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1) Effective Date: 20 December 2007
2) Last Revised: 20 December 2007
These TNS EAP Official Rewards Rules ("the Rules") apply to all rewards programs run by TNS EAP B.V., P.O. Box 247, 1000 AE Amsterdam, the Netherlands ("TNS"), including, but not limited to, the Points Program (“MySurveyPoints”) and Prize Draws, as promoted on the MySurvey website ("the website").
TNS reserves the right to modify the Rules, so it is important that you check them periodically. Continued use of the website and participation in surveys is considered acceptance of the Rules, and any modified terms included therein.
Part A - Points Program
Part B - Prize Draws
PART A - POINTS PROGRAM
1 Accumulation of MySurvey points
1.1 Once you have joined the panel, MySurvey Points will be awarded if you correctly and completely answer the questions comprising a TNS survey. For the purpose of these Rules, TNS will not consider questions to be “correctly” answered if an answer is confusing or meaningless.
1.2 There is no obligation on TNS to select any panel member to answer survey questions. The members requested to take part in surveys depend on the requirements of the clients of TNS and the random selection of those requested to take part from those that are eligible.
1.3 The activities that will allow you to earn MySurvey Points may change from time to time, at TNS’ discretion. These activities will be clearly set out on the website or within these Rules.
1.4 Currently, you can earn points by completing most surveys. Where a survey does not carry MySurvey Points, this will be clearly stated at the beginning of the survey and/or through the members’ area of MySurvey website.
1.5 TNS reserves the right to suspend, terminate, revalue or modify without notice to you other than by changing the Rules posted on the website, all or part of the Points Program value structure and offers. TNS reserves the right to adjudicate all MySurvey points discrepancies at its sole discretion, and you agree to abide with the decision of any adjudication. In the event that the Points Program is terminated, you will be notified and given 2 months in which to redeem your points.
1.6 MySurvey Points will be posted to your account no later than 30 days following survey completion and will be available for redemption as soon as they are posted to your account.
Members can view their current MySurvey point account online after they become a member by logging in to the website’s Members Area. This section of the site is restricted to members only and members must enter their user name and password to view their points balance.
TNS takes reasonable care to ensure MySurvey Points are accurately deposited in your account. However you are responsible for ensuring that your MySurvey Points are correctly deposited and you should notify TNS within 2 months of completion of a survey or prize draw if MySurvey Points have not been correctly posted to your account,contact us by e-mail, writing to Emma Morrison.
or regular mail:
TNS EAP BV
Postbus 247
1000 AE Amsterdam
Nederland
TNS shall not be liable for any losses suffered due to any errors in the posting of points.
1.7 TNS does not award MySurvey Points to members if:
(i) A member attempts to answer the survey more than once, either by using more than one name or email address to enter into a survey
(ii) A member is not being honest in his/her approach to the research, for example by providing confusing or meaningless answers
1.8 TNS shall not be obliged to make any payment to a member:
(i) Whose balance in his/her account does not reach 1000 points;
(ii) Whose balance in his/her account is under 1000 points at the point that the MySurvey service is suspended or terminated by TNS; or
(iii) Who terminates his/her membership of the MySurvey panel prior to the balance of his/her MySurvey account reaching 1000 points.
In the UK, if you terminate your membership and chose Nectar as a redemption option, you will not lose any points that have already been transferred to Nectar.
(iv) Whose contact details (including email address) are not up to date and correct.
2 MySurvey points values
2.1 You will receive a certain number of MySurvey Points per completed activity (dependent on complexity and other survey characteristics). The number of MySurvey Points available for any activity will be stated on the survey and/or through the members’ area of the website.
2.2 You can view your total number of MySurvey Points by visiting the Members' Page of the MySurvey website. MySurvey Points expire after two years.
2.3 MySurvey Points are personal to you and are not transferable without TNS’ written permission. They are not considered to be property, and as such, you cannot sell, transfer or assign your Points to any other person without TNS’ written permission.
3 Redemption of MySurvey points
3.1 You can only redeem MySurvey Points if you have a minimum of 1000 points in your account, and your account is in good standing.
In the UK, if you chose Nectar as a redemption option, your points will automatically be transferred to Nectar on a weekly basis no matter the points balance, and only if you provided TNS with a valid Nectar card.
3.2 All MySurvey Points must be redeemed online. To redeem Points, you should login on the website’s MySurvey Members area, then click on the Reward points section. Other TNS redemption methods may be added or substituted in the future at TNS’ sole discretion. Further details can be found on the website.
3.3 MySurvey Points can be redeemed for redemption methods selected by TNS. Details regarding the redemption arrangements can be found on the website. My Survey Points cannot be exchanged for cash.
If Nectar was chosen as a favourite redemption option upon registration:
3.4 TNS reserves the right to change merchandise and gift certificate offers on the website at its discretion and without notice. You acknowledge that TNS is not responsible for any actions taken by any partners in connection with the redemption of MySurvey Points.
3.5 The value of your selected reward may not exceed the number of Mysurvey Points in your account. However, you may select a reward of lesser value. Any unused MySurvey Points will remain in your account for future use and once you redeem MySurvey Points, the appropriate number of Points will be deducted from your account.
3.6 MySurvey Points are non-negotiable.
3.7 Rewards received as a result of redemption of MySurvey Points cannot be exchanged, returned or redeemed for cash value.
3.8 The Rewards pictured on the website may not necessarily reflect the exact colours or models of actual Rewards, due to printing variations and manufacturers' updates.
3.9 TNS reserves the right to substitute any reward for a reward of equivalent or higher value if a reward is not available.
