Hear ye, hear ye: Please read our User Agreement, Rules, Terms & Conditions and Disclaimers
The Points and Prizes Service (the "Service"), owned and operated by
Coincide Media, LLC ("Service Provider", "we", "us" or "our") is
provided to you ("you," "your" or "User") under the following terms and
conditions, including any amendments thereto and any additional terms
and conditions, rules or policies that may be applicable to particular
offerings made in connection with the Service (collectively, the "Terms
and Conditions"). Your failure to follow the Service's rules, whether
listed below or in supplemental notices posted at various points in the
Service, may result in termination of your access to the Service and
all Poiunts you have accrued in the Service, without notice, in
addition to Service Provider's other remedies. Access to and use of the
Service are subject to the terms and conditions of this User Agreement
and Copyright Notice and all applicable laws and regulations, including
laws and regulations governing copyright and trademark. The following
rules may be modified by Service Provider from time to
time. Any such changes shall be reflected in an updated version of the
Terms and Conditions posted on this site. BY ACCESSING THE SERVICE, YOU
ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND
CONDITIONS IN THIS USER AGREEMENT.
Description of the Service
The Service is a program where registered users may accrue Points by
engaging in certain activities, and may, in turn redeem Points for
certain reward offers ("Prizes") provided by advertisers and other
sponsors ("Sponsor"). Points accrued in the Service are
non-transferable to other users or accounts and have no cash or
monetary value.
Eligibility
Users must be legal residents of the United States or Canada, aged 18 years or
older at
the time of entry to be eligible. Void where prohibited by law.
Employees of Coincide Media, LLC and any Sponsor's companies and their
respective parent companies, subsidiaries, affiliates, divisions,
advertising and promotion, fulfillment and/or judging agencies, and
related entities, and their immediate families are not eligible.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have
the right to modify or discontinue, temporarily or permanently, the
Service, including the points levels, in whole or in part, for any
reason, at our sole discretion. We may, among other options, withdraw,
limit, modify or cancel any Prize; increase the points required for any
Prize; or modify or condition the transferability of Prizes or
benefits. You agree that we will not be liable to you or any
third-party for any modification or discontinuance of the Service, in
whole or in part.
Membership registration
In consideration of your use of the Service, you agree to provide true,
accurate, current and complete information about yourself as prompted
by the registration form and to maintain and promptly update your
personal data to keep it true, accurate, current and complete. If you
provide any information that is not true, inaccurate, not current or
incomplete; or if we or any of our service providers have reasonable
grounds to suspect that such information is not true, inaccurate, not
current or incomplete; we have the right to suspend or terminate your
account and to refuse any and all current or future use of the Service
(or any portion thereof) by you. Only one member account per person and
a maximum of two member accounts per household. To receive Prizes, your
shipping address must be correct and current. Points for Prizes
returned for incorrect addresses will not be credited back to your
account.
Account security
You will receive a password and account designation upon completing the
registration process. You agree to maintain the confidentiality of your
password and account, and that you are fully responsible for all
activities that occur under your password or account. You agree to
immediately notify us of any unauthorized use of your password or
account or any other breach of security, and to logout at the end of
each session. We will not be liable for any loss or damage arising from
your failure to comply with these conditions. If for any reason your
account is terminated by either you or by us, all of your points
accrued will be forfeited.
Points
To earn and accumulate Points, you must undertake an activity described
in a Service-authorized promotion for earning points, which may
include, but is not limited to: Completing certain surveys; subscribing
to and reading certain email newsletters; visiting designated Internet
Websites; registering for a designated product or service; or engaging
in other online activities for which points will be awarded in
connection with the Service. We expressly reserve the right to
establish additional means of accruing Points; to remove any or all of
the means currently in effect; to exclude certain types of transactions
from the accumulation of points; to specify periods after which unused
points will be forfeited or reduced in percentage. Points can be
accrued only for activity taken and completed by you and can be applied
only to your account.
