Last Updated: 1/20/2017
OPINION-CENTRAL.COM IS A WEBSITE OWNED AND OPERATED BY MILLWARD BROWN DIGITAL. ALL REFERENCES TO OPINION-CENTRAL.COM CONTAINED HEREIN SHALL BE DEEMED TO INCLUDE MILLWARD BROWN DIGITAL.
PLEASE READ THE FOLLOWING CAREFULLY. USE OF THIS SITE SIGNIFIES YOUR FULL ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU MAY NOT USE THE OPINION-CENTRAL.COM SITE (THE “SITE”) FOR ANY PURPOSE.
IF YOU HAVE ANY QUESTIONS ABOUT THIS USER AGREEMENT, PLEASE CONTACT US VIA E-MAIL AT carnold@opinion-central.com OR VIA REGULAR MAIL AT 1351 WASHINGTON BLVD., STAMFORD, CT 06902.
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
1. Panelist Registration Requirements
Before being able to participate in the Program, you must register as a panelist of Opinion-Central (a “Panelist”) by providing Opinion-Central.com (hereafter “Opinion-Central”) with accurate, complete and updated registration information as required by the Panelist registration form. A Panelist may not (i) activate or use more than one Panelist account; (ii) use a name subject to rights of another person without authorization from that 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. Opinion-Central reserves the right to reject any applicant as a Panelist for any reason whatsoever.
Panelists must keep all registration information current at all times. 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.
Opinion-Central reserves the right to periodically monitor Panelist's use of the Program and the Site and may request at any time that a Panelist provide proof in order to verify the accuracy of the account information provided by the Panelist at the time of registration or any time thereafter.
The Program is open only to legal residents of the United States (including the District of Columbia) and Canada, who are at least 13 years old as of date of entry and who are registered Panelists. Employees of Opinion-Central, its parents, subsidiaries, affiliates and suppliers connected in any way to the Program or the operations of the Site, and those domiciled with such employees or their immediate family, are not eligible to participate. Employees of competitors of Opinion-Central, market research professionals, clients of Opinion-Central and their respective immediate family members or others living with them, are also not eligible to participate. Participation in the Program is void where prohibited or restricted by law.
Opinion-Central will not be responsible for supplying any hardware or software necessary to access the Program, or for any charges associated therewith (including, but not limited to telephone and internet provider charges).
Each Panelist is limited to one account.
2. Panelist Termination
Panelists may terminate their membership at any time by emailing Opinion-Central at carnold@Opinion-Central.com. Any Points previously earned by the Panelist will be forfeited if not redeemed prior to termination.
Each Panelist agrees not to abuse the Program by conduct which is detrimental to the interests of Opinion-Central, including without limitation attempting to accumulate Points or redeem Points in a manner that is in breach of or inconsistent with this User Agreement. 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 Opinion-Central; (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 Opinion-Central’s sole discretion, and the Panelist may be referred to appropriate law enforcement agencies if such action is deemed warranted by Opinion-Central.
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 elements; (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. 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.
Opinion-Central may, in its sole discretion, terminate or suspend any Panelist's participation in or access to all or part of the Program and the Site for any or no reason, or if a Panelist has failed or refused to respond in a timely fashion to Surveys, or has otherwise been inactive as determined by Opinion-Central, and the Panelist will thereafter have ninety (90) days in which to redeem his or her Points after which any remaining Points will be forfeited. Opinion-Central may also, in its sole discretion, terminate a Panelist’s participation in or access to all or part of the Program and the Site for breach of these Terms and Conditions, or for abuse, fraud or other improper use of the Program and the Site, and in such event all Points held in the Panelist’s account will be forfeited immediately. Opinion-Central will be the sole judge in cases of suspected abuse, fraud, or breach of these Terms and Conditions. Any decision Opinion-Central makes relating to termination or suspension of any Panelist's account (including the cancellation of Points) shall be final, binding and conclusive.
