QUESTIONPRO PROMOTION TERMS AND CONDITIONS
("Terms and Conditions")
Last modified: March 31, 2014.
These Terms and Conditions govern any user who creates a survey on QuestionPro ("User") and adds a reward to that survey
through the "Select a Reward" feature, whether by offering a sweepstakes, a contest, or any other similar offering (each, a "Promotion").
For clarity, a "Sweepstakes" is a Promotion that includes a prize and a winner selected on the basis of chance. A "Contest"
is a Promotion that includes a prize and a winner determined on the basis of skill (i.e., through judging based on specific criteria). Adding a reward to a QuestionPro
survey, or publicizing, promoting, or advertising a Promotion on QuestionPro, constitute User's full and unconditional agreement to these Terms and Conditions.
- General. User acknowledges and agrees that:
- User is responsible for ensuring that any Promotion and the administration, advertising, publicizing and fulfillment of such Promotion complies with all applicable international, national, federal, state, provincial and local laws, statutes, codes, rules, regulations, ordinances, orders, decrees or other pronouncements of any governmental, administrative or judicial authority having the effect of law and all applicable regulatory and industry rules (such as the rules of websites and other software platforms, eg., Facebook and Twitter), regulations and guidelines;
- User is fully and solely responsible and liable for User's Promotion, including, without limitation, every element of publicizing or administering the Promotion.
- User shall not use QuestionPro's name, trademarks, trade names, copyrights, or any other QuestionPro intellectual property in the Promotion rules or any other materials relating to the Promotion without QuestionPro's express written consent;
- The Promotion rules must include: eligibility restrictions, all Promotion entry methods, information about prizes (including retail value), odds of winning, a full release of QuestionPro by each person participating in the Promotion, an acknowledgement that the Promotion is not associated with QuestionPro, including, without limitation, that it is not administered, sponsored, or endorsed by QuestionPro, and a statement that each person participating is giving information to User and not to QuestionPro.
- User shall fully disclose all of the Promotion rules and shall sponsor and administer the Promotion in accordance with these rules;
- User Shall maintain records of Promotion registrations, official rules, correspondence with participants, description and value of prizes offered, number of prizes awarded, method of selecting winners, and the contact information of winners for at least 2 years;
- Compliance with these Terms and Conditions does not imply compliance with all applicable laws; and
- User is responsible for obtaining any necessary counsel in connection with User's Promotion.
- Promotion Restrictions.
- User shall not open or market a Promotion to individuals under the age of 18.
- User shall not open or market a Promotion with the aim of promoting alcohol, gambling, tobacco, firearms, prescription drugs or pornography.
- User shall not offer a reward that includes, in whole or in part, alcohol, tobacco, dairy, firearms, prescription drugs, gasoline, or pornography.
- User shall not offer any Promotion that consists of prizes and/or cash totaling US$5,000 or more in value.
- User shall not condition entry upon the purchase of a product, the completion of a task, the providing of sensitive information, or any other form of consideration.
- Publicizing a Promotion.
- User shall not mislead, deceive, or otherwise misrepresent the Promotion. Any publicity associated with the Promotion must be true and accurate.
- User shall not directly or indirectly indicate that QuestionPro is a sponsor or administrator of the Promotion or mention QuestionPro in the rules or materials relating to the Promotion in a way to suggest such a relationship.
- Indemnification. You will indemnify and hold harmless QuestionPro and its respective subsidiaries, affiliates, officers, directors, employees and agents from and against all damages, losses, costs and expenses of any kind (including reasonable legal fees and costs) for any claim or cause of action related to the Promotion, including the publicity or administration of that Promotion.
- QuestionPro Rights.
- QuestionPro may remove any materials relating to User's Promotion or disable User's Promotion or account if:
- QuestionPro determines that User violates these Terms and Conditions,
- QuestionPro believes that the continued marketing or administration of User's Promotion may be unlawful under applicable laws, regulations, industry rules or guidelines, or
- QuestionPro believes that the continued marketing or administration of User's Promotion may cause an unreasonable risk of liability for QuestionPro.
- QuestionPro reserve the right to review User's Promotion at any time but is under no obligation to do so. QuestionPro's failure to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision.
- These Terms and Conditions may be modified by QuestionPro at any time without notice. User will be subject to the most current version of these Terms and Conditions then in effect. If any inconsistency exists between the QuestionPro Terms of Service and these Promotion Terms and Conditions, these Promotion Terms and Conditions will control to the extent of the inconsistency.