Last Updated: October 17, 2018
PLEASE READ CAREFULLY
The ReceiptPal℠service (as modified from time to time, the "Service") is being provided to you ("You" or a "User") by The NPD Group, Inc. ("We" or "NPD") under the terms and conditions set forth in these Terms of Service (the "Terms"). You accept and agree to the Terms by confirming acceptance of them or by using the Service. Please also read carefully the ReceiptPal App Privacy Notice applicable to the Service.
1.Changes to Terms. NPD may change the Terms at any time. Any changes to the Terms will be made by posting the updated Terms on the Service, as indicated by a new "last updated" date for the Terms. You accept changes by using the Service after we post the changes or, if applicable, by confirming acceptance of the updated Terms. You are responsible for checking the Service for any updated Terms.
2.Grant of License by NPD. NPD grants to you a limited, personal, non-exclusive, non-transferable and revocable license to use the Service only for your own personal, individual and non-commercial purposes relating to storing and viewing receipts for your purchases that are submitted to the Service ("Files") by you or collected by us if you have opted in to automated email or other online account collection. The Service is not intended for any person or entity seeking to use the Service for commercial purposes or for commercial document files. The Service is intended for use in the United States and we reserve the right to restrict access from locations outside the United States. All rights related to the Service not expressly granted by NPD are retained. Upon termination of your Account or the Service, the above license to use the Service will be revoked.
3.Grant of License by You. You grant to NPD the perpetual right and license to use the information derived from the Files relating to receipts for any purpose relating to NPD's business and the business of its affiliates and consistent with the Privacy Notice.
4.Service Access. Registration is not necessary for use of the Service, but only registered users are eligible to participate in NPD's ReceiptPal rewards program (as described in the NPD ReceiptPal Rewards Program Official Rules). You may only have one account for the Service. NPD may refuse registration to any person for any lawful reason or for no reason, in the discretion of NPD. Further, NPD in its sole discretion may regulate access to the Service based on certain demographics, including but not limited to gender and age, for the purpose of improving or enhancing NPD's services and/or the Service. Such registration may prevent certain users from gaining access to the Service. NPD will notify these users via email or push notification when they are eligible for registration. For registration, you must have a valid, registered user account ("Account"). Your Account may be accessed and used only by authorized individuals who are registered with NPD. Your Account will be maintained by you and is non-transferable and your Account may not be shared with other individuals. YOU CONFIRM AND AGREE THAT YOUR ACCOUNT MAY NOT BE USED BY ANY OTHER INDIVIDUAL. You agree to take sole responsibility for any activities or actions in using the Service, whether or not you have authorized such activities or actions. You will immediately notify NPD of any unauthorized use of the Service. We may notice activity within a user's account which could indicate duplicate submissions - we may send an email to the user to remind them of our Terms; the same could apply to people who appear to be collecting receipts of other people and submitting them as though they were their own.
5. Lawful and Permitted Use of Service. You agree to be solely and completely responsible for your use of the Service, including all of your transmissions onto and off of the Service and the content of the Files. When using the Service, you agree to follow all applicable laws and not to make use of the Service for any purpose which is illegal. You agree that you will not transmit Files which include medical, prescription or health information; social security or driver's license numbers; financial institution, credit or debit card numbers; utility bills, mortgage statements, insurance information and inclusion of such information will be a violation of these Terms. Although NPD has no obligation to monitor the use of the Service by any particular user, it reserves the right to do so to assure compliance with the Terms or if it otherwise deems it necessary in its sole discretion. Any exercise of discretion by NPD with respect to the Files will not imply control or responsibility by NPD for purposes of any liability.
6.Security. We take certain steps to provide security for the Files. For example, transmission of the Files to our servers uses an SSL certificate that supports up to 256 bit encryption. Access to the Files is restricted to a limited number of authorized personnel: only employees or contractors who need the information to perform a specific job are granted access to the Files.
7.No Guarantee. You acknowledge and agree that you will not rely on the Service for any reason. We cannot guarantee that the Files will not be subject to misappropriation, loss or damage and we will not be liable in any way if they are. NPD will have no responsibility for, and does not guarantee, the integrity, completeness or availability of the Files. You agree to assume all risk of loss of the Files. Without limiting the foregoing, you are responsible for making your own independent backup of the Files and for all costs and expenses that you or others may incur with respect to restoring and/or recreating any data and information that is lost or damaged in connection with your use of the Service.