3. Accumulation of Points
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 Opinion-Central' sole discretion, and will be set forth either in this User Agreement or on the Site. The current activities that will allow you to earn Points are as follows:
Online Surveys: Panelists may earn Points by completing Surveys and/or online market research activities (collectively, “Surveys”)
Sweepstakes: Opinion-Central may, from time to time, conduct contests or events offering Points as prizes (hereafter referred to as “Sweepstakes”). Any rules and regulations applicable to the accumulation of Points through a particular sweepstakes will be published on the Site concurrently with the announcement of that Sweepstakes. Such rules and regulations shall be binding upon all participating Panelists and shall have the same force and effect as though they were fully incorporated herein.
Additional Activities: From time to time, Opinion-Central may offer additional opportunities for Panelists to earn Points. In the event that any such additional opportunity is offered, Panelists should consult the rules and regulations applicable to that particular opportunity, as well as this User Agreement, to review all terms and conditions of the opportunity.
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.
4. Opinion-Central Point Activities and Values
Panelists will be awarded Points for responding to each Survey based upon the estimated time to complete the Survey and any special need for responses from Panelists with particular characteristics such as age, residence, educational level or other criteria. The Points to be awarded for each Survey will be specified by Opinion-Central at the time each Survey is posted on the Site.
Panelists can view their total number of Points online by visiting the Members section of the Site. The Members page is restricted to Panelists, and Panelists must enter their username and password in order to view the Members section.
Opinion-Central 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. Opinion-Central reserves the right to resolve all Points discrepancies in its sole discretion, and the Panelists agree to abide with any such determination. Opinion-Central reserves the right to change Point awards or other incentives granted for any particular Survey. In the event the Program is terminated, panelists will be notified and given 90 days in which to redeem their Points.
Points will be posted to a Panelist's account balance no later than 10 days after completion of a qualifying Survey, and will be available for redemption as soon as they are posted to the Panelist's account. Opinion-Central will use reasonable care to ensure that Points are accurately deposited in Panelists' accounts. However, Panelists are responsible for verifying that their Points are properly deposited, and Opinion-Central will not be liable or responsible for any errors regarding Points.
Opinion-Central 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 cannot be sold, transferred, or otherwise assigned to any other person, under any circumstances, without Opinion-Central's written permission.
5. Points Redemption
Panelists may redeem Points for merchandise as described on the Site and potentially for gift cards or certificates (collectively, “Rewards”). Rewards will require certain minimum Points. Completion of individual Surveys may not grant sufficient Points to meet these minimums.
All Points must be redeemed online.
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 best of Opinion-Central’s knowledge. Opinion-Central is not responsible for errors and/or omissions with respect to such information.
To redeem Points, Panelists must log onto their account and select the award within the Panelist website. The Members section is restricted to Panelists, and Panelists must enter their user name 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. Opinion-Central reserves the right to change merchandise offers on its Site at its discretion and without notifying Panelists.
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).
A Panelist may not redeem Points with a value in excess of $600 in any calendar year.
Points are non-negotiable and may only be redeemed through Opinion-Central in exchange for Rewards. Once a Panelist redeems Points, the appropriate number of Points will be deducted from the Panelist's account. Opinion-Central reserves the right to modify at any time the number of Points required to redeem any item or to participate in any activity.
The Points associated with each Reward include all charges associated with the Reward and its delivery. The Panelist will not be responsible for any other charges.
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 Opinion-Central Point redemption methods may be added or substituted in the future in Opinion-Central's sole discretion.
Panelists may be required under federal, state, and/or local laws to pay taxes on the Points they earn or the items they receive upon redemption. You acknowledge that we may supply information to taxing agencies, or withhold taxes, at the request of those agencies or as we in our sole discretion deem appropriate. You acknowledge and agree that you will provide Opinion-Central with any additional information that Opinion-Central needs to comply with any reporting or withholding obligations. Your failure to provide such information within 30 days of a request sent by Opinion-Central to the email address registered at that time will result in termination of your participation in the Program and forfeiture of your Points. Any information provided by Panelists will be maintained in strict compliance with Opinion-Central’s Privacy Policy, a copy of which can be found here.
At no time will interest be paid on any amounts credited to your account, nor will you be entitled to any such interest.
6. Rewards Delivery
Merchandise Rewards will normally be shipped within 8 to 10 weeks. 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. Opinion-Central reserves the right to substitute unavailable merchandise with merchandise of equal or greater value.
