Membership Agreement

Terms and Conditions Last Updated 09/01/09

  • Introduction
  • Acceptance of Agreement
  • Definitions
  • Registration
  • Note to Parents and Children
  • Privacy Policy
  • Code of Conduct
  • Fraud and Termination of Membership
  • Promotions
  • Disputes and Errors
  • Content Submissions
  • Trademarks, Copyrights and Proprietary Rights
  • Infringement and Regulatory Complaints
  • Disclaimer of Warranty; Limitation of Liability
  • Miscellaneous
Introduction

Before you join RewardTV, please carefully review the following legal terms and conditions that will apply to your RewardTV membership. This page contains important information that may be updated from time to time.

If you have any complaints about RewardTV, we want to hear from you so we can improve our service. Please email us and we’ll consider your comments carefully.

Acceptance of Agreement

NetRatings UK Limited ("Nielsen "), a company registered in England and Wales (registration number 05564009) with its registered office at Endeavour House, Shaftsbury Avenue, London WC2H 8JG [and with VAT Number is pleased to provide its site (www.rewardtv.com), various related services, and promotions available therein (collectively referred to as the "Site") to you, subject to your acceptance of this member agreement (the "Agreement"), the Privacy Policy accessible here and the Rewards Programme Rules accessible here. By accessing and using the Site, or by becoming a registered member of the Site, you are entering into a legal agreement with Nielsen to abide by this Agreement, the Privacy Policy and the Rewards Programme Rules. If you do not wish to be bound by this Agreement, the Privacy Policy and the Rewards Programme Rules, please do not register as a Member and exit the Site now.

RewardTV may, in its sole discretion and upon notice to you by prominently displaying the amended version on the Site, modify, restrict, change, or otherwise alter the Agreement, the Privacy Policy, or the Rewards Programme Rules, in whole or in part, impose limits on certain features, promotions or services or restrict your access to part or all of the Site. In the event of substantive changes to this Agreement members may be notified by email within 14 days of the changes. We will not be liable if for any reason our site is unavailable at any time or for any period. By continuing to access and use the Site you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations.

Definitions

When used in this Agreement, certain words have particular meanings:

  • "Affiliates" are all parties involved in creating, producing, and/or delivering the Site that have a relationship with Nielsen separate from this Agreement, including its parent companies, subsidiaries, affiliated companies, information providers, partners, promoters, contractors, advertisers, and suppliers of products and services to Nielsen . Nothing in this Agreement creates any obligations of any Affiliate to you, or gives you any rights against any Affiliate.
  • "Content" refers to any products, services, text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by Nielsen and/or its Affiliates or by Third Parties and otherwise available on the Site.
  • A "Promotion" refers to any RewardTV TV Trivia Game, Survey, Prize Draw, Redemption, or other Programme offered or available on the Site.
  • A "Submission" is any communication that a user transmits to the Site (regardless of ultimate destination) by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like.
  • A "Third Party" is any entity other than Nielsen or its Affiliates, or a person other than Nielsenís or its Affiliatesí directors, officers, employees or agents.
Registration

You must be at least 16 years of age and a legal resident of the United Kingdom to become a registered member ("Member") of RewardTV. Employees, officers and directors of Nielsen, its respective parents, affiliates, subsidiaries, advertising, promotional, fulfilment and marketing agencies, their immediate families (parent, child, sibling and spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in any Promotion on the Site.

To become a Member and open your RewardTV account ("Account"), you must completely fill out all of the information required on the online registration form located at http://uk.rewardtv.com/join/default.sdo and click on the "Join" button to register. THESE DATA MUST BE ACCURATE AS THEY WILL DETERMINE THE VALIDITY OF PROMOTION ENTRIES, WILL BE USED FOR SECURITY PURPOSES AND FOR THE FULFILLMENT OF ANY REWARD THAT MAY BE REDEEMED OR PRIZE WON. YOU ARE RESPONSIBLE FOR MAINTAINING AND PROMPTLY UPDATING YOUR ACCOUNT INFORMATION. IF INACCURATE INFORMATION IS SUPPLIED, IT MAY RESULT IN YOUR DISQUALIFICATION FROM MEMBERSHIP AND/OR ANY PROMOTION AND PREVENT THE FULFILLMENT OF ANY REWARD YOU MAY REDEEM OR PRIZE YOU MAY WIN.

By registering with RewardTV, you represent and warrant that you will: (a) provide true, accurate, current and complete information about yourself as prompted by the RewardTV registration form; and (b) maintain and promptly update such information to keep it accurate.