8. Changes to the Service; Termination; Deletion of Files . NPD reserves the right in its sole discretion to change or discontinue the Service (permanently or temporarily) at any time, with or without notice and for any reason. NPD may terminate or suspend your Account for any lawful reason or for no reason, in the discretion of NPD. If your Account is suspended or terminated for any reason, you acknowledge that you will be prevented from accessing the Service, your Account or the Files whether or not contained in your Account. NPD will be in no way liable for any consequence to anyone or anything which results from our decisions regarding continuing, changing, or discontinuing the Service or any features of the Service. Further, NPD will not be liable for forwarding, retrieving or returning any Files. We reserve the right to impose storage or other limits on use of the Service. We may also restrict or terminate your access to the Service if we determine that your use of the Service violates the Terms or substantially exceeds normal use by other users. You will not be able to delete Files that have been uploaded to the Service, even upon termination of your Account.
9.Software. We may make available to you, from time to time, software for your use in connection with the Service (collectively, the "Software"). Unless and to the extent specifically provided otherwise in the Software or related documentation, you may use the Software only in connection with the Service and you may not (a) separate any individual component of the Software for use other than in connection with the Service, (b) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, (c) transfer it for use with another service, (d) sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part, or (e) modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software. We may discontinue some or all of any Software at any time. We may also terminate your right to use any Software at any time and in such event may modify it to make it inoperable or take other actions as needed to restrict access to or availability of the Software. In order to keep your Software up-to-date, we may automatically provide you with updates/upgrades to the Software. You agree to comply with all export and re-export restrictions and regulations and to not transfer, or encourage, assist, or authorize the transfer of the Software to a prohibited country, or otherwise in violation of any applicable restrictions or regulations.
10.Access Fees and Charges. You are responsible for any internet access charges or mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your internet service provider or wireless carrier) in connection with your use of the Service, including your access to the Files using the Service and transfer of the Files to and from the Service.
11.Disclaimer of Warranties. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE. WHILE NPD PROVIDES SECURITY AND OTHERWISE SAFEGUARD USERS' FILES STORED IN CONNECTION WITH THE SERVICE, NPD CANNOT BE RESPONSIBLE FOR ANY LOSS OF DOCUMENTS, FILES, MATERIALS OR OTHER DATA THAT MAY RESULT BY REASON OF ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY SECURITY BREACH OR ANY ACT OR OMISSION OF ANY PERSON OR ENTITY, INCLUDING NPD OR ITS AGENTS. NPD WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER OR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. AS WITH ANY INTERNET-BASED SERVICE, TECHNICAL FACTORS SUCH AS BANDWIDTH, NETWORK CONFIGURATIONS, CELLULAR AND OTHER NETWORK LIMITATIONS, AND BROWSER SETTINGS CAN AFFECT YOUR SPEED AND ACCESSIBILITY TO THE SERVICE, THEREFORE, NPD ALSO CANNOT GUARANTEE THE ACCESSIBILIITY AND AVAILABILITY OF THE SERVICE TO YOU. YOU AGREE THAT THE SERVICE COMES WITH NO WARRANTY AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. NPD EXPRESSLY DISCLAIMS EVERY TYPE OF WARRANTY WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, IF ANYONE WHO IS AN EMPLOYEE OR AGENT OF NPD MAKES A STATEMENT OF ANY SORT, IT WILL NOT BE CONSTRUED AS A WARRANTY. IF BY LAW SUCH EXCLUSIONS ARE NOT ALLOWED BECAUSE OF YOUR JURISDICTION'S RULES CONCERNING THE DISCLAIMER OF WARRANTIES, THEN THE EXCLUSIONS WHICH ARE DISALLOWED BY LAW WILL NOT APPLY TO YOU.
12.Limitation of Liability. YOU ALSO AGREE THAT NEITHER NPD NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS OR THEIR, OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS WILL BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LIABILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHICH RESULT FROM USE, ERRORS, SECURITY BREACHES, OR ANYTHING ELSE RELATED TO YOUR USE OF THE SERVICE, INABILITY TO USE OR RESTRICTION ON USE OF THE SERVICE, OR THE TERMINATION OF YOUR ACCOUNT OR THE SERVICE. THE LIMITATIONS ON NPD'S LIABILITY WILL APPLY WHETHER OR NOT NPD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU AGREE THAT THE AGGREGATE LIABILITY OF NPD TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO TWENTY ($20) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NPD AND YOU.
