1. Definition of Terms
- A. Points - The term "Points" refers to potential credits that may accumulate in your Member Account. "Points" do not become a vested contract right and have no cash or monetary value whatsoever, unless and until all the terms and conditions of this Agreement are fully met and they become Earned Points as described below.
- B. Earned Points - Once all terms and conditions of this Agreement are met and the Member actually chooses to redeem the Points and directs how the points will be redeemed, then Points become Earned Points. Until both of the foregoing conditions are met, Points are unearned and do not represent a contract right or claim and have no cash or monetary value.
- C. Non-Compliant - If a Member does not maintain a correct email address at the American Consumer Opinion Panel® Site, that Member's status becomes Non-Compliant. Even if a correct email address is maintained by Member at the Site, if Member does not respond to the Site emails or survey invitations for a period of eighteen (18) consecutive months or thirty (30) consecutive occasions, the Member's status will become Non-Compliant, as explained in section 8.J.
- D. Incentives - A term that refers to any and all awards, cash, prizes, credits, or Points that may be offered to Members as inducements to participate in Research Projects. Cash or gift awards will be mailed to the Member's mailing address. Cash or gift awards do not go into Member Accounts. Only Points are recorded in Member Accounts, and those Points have no cash or monetary value until Earned, as described in this Agreement.
- E. Incentive Program - A term that refers to the incentives and terms and conditions related thereto in this Agreement.
- F. Member - An individual who has completed the American Consumer Opinion Panel® Site registration form and signaled acceptance of this Terms and Conditions Agreement by clicking on the "I Agree" button and/or by usage of the Site and by participation in Research Projects.
- G. Compliant Member - A Member who maintains a current and accurate email address in his/her Member Account at the Site and responds to at least one email, screener, or survey invitation within a period of eighteen (18) consecutive months or thirty (30) consecutive occasions, as explained in section 8.J.
- H. Member Account - The account created by registering at the Site and accepting this Terms and Conditions Agreement.
- I. Research Projects - This term refers to any activities, tasks, or assignments that Members may be asked to perform, including screeners, surveys, group discussions, ideation projects, innovation projects, mystery shopping, store visits, etc.
2. Agreement to Conduct Transactions by Email
2A. Agreement to Conduct Transactions by SMS/Text Messaging
- a. Subscribers to our service alert system have opted-in to receive text alerts from one or more of the following short codes: 24411, 444999, and/or 36546 concerning confirming if you are opted in, how to receive help, and how to opt out of future surveys.
- b. Subscribers must express an interest to receive text messages from Licensee/Sub-Licensee. Only opted-in Mobile Subscribers receive alerts from the Licensee/Sub-Licensee. Such text messages shall consist of survey descriptions, survey alerts, or other type of notifications.
- c. All text messages sent to you are at standard rate. Other charges may apply. Message fees may apply, based on the type of text messaging program you have with your carrier. We shall not assess additional fees.
- d. CARRIERS CURRENTLY SUPPORTED: AT&T, T-Mobile, Verizon, Sprint, Nextel, Boost, Alltel, Virgin, Cellular South, US Cellular, Cellcom, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), MetroPCS, Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- e. HOW TO GET HELP: For more information you can reach us at: firstname.lastname@example.org or 1-800-262-5974. From your mobile phone you can get also get help information at any time by sending the text "HELP" to the short code to which you are subscribed. You shall receive a standard rate message from our service with information on the program you have subscribed to, Msg&Data Rates Apply, our website, email address and/or phone number and how to opt-out of our text messaging program.
- f. HOW TO OPT-IN: You can send in an Opt-In keyword to 444999, complete an Opt-In webform, sign written authorization, respond to an IVR prompt or give verbal authorization to a representative of Licensee/Sub-Licensee. Depending on the method of opt-in after indicating your interest in opting-in you shall then be sent a text message requesting confirmation that you seek to opt in and providing you with contact and program information. You must reply YES or Y from your mobile device to complete the opt-in. If your carrier does not permit these alerts, you shall not receive text message alerts from the (business description).
- g. HOW TO OPT-OUT: To opt-out of our mobile program you can text "STOP" to 24411, 444999 or 36546 from your mobile phone and you shall automatically be unsubscribed from our service. You shall receive a confirmation that you successfully unsubscribed but shall not receive any additional messages until you opt-in again.
3. Survey Participation
5. Accurate Information
- A. Incentives for Completing Screening Questionnaires -
American Consumer Opinion Panel® administers two types of questionnaires. The first
is a short questionnaire referred to as a screening questionnaire or
"screener." The second type is a longer questionnaire, referred to as a
"survey" (further described below in paragraph C).
