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NPD Online Research
SweepLand®
Terms and Conditions
A. Overview of NPD Online
Research SweepLand Program
1. SweepLand (the 'Program') is a loyalty program sponsored by The NPD Group ('Sponsor')
through which NPD Online Research ('NPDOR') Panelists ('Panelists') can earn points
by completing periodic, eligible surveys. NPDOR panelists who choose to join SweepLand
('Program Members') may utilize their points for entries into available sweepstakes
at
www.sweepland.com
(Program Website).
B. Eligibility
1. The Program is open to legal residents of the 50 United States (and the District of
Columbia) and Canada who are 13 years and older at the time of enrollment and are an
active NPDOR panelist. An active panelist is an individual who has taken
at least one NPDOR survey within the last 60 days. Void in Puerto Rico and
where prohibited by law. Employees of the NPD Group, BI Worldwide, 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 or production or distribution of Program
materials, as well as the immediate family (spouse, parents, siblings, and
children) and household members of each such employee are not eligible.
2. Enrollment in SweepLand
is not required for participation in NPDOR.There is no cost to join SweepLand.
3. Participation in the
Program constitutes the participant's full and unconditional agreement to these
Terms and Conditions. The terms and conditions disclosed in this document apply
to the Program. By gaining access to and using the Program website, you agree to
be bound by these Terms and Conditions. The NPD Group reserves the right to revise
or change these Terms and Conditions at any time and without notice to you by posting
updated text on this site. If the Terms and Conditions are updated, any changes
will apply to all Program Members enrolled in the Program on date of update.
C. Cancellation, Termination
and Expiration
1. The Program begins at 12:00:00 p.m. Eastern Time ('ET') on October 12, 2012.
Sponsor reserves the right to shorten, extend, modify, or cancel the Program, at its discretion,
at any time. In the event Program is terminated notice will be sent to all Program Members via e-mail
within a minimum of 30 days from date of termination.
D. Enrolling in the Program
1. SweepLand is
only open to registered Panelists of NPDOR. To become an NPDOR Panelist,
visit
www.npdor.com/JoinNow.asp
.
There is no cost to
join the NPDOR Panel.
2. Once you have joined
the NPD Online Research Panel and completed your first program eligible survey,
which will be indicated by a note to that effect on the survey opening page, you
will be eligible to join SweepLand. SweepLand is open to NPDOR panelists ages 13 and older that legally reside in the 50 United States (and District of Columbia) or Canada. Once a panelist registers by providing the required consumer information and opt-in,
they will be enrolled in the program and become a Program Member. The number of
points earned by such member after the completion of periodic, eligible surveys
will be recorded and tracked in the member's account within SweepLand.
3. There is no cost to register, activate, or maintain a SweepLand account.
In lieu of entering a Sweepstakes Prize Drawing online using SweepLand Points, active SweepLand Members who meet the eligibility criteria
for a particular Sweepstakes Prize Drawing may enter the Sweepstakes Prize Drawing by hand-printing their name, address, telephone number,
membership identification (email address), and the name of the Sweepstakes Prize Drawing the Member wishes to enter
(or indicated “Daily Prize Drawing”) on a (3 ½” x 5')card and mailing the entry in a postmarked envelope to SweepLand Sweepstakes,
900 West Shore Road, Port Washington, NY 11050 USA ('Mail-in Entry'). Mail-in entries must include a United States or Canadian stamp
(as appropriate) on an outer envelope for the appropriate required postage. Mail-in Entries for a specific Sweepstakes Prize Drawing
(other than a “Daily Prize Drawing”) must be postmarked on or before the last day to enter the Sweepstakes Prize Drawing, and must be
received by Administrator on or within seven (7) days following the last day to enter the Sweepstakes Prize Drawing. Mail-in Entries
for Daily Sweepstakes Drawings will be included in the first available Daily Sweepstakes Drawing following receipt of the Mail-in Entry.
Limit one (1) entry per outer postmarked envelope. Each Mail-In Entry will be worth 50 entries into the Sweepstakes Prize Drawing.
