Rules, Terms, and Conditions effective as of December 18, 2015.
The following terms and conditions (these "Terms and Conditions") contain important information regarding the Points Program (the "Program") for the YouGov Panel ("YouGov"). These terms are in addition to any and all listed on the YouGov website at http://today.YouGov.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 YouGov. They govern your use of and participation in the Program.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THIS SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
YouGov 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 (formerly referred to as "PollingPoints") are the currency used when a Panelist (as defined below) completes certain Points earning activities as described herein. You acknowledge that YouGov is under no obligation to provide a particular number of opportunities for you to earn Points. You acknowledge that you are solely responsible for the equipment and Internet access required to connect to the Site and the Program.
In order to participate, you must register as a panelist of the YouGov Panel, by providing YouGov 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 (including the District of Columbia) and Canada (other than residents of Province of Quebec), who are at least 14 years old as of date of entry and who are Panelists. Employees of YouGov, its parents, subsidiaries and affiliates and suppliers connected in any way to the Program or the operations of YouGov'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. YouGov can cancel any points 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 Points accumulated will be forfeited.
You understand and agree that your membership in the Program is subject to and conditioned upon the following:
Panelists may terminate their membership at any time by sending an email with the subject line "remove me" to help.us@YouGov.com.
YouGov 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 Points 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. YouGov 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 YouGov makes relating to termination or suspension of any Panelist's account (including the cancellation of Points) shall be final and binding.
YouGov 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 Points accrual or redemption. When a Panelist's account has been terminated, all Points earned shall be forfeited.
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 YouGov's sole discretion.
YouGov 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. YouGov reserves the right to adjudicate all Points discrepancies in its sole discretion, and the Panelists agree to abide with any such adjudication. YouGov reserves the right to change point 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. In this event, Panelists will be notified via the e-mail address associated with their YouGov account.
Points 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. YouGov takes reasonable care to ensure Points are accurately deposited in Panelists' accounts, however, Panelists are responsible for ensuring that their Points are properly deposited, and YouGov 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.
Panelists may redeem Points for cash, gift certificates, or select merchandise as described on the Site (collectively, "Prizes").
Panelists can view their total number of Points online by visiting the My Polls page of the site. The My Polls page is restricted to Panelists, and Panelists must enter their email address and password in order to view the Members page.
YouGov may change or remove any of the Points earning activities currently recognized, at any time, with or without notice to Panelists. The Points that Panelists earn are not considered to be property and, as such, one cannot sell, transfer, or assign their Points to any other person, under any circumstances. Selling, transferring, or otherwise assigning points to any other person is considered a violation of this agreement and those points are subject to forfeiture.
All Points must be redeemed online.
To redeem Points, Panelists must visit their Panel Members page and click on 'Rewards,' where they will see the list of prizes they are eligible for. The Panel Members 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 Points in the Panelist's account. Selecting a reward of lesser value is permitted, and any unused Points will remain in the Panelist's account for future use.
YouGov 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 Points for a Reward or to participate in an activity or promotion if you have insufficient Points for such Reward or activity.
Any items received as a result of redemption of Points may not be exchanged, returned or redeemed for cash value (if Reward is a gift certificate or merchandise).
Points are non-negotiable and may only be redeemed through YouGov in exchange for Rewards. Once a Panelist redeems Points, the appropriate number of Points will be deducted from the Panelist's account. YouGov reserves the right to modify at any time the number of Points required to redeem any item or to participate in any activity. YouGov 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 Points, privileges or access to the Site.
Other Points redemption methods may be added or substituted in the future in YouGov's sole discretion.
All Points Prizes will be delivered via U.S. mail within four weeks of redemption. YouGov 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. and Canadian shipping locations. All merchandise Rewards are subject to availability and some merchandise Rewards may have limited availability. YouGov reserves the right to substitute unavailable merchandise with merchandise of equal or greater value.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of YouGov or such other third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of YouGov or such other third party that may own the displayed Trademarks.
Site Contents and Copyright
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites. Access to and uses of this Site are solely for your purchase of YouGov products for personal use, information, education and communication with YouGov. You may download, copy or print the Content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All rights not expressly granted to you by these Terms are reserved.
Panelists are responsible for maintaining the confidentiality of their password. YouGov 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 YouGov 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 YouGov. Panelists must immediately notify YouGov 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 YouGov, including without limitation attempting to accumulate Points or redeem Points 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 Points; (c) manipulate or interfere with the Program or any affiliated program in any way to wrongly accumulate or redeem Points; (d) present false or misleading information to YouGov; (e) use or redeem Points 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 Points cancelled in YouGov's sole discretion, and the Panelist may be referred to appropriate law enforcement agencies if such action is deemed warranted by YouGov.
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 YouGov's knowledge. YouGov is not responsible for errors and/or omissions with respect to such information
Each Panelist acknowledges and agrees that YouGov 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 Points, or such Panelist's participation in third-party promotions and/or other activities.
Determination of any tax liability related to accumulation and redemption of Points is solely the responsibility of the Panelist.
YouGov 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 Rewards Points to Panelist's accounts. YouGov 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 YouGov, 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 Points, their cash value, or merchandise redeemed with Points, including but not limited to receipt, ownership, use, misuse or malfunction of the prize.
YOU AGREE TO INDEMNIFY AND HOLD YOUGOV, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THESE TERMS. YOU AGREE TO CO-OPERATE FULLY WITH US IN THE DEFENSE OF ANY CLAIM THAT IS THE SUBJECT OF YOUR OBLIGATIONS UNDER THESE TERMS.
Cookie and tracking technology notice and disclaimers
The site and content provided on this service are provided "as is" and "with all faults". YouGov makes no warranty or representation, either express or implied, as to its use, content accuracy, appropriateness, availability, security, usefulness, timeliness or informational content of the service or content, or performance of this service, that the service will meet your requirements, title, non-infringement or misappropriation of intellectual property rights of third parties, custom, trade, quiet enjoyment, or for services or goods received through or advertised on the service or accessed through the service. As a user, you assume all risks and responsibilities for your use or non-use of the service, and YouGov makes no representation that the content appearing on or downloaded from this service is compatible with your access device or free from error or viruses. No service employee, agent or representative is authorized to modify or amend this warranty. To the extent allowable by existing law, YouGov disclaims all other warranties, either expressed or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, with respect to this service and its content.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
Limitation on liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SERVICE: (1) THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SERVICE; AND (3) THAT YOUGOV WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOUGOV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICE, THESE TERMS OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. FAILURE TO BRING THE CLAIM OR CAUSE OF ACTION WITHIN THE ONE (1) YEAR PERIOD SHALL RESULT IN THE CLAIM OR CAUSE OF ACTION BEING PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOUGOV, ITS PARENT’S, SUBSIDIARIES’, AFFILIATES’, AGENTS’, BUSINESS PARTNERS’ LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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 California. The arbitrator or arbitrators shall apply the substantive law of the State of California 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.