Limit of One (1) Account per Member. Multiple Accounts registered for the same person under different email addresses will be subject to cancellation, and Points held therein will be forfeited.

Limit of Three (3) Accounts per Household. If more than three (3) Accounts are registered for the same street address under different email addresses, such Accounts will be subject to cancellation and Points held therein will be forfeited.

You are responsible for maintaining the confidentiality of your password and Account, and are fully responsible for all activities that occur under your password or Account. You agree to: (a) immediately notify RewardTV of any unauthorised use of your password or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. Nielsen cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

5,000 Points will be credited to your Account upon registration.

Note to Parents and Children

The Site is not targeted to children (individuals under 16 years of age), and certain material may be considered inappropriate for children. Nielsen will not knowingly solicit or collect any personally identifiable data from individuals under the age of 16.

Privacy Policy

Nielsen wants to protect your privacy and respects your concerns about how we may gather, use and disclose your personal information. Our collection, use and disclosure of your personal information are governed by our Privacy Policy found here which is incorporated by reference and forms part of this Agreement.

Code of Conduct

You agree to abide by the following code of conduct (the "Code of Conduct") and to comply with all applicable rules governing any Promotion accessible from the Site.

You may not use the Site in any manner that:

  • infringes (or results in the infringement of) or misappropriates any rights, including, without limitation, any copyright, patent, trademark, or other intellectual property right, of Nielsen or any Third Party;
  • is (or you reasonably believe to be) illegal, fraudulent, or unauthorised, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorised, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorised material; or
  • would cause Nielsen and/or any Affiliate to be in violation of any applicable local, national or international law or regulation.

You may not use the Site to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to material that:

  • meets any of the descriptions above;
  • is determined by Nielsen, in its sole discretion, to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity);
  • is determined by Nielsen, in its sole discretion, to be defamatory or threatening;
  • is determined by Nielsen, in its sole discretion, to be pornographic (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children); or
  • contains any virus, worm, Trojan horse, or other harmful or disruptive component.

You may not do (or attempt to do) any of the following in connection with the Site:

  • Restrict or inhibit use of the Site. This includes: (a) using any Account without the ownerís permission; (b) obtaining or soliciting another Memberís password or other personal information under false pretences; or (c) impersonating another Member or otherwise misrepresenting yourself in any manner, whether to another Member, to RewardTV, or otherwise.
  • Interfere with the operation of the Site. This includes: (a) interfering with, defeating, or circumventing any access or security function of the Site; or (b) accessing any portion of the Site that you are not authorised to access.
  • Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site without Nielsenís prior written authorisation. This includes framing or mirroring any part of the Site.
  • Remove any copyright, trademark, or other proprietary rights notice contained in the Content.
  • Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content contained therein.
  • Harvest, collect, or mine information about other Members of the Site.
  • Create a database by systematically downloading and storing all or any of the Content available on the Site.

RewardTV uses a special cookie that employs a technology called "Flash." This cookie identifies you as a RewardTV member. You agree to retain this cookie on your computer while you are a RewardTV Member. Deletion of this Flash cookie may result in termination of your Account.

You agree to abide by the following additional rules in all RewardTV Chat Rooms:

  • When you choose a screen name, identify a chat room, or otherwise create a label that can be seen by others, you will observe the rules of common decency. If Nielsen, in its sole discretion, finds such a label offensive, it reserves the right to change the name, remove the label and corresponding chat room and/or suspend you from all future and/or current Promotions.
  • If any Member harasses another Member in a general or private RewardTV Chat Room, Nielsen must be notified of the harassment as soon as reasonably possible (in most circumstances within 48 hours of a Member becoming aware of its occurrence). To file a complaint of harassment, contact us by our Member Services page with a description of the harassing behaviour and the exact time and location at which it occurred. Nielsen will determine, in its sole discretion, from the chat room logs whether the Member has been offensive. Nielsen reserves the right to suspend the offending Member from all future Promotions for a period of time to be determined by Nielsen, at its sole discretion.

The use of any interactive service carries specific risks, particularly for minors. Therefore the use of any interactive service by a minor under the age of 18 requires the consent of a parent or guardian.

Failure to abide by this Code of Conduct or other terms and conditions of this Agreement, the Rewards Programme Rules, may be grounds for immediate limitation or termination of your Account without notice and may result in the termination of your prize draw entries and other incentives, and, in certain cases, may also subject you to civil or criminal penalties. Whilst we will do our best to assess any possible risks for Members posed by third parties when they use any interactive service on this Site, we are under no obligations to monitor, moderate or oversee any such service. Nielsen does not police for, and cannot guarantee that it will learn of or prevent, any inappropriate use of the Site. You are responsible for all use of your Account, unless you have notified RewardTV that your Account has been compromised by sending an email to us using our Member Services page requesting that access to it be blocked.