Only one Sweepstakes Prize Drawing may be specified for each Mail-In Entry. Administrator will not divide these entries into
multiple Sweepstakes Prize Drawings. All Mail-in Entries become the exclusive property of Sponsor and will not be acknowledged nor returned.
No mechanical reproductions will be accepted, and all such entries will be void. Any attempt at e-mail or any other method of entry is void.
Proof of entry submission will not be deemed to be proof of receipt of entry by Administrator. Neither Sponsor nor Administrator
are responsible for misdirected, inaccurate, incomplete, lost, late, delayed, undelivered, postage-due, damaged or illegible entries,
and all such entries will be void.
4. Points will not be
earned in your program account for surveys taken prior to your SweepLand registration
date unless approved by the Sponsor and at the Sponsor's sole discretion.
E. SweepLand Registration
Requirements
1. Before being able
to participate in the program, NPDOR panelists must register for SweepLand by providing
accurate, complete and current registration information as required on the SweepLand
registration form. A NPDOR panelist may not (1) activate or use more than one account;
(2) use a name subject to rights of another person without authorization of that
person; (3) use a false or misleading name, address, or e-mail address to activate
or use an account; or (4) present or supply false or misleading information to any
entity involved in the program.
2. Each eligible NPDOR
panelist is limited to one (1) SweepLand account.
3. If a panelist chooses
not to register for a SweepLand account, they will be given additional opportunities
to do so at the completion of future eligible surveys. However, Panelists will only
begin to accrue points for surveys completed after finishing the registration process.
4. SweepLand 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. An account cannot be used or accessed by
multiple persons. Any duplicate accounts are subject to cancellation, and all points
accumulated will be forfeited.
5. At the time of SweepLand
registration, your e-mail address and password for SweepLand will be identical to
what is current with your NPDOR account and will remain synchronized as long as
you are a SweepLand Member. Any changes you make to your e-mail address or password
via sweepland.com, npdor.com, or its customer service department will be executed
on both your NPDOR and SweepLand accounts.
F. Earning Points
1. Registered SweepLand members earn points by completing eligible periodic surveys
from NPDOR which will be recorded on the SweepLand website. Points can only be earned
on eligible surveys that are open and active at the time the panelist accesses the
link included in the survey e-mail invitation. NPDOR reserves the right to close
a survey at its sole discretion. Options to earn additional points via non-survey
related activities may be provided at the sole discretion of the Sponsor
2. To earn points, members
must complete eligible surveys by responding to e-mail invitations from NPDOR in
a timely manner. Points will be deposited into a member's account in as little as
a few seconds to as much as 30 days after survey completion. Points earned for non-survey
related promotions will be reflected in the member's account within 45 days of completing
required promotional action. However, members are responsible for ensuring that
their points are properly credited and are encouraged to check their account at
www.sweepland.com
regularly.In the event of a dispute over the identity of a registrant,
member or entrant into a sweepstakes 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 Booster: Points for completing eligible surveys will be earned and accumulated according to the table below. SweepLand Members will maintain the highest level achieved as long as they remain active. A member will be considered no longer active if twelve (12) months pass where the member completes no surveys. NPD retains the right to change this parameter at any time. Some sweepstakes include additional entry criteria (e.g. must be 18 years of age or older), and are noted with such requirements in the specific sweepstakes rules.
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Survey
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Points Earned
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First Survey
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25 Points
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Second Survey
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25 Points
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Third Survey
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50 Points
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Fourth Survey
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50 Points
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Fifth and Subsequent Surveys
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100 Points
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3. Sponsor reserves the
right to assign any point value for any survey, at its sole discretion. Panelists
will be advised at the beginning of each survey how many points will be awarded
for completing that particular survey. Points awarded in conjunction with a survey
will only be awarded when a panelist completes a survey and is presented with the
survey closing/confirmation page.
4. The NPD Group, BI
Worldwide and their respective parents, affiliated and subsidiary companies, advertising
and promotion agencies, legal and financial advisors and any and all other companies
associated with this Program ('Program Entities') are 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 program in any manner.
