Terms and Conditions
This following Agreement terms and conditions govern the access and usage of our services (the "Web Services") and the materials available therein ("Materials").
Please read this Agreement carefully before accessing or using our Web Services and the Materials. By accessing or using the Web Services and Materials, you agree to be bound by the terms and conditions set forth below. If you don't have the legal authority to bind, please do not register with us. If you utilize the Web Services in a manner inconsistent with these terms and conditions, the Company may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. The Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Web Services and Materials shall be deemed your conclusive acceptance of the modified Agreement.
AUTHORIZED COMMUNICATIONS; INFORMATION YOU PROVIDE TO THE COMPANY
By utilizing the Web Services or Materials, you acknowledge that you have agreed to receive electronic mail, telephone calls, postal mail, and other communications from the Company, its agents, affiliates, independent contractors, successors, and assigns. You agree that the Company may contact you with regard to these Terms and Conditions, the Web Services and Materials, opportunities in which you may be interested, and other related purposes.
To earn your reward, you must: 1) be a U.S. resident and be eighteen (18) years of age or over; 2) provide all complete and accurate registration information; 3) complete the entire qualifying survey; 4) review our offers; 5) For Walmart / Vape gift card, complete the required number of Silver, Gold and Platinum (total of five ) offers which are split into three (3) tiers based on the incentive’s value. For Restaurant.com gift card, complete any three (3) offers on the gift card page. Offers are completed when you fulfill the individual requirements of each offer (may require purchase or joining a paid subscription program. Completion of offers must be done within thirty (30) days from when you complete your first offer. Offers and Gifts are limited to one (1) offer per household (persons living at the same address) within any twelve (12) calendar month period. The SurveyPremium Offer Chart contains the terms of several of our offers, including descriptions, initial commitments, ongoing obligations and how to cancel. We reserve the right to substitute a gift card of greater or equivalent value for any offer. Failure to follow guidelines will result in disqualification.
SurveyPremium administers this website and does not claim to represent or own any of the trademarks, trade names or rights associated with the displayed brands or any of the incentives which are the property of their respective owners who do not own, endorse or promote SurveyPremium or this promotion.
You must use the same accurate contact information for completing the required Offers as you did during the registration process. If you don’t complete all of the requisite Offers during your initial visit to this Website, register again with your previous email id that will enable you to resume signing up for Offers or contact customer support who will provide you with a re-entry link. You should retain any confirmation emails or other documentation received applicable to the completed Offers. You cannot sign up for the same Offer more than once to get credit for an Incentive.
For a subscription or purchase Offer, the advertiser must be able to successfully bill your credit card at least once or for the number of times specified in the particular offers terms to receive credit. Some of our advertisers will not accept prepaid cards to complete offers. You will not be credited with completing an Offer unless the advertiser confirms your completion, so do not use a prepaid card for Offers or cancel an Offer right after you signup. Many advertisers will not give credit to a “quick cancel.”. For this reason, there may be a delay from the time you sign up for an Offer and when it appears as a completed Offer on your Incentive Status. Additional terms and conditions may apply to participate in select marketing Offers. You should read the terms of each offer provided by the advertiser for an explanation of these terms (if applicable) . The Offer Chart provides important information on many of the offers including initial cost, ongoing obligations and how to cancel. If you have questions about any offers, please review the chart or contact the third party sponsor/advertiser. Customer support is also available to provide assistance.
We rely on our users providing accurate registration information so we and our Marketing Partners can connect with and market to our users. If your registration information (name, postal address, email address) does not match the information you have registered with, we reserve the right to disqualify you. In some situations, our system may pre-populate inaccurate registration information. If this happens, please contact us here and provide us the correct information so we can update the system.
You cannot complete Offers using a bot or other automated means of signing up or otherwise tamper with our system or attempt to defraud us by using multiple email addresses or other means or otherwise “game” the Program to circumvent the limitations described above. You also cannot use a link to an our Website provided by another person or one obtained outside of our normal marketing channels such as a YouTube video or gaming site or reuse a link that you previously used to claim an Incentive. We may also disqualify you If you access an our Website ‘mid-path’ by skipping the registration and/or survey pages. If we reasonably believe you are attempting to do so, we may void all of your attempts to earn for an Incentive.
Telemarketing and Text Messages.
Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, and text and SMS messages to the telephone number(s) that you provided from us and the Marketing Partners. You are not required to provide this consent to earn an Incentive or purchase any of the other goods or services offered on the our Websites. Your consent simply allows you to be contacted via these means. If you provide consent, we and any of the Marketing Partners may send you SMS messages from their short codes or long codes. Message Frequency Varies, maximum 15 messages per month. Message and data rates may apply. Text STOP to opt-out from future messages and HELP for help or Contact Us. Compatible carriers include: AT&T, Verizon Wireless, Sprint, Boost, Alltel (Verizon Wireless), U.S. Cellular, MetroPCS, T-Mobile ® United Wireless, Virgin Mobile, Boost Mobile, Cellcom, C Spire Wireless CellSouth, Cricket, Cincinnati Bell and Virgin Mobile®. T-Mobile® is not responsible for delayed or undelivered messages.