Fraud and Termination of Membership

You agree that in the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, Nielsen, in its sole discretion, reserves the right to disqualify you from participation in any or all Promotions; suspend access to your Account indefinitely pending investigation; cancel your Account; terminate your membership; void any Points you have earned; and/or require the return of any prize you have won or Reward you have redeemed. The forfeiture of Points and/or return of prizes or Rewards shall in no way preclude Nielsen from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.

Such fraud and misconduct includes, but is not limited to: (a) any misrepresentation of any information furnished to Nielsen or its Affiliates by you, or anyone acting on your behalf; (b) falsifying personal information required during registration; (c) using methods such as automated computer scripts or other programming techniques to enter a prize draw or to claim a prize, redeem a Reward, accumulate Points or participate in any Promotion; (d) allowing others to use your Account for the purposes of accumulating Points; (e) intentionally trying to defraud or otherwise tamper with the computer Programmes that comprise RewardTV; (f) failure to comply with the Rewards Programme Rules or the rules governing any individual Promotion; and (g) the exchange or publishing of questions and answers to RewardTV Games on message boards, in newsgroups or in any other public or private forum, or via e-mail or any other form of written or verbal communication.

RewardTV TV Trivia Games and Prize Draws

The RewardTV TV Trivia Games are available only via access to the Site and will be governed by the Rewards Programme Rules found at here which are incorporated by reference and form part of this Agreement. The Prize Draws will be governed by their own official rules, copies of which will be posted on the Site from time to time. It is your responsibility to review and comply with the Rewards Programme Rules and the official rules of each Prize Draw.

Disputes and Errors

All questions or disputes regarding the Site, including without limitation, questions or disputes regarding the Promotions, or the accrual and redemption of Points, must be submitted in writing, to RewardTV, RewardTV, NetRatings UK Limited, AC Nielsen House, London Road, Headington OX3 9RX. Nielsen shall use all reasonable endeavours to resolve the dispute.

The English courts will have non-exclusive jurisdiction over any dispute relating in any way to your visit to RewardTV or actions you take on RewardTV although we retain the right to bring proceedings against you for breach of these conditions in any other relevant country.

This Agreement and any dispute or claim arising out of or in connection with it or your visit to RewardTV shall be governed by and construed in accordance with the law of England and Wales.

Content Submissions

You are solely responsible for all Submissions from your Account. All Submissions must comply with the Code of Conduct appearing in this Agreement and will be treated as non-confidential and non-proprietary. Nielsen may monitor or review Submissions from time to time, although it is under no obligation to do so and assumes no responsibility or liability arising from any Submission. Nielsen, at its sole discretion, has the right to remove any Submission if it does not comply with the terms of this Agreement. Nielsen will cooperate with law enforcement authorities or court orders directing Nielsen to disclose Account information relating to the origin of any Submission. This Agreement does not affect the copyright ownership of your Submissions. By transmitting a Submission, you are granting Nielsen perpetual, non-exclusive, permission to use, modify, display, and distribute that Submission in any manner worldwide, without credit or compensation and without any obligation or liability to you. You agree to waive all moral rights in respect of the Submission, including the right to be identified as the author of the Submission, your right to object to derogatory treatment of the Submission, You agree to perform all further acts necessary to perfect any of the above rights granted by you to Nielsen, including the execution of deeds and documents, at the request of Nielsen.

Anything you transmit or post may be used by Nielsen or its Affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Nielsen is free to use any ideas, concepts, know-how or techniques contained in any communication you send to RewardTV for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

You promise that any Submission complies with the Code of Conduct and that you own or otherwise control all of the rights to the Submission and that: (i) use of the Submission will not infringe the rights of any third parties (including that the content or material is not defamatory); and (ii) you have obtained all rights and consents that are necessary for you to provide the Submission; and (iii) you will immediately remove and notify us of any Submission that does not does not comply with the terms of this Agreement or may infringe the rights of third parties . You agree to indemnify (i.e. compensate) Nielsen and its affiliates for all claims brought by a third party against Nielsen or its affiliates in respect of infringement of that third partyís intellectual property rights or arising out of or in connection with a breach of any of these warranties.