13.Indemnification. You agree to indemnify and hold NPD and its affiliates, and its and their officers, shareholders, directors, employees, partners, suppliers or agents harmless from any and all demands, claims, liabilities, losses, settlements, costs and expenses (including reasonable attorneys' fees) which arise out of or are in any way related to your use of the Service or the termination of your Account or the Service.
14.Intellectual Property. You understand and agree that the Service is protected by trademarks, copyright, service marks, or other property rights and laws. Therefore, you must have appropriate authorization before reproducing, distributing, copying, or taking and changing any of the contents of the Service.
15.Severability. If anything in the Terms is found by the appropriate legal jurisdiction and authority to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of the Terms will not be affected and those provisions will remain in full force and effect.
16.Waiver. If NPD fails to act on any of the Terms, such failure is not to be construed as a waiver of any provision of the Terms unless NPD agrees to any such waiver in writing.
17.Applicable Law. You agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and NPD. You further agree that any claim, cause of action or suit related to the Service or the Terms must be filed within one year after such cause of action arose.
18. E-mail, push and in-app Communications. You agree to receive e-mail, push and in-app communications from NPD, which may include account and promotional notifications.
19.No agency. NPD is not your agent with respect to the Service and no legal relationship is established between you and NPD except as may be expressly stated in the Terms.
The NPD ReceiptPal ℠ Rewards Program
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. MANY WILL ENTER, A FEW WILL WIN. BY REGISTERING FOR THE RECEIPTPAL ℠ REWARDSs PROGRAM, YOU (AND YOUR PARENT OR LEGAL GUARDIAN, IF YOU ARE AN ELIGIBLE MINOR) AGREE TO BE BOUND BY THESE OFFICIAL RULES. THE NPD GROUP, INC. ("SPONSOR") RESERVES THE RIGHT TO MODIFY OR TERMINATE THE PROGRAM AT ANY TIME AND IN ANY MANNER EVEN THOUGH THIS MAY AFFECT THE REDEMPTION VALUE OF THE REWARDS POINTS ALREADY ACCUMULATED OR THE AVAILABILITY OF REDEEMABLE MERCHANDISE.
OVERVIEW: The ReceiptPal℠Rewards Program (the "Program") consists of a rewards program in which participants can earn points that can be redeemed for merchandise in an online rewards store, and a sweepstakes in which participants can receive entries into weekly drawings for the chance to win prizes (the "Sweepstakes"). The Program begins on October 1, 2017 at 12:01 a.m. ET and ends on October 31, 2019 at 11:59 p.m. ET (the "Program Period"). Unless otherwise indicated all times are Eastern Time.
ELIGIBILITY: The Program is only open to legal residents of the United States, 13 years of age and older. This Program is not open to employees of The NPD Group, Inc. or its affiliates, licensees, parents, franchisees, subsidiaries, advertising or promotion agencies or members of the immediate family or household of each. For purposes of clarification, "immediate family" means parents, children, siblings and spouse, regardless of where they reside. Void where prohibited.
HOW THE PROGRAM WORKS:
EARN POINTS:ReceiptPal participants will be issued five virtual punch cards with four slots on each card. For each Valid Receipt you submit or which has been collected by NPD on your behalf if you have opted into automated email or other online account collection, the participant will receive 1 check mark with a maximum of 4 check marks per punch card. A Valid Receipt is defined as a receipt that contains the retailer name, date of purchase, item(s) purchased (to the extent itemized on the receipt), and price(s) and the receipt must be submitted or collected by NPD within the Purchase Week. Purchase Week is defined as Sunday through Saturday of the week which the purchased occurred, with submission required no later than Tuesday of the following week. Duplicate receipts, receipts of purchases made by others outside your household, historical receipts and receipts containing blurry images not readable by our system will not be considered a Valid Receipt. Participants who fill up one or more punch cards will be issued new virtual punch cards each Sunday, but a participant may not have more than five punch cards at any time. The check mark may not be transferred to a different punch card. Data charges may apply if accessing the App over a wireless network and all charges are the participant's responsibility. All receipts are subject to validation. A receipt may only be submitted one time and by one participant. If something other than a receipt is submitted, or the receipt is deemed to be invalid for any reason, you will not receive credit for that submission. Validation can take up to twenty four (24) hours. If a participant has registered through the ReceiptPal App (“Registered User”), the Registered User can redeem points for merchandise in the online rewards store. After completing a punch card (four check marks for four valid receipts) the participant will receive the total amount of points that is specified on the punch card into their ReceiptPal rewards account. NPD may increase the value of punch cards (i.e., by issuing cards containing more points) for certain participants based on a participant's activity, and/or may offer bonus points for completed punch cards from time to time at its sole discretion.