You may be required to show proof of newsletter membership (email address that is the same as on your account) if redeeming Points from an email newsletter code.
As a member of Points and Prizes you will automatically be signed up to receive our Points and Prizes newsletter, at any time after sign up you may opt out of the newsletter by clicking on the unsubscribe link at the bottom of each newsletter. You may earn points from only one computer or
network access point at any given time; simultaneous activity on
multiple computers for one account will not be credited. Points posted
to your account for transactions that are subsequently voided will
reduce the points accrued in your account by the number of points
earned for the corresponding voided transaction. We will use reasonable
efforts to allocate earned points to your account; however, you are
responsible for ensuring that points are properly credited. If you
believe that points have been earned but not credited, we reserve the
right to require proof of accrual; including, but not limited to,
copies or receipts or similar documentation verifying any transactions
claimed to have been performed. We must receive any claims of points by
you and proof of accrual within two months after the date such points
are claimed to be earned. Points will be maintained in your account
until they are redeemed for a Prize or are forfeited, whichever occurs
first. All decisions regarding point balances, Prizes, forfeitures, and
the identity of any individual accessing an account, are within our
sole discretion. Prizes
You may redeem Points accrued in your account for Prizes, provided
that your account is in good standing at the time of the Points
redemption request. Points may be used to purchase Sweepstakes entries,
each of which is subject to our Sweepstakes Rules and Conditions. Upon
receiving a prize in a sweepstakes, a member account will be prohibited
from entering a sweepstakes for a one-day period. All sweepstakes
entries will remain active and eligible for winning prize until the
sweepstakes entered closes. For these purposes, items will be deemed to
be received on the date that you receive notice of an item being
awarded in a sweepstakes. Prizes are subject to availability and other
terms and conditions. There is no substitution for any
prize or portion thereof, except due to unavailability, in which case a
prize of equal or greater value will be awarded at the discretion of
Service Provider. Points earned in two or more
different accounts may not be combined to redeem or bid for any Prize.
Some Prizes have limited availability, and in some cases, Prizes you
select are sent to you directly by the Sponsor, who is solely
responsible for the quality and performance of the goods supplied.
Prizes will only be shipped to locations within the continental United
States and Canada. Any rules of the merchants relating to returns and
exchanges apply, but no points will be credited to your account. We
reserve the right to modify or cancel any Prize offering at any time.
Redeemed Prizes are not refundable, exchangeable, replaceable,
redeemable, or transferable for cash, credit, other Prizes, or points
under any circumstances. Winners
may be required to execute and return an affidavit of eligibility. The
Prize winners will be fully responsible for any and all federal, state
and local taxes.
Privacy and use of information
The information that you provide in connection with the Sweepstakes may
be used for Service Provider's internal purposes and to send you
information about Service Provider's and Sponsor's products, but will
not be provided to third parties, except as necessary for the
administration of the Service (i.e. to the Sponsors to send Prizes) or
as required by law or legal process. Any entrant who does not wish
Service Provider and/or Sponsor to send information to the entrant
about its products should not participate in the Service. Entry
constitutes permission to post winners' names on Website and to use
winner's name, hometown and/or likeness for purposes of advertising and
promotion without further compensation unless prohibited by law. By
participating in the Service, you agree that we may collect and use
personal information about you that you provide to us in accordance
with our
Privacy Statement. By using the Service, you agree to be bound by the terms of
our Privacy Statement.
The Service contains information, facts and
opinions from various sources. The service are provided on an "as is"
basis without warranties of any kind, either express or implied,
including but not limited to warranties of title or implied Warranties
of merchantability or fitness for a particular purpose, other than
those warranties which are imposed by and incapable of exclusion,
restriction or modification under the laws applicable to this
agreement. Neither Coincide Media nor its affiliates endorse or are
responsible for the accuracy or reliability of any opinion, advice or
statement on the Service.