5. Members acknowledge
that NPDOR is under no obligation to provide a particular number of survey opportunities
to earn points.
6. Members may not combine
or transfer points with other SweepLand Members' Accounts. Any attempt to combine
points will result in disqualification from the Program and forfeiture of all points
in any member's Account. The NPD Group reserves the right to take any other or additional
action it deems appropriate in its sole discretion in the event that The NPD Group
believes (in its sole discretion) a Member may have violated this provision.
7. Sponsor reserves the right to change, add, or remove the methods by which Members
can earn points.
8. Each member is responsible
for ensuring the accuracy of his/her Account and is encouraged to check his/her
Account regularly. Account data will be provided within the website for a 60 day
period. If a member believes that points were not properly accrued to his/her account,
the member must notify The NPD Group by using the Contact Us Form on the website
within 30 days of survey completion. Allow 14 days for any account errors to be
corrected and credits to be deposited to your account. The NPD Group reserves the
right to adjudicate all SweepLand point discrepancies in its sole discretion, and
the member agrees to abide with any such adjudication. The NPD Group and Program
Entities shall have no liability for correspondence, mail or e-mail, which is lost,
delayed, or misdirected.
G. Using Points
1. Members may utilize
their points for entries in various Program Sweepstakes. Points can be used as soon
as they are reflected in the account balance and/or may be accrued over time for
later use.
2. Points can only be
used as entries into various sweepstakes offered on SweepLand.com. One point equates
to one entry, unless noted otherwise. Points have no cash value. Rules will be provided
within the website for each respective Sweepstakes.
3. Your account balance
is comprised of 'Points Available' and 'Points in Play'. 'Points Available' are
the number of points available to enter into any Sweepstakes. 'Points in Play' are
points currently entered into open Sweepstakes. SweepLand members can add or subtract
points until each Sweepstakes has closed. Recalled points will be added back to
your available point balance. 'Points Available' plus 'Points in Play' equal your
total point balance.
4. Once a Sweepstakes
has closed, the points assigned to that particular sweepstakes cannot be converted
back to the Member's account.
5. There is no minimum
number of points needed to participate in a Program Sweepstakes (providing that
your account balance is greater than 0). You can use as many of your points as you
want to enter any single Program Sweepstakes or other promotion of the Program.
6. Earned points do not
expire provided account is active. Program may be terminated at any time. See Section
H for details.
7. To use your points,
members must view the active sweepstakes listed on the Program website. Each sweepstakes
will provide a mechanism which allows the member to enter available points as entries
into Sweepstakes.
8. Sweepstakes close
at 11:59pm Eastern Time (ET) on the date indicated next to each sweepstakes ('Survey
Closing Date') Points not entered by such time will not be entered into that drawing.
If a survey is closed while you are attempting to enter points, you will be presented
with an error message and the points will not be subtracted from your account.
9. Points have no cash
value. Points earned are not considered to be property of a member and as such,
one cannot sell, transfer, or assign their points to any other person. Further,
points are not transferable as part of a domestic relations matter or otherwise
by operation of law. Points may be revoked at any time by The NPD Group as set forth
herein. All sweepstakes entries become the property of Sponsor.
H. Point Forfeiture for
Account Cancellation or Inactivity
1. Earned points do not
expire providing the account is active.
2. NPD may terminate
any Panelist's SweepLand account at its sole discretion if a panelist has been inactive
for a period of twelve (12) months or more. A Panelist will be deemed inactive if
they have not responded to survey invitations, have not earned SweepLand points,
and have not redeemed SweepLand points. Upon termination of an inactive account,
the SweepLand points within the panelist's point bank will be immediately forfeited.
3. Panelists may terminate
their NPDOR membership at any time by sending an e-mail with the subject line 'remove
me' to
janet_hall@npdor.com
or by logging into npdor.com and requesting to be deleted.
By canceling your NPDOR membership, the SweepLand account registered to that panelist
will be terminated and all points immediately forfeited, including any points assigned
to open Sweepstakes at time of account termination.