Completion of a screener will generally take only a few minutes of your time. Members who complete a screener may receive an entry into a monthly drawing for gift cards, gift codes, or other prizes. You may receive one entry for every screening survey you complete. Some screeners will award Points, and your account may be credited 5 to 50 Points, depending on the time it takes to complete, as well as being subject to the terms and conditions of this Agreement. At the time you take the screening questionnaire or screener, you will be informed of the incentives for that screener.
- B. Incentives for Completing Surveys - Members who complete a screener as described above may be invited to complete a survey, a longer questionnaire usually 10 to 15 minutes in length. All Members who complete a survey will receive from 50 Points to 5,000 Points, based on the estimated time needed to complete the survey. At the time you are invited to complete the survey, you will be informed of the associated incentive.
- C. Incentives for Other Research Projects - Participation in a survey may also provide you with the opportunity to use a new or improved product in your home at no cost to you. Also, as a Member, you may be invited to participate in in-person group discussions or online discussion forums or may be asked to visit stores or restaurants or complete other assigned tasks. For participating in these Research Projects, you may receive cash, gifts, or Points. Cash or gift awards can range from $10.00 to $50.00 or more. Points awards generally range from 100 Points to 5,000 Points or more, based on the estimated time needed to participate. At the time you are invited to participate in a Research Project, you will be informed of the cash or gift award you will receive or the Points that will be added to your Member Account.
- D. Drawings - Any drawings are based on random selection. The odds of winning are dependent upon the number of entries received each calendar month. There is no purchase necessary to enter or win. Winning panel members will be selected through drawings conducted at 604 Avenue H East, Arlington, TX 76011. Entries have no value and an entry does not entitle an entrant to any compensation of any type or kind. Void where prohibited by law.
- E. American Consumer Opinion Panel® Member Accounts - All Points awarded to you are added to your Member Account maintained by American Consumer Opinion Panel®. You can access your Member Account by going to www.acop.com. and clicking on "Login" and logging in with your email address and password. American Consumer Opinion Panel® will hold the Points in your Member Account until Earned, subject to the terms of this Agreement. For a Member Account to be established in your name, you must complete the online registration form, including your full legal name, home address, valid email address, and any other information requested. You must also accept the terms and conditions of this Agreement at that time by clicking the "I Agree" button. Your use of this Site or any participation in American Consumer Opinion Panel® Research Projects, also constitutes acceptance of the terms of this Agreement. This Agreement may be modified from time to time, as explained in section 12.
- F. Member Account Restrictions - All Members must be at least fourteen (14) years of age, or older as required by the laws of each country. No person may establish or maintain more than one (1) Member Account per household with American Consumer Opinion Panel®, and each account must have a unique and valid email address and password. By completing the online registration, you represent that you are at least fourteen (14) years of age and that the information provided about you and your household is accurate and truthful in all respects. Any violation of the provisions of this paragraph G means that you will not earn the Points that may accumulate in your Member Account.
- G. Email Communications - All contact and communication between you and American Consumer Opinion Panel® will be conducted via email to the email address you provide at registration, or as provided by you every 12 months (or sooner if necessary) when you update your registration information. It is your responsibility to keep your email address current and accurate in your American Consumer Opinion Panel® Member Account. Failure to maintain an accurate email address in your Member Account violates the terms and conditions of this Agreement and will mean that you do not earn the Points that may accumulate in your Member Account, as explained in 8.J. You further agree that the Site may from time to time attach script to its emails to help ensure that you are receiving and opening emails from the Site. American Consumer Opinion Panel® will not share your personal information without your prior consent and your information will only be used for marketing research purposes.
- H. Redeeming Incentives - You may redeem Points once you have accumulated at least 1,000 Points in your Member Account and you choose how you want to redeem the Points, i.e., contribute to a charity, trade for other rewards or incentives, participate in promotional offers, or redeem for cash (check or Paypal). Until you reach the 1,000-Point minimum and until you choose what to do with the Points, the Points are Unearned and have no cash or monetary value. The 1,000-Point minimum may be changed by American Consumer Opinion Panel® from time to time, but not without posting notification on the Site. You may review your Member Account Points at any time by going to www.acop.com and clicking on "Login" and logging in with your email address and password. If you choose to redeem Points for cash or money, you will have the choice of payment in U.S. Dollars (USD) or your local currency (converted at the prevailing exchange rate on day of redemption).
- I. Methods of Payment - You can redeem Earned Points for
cash or money either by check or PayPal, or other legal methods at the Site's
To ensure the highest quality for our clientele, American Consumer Opinion® panel must validate all cash-out requests before processing incentives. To do this, we verify name and mailing address, along with survey responses on paid surveys. We also verify that each response is answered in a reasonable time period and that responses are not invalidated due to "cheater traps" or other deceitful means, as this breaks our member agreement to ensure honest answers. This process could take up to 30 days. Once validated, American Consumer Opinion® will process your transaction within 6 to 8 weeks.