Fraud
Fraud or abuse relating to the accrual of Points or redemption of
Point Words for Prizes may result in forfeiture of accrued points as well as the
termination of your account. You are solely responsible for any fraudulent use of your Points that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS POINT WORDS AND/OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR PRIZES. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM POINT WORDS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR PRIZES THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY PRIZES. You are solely responsible for any fraudulent use of your Points that could occur due to the theft of or
sharing of your password. The Service is provided to individual users
who are natural persons for their own personal use. It will be
considered fraudulent and a violation of these
terms and conditions for any individual or company to direct,
encourage, or
allow individuals to use a single account for the purpose of
accumulating points for company use.
Limitation of liability, indemnity
and release
Your use of the Service is at your own risk. NEITHER COINCIDE MEDIA,
LLC NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS,
REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR
ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR
ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND
THE INFORMATION AVAILABLE ON THE SERVICE OR ARISING OUT OF ANY ACTION
TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE
SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST COINCIDE MEDIA,
LLC AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS,
REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE
AND THE INFORMATION AVAILABLE THEREON. You accept all responsibility
for, and hereby indemnify and hold us harmless from and against, any
actions taken by any user authorized to use your account, including,
but not limited to, accrual of points, redemption of points, and
disclosure of passwords to third parties. By using the Service, you
release us, our subsidiaries, and affiliates from any and all liability
regarding the redemption of points, use of Prizes, or other
participation in the Service.
Internet
If for any reason this Service is not capable of running as planned due
to an infection by a computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, or any other causes beyond the
control of the Service Providers which corrupt or affect the
administration, security, fairness, integrity, or proper conduct of
this Service , the Service Providers reserve the right at its sole
discretion, to disqualify any individual who tampers with the entry
process, and to cancel, terminate, modify or suspend the Service , at
which time, Service Providers will conduct a random drawing from among
all eligible entries received at the time of the Service termination.
The Service Providers assume no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized
access to, or alteration of, entries. The Service Provider is not
responsible for any problems or technical malfunctions of any telephone
network or telephone lines, computer on-line systems, servers, or
providers, computer equipment, software, failure of any email or entry
to be received by the Service Provider due to technical problems, human
error or traffic congestion on the Internet or at any Web site, or any
combination thereof, including any injury or damage to participant's or
any other person's computer relating to or resulting from participating
in this Service or downloading any materials in this Service. SPONSORS
ARE NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT'S HARDWARE, SOFTWARE
OR BROWSER TECHNOLOGY WITH SPONSOR'S HARDWARE, SOFTWARE OR BROWSER
TECHNOLOGY. NOTE: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR
RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH
PERSON/S RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY
LAW. In the event of a dispute as to the identity or eligibility of a
winner based on an email address, the winning entry will be declared
made by the "Authorized Account Holder" of the email address submitted
at time of entry. "Authorized Account Holder" is defined as the person
18 years of age or older who is assigned to an email address by an
Internet access provider, on-line service provider, or other
organization (e.g. business, education institution, etc.) that is
responsible for assigning email addresses for the domain associated
with the submitted email address. Use of automated devices are not
valid for entry.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior
notice, we may remove points from your account as a penalty, terminate
your access to the website, and/or deactivate or delete your membership
account if we determine that you have violated our Terms and Conditions.
Indemnity
You agree to indemnify and hold us, our parent company(s),
subsidiaries, affiliates, officers, agents, representatives, Sponsors
and other partners and employees, harmless from any loss, liability,
claim or demand, including reasonable attorney's fees, made by any
third party due to or arising out of your use of the website,
including, without limitation, any information or content or keywords
you post to the site or any interference with the operation of the site.
Intellectual Property
The materials used and displayed on the Service, including, but not
limited to, text, software, photographs, graphics, illustrations and
artwork, music, video and sound, and names, logos and trademarks, are
the property of Coincide Media, LLC or its affiliates or licensors and
are protected by copyright, trademark and other laws. Any such content
may be displayed solely for your personal, non-commercial use. You
agree not to modify, reproduce, retransmit, distribute, disseminate,
sell, publish, broadcast or circulate any such material without the
written permission of Coincide Media, LLC or the appropriate
affiliate.
