d) present or supply false or misleading information to any entity involved in the Program.
- Each Member is limited to one (1) account which includes one set of VIP points. Any duplicate account is subject to cancellation, and the Level achieved and all points accumulated will be forfeited. An account cannot be used or accessed by multiple persons.
- Members must keep all registration information current at all times. Members may update their registration information by logging into the My Account section of the Website and entering the information requested.
- In the event of a dispute over the identity of a Member or entrant into a Sweepstakes, Auction or other Program promotion, the entry or other submission will be deemed submitted by the authorized account holder. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an internet service provider, on-line service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning the e-mail address or the domain associated with the e-mail address submitted.
- Points can only be earned on eligible surveys that are open and active at the time the Member accesses the link included in the survey e-mail invitation or via the My Survey Center on the Website. Sponsor reserves the right to close a survey in its sole discretion. A Member may only complete each survey one time. Options to earn additional points via non-survey related activities may be provided at the sole discretion of the Sponsor.
- Points awarded in conjunction with a survey will only be awarded (a) when a Member completes a survey and is presented with the survey closing/confirmation page (“VIP Qualification Points”); or (b) when a Member accesses a survey, answers the initial qualifying questions, and is presented with a message that Member has not met the qualifications required to complete the survey (“VIP Participation Points”). Points for completing or accessing surveys will be earned and accumulated according to the table below. Sponsor may, in its sole discretion, change the point value for any survey. Points can be used as soon as they are reflected in the Member’s account balance and/or may be accrued over time for later use. Members can use their points to enter any Sweepstakes or Auction at or below the VIP Voice Level they have achieved, subject to any additional eligibility restrictions that may be indicated in an individual Sweepstakes or Auction.
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- Points will be deposited into a Member's account within two (2) weeks after the survey has been completed unless otherwise noted by Sponsor. Points earned for non-survey related promotions will be reflected in the Member's account within two (2) weeks of completing the required promotional action unless otherwise noted by Sponsor.
- Member’s account balance is comprised of 'Points Available', 'SweepLand Points in Play' and ‘BidLand Points in Play’. 'Points Available' are the number of points available to enter into any SweepLand sweepstakes (“Sweepstakes”) or BidLand auction (“Auction”). 'SweepLand Points in Play' are points currently entered into an open Sweepstakes. Members can add or recall points until each Sweepstakes has closed. Recalled points be added back to your ‘Points Available’ balance. ‘BidLand Points in Play’ are the points used by the Member to make a bid. The Member can add points to any bid but cannot recall points from a bid in an Auction. If a Member’s bid is not the highest bid and the Auction is closed, the points used to bid will be returned to the Member’s account. 'Points Available' plus 'SweepLand Points in Play' and ‘BidLand Points in Play’ equals your total point balance.
- Members acknowledge that Sponsor is under no obligation to provide a particular number of survey opportunities to earn points.
- Points have no cash value. Points may be revoked at any time by Sponsor as set forth herein. Members may not combine or transfer points with other Members' Accounts. Points are not considered to be property of a Member and as such, a Member cannot sell, transfer, or assign their points to any other person and points are not transferable as part of a domestic relations matter or otherwise by operation of law. Any attempt to combine or transfer points will result in disqualification from the Programs and forfeiture of all points in any Member's Account. Sponsor reserves the right, in its sole discretion, to take any other action it deems appropriate in the event it believes a Member may have violated this provision.
- Sponsor reserves the right to change, add, or remove the methods by which Members can earn points.
- Account balance is provided on the VIPVoice.com Website, showing all account activity for the previous 60 days. Sponsor uses reasonable efforts to ensure points are allocated and accrued correctly; however, Members should review their accounts to ensure that their points are properly credited. If a Member believes that their account balance is incorrect, the Member should go to the Contact Us page on the Website http://www.vipvoice.com/Toluna.MR.TrafficUI/MSCUI/Page.aspx?pgtid=16
The submission should include the Member’s name, email address and specific information concerning the points in question. Sponsor will investigate the matter and respond back to the Member. All decisions made by Sponsor are final and binding.
E. Level and Point Forfeiture for Account Cancellation or Inactivity
- Members will maintain the highest Level achieved as long as they remain an active Member by completing at least one survey within the last six months. So long as the Member is active and in good standing, points do not expire.
- Sponsor may terminate any Member's account in its sole discretion if a Member has been inactive for a period of six (6) months or more; or if the Member is in violation of any of these Terms and Conditions including without limitation failure to follow Program policies and procedures, the sale or barter of prizes or points and any misrepresentation of fact relating thereto or other improper conduct as determined by Sponsor. Upon termination by Sponsor, the points within the Member’s Account will be immediately forfeited and the Level the Member has achieved will be reset to zero. In Sponsor’s sole discretion, Member may be disqualified from future participation in the Program or similar Sponsor loyalty programs.