Trademarks, Copyrights, and Proprietary Rights

The Site and all Content contained therein are protected by the copyright laws and international treaties. "RewardTV" and the RewardTV logo are service marks and are used under license. The trademarks, logos, and service marks displayed on the Site, including the names of all Promotions (collectively, the "Trademarks"), are Trademarks of RewardTV and/or their respective owners. Nothing in this Agreement grants you any right to use any Trademark or trade name of RewardTV or any Third Party. Your misuse of any Trademark or trade name displayed on the Site is strictly prohibited. You are also advised that Nielsen will aggressively enforce its intellectual property rights to the fullest extent permitted by law, including the seeking of criminal prosecution where appropriate. Portions of the Site are the subject of pending patent applications.

Infringement and Regulatory Complaints

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a procedure for use by copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe that any Content appearing on the Site infringes your copyright, you may send Nielsen a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, send Nielsen a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. Nielsen suggests that you consult your legal advisor before filing a notice or counter-notice.

When providing notice of claimed infringement to Nielsen’s Designated Agent, please do so in writing and include the following information:

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

Send notices and counter-notices to:

Director of Site Privacy
RewardTV
NetRatings UK Limited
AC Nielsen House
London Road
Headington OX3 9RX


rewardtvukmemberservices@nielsen.com

Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

ACCESS TO THE WEB SITE IS PROVIDED ON A TEMPORARY BASIS. REWARDTV RESERVES THE RIGHT TO CHANGE, SUSPEND, OR DISCONTINUE ALL OR ANY ASPECTS OF THE SITE AT ANY TIME AND WITHOUT PRIOR NOTICE. HOWEVER, WHERE POSSIBLE WE WILL ENDEAVOR TO INFORM MEMBERS OF SUCH CHANGES OR SUSPENSIONS VIA A NOTICE ON THE WEBSITE OR VIA EMAIL.

ALTHOUGH WE MAKE EVERY EFFORT TO AVOID ERRORS ON THE SITE AND IN ITS CONTENT, THE SITE OR ITS CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. REWARDTV IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND NIELSEN MAKES NO GUARANTEES, PROMISES OR ENDORSEMENTS WITH REGARD TO THE ACCURACY, RELIABILITY, RELEVANCY, COMPLETENESS, OR TIMELINESS OF THE SITE OR ITS CONTENT. WE THEREFORE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR ANY INACCURATE INFORMATION ON THE SITE. FURTHER, WE DO NOT PROMISE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED. WE WILL NOT BE LIABLE FOR ANY LOSS OR ANY DAMAGE ARISING OUT OF OR IN CONNECTION WITH ACCESS OR USE OF THE SITE EXCEPT THAT NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

REWARDTV AND ITS AFFILIATES MAKE NO WARRANTY, GUARANTEE, OR REPRESENTATION THAT: (A) THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER REWARDS REDEEMED OR OBTAINED OR PRIZES WON BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NIELSEN’S LIABILITY FOR LOSSES YOU SUFFER AS A RESULT OF NIELSEN BREAKING THIS AGREEMENT SHALL BE LIMITED TO LOSSES THAT ARE A FORESEEABLE CONSEQUENCE OF OUR BREAKING THE AGREEMENT. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND NIELSEN AT THE TIME YOU ENTERED INTO THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU AND NIELSEN (FOR EXAMPLE INDIRECT LOSSES SUCH AS LOSS OF PROFITS OR BUSINESS).

NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY NIELSEN’S NEGLIGENCE OR DELIBERATE BREACHES OF THE TERMS BY NIELSEN THAT WOULD ENTITLE YOU TO TERMINATE THE CONTRACT BETWEEN US.

Miscellaneous

This Site is directed at users resident in the UK only. It is not directed at any person in any country where for any reason the publication or availability of the Site is prohibited and Nielsen does not represent that either the Site or its content are appropriate for use or are permitted by the laws of all countries. If you are resident in a country outside of the UK you use this Site at your own risk. If any provision of this Agreement is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect.

Non-enforcement of any of the terms of this Agreement does not constitute a continuing consent or waiver of such term or of any other terms. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement is for the benefit of Nielsen and its Affiliates (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. This Agreement and your rights and obligations arising thereunder may not be assigned or transferred by you without the written consent of Nielsen, in its absolute discretion, and any such attempt shall be void. You may however cancel your membership account at any time. This Agreement, together with the Privacy Policy and the Rewards Programme Rules, re considered by Nielsen to set out the entire agreement between you and Nielsen. If you think that there is a mistake, please make sure that you ask Nielsen to confirm any changes in writing, as Nielsen can only accept responsibility for statements and representations confirmed in writing by our authorised employees and agents.