Disputes
These Terms and Conditions shall be governed by and construed in
accordance with the laws of the State of Arizona. All applicable
federal, state, and local laws and regulations apply. The invalidity or
unenforceability of any provisions of these Terms and Conditions shall
not affect the validity or enforceability of any other provision. In
the event that any provision of these Terms and Conditions is found to
be invalid or unenforceable, these Terms and Conditions shall be
construed in accordance with their terms as if the invalid or
unenforceable provision was not contained therein. Service Providers
and their affiliates, representatives, agents, directors, officers,
shareholders and employees are not responsible for and shall not be
liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate,
incomplete, or unintelligible entries; (ii) telephone, electronic,
hardware or software program, network, Internet, computer or other
malfunctions, failures, or difficulties of any kind, whether human or
technical; (iii) failed, incomplete, garbled, or delayed computer
transmissions; (iv) any condition caused by events beyond their
control; (v) any injuries, losses, or damages of any kind arising in
connection with or as a result of the prize, or acceptance, delivery or
failure to timely deliver, possession, or use of the prize, or from
participation in the Service; or (vi) any printing or typographical
errors in any materials associated with the Service. Further, in any
such dispute, under no circumstances will participant be permitted to
obtain awards for, and hereby waives all rights to claim punitive,
incidental or consequential damages, including attorneys' fees, other
than participant's actual out-of-pocket expenses (i.e. costs associated
with particpating in the Service), and participant further waives all
rights to have damages multiplied or increased. Under no circumstances
shall we be liable to you or any
third party for any indirect, incidental, consequential, special or
exemplary
damages, even if advised of the possibility of such damages,
arising from the use of or inability to use the service or any other
provision
of these terms and conditions.
Agreement
By participating in the Service, participants agree to release,
discharge and hold harmless Service Providers and their affiliates,
representatives, agents, directors, officers, shareholders and
employees from any and all liability from any injures, losses, or
damages of any kind arising from or in connection with the Service. If,
in Service Providers' sole opinions, there is any suspected or actual
evidence of electronic or non-electronic tampering with any portion of
the Service, or if technical difficulties compromise the integrity of
the Service, Service Providers reserve the right to terminate the
Service, disqualify any individual who has tampered with Service and
conduct a random drawing to award the prize using all eligible entries
received as of termination date. Any attempt to deliberately hamper the
operation of this Service is unlawful and subject to legal action by
Service Providers and/or their agents.
By using this Service, entrants and Prize Winners: (1)
agree to be bound by these rules; (2) agree to release Service
Providers, and their respective parent companies, and their employees,
subsidiaries, affiliates, divisions, advertising and promotion,
fulfillment and/or judging agencies, and related entities from any and
all liability for any loss, harm, damages, costs or expenses, including
without limitation property damages, personal injury and/or death
arising out of participating in this Service,
or the acceptance, possession, use or misuse of any prize, and claims
based on publicity rights, defamation or invasion of privacy and
merchandise delivery; and (3) consent to the use of their names,
voices, pictures, and likenesses for advertising and promotional
purposes in any medium throughout the world in perpetuity without
additional compensation unless prohibited by law. Service Provider may
discontinue the Service at any time. Service Providers may terminate any Service
or decide to modify it in any manner that it deems fair and equitable to participants if it becomes aware of any
occurrence that would materially affect the Service's
security and fairness. Service Providers may prohibit individuals from
participating in Service and disqualify entries if they (1) attempt to enter the Service
through any means other than as described in these Rules, (2) attempt to disrupt the Service
or circumvent the terms and conditions of these Rules in any way or (3) repeatedly show a disregard for the Service
Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any
other entrant or Service Providers. Service Providers' decisions with
respect to the Service are
final.
Now go get some points!