- Members may terminate their VIP Voice membership at any time by logging into the Website and clicking the unsubscribe button. By canceling your VIP Voice membership, all Member points will be immediately forfeited; including any points assigned to open Sweepstakes or Auctions at the time of the account termination and the Level achieved by Member will be forfeited and reset to zero.
- Points can be used for entries into various Sweepstakes offered on SweepLand. Member should view active Sweepstakes available for Member’s Level. Each active Sweepstakes allows Members to enter available points as entries into the Sweepstakes. One point is equal to one entry, unless noted otherwise in the Sweepstakes rules.
- Each Sweepstakes will have specific rules, conditions, and start and closing dates and times. The rules will be provided within the Website for each respective Sweepstakes.
- Sweepstakes close at 11:59:59 pm Eastern Time (ET) on the date indicated next to each sweepstakes. Points not entered by such time will not be entered into that Sweepstakes. If a Sweepstakes is closed while Member is attempting to enter points, Member will be presented with an error message and the points will not be subtracted from Member’s account. Once a Sweepstakes has closed, the points assigned to that particular Sweepstakes cannot be recalled or returned to the Member's account.
- The SweepLand program and any individual Sweepstakes may be terminated at any time. See Section J for details.
- In order to place bids into an Auction, Members must create a BidLand ID. The BidLand ID will be displayed in each Auction in which Member places a bid. BidLand IDs must not contain content that other Members may find offensive. This includes, without limitation, anything related to or suggestive of: profane words/phrases, topics or content of a sexual nature, hate speech (including but not limited to racial, ethnic, or religious slurs), illegal drugs/controlled substances or illegal activities, or content that may infringe upon a third-party’s intellectual property rights (including, but not limited to, content protected by trade-mark or copyright laws).
- Member should view active Auctions available for Member’s Level and use available points to bid on an Auction. Each Auction shall have a description of the item being auctioned, an end date/time for the Auction and the current highest bid. Any denomination of points entered at one time in one (1) auction equals one (1) bid. Member may use as many of their available points as they decide to bid on any single Auction as long as the bid is higher than the current highest bid for that Auction.
- Once an Auction has closed, the Auction item will be awarded to the highest bidder. The points bid by the highest bidder for that particular Auction will be permanently deducted from that Member's account. If a Member is outbid or loses an Auction, the points bid for that Auction will be returned to the Member’s Account. The highest bidder will be given an option to claim the item won or exchange the Auction item won (forfeit the Auction item won) and choose one item within the Auction item category. The highest bidder may choose one (1) item only. Notwithstanding the previous sentence, Auction items won which are awarded as a digital code (e.g. music downloads) cannot be exchanged for a different item.
- Auctions close at the time specified in each Auction description. Members will not be able to bid points after an Auction has closed. If an Auction closes while Member is attempting to bid points, Member will be presented with an error message and the points will not be subtracted from Member’s account.
- The BidLand program or any individual Auction may be terminated at any time. See Section J for details.
H. Special Offers
- Members from time to time, will be eligible for special offers through VIP Voice. Special Offers are only available to Members residing within the 50 United States and the District of Columbia. Members residing in Canada are not eligible.
- No points are required to redeem Special Offers and no points will be awarded for participating in Special Offers. Sponsor reserves the right to terminate or modify any Special Offers.
- For Special Offers, Sponsor may provide links to third-party websites as a convenience to Member, and Sponsor’s providing of any link does not constitute an endorsement of such site by Sponsor or vice versa. In no event shall Sponsor be liable for any direct, indirect, incidental, special, punitive, or consequential losses or damages whatsoever for any materials, products or services resulting from purchases made on third party websites or by visiting a third party website.
I. Prize Delivery/Taxes/Warranty
- Notification/Affidavit Process. Potential Sweepstakes winners will be notified by e-mail within 5 business days of a Sweepstakes drawing date. The highest bidder in an Auction will be notified by e-mail within 24 hours after the Auction closes. If the Sweepstakes prize or Auction item is valued at $600 or over, the winning Member (or if a minor, his or her parent or legal guardian) will be required to fill out an affidavit of eligibility/liability and where legal, a publicity release and return same, properly executed, for Sponsor's receipt within 14 days of notification. Canadian residents who are potential winners of a Sweepstakes will be required to fill out a declaration of eligibility/liability, which will include a mathematical skill testing question to be answered without mechanical or other aid, and return same, properly executed, for Sponsor's receipt within 14 days of notification. If the requested information is not returned within the stated time frame (or if the selected winner fails to correctly answer the skill-testing question, if applicable) an alternate winner or the next highest bidder will be selected,. If any letter/e-mail notification is returned as undeliverable, the Sweepstakes prize or Auction item may be forfeited and awarded to an alternate Sweepstakes winner or the next highest Auction bidder, at the Sponsor’s sole and absolute discretion. If the Sweepstakes winner or highest Auction bidder decide to decline the Sweepstakes prize or Auction item for any reason whatsoever, Sponsor shall have no further obligation to that potential Sweepstakes winner or Auction highest bidder, and an alternate Sweepstakes winner or the next Auction highest bidder will be selected if time permits (depending on the details of the prize/auction item). If Sweepstakes winner or highest Auction bidder is a minor, prize will be awarded in the name of his/her parent or legal guardian.
