1. How It Works: The Survey Junkie Epic Bonus (“Promotion”) allows Eligible Members (defined below) to be entered for an opportunity to receive bonus points by doing what they already do – completing surveys. An Eligible Member who completes the applicable number of specified surveys in the applicable time period will be automatically entered into a pool of all Eligible Members who have met the Promotion’s requirements (“Entrants”). From that pool of Entrants, DISQO will randomly select one or more Entrants to receive a particular number of bonus points. There will be an email, in-product communication, or social media post specific to the promotion being run (“Promotion Communication”) which will detail each of the following:
the number of surveys to be completed,
the type of surveys to be completed,
the timeframe during which the surveys must be completed (each, a “Promo Period”), and
the distribution of and number of bonus points available in the applicable Promo Period.
2. Eligibility: Eligibility is limited to Survey Junkie members 18 years of age and older who are not Officers, directors, or employees of DISQO, Inc. (“DISQO” or “Sponsor”) or its affiliates, subsidiaries, and agencies, or members of their immediate family or persons living in the same household (“Eligible Member”). Void where prohibited by law and outside the United States. Subject to all applicable federal state, and local laws, regulations and ordinances. Participation constitutes Participant’s (as defined below) full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Being selected for bonus points is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
3. How Eligible Members Are Entered: Eligible Members who have completed the applicable number of specified surveys in the applicable time period as set forth in the Promotion Communication (each, a “Participant”) will be automatically eligible (an “Entry”). The number of Entries a Participant receives will be set forth in the Promotion Communication, and will generally be either (a) one Entry for meeting all of the specific promotion requirements, or (b) an Entry for each relevant survey completed. Use of any robotic, automatic, programmed, fraudulent, or similar means to complete the survey(s) will void all entries and result in disqualification. Eligible Members may not enter multiple times by using different email addresses, identities, or devices in an attempt to circumvent the rules.
4. Selection of Winners of Bonus Points: After each Promo Period (generally within 24 hours of the Promo Period), Sponsor will select the name of the potential winner(s) of the bonus points in a random drawing from all Entries received. Each potential winner will be notified by email or telephone shortly thereafter. If required by DISQO, and except where legally prohibited, the potential prize winner must sign and return, within three (3) days of being notified, an Affidavit of Eligibility And Publicity/Liability Release in order to gain the bonus points.
If a potential winner cannot be contacted in person via email or telephone after the first attempt to contact him/her, or (if required by DISQO) if he/she fails to sign and return the Affidavit of Eligibility And Publicity/Liability Release within the required time period, or in the event that a potential winner is disqualified for any reason, DISQO may award the applicable bonus points to an alternate Entry selected by random from among all remaining eligible Entries. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to not award the bonus points.
5. Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A PARTICIPANT IS NOT A WINNER OF ANY BONUS POINTS UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
6. Prize(s): Bonus Survey Junkie Points (“Prize”) will be awarded in the amounts set forth on the Promotion Communication. All income taxes resulting from acceptance of the Prize are the responsibility of the winner. Approximate Retail Value (“ARV”) of Prize in the applicable Promo Period and the total ARV of all prizes to be awarded will vary on the number of points distributed. Acceptance of the Prize also constitutes permission to the DISQO and its affiliates to use winner’s name and likeness for marketing purposes without further compensation or right of approval, unless prohibited by law. Sponsor reserves the right to substitute a Prize of equal or greater value. Prize will be awarded subject to the terms of these Official Rules.
7. General Conditions: Participation constitutes Participant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promo. Sponsor and its agencies are not responsible for technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right at its sole and exclusive discretion to disqualify any individual it finds to be attempting to tamper with or undermine the Entry process, or the legitimate operation of the Promotion; to violate these Official Rules; or to act in an unsportsmanlike or disruptive manner. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole and exclusive discretion, (a) cancel or terminate the Promotion (or any portion thereof); (b) modify or suspend the Promotion to address any impairment and then resume the Promo in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the Prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
8. Limitation of Liability; Publicity and Releases: By Entering and participating in the Promotion, Participants (a) waive all right to, (b) hold the Promotion Parties harmless from, and (c) agree the Promotion Parties have no liability whatsoever for, any claim, liability, loss, injury, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’ fees) arising out of or in connection with participation in this promotion, any Entry, and/or the acceptance, use, or misuse of the Prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Promotion Parties will not be responsible for: a Participant’s failure to receive Prize notices due to Participant’s spam, junk e-mail, or other security settings or for Participant’s provision of incorrect or otherwise non-functioning contact or payment information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications; by any human error which may occur in the processing of the Entries in this promotion; or any typographical, technological, or other error in the publishing of the offer, administration of the promotion, or announcement of the prizes. If, in Sponsor’s opinion, there is such an error, there is any suspected evidence of tampering with any portion of the promotion, possible fraud, technical difficulties (including viruses and bugs), or other irregularities (including transmission and communication errors) that compromise the integrity of the Promotion, Sponsor reserves the right to, in its sole discretion, cancel, suspend, or modify this Promotion in a manner it deems appropriate. Sponsor also reserves the right to in its discretion within the bounds of law remedy the situation or, if no remedy can be achieved, discontinue the Promotion. As used herein, “Promotion Parties” means Sponsor and its respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel and their respective officers, directors, employees, representatives and agents.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE PROMOTION PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
9. Disputes: Any dispute relating in any way to your participation in surveys, participation in the promotion, or otherwise related to these Rules (“Dispute(s)”), shall be resolved exclusively through confidential arbitration, rather than in court. The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity and scope of this arbitration agreement shall be submitted to confidential arbitration and decided by an arbitrator.
If a Dispute arises, you agree to first contact us at legal@disqo.com. Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity and scope of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Nothing herein shall limit the arbitrator’s ability to grant public injunctive relief.
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 may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you participate in a survey to opt out of this arbitration agreement, by contacting us by email at legal@disqo.com. If you do not opt out by the earliest of the date that you participate in a survey, then you are not eligible to opt out of this arbitration agreement.
10. Privacy: Information related to an Entry is subject to the Privacy Policy stated on surveyjunkie.com. To read the Privacy Policy, visit: surveyjunkie.com/privacy. Participants also agree to receiving promotional materials or other marketing notices sent to Participant’s contact information submitted in the Entry, provided that Participant may opt out of receiving such materials at any time in accordance with Sponsor’s privacy policy.
11.Winners List: For the name of the winner send a self-addressed, stamped envelope, with the date of the promotion you are requesting, for receipt by December 31, 2023 to: DISQO, Inc., 400 N Brand Blvd., #600, Glendale, CA 91203, Attention; Survey Junkie Promotion. Vermont residents may exclude return postage on requests for Official Rules.
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