3.10 TNS has no obligation in respect of any tax due on the Reward given to a member and the member shall be responsible for declaring any income received from TNS under this Agreement.
4 ADMINISTRATION OF REWARDS
4.1 TNS reserves the right to appoint a third party to administer its Points Program and Rewards. You should read the Privacy Policy regarding information that will be passed to third parties in order to administer the Points Program and Rewards.
4.2 With due observance to the following, TNS has no responsibility whatsoever for injuries, losses, or damages of any kind that result from acceptance, possession, or use of any MySurvey Points, their cash value or merchandise redeemed with mysurvey.com reward points.
Any claims for damages and reimbursement of expenditures - regardless of their legal basis, in particular due to a breach of duties arising from the contractual relationship on the part of TNS, its legal representatives, employees or vicarious agents or due to tort - are excluded. This exclusion of liability does not apply to liability arising from the breach of material contractual duties ("cardinal duties"). If the breach of the cardinal duties was merely due to slight negligence, however, the amount of the TNS’ liability will be limited to the typical foreseeable damage. The above limitations of liability shall also not apply to cases of liability for damages resulting from injury to life, body or health, the assumption of a guarantee by the TNS or any other cases where liability is legally mandatory. To the extent that the TNS’ liability is restricted or excluded by the above provisions, this will also apply to TNS’ legal representatives, employees and vicarious agents.
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PART B - PRIZE DRAWS
1 General/Prizes
1.1. Every quarter, TNS organizes two Prize Draws: one for its new MySurvey panel members (‘New Members Draw’) and one for members who have answered a profiling survey the previous quarter (‘Participants Draw’).
1.2. The prizes are awarded as follows:
- New Members Draw: the winner receives a prize of 2,500 € (or the equivalent in the winner’s local currency).
- Participant's Draw: the following prizes are to be won each month:
1 prize of 72,500 points
2 prizes of 17,500 points
3 prizes of 8,000 points
6 prizes of 4,500 points
1.3 TNS reserves the right to substitute the cash prizes for MySurvey Points, a gift certificate or other prize of equal or greater value.
1.4 The Prize is not transferable.
1.5 TNS reserves the right to withdraw or vary the Prize Draws at any time.
1.6 From time to time TNS may offer or conduct prize draws, points programs or other promotions or programs for surveys. All such services shall be subject to any additional terms, conditions, rules, guidelines or agreements that are provided to you at the time of accessing such services.
1.7 All winners will be notified by TNS via e-mail and/or through the members’ area of this website.
2 Entries and eligibility
2.1 Prize Draws are open only to residents of the Netherlands, France, Germany, Italy, Spain and Great Britain (England, Scotland and Wales).
2.2 Prize Draws are open to persons aged 16 or over.
2.3 You enter the New Members Draw automatically when you become a new MySurvey panel member and when you have completed the online registration form thereto.You receive an entry into the Participants Draw each time you answer a profiling survey completely.
2.4 Prize Draws will take place on a rolling 3 months basis 2 January, 1 April, 1 July, 1 October of each year (unless such date will be on a Saturday, Sunday or Bank Holiday, in which case the Prize Draws will take place on the first Monday after such date). Each Prize Draw is only accessible to entries during the previous quarter.
For example, if you become a new MySurvey panel member on 12 December, you will automatically enter the New Members Draw on 2 January following. If you answer a profiling survey completely on 1 July, you will automatically enter the Participants Draw on 1 October following.
The date of registration in MySurvey panel or completion of a profiling survey will determine the eligible period for the prize draw. All entries by online participation must be received by 11:59pm CET on the last day of the quarter preceding the draw.
2.5 Only one prize can be won per person per quarter. If you are selected for multiple prizes, you will receive the prize of the highest value and an alternate winner will be selected for the other prizes.
2.6 Persons working for or connected with TNS, sponsors or promoters of TNS cannot enter the Prize Draws.
2.7 Entry into a Prize Draw constitutes acceptance of these TNS EAP Official Reward Rules.
3 Selection and notification of winners
3.1 The winner will be selected at random by the computer.
3.2 The winner will be notified by email within 4 weeks of each draw. If contact cannot be made within one month, the prize will be forfeited. It is the winner’s responsibility to notify TNS of any change in contact information.
3.3 Details to process the prize claim must be provided by the winner within 60 days of notification by TNS. Unclaimed prizes will be void. All taxes are the sole responsibility of the winner.
3.4 Winners of the Prize Draw will be displayed on the website as title surname area e.g. Mr Jones from Birmingham. By completing the online registration form and agreeing to become a new Mysurvey panel member, you agree that TNS shall have the right to use your name and image for advertising, publicity and marketing purposes.
4 No purchase necessary
4.1 If you would like to enter our prize draws without registering with MySurvey please write to:
- Prize Draw Entry, TNS EAP/MySurvey, P.O. Box 247, 1000 AE Amsterdam, The Netherlands.
Upon receipt of your letter, you will automatically enter the next Prize Draw.
4.2 A copy of the Rules will be mailed free of charge to anyone requesting these. Postage of the request will be refunded at the standard postage rate, upon request made simultaneously with the request for a copy of the Rules.
5 Jurisdiction
5.1 These Rules constitute the entire agreement between you and TNS regarding any promotions run by TNS.
5.2 To the extent permitted by law, these Rules shall be governed by and construed in accordance with Dutch law.
5.3 The parties irrevocably agree, to the extent permitted by law, to submit to the exclusive jurisdiction of the Courts of Amsterdam, the Netherlands in relation to any claim or matter arising under or in connection with these Rules.