4. To remain a NPDOR
member, but cancel your SweepLand account, click on the 'Cancel Membership' link
within the My Account section of sweepland.com. SweepLand account cancellation will
take effect as soon as the member submits the cancellation request. NPDOR members
who cancel their SweepLand membership will not earn points after cancellation and
all SweepLand points in the cancelled account will be immediately forfeited, including
any points assigned to open Sweepstakes at time of account termination.
5. The NPD Group maintains
a strict policy on spam. We only send e-mail communication to members that have
agreed to participate on our panel through a double opt-in process. If a member
marks an NPDOR/SweepLand e-mail communication as spam through their internet service
provider (ISP) interface, it will be assumed that the member wishes to be deleted
from the Panel, at which point the SweepLand account registered to that panelist
will be terminated and all points immediately forfeited.
I. Prize Delivery/Taxes/Warranty
1. Notification/Affidavit Process. Potential winners will be notified by e-mail within 5 business days of drawing date. Unless otherwise indicated in the prize drawing description for a particular sweepstakes, prize drawings that include a choice of items, at notification, the winner will receive an email from the fulfillment team that has directions to ME!, the prize fulfillment website. For all other drawings, the prize will be directly mailed to the address the member provided when they registered for SweepLand. Canadian resident potential winners must correctly answer (unaided) a time-limited skill testing question in order to be declared a winner. Allow 6-8 weeks for prize delivery. Prize images may not reflect the actual size, style, color or models of the actual prizes due to printing variations and/or manufacturer’s updates. Some items may not be available in Canada; in such instances this will be indicated in the specific sweepstakes rules and winner will receive their choice of comparable prizes in the same price range or a cash check/cheque in US Dollars for the amount equal to the ARV. Cash checks/cheques will only be issued if a prize is not available in Canada.
Winners of prizes valued at $600 US or more (or if a minor, his or her parent or legal guardian) will be e-mailed and required to fill out an affidavit or declaration of eligibility/liability and, where legal, a publicity release, and return same, properly executed, for Sponsor's receipt within 14 days of notification. If requested information is not returned within stated time frame an alternate winner will be selected, time permitting. If any letter/e-mail notification is returned as undeliverable, the prize will be forfeited and awarded to an alternate winner. Should the potential prize winner decide to decline the prize for any reason whatsoever, The NPD Group shall have no further obligation to that potential winner, and an alternate winner will be selected. After two unsuccessful attempts to contact an alternate the Sponsor is not liable to fulfill the prize. If winner is a minor, prize will be awarded in the name of his/her parent or legal guardian. By acceptance of prize, winners (or if a minor, his/her parent or legal guardian) consent to the use of their name, likeness and place of residence for advertising and promotional purposes in any and all media, including online announcements, without additional compensation, except where prohibited by law
2. Checks/cheques and prizes will be shipped via U.S. mail (or other carrier at the discretion of NPDOR) within four to six weeks from date of prize notification. Items may arrive sooner or later due to high demand and backorders from the manufacturer. Merchandise can only be shipped to approved U.S. or Canadian shipping locations. Some merchandise prizes cannot be shipped to a PO Box, in which case the winner(s) will asked to provide a street address. NPDOR reserves the right to substitute unavailable merchandise with merchandise of equal or greater value. Online gift certificates will be sent via e-mail (from the certificate vendor, SweepLand web site or SweepLand program administrator) within four (4) weeks to the e-mail address on the SweepLand account.
3. Any federal, state
or other tax liabilities arising from a Member's participation in the Program is
the sole responsibility of each Prize Winner.
4. Program prizes are
provided to Winners 'as is' without warranty of any kind, either express or implied,
including but not limited to implied warranties of merchantability, fitness for
any particular purpose or non-infringement.
J. Modifications and
Termination of the Program
1. Sponsor reserves the
right to modify any of the Terms and Conditions set forth herein - including, but
not limited to, the duration of the Earning Period, Utilization Period, 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.