Gift cards or certificates from participating merchants may be included as potential Rewards. Any such redemption of these is subject to such rules, requirements and limitations as the issuing merchant may impose. Cards or certificates may be sent via email (from the certificate vendor) to the email address that the Panelist is currently using on the Opinion-Central Panel.
7. Points Program General Terms and Conditions
Your use of the Program is subject to these Terms and Conditions, in addition to the terms and conditions described elsewhere in this User Agreement.
In order to participate in the Program you must be 13 years of age or older and using the Program for personal purposes. No machines or automated services may be used to accumulate any financial benefits derived from use of the Program. You may participate only through your single Opinion-Central account.
Disclosure and Privacy
Opinion-Central may be required to disclose to third parties certain personal information you have provided in connection with participation in the Program. Such information may be provided: (i) to agents of Opinion-Central or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for redemption of your Points. Opinion-Central may also disclose information in connection with the investigation of someone who poses a threat to Opinion-Central's interests (such as customer fraud) or whose activities could bring harm to others. Any disclosure of Panelist information will be made in strict compliance with Opinion-Central’s Privacy Policy, a copy of which can be found here.
Opinion-Central takes reasonable measures to maintain the security and confidentiality of your personal account information. There are certain conditions, however, that exist on the internet generally which are outside Opinion-Central’s control and could result in a breach of security. Accordingly, Opinion-Central cannot guarantee that your confidential information will be free from corruption or piracy. You hereby expressly waive any claim against Opinion-Central and its members, officers, directors, employees, agents, and representatives, arising out of the loss of data through corruption, piracy, breach of security, or other reason.
Proprietary Rights
All materials on this Site, including, without limitation, text, data, information, images, illustrations, audio clips, video clips, games, Surveys and promotions, are protected by intellectual property rights owned and controlled either by Opinion-Central or its affiliates and subsidiaries, or by third parties who have licensed their material to Opinion-Central. Material from the Site may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of Opinion-Central or except as specifically permitted on this Site. Modification of material or use of material for any purpose other than your own personal, non-commercial or home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other Site or computer is prohibited.
The trademarks, logos and service marks that you see on this Site are registered and unregistered marks of Opinion-Central or its affiliates and subsidiaries, or third parties who have licensed the use of such marks to Opinion-Central. Nothing on this Site grants any license or right to use any marks displayed on this Site without the written permission of the owner of the mark. Your misuse of the marks displayed on this Site or any other content on this Site is strictly prohibited.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Termination or Changes to the Program
Opinion-Central may, in its sole discretion, change, suspend or discontinue any aspect of the Program and/or the Site at any time, including the availability of any service feature, links, sponsor, database, or Site content without notice, including, without limitation, should events beyond Opinion-Central's control occur, such as: computer equipment or electronic data transmission failure, strikes, civil disturbances, acts of nature, terrorism or war. Opinion-Central may cancel the Program at any time. Opinion-Central may also impose limits on certain features and services or restrict any Panelist's access to parts or all of the Program and Site without notice or liability. Notification of Program termination will be sent to the email address that has most recently been updated on the Site. Opinion-Central will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Opinion-Central, including an error in your e-mail program, an inaccurate e-mail address, your failure to check for your e-mail online, or your failure to inform Opinion-Central of a change in your e-mail address.
Panelists will be given ninety (90) days after termination of the Program to redeem their Points after which any remaining Points will be forfeited.
Opinion-Central may modify these Terms and Conditions from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the User Agreement sections of the Site regularly to determine whether this Agreement (including the Terms and Conditions) has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
Disputes or Errors
All questions or disputes regarding the Program must be submitted in writing, within 60 days of the qualifying transaction, to Opinion-Central, 1351 Washington Blvd, Stamford, CT 06902. Any such disputes shall be resolved in the discretion of Opinion-Central according to procedures established by Opinion-Central from time to time.
Termination Without Cause
Opinion-Central reserves the right to terminate a Panelist’s participation in the Program and access to the Site at any time and for any or no reason. In the event of termination, you will no longer be authorized to access the benefits of the Site; and the restrictions imposed on you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this User Agreement will survive termination of this Agreement. Upon such termination you will be given ninety (90) days in which to redeem all Points held in your account, after which any remaining Points will be forfeited.