Any claims you may have under the TCPA against us or any of the Marketing Partners will be subject to the Arbitration/Dispute Resolution provision below.
LICENSE; RESTRICTIONS ON USE
Except for distributions in compliance with these Terms and Conditions, you may not distribute any Materials, Web Services, or software associated with or derived from it, modify, copy, license, or create derivative works from the same, unless you obtain Company's express written permission in advance.
You are granted a nonexclusive, nontransferable, limited license to access and use the Web Services and Materials from time to time made available to you.
This license includes:
(a) The right to display Materials to no more than one person at a time.
(b) The right to obtain a printout of any Web Materials via printing commands of the Web Services and to create a single printout of the Web Materials downloaded via downloading commands of the Web Services (collectively, "Authorized Printouts");
Except as specifically provided herein, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials. You may not print or download any Web Materials without using the printing or downloading commands of the Web Services.
All right, title, and interest (including all copyrights and other intellectual property rights) in the Web Services and Materials (in both print and machine-readable forms) belong to the Covered Party. You acquire no proprietary interest in the Web Services, Materials, or copies thereof.
Except as specifically provided herein, you may not use the Web Services or Materials in any fashion that infringes the copyrights or proprietary interests therein.
You may not remove or obscure the copyright notice or other notices contained in Materials.
ACCESS TO SERVICES
Only subscribers of the Materials may access and use the Web Services.
You may not use an identification number to access the Web Services from outside the country for which it was issued.
You may be restricted from accessing certain Materials otherwise available in the Web Services.
Materials and features may be added to or withdrawn from the Web Services and the Web Services otherwise changed without notice.
COMPANY REPRESENTATIONS; LIMITED WARRANTY
The Company represents and warrants that it has the right and authority to make the Web Services and Materials available pursuant to these Terms and Conditions.
The Company represents and warrants that it shall take all necessary steps to comply with the CAN SPAM Act of 2003 (as the same is amended from time to time) and any and all other applicable laws with respect to advertising and marketing.
The Company and its affiliates, officers, directors, employees, subcontractors, agents, successors, or assigns, make no representations or warranty, express or implied, as to the accuracy, earnings claims, content, and advertising materials on its web sites or in the Materials. In the event that any advertisement is inaccurate, your sole remedy is for the Company to remedy such inaccuracy within fifteen (15) working days of it being notified of the inaccuracy. You understand and agree that the Web content and advertising copy therein solely represents hypothetical examples and does not in any way guaranty income, revenue, or performance of the Web Services and Materials and does not in any way represent explicit or implicit earnings claims for the user.
The content, claims, and representations of independent third-party testimonials from users of the Web Services and Materials is not subject to Company's prior approval and no representation or warranty is given by the Company to the accuracy of such testimonials. The Company does not undertake to review the contents of any testimonials and any such review of, and approval by, the Company shall not be deemed to constitute an acceptance by the Company that such testimonial is provided in accordance with the terms of the Agreement, nor shall it constitute a waiver of the its rights hereunder. You understand and agree that the Web content, claims, and representations of such third party testimonials does not in any way guaranty income, revenue, or performance of the Web Services and Materials and does not in any way represent explicit or implicit earnings claims by the Company for the user.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 4, THE Web SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE Web SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
CUSTOMER'S REPRESENTATIONS AND WARRANTIES
Any buyer, customer, end user, consumer or any other party that utilizes the Web Services or Materials in any way (the "Customer") represents and warrants that Customer will not utilize the Web Services or Materials in such a fashion that will violate any law, statute, ordinance, or regulation, including, without limitation, false or deceptive advertising laws or the CAN SPAM Act of 2003 (as the same is amended from time to time).
Customer represents and warrants that Customer will not utilize the Web Services or Materials to infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary rights.
Customer represents and warrants that Customer will not utilize the Web Services or Materials to display any material that may be considered defamatory, libelous, pornographic, obscene, or contain any viruss, Trojan horses, worms, or other harmful programs.
Customer represents and warrants that Customer is authorized to use the credit card, debit card, or any other payment means which Customer is using to pay for and acquire the Web Services or Materials.
LIMITATION OF LIABILITY
A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Web Services or any Materials available or not included therein, (b) the unavailability or interruption of the Web Services or any features thereof or any Materials, (c) your use of the Web Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Web Services), (d) your use of any equipment in connection with the Web Services, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
"Covered Party" means Surveypremium.com, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Surveypremium.com or its affiliates.
"The Company" means Surveypremium.com.
THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE Web SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE Web SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
These Terms contain a mandatory arbitration provision below that requires you to arbitrate individually any disputes or claims you may have with us and our affiliates, advertiser clients and marketing partners (collectively, “Marketing Partners”) who are third party beneficiaries of the mandatory arbitration provision. For example, if you provide prior express written consent to be contacted via telemarketing or SMS/text messaging, any claims you may have regarding any telemarketing or SMS/text messages you receive are subject to the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on SurveyPremium.