2. Sponsor reserves the
right to terminate the Program at any time, for any reason even though termination
may affect a member's ability to accrue or use his/her points. In the event of a
termination, members will have 30 days from date Program termination is announced
to utilize their points. In the event Program is terminated, notice will be sent
to all Program Members via e-mail within a minimum of 30 days from date of termination.
3. A member's continued
participation in the Program constitutes the member's acceptance of any changes
to these Terms and Conditions. Members are responsible for remaining knowledgeable
as to any changes that Sponsor may make to these Terms and Conditions. The most
current version of these Terms and Conditions will be available at
www.sweepland.com
and will supersede all previous versions of these Terms and Conditions.
K. General Terms and
Conditions.
1. To learn how the personal information collected in connection with the Program
may be used, individuals should read The NPD Group's Privacy Policy which is available
at
http://www.npdor.com/English/privacy.asp
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The terms of The NPD Group Privacy Policy are incorporated herein by reference.
2. The NPD Group reserves
the right to discontinue the participation privileges of any member who engages
in any fraudulent activity or uses the Program in a manner inconsistent with these
Terms and Conditions or any federal, state or local, laws, statutes or ordinances.
Discontinued participation privileges may result in the loss of all accumulated
points.
3. The NPD Group is not
responsible for any incorrect or inaccurate information supplied by Members while
participating in the Program.
4. 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 The NPD Group in its sole discretion, which decisions will be final and binding
in all respects.
5. Members are responsible
for maintaining the confidentiality of their password. NPDOR 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 NPDOR 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 NPDOR. Members must immediately
notify NPDOR of any known or suspected unauthorized use(s) of a members account,
or any known or suspected breach of security, including loss, theft, or unauthorized
disclosure of member's password.
6. 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.
7. Merchandise pictured
on the web site may not necessarily reflect exact colors or models of actual prizes
due to printing variations and/or manufacturer's updates.
8. Program Entities,
and their parents, affiliated and subsidiary companies and advertising and promotion
agencies, 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 entrant's
or to any other person's computer or property related to or resulting from participating
in this Program.
9. Except where prohibited
by law, Members acceptance of any Prize constitutes permission for the Program Entities
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.
10. Sweepstakes/Games
offered in conjunction with SweepLand are subject to the complete Official Rules
for each.
L. Limitation of Liability
1. The NPD Group and Program Entities are not responsible 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. In the event of a printing error neither The NPD Group, BI Worldwide, and their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials ('Releasees') shall have any liability. 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 NPD GROUP IMPROPERLY DENIES A MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS EXCEPT WHERE PROHIBITED 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.
2. As a condition of
participating in this Program, member agrees that (1) any and all legal disputes,
claims, and causes of action arising out of or connected with this Program, or any
prizes obtained through the Program, 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: (2) any and all claims, judgments
and rewards shall be limited to actual out-of-pocket costs incurred, including costs
associated with participating in this Program, but in no event attorneys' fees;
and (3) 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.
3. Except in the province of Quebec, all issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of member and The NPD Group 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. For residents of Quebec: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses t des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for purpose of helping the parties reach a settlement.
4. These Terms and Conditions
constitute the entire agreement between Program participants and Sponsor pertaining
to the subject matter hereof and supersedes all prior or other arrangements, understandings,
negotiations and discussions, whether oral or written. No waiver of any of the provisions
of these Terms and Conditions shall be deemed or shall constitute a waiver of any
other provisions hereof (whether or not similar), nor shall waiver constitute a
continuing waiver unless otherwise expressly provided.
5. 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.
6. Abuse of the Program
including 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 The NPD Group in its sole judgment may result
in cancellation of the member's account and future disqualification from program
participation and forfeiture of all points accrued. In connection with the enforcement
of any of the terms and conditions governing the Program, The NPD Group reserves
the right to take appropriate legal action, as it deems necessary, and to recover
damages, attorneys' fees and court costs.
7. If you have any questions
about the Program, contact
support@sweepland.com
or Janet Hall at
janet_hall@npdor.com
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