American Consumer Opinion Panel® If you choose to receive payment by check and fail to deposit or cash the check for a period of two (2) years, the check will become null and void, and an equivalent number of Points will be credited to your Member Account. Thereafter, you may redeem any Earned Points in your Member Account at any time. Similarly, if you choose to receive payment by PayPal and the payment is returned to us as "unclaimed," "denied," or "returned," we will notify you by email and mail a check to you. If that check is not cashed in two (2) years, the check will become null and void, and an equivalent number of Points will be credited to your Member Account, and you may redeem any Earned Points in your Member Account at any time thereafter. At the time you redeem your Earned Points, you will always have the option to donate your Points to any one of the charities listed on the Site. Donations to these charities will be accumulated and transferred to the charities once every 12 months.
From time to time, other redemption options might be offered, such as redeeming Earned Points into frequent flyer miles, hotel points, magazine subscriptions, gift cards at various retailers, and so on.
- J. Non-Compliant Member Accounts - If you fail to maintain a current and accurate email address in your Member Account at the Site, your Member status and Member Account become Non-Compliant. Even if you maintain a current and accurate email address at the Site, if you fail to respond to email or other electronic communications on thirty (30) consecutive occasions or for eighteen (18) consecutive months, whichever comes first, American Consumer Opinion Panel® will place your Member Account on Non-Compliant status. Prior to such a change in status, you will receive an email or other electronic notification from us that your Member Account is in danger of becoming Non-Compliant. If you respond to that email notification by following the link provided in the email, you will remain a Compliant Member of American Consumer Opinion Panel®. If you do not respond to the email or other electronic notification within thirty (30) days, your Member Account will be placed on Non-Compliant status. Once your Member Account is on Non-Compliant status, you will have 12 months to contact us to reactivate your Member Account. If you fail to contact us during this 12-month time period, you hereby agree that any Points in your Member Account have no value and will not become Earned, and further agree that you never accrued a contractual or other claim to them. Member Accounts that are Non-Compliant will not receive additional invitations to participate in Research Projects, nor will any Points in those Member Accounts become Earned.
- K. NOT A FINANCIAL INSTITUTION - BY COMPLETING THE REGISTRATION FORM, BY ACCEPTING THIS AGREEMENT BY CLICKING "I AGREE," BY UTILIZING THE American Consumer Opinion Panel® INCENTIVE PROGRAM, AND BY PARTICIPATING IN RESEARCH PROJECTS, YOU ACKNOWLEDGE AND AGREE THAT AMERICAN CONSUMER OPINION PANEL® IS NOT A BANK OR ANY OTHER KIND OR FORM OF FINANCIAL INSTITUTION AND THAT American Consumer Opinion Panel® DOES NOT MAINTAIN YOUR MEMBER ACCOUNT FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED HEREIN. YOU AGREE THAT THE POINTS ADDED TO YOUR MEMBER ACCOUNT HAVE NO CASH OR MONETARY VALUE UNTIL EARNED, IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU FURTHER AGREE THAT YOU MAY ONLY REDEEM THE POINTS IN YOUR ACCOUNT IN THE MANNER AND ACCORDING TO THE PROCEDURES DESCRIBED IN THIS AGREEMENT, WHICH MAY BE AMENDED FROM TIME TO TIME.
- L. Your Right to Cancel Your Account - You may cancel your Member Account at any time by contacting American Consumer Opinion Panel® at email@example.com, or by logging in to your Member Account and following the "Delete Account" link provided. If you cancel your Member Account, Points in your Member Account will not become Earned Points.
9. Access and Interference
You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in the above paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host's computers or other infrastructure.
10. Use of Contents
11. Use of Site
In particular, but without limitation, you agree and represent not to use the Site to:
- (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
- (b) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- (c) upload, post, email or otherwise transmit any material for the purpose of conducting any deceptive trade practice, fraud, unfair competition, or anti-competitive activity;
- (d) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- (e) upload, post, email or otherwise transmit any content that you do not have the right to publicize under law (such as insider trading information);
- (f) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
- (g) upload, post, email or otherwise transmit or post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or upload, post, email or otherwise transmit the same information more than once or "spam" or any other form of solicitation;
- (h) use automated scripts to collect information from or otherwise interact with the Site;
- (i) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
- (j) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Violating these "Use of Site" terms of this Agreement may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed required by us. The IP addresses of all users of the Site may be recorded to aid in enforcing this Agreement."
13. Disclaimer of Warranties
We are not liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider or network operator.