- Sweepstakes prizes and Auction items will be shipped via U.S. mail (or other carrier at the discretion of Sponsor) within four to six weeks from date of the drawing or highest bidder notification. Merchandise can only be shipped within the U.S.A. and Canada. Some merchandise prizes cannot be shipped to a PO Box, in which case the Sweepstakes winner(s) or Auction highest bidder will be asked to provide a street address. Sponsor reserves the right to substitute unavailable merchandise with merchandise of equal or greater value. Online gift certificates will be sent via e-mail to the e-mail address listed in the Member’s account within four (4) weeks from the date of the Sweepstakes drawing or Auction highest bid.
- Travel arrangements for trips offered through Sweepstakes or Auctions must be made through Sponsor’s agent or a carrier of Sponsor’s choice. Certain travel restrictions, conditions, limitations ,and blackout dates may apply. The travel itinerary is subject to change. Member and guest must travel on the same itinerary, provide travel documents suitable for travel (e.g. acceptable photo ID, passport, visa, etc.) and have no impediment to entering the destination. All other expenses relating to acceptance of the trip not explicitly stated herein, including but not limited to taxes, meals, alcoholic beverages, gratuities, travel insurance, and other incidentals are the responsibility of Member and guest. Complete terms and conditions of trip will be furnished with Sweepstakes winner or Auction highest bidder notification.. Travel is subject to availability and confirmation of reservations. Any air transportation awarded is subject to terms and conditions of the issuing airlines. The trip may not be combined with any other offer and travel may not qualify for frequent flier miles. Member’s guest must be 18 years of age or older or over the age of majority (Canadian Provinces only). If the Member is under 18, the guest must be a parent or legal guardian. Member (or their parent/legal guardian, if a minor) and guest will be required to sign and return to Sponsor, in the time noted, a release of liability, and a publicity release] (unless prohibited by law) prior to issuance of travel documents. Actual value of trip may vary based on Member’s point of departure and arrival, dates of travel, and air fares at time of booking.
- SPONSOR DOES NOT ENDORSE, OR ASSUME LIABILITY OR RESPONSIBILITY FOR (A) ANY OF THE SUPPLIERS, MANUFACTURERS, OR PROVIDERS OF SWEEPSTAKES PRIZES OR AUCTION ITEMS (collectively, “PRIZE SUPPLIERS”); (B) ANY OF SAID PRIZE SUPPLIERS’ PRODUCTS, SERVICES, ITEMS OR GIFT CARDS; OR (C) FOR ANY OF SAID PRIZE SUPPLIERS’ PRACTICES, POLICIES OR TERMS AND CONDITIONS.
- THE PROGRAM AND ALL SWEEPSTAKES PRIZES AND AUCTION ITEMS ARE PROVIDED TO MEMBERS "AS IS" AND SPONSOR DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
- Members are solely liable and responsible for their own tax and legal obligations. If applicable, Sponsor may withhold taxes. Member acknowledges that Sponsor may be required to provide or supply certain information to applicable government agencies or departments in regards to any payments or prized you have earned in connection with the Programs. Member agrees to provide Sponsor with all required information to assist Sponsor in complying with its reporting or withholding obligations.
J. Modifications and Termination of the Program
- Sponsor reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, methods by which Members can earn points, the number of points associated with a survey, the number of points that may be utilized through the Program, and any of the options made available to Members with respect to their Accounts - at any time, with or without notice, even though these changes may affect a Member's ability to use or accrue his/her points. For Sweepstakes, the above may be subject to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec.
- Sponsor reserves the right in its sole discretion to shorten, extend, modify, cancel or terminate the Program in whole or in part at any time, only subject to the approval of the Régie in Quebec for Sweepstakes (when required by law), for any reason even though termination may affect a Member's ability to accrue or use his/her points. In the event a Program is terminated, a notice will be posted on the Website and notice will be sent to all Members via e-mail at least 30 days prior to the date of termination., Members will have until the stated date of Program termination to utilize their points.
- A Member's continued participation in the Program constitutes the Member's acceptance of any changes to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions of these Terms and Conditions.