Termination for Cause
Opinion-Central may terminate your right to use this Site immediately, without notice to you if, in the sole discretion of Opinion-Central, you fail to comply with this User Agreement or engage in any fraudulent or improper activity. In the event of such termination, you will no longer be authorized to access the benefits of this Site; all Points held in your account will be forfeited immediately; and the restrictions imposed on you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this User Agreement will survive termination of this Agreement. The User Agreement, including these Terms and Conditions of use, contain the entire agreement between you and Opinion-Central related to this Site.
Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of the State of Connecticut without giving effect to any principles of conflicts of law. You agree to bring any claims against Opinion-Central exclusively in the state courts of Connecticut or any federal court having jurisdiction over such state. If any provision of this User Agreement proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
Compliance With Laws
You will use the Program and the Site in accordance with all applicable local, state, provincial, federal or international laws, including but not limited to any regulations having the force of law.
Contests and Sweepstakes
From time to time, Opinion-Central may choose to conduct a Sweepstakes and award to the winners of such Sweepstakes Points or other awards, as determined in Opinion-Central’s sole discretion. Panelists are asked to review the applicable rules and regulations posted at the Site pertaining to any such Sweepstakes prior to submitting a Sweepstakes application.
Disclaimer
THE MATERIALS ON THE OPINION-CENTRAL SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFICALLY NOTED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPINION-CENTRAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH THE SITE IS LINKED OR ANY SERVICE OR MERCHANDISE THAT MAY BE AVAILABLE FOR OR OBTAINABLE BY PANELISTS THROUGH THE REDEMPTION OF POINTS. OPINION-CENTRAL DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THESE SITES OR THAT THEIR CONTENTS (OR ANY SERVICE OR MERCHANDISE OBTAINABLE BY PANELISTS THROUGH THE REDEMPTION OF POINTS) WILL MEET YOUR REQUIREMENTS, THAT THESE SITES OR THEIR CONTENTS (OR ANY SERVICE OR MERCHANDISE OBTAINABLE BY PANELISTS THROUGH THE REDEMPTION OF POINTS) ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE OPINION-CENTRAL SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION, OPINION-CENTRAL MAKES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SPECIFIC MERCHANDISE OR SERVICE THAT WILL BE AVAILABLE FOR OR OBTAINABLE BY PANELISTS THROUGH THE REDEMPTION OF POINTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies, or typographical and/or photographic errors. Opinion-Central specifically disclaims any liability for such inaccuracies or errors. Opinion-Central does not warrant or represent that the content on the Site is complete or up-to-date. Opinion-Central is under no obligation to update any content on the Site. Opinion-Central may change the content on the Site at any time without notice. Opinion-Central may make improvements or changes to the Site at any time.
Liability Limit
IN NO EVENT SHALL OPINION-CENTRAL, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR MERCHANDISE OR THIS USER AGREEMENT OR IN CONNECTION WITH THIS SITE OR A LINKED SITE OR ANY INFORMATION PROVIDED ON THE SITE OR A LINKED SITE OR FROM THE USE OF, OR INABILITY TO USE, THE SITE, A LINKED SITE OR ANY OPINION-CENTRAL MATERIALS, HOWEVER ARISING, EVEN IF OPINION-CENTRAL IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A PANELIST'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. OPINION-CENTRAL CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You specifically agree that Opinion-Central is not liable for the conduct of any user, including any defamatory or offensive conduct. If you are dissatisfied with the Program, the Site or any materials on the Site, or with any aspect of this User Agreement or the Terms and Conditions of use, your sole and exclusive remedy is to discontinue using the Program and the Site.
Each Panelist is responsible for all usage or activity on his or her account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by the Panelist or the result of the Panelist’s authorizing a third party to use Panelist's username and password.
Each Panelist acknowledges and agrees that Opinion-Central will not be responsible or liable for any errors, omissions or disputes with participating merchants or other third parties, including disputes or alleged defects regarding items or services received by Panelists as a result of the redemption of Points.
Indemnity
You agree to indemnify and hold Opinion-Central and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement or any other documents or websites it incorporates by reference, or your violation of any law or the rights of a third party.