CLAIMING YOUR INCENTIVE
Start the claims process by logging onto the “Redeem Your Gift Card” link. Click the "Request the Gift Card" button if it is highlighted. We will review your claim and confirm whether you have completed all the required steps to earn an Incentive. If one or more offers haven’t registered in our system, we will send a manual credit form via email.
Restaurant.com is the nation’s largest dining deals site with thousands of restaurants, merchants and Web providers nationwide. Customers can search by city, state, zip code, restaurant or cuisine to find the perfect restaurant. Simply select the restaurant and certificate denomination of your choice and present the certificate to your server on your mobile phone or in printed form. They’ll subtract the certificate amount from your total bill and you’ll enjoy a delicious meal – up to 50% off your final bill every time you dine with a certificate! Certificates never expire and come with a 100% customer satisfaction guarantee!
Restaurant.com Terms and Conditions:
*Minimum spend requirements vary and other restrictions apply.
Visit http://Dine.Restaurant.com for complete terms and conditions, participating restaurants and providers.
For Walmart / Vape gift card
Complete the required number of Silver, Gold and Platinum (total of five ) offers which are split into three (3) tiers based on the incentive’s value. Once you have completed the claims process 'Gift card' (or its equivalent value) - you have earned will be sent to you.
If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of Company. None of the Submissions shall be subject to any obligation of confidentiality on the part of Company, and Company shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
TELEMARKETING AND TEXT MESSAGES
Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, and text and SMS messages to the telephone number(s) that you provided from us and the Marketing Partners. You are not required to provide this consent to earn an Incentive or purchase any of the other goods or services offered on the SurveyPremium Websites. Your consent simply allows you to be contacted via these means. If you provide consent, we and any of the Marketing Partners may send you SMS messages from their short codes or long codes. Message Frequency Varies, maximum 15 messages per month. Message and data rates may apply. Text STOP to opt-out from future messages and HELP for help or Contact Us. Carriers are not responsible for delayed or undelivered messages.
You are responsible for all local, state, and federal taxes on any Incentive you receive.
AGREEMENT: CHOISE OF LAW/JURISDICTION AND VENUE
You agree that these Terms & Conditions constitute the agreement between us and that Illinois law controls, without regard to conflicts of law provisions. Any dispute that is not resolved by arbitration and proceeds in a state or federal court will be adjudicated in a court in the state of Cook County, State of Illinois. You expressly waive any defense or objection to venue or personal jurisdiction.
If you have a dispute concerning any aspect of these Terms & Conditions, the SurveyPremium Website, your participation in a Promotion, entitlement to an Incentive or a telemarketing call or SMS/text message you received from us or a Marketing Partner, you should first contact customer support on the our Website or complete a customer support ticket. We will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of a customer support ticket. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, or we can't otherwise satisfactorily resolve your dispute, or you chose to skip this step, you must submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration Web by following the instructions at https://apps.adr.org/webfile/. If the claim is against us, you will need our mailing address to file Web. To obtain our mailing address, contact us by writing to suppport team.
Any claims you may have under the TCPA against us or any of the Marketing Partners will be subject to the Arbitration/Dispute Resolution provision below.
If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in Chicago, IL. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of the Terms & Conditions, including this provision, are unenforceable.
If you proceed to arbitration against us, we will pay all AAA filing, administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration against us and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit.
Opt-Out of Arbitration/Class Action Waiver. The Terms & Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first register on the SurveyPremium Website.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US OR MARKETING PARTNERS, OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
Small Claims Court. You may choose to pursue your dispute or claim in small claims court rather than by arbitration if your dispute or claim qualifies for small claims court in a location where jurisdiction and venue over you and SurveyPremium is proper.
The Company reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, so that you will be apprised of any changes. Your continued use of the Web Services or Materials after any such change shall constitute your express consent to be bound by such changes.
Charges and payment terms may be changed in accordance with the applicable price schedule; all other provisions may be changed by the Company immediately. Your access to the Web Services may be terminated immediately upon notice to the provider of the Web Services if any change is unacceptable. Continued use of the Web Services following any change constitutes acceptance of the change.
The Company may terminate your access to the Web Services. The effective date of termination shall be ten (10) days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The Company may suspend or discontinue providing the Web Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Web Services by the Company. Notices shall be deemed to have been properly given on the date deposited in the U.S. mail, if mailed; on the date first made available, if displayed in the Web Services; or on the date received, if delivered in any other manner. Notices to the Company should be sent to: 411 Walnut Street PMB 7603, Green Cove Springs, FL 32043
The failure of the Company or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceable shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
You may not assign your rights or delegate your duties under your access to the Web Services without the prior written consent of the Company. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Cook County, State of Illinois.