- In the event that the operation, security, or administration of any individual Auction or Sweepstakes is impaired in any way for any reason, including, but, not limited to, fraud, cheating, human error, virus, regularly-scheduled maintenance, or other technical problems, the Sponsor may, in its sole discretion, only subject to the approval of the Régie in Quebec for Sweepstakes (when required by law), either: (a) modify the Auction/Sweepstakes in a manner that best conforms to the spirit of these Terms and Conditions without suspending it; (b) suspend the Auction/Sweepstakes to address the impairment and then resume the Auction/Sweepstakes in a manner that best conforms to the spirit of these Terms and Conditions; (c) cancel the Auction/Sweepstakes and award the Auction item to the current highest bidder at the time of the cancellation or award the Sweepstakes prize by random drawing among entries received prior to the effective date of cancelation; or (d) cancel the Auction/Sweepstakes and return the points used to the Members’ Account.
K. Prize Delivery/Taxes/Warranty
- Sponsor has the sole discretion to interpret and apply the Terms and Conditions for the Program. All questions or disputes regarding eligibility for the Program, collecting or utilization of points, or a Member's compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion, which decisions will be final and binding in all respects. Sponsor reserves the right to suspend or terminate any Member who, in its sole discretion, engages in any fraudulent activity or uses the Programs in a manner inconsistent with these Terms and Conditions or any federal, state or local, laws, statutes or ordinances. Suspension or termination may result in the loss of all accumulated points, Levels and/or prizes.
- Sponsor is not responsible for any incorrect or inaccurate information supplied by Members while participating in the Program.
- Members are responsible for maintaining the confidentiality of their password. Sponsor 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 Sponsor be responsible for any loss or damage incurred by any Member as the result of unauthorized interception or decryption of information transmitted to or by VIP Voice. Members must immediately notify VIP Voice of any known or suspected unauthorized use(s) of a Member’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password.
- Each Member 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 Member or the result of Member authorizing a third party to use member's username and password.
- Merchandise pictured on the Website may not necessarily reflect exact colors or models of actual prizes due to printing variations and/or manufacturer's updates. Member may have a choice of different Merchandise items around the same value (see Section G.3).
- Except where prohibited by law, Members acceptance of any Sweepstakes prize or Auction item constitutes permission for the Sponsor to use Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
- Sweepstakes and Auctions offered in conjunction with VIP Voice are subject to the complete Official Rules for each.
L. Limitation of Liability
- SPONSOR, ADMINISTRATOR, AND THEIR RESPECTIVE PARENTS, AFFILIATED AND SUBSIDIARY COMPANIES AND ADVERTISING AND PROMOTION AGENCIES (“RELEASES”), ASSUME NO LIABILITY AND ARE NOT RESPONSIBLE FOR, AND YOU HEREBY FOREVER WAIVE ANY RIGHTS TO ANY CLAIM IN CONNECTION WITH, INJURY OR DAMAGE TO MEMBERS OR TO ANY OTHER PERSON'S COMPUTER OR PROPERTY RELATED TO OR RESULTING FROM PARTICIPATING IN THIS PROGRAM; UNAVAILABLE NETWORK CONNECTIONS; FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS; ONLINE FAILURES; HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES; ANY COMMUNICATIONS FAILURES OR CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CORRESPONDENCE, MAIL OR E-MAIL, WHICH IS LOST, DELAYED, OR MISDIRECTED; OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING THE PROGRAMS IN ANY MANNER; FOR INCORRECT OR INACCURATE TRANSCRIPTION OF INFORMATION, FOR PROBLEMS RELATED TO ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH THE PROGRAM OR UTILIZED BY THE MEMBER, FOR ANY HUMAN ERROR, FOR ANY INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE NETWORK OR ELECTRONIC TRANSMISSION, FOR PROBLEMS RELATING TO COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS THE WEBSITE OR ONLINE SERVICE, OR FOR ANY OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES A MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. WHERE PERMITTED BY LAW. BY PARTICIPATING IN THE PROGRAM, A MEMBER INDEMNIFIES AND HOLDS THE RELEASEES HARMLESS FROM, AND WAIVES ANY AND ALL RIGHTS TO BRING, ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
- As a condition of participating in the Programs, Member agrees that (a) any and all legal disputes, claims, and causes of action arising out of or connected with the Programs, or any prizes obtained through the Programs, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in the State of New York, County of Nassau; (b) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Programs, but in no event attorneys' fees; and (c) under no circumstances will Member be permitted to seek recovery for, and member hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
FOR sweepstakes entered into BY Quebec residents only, which are registered with the Regie: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
- All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Member and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.
- In connection with the enforcement of any of the Terms and Conditions governing the Program, Sponsor reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys' fees and court costs. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
- If you have any questions about the Program, please visit the Contact Us page on www.vipvoice.com.