REDEEM POINTS FOR MERCHANDISE: Registered Users may redeem points for merchandise featured in the reward store available through the App. See the Rewards section of the App for details on how to redeem your points. All merchandise is subject to eligibility and availability on a first-come, first-served basis. The rewards store may be updated from time to time as supplies of certain reward items are exhausted and other reward items are added. Sponsor may also update the number of points required to redeem an item from time to time. Participants are responsible for ensuring that the shipping address provided at the time of registration is accurate and current. Sponsor is not responsible for lost or stolen merchandise. Allow six to eight weeks for shipment of merchandise. Orders for merchandise may not be cancelled after the order is submitted and merchandise may not be returned. After a participant has not submitted any receipts through the image capture feature of the App for 90 days, points and any partially filled punch cards will be forfeited and, if applicable, NPD will cease any automated email or online collection. Points may not be sold or transferred; do not constitute property; do not entitle a participant to a vested right or interest; and have no cash value.
SWEEPSTAKES ENTRIES: All participants will also receive a Sweepstakes entry for each Valid Receipt (entries for the Sweepstakes component can also be submitted using the Alternate Method of Entry described below). An entry received between Monday 12:00 a.m. and Sunday 11:59 p.m. will be entered into the weekly drawing occurring on the Monday that is at least seven days (and no more than 14 days) after the day on which the receipt was validated, regardless of when the receipt was received. Any Valid Receipts received after 11:59 pm on Sunday will be considered in the pool of entries for the period closing the following Sunday at 11:59 p.m. Participant's time zone will govern. Once a participant has completed all allotted punch cards for the week, the participant will receive two Sweepstakes entries for each additional valid receipt that is submitted during that week. However, no additional points will be earned by a participant for Valid Receipts received after all allotted punch cards have been completed. If a participant deletes the App or unsubscribes from the Program, any and all points earned and Sweepstakes entries received will be forfeited.
ALTERNATE METHOD OF ENTRY FOR THE SWEEPSTAKES: In lieu of entering a Sweepstakes prize drawing by providing receipts through the ReceiptPal App, participants may enter a Sweepstakes prize drawing by hand-printing their name, address, telephone number, (email address), year and month of birth on a 3½" x 5" card (without including receipts) and mailing the entry in a postmarked envelope to: ReceiptPal Sweepstakes, BI CG4, 7630 Bush Lake Rd, Minneapolis, MN 55439 USA ("Mail-in Entry"). Mail-in entries must include required postage; postage due mail will not be accepted. A Mail-in Entry will be entered into the weekly drawing occurring on the Monday that is at least seven days (and no more than 14 days) after the day on which the Mail-in Entry is received. Limit one (1) entry per outer postmarked envelope. All Mail-in Entries become the exclusive property of Sponsor and will not be acknowledged nor returned. No mechanical reproductions will be accepted, and all such entries will be void. Any attempt at e-mail or any other method of entry is void. Proof of entry submission will not be deemed to be proof of receipt of entry by Administrator. Neither Sponsor nor Administrator are responsible for misdirected, inaccurate, incomplete, lost, late, delayed, undelivered, postage-due, damaged or illegible entries, and all such entries will be void.
WEEKLY SWEEPSTAKES PRIZE DRAWINGS: Potential sweepstakes winners will be selected in random weekly drawings conducted each Monday during the Program Period. In the event that a Monday is a holiday, the weekly drawing will be conducted on the following Tuesday. Drawings will be conducted by BI WORLDWIDE, an independent judging organization, whose decisions are final and binding on matters relating to this Sweepstakes. Entries will not be carried over into subsequent weekly drawings. Odds of winning depend upon the number of eligible entries received for each drawing. Limit one prize per person per weekly Sweepstakes drawing.
WEEKLY SWEEPSTAKES PRIZES:
One prize of $250 will be awarded in each weekly drawing. Checks must be negotiated within 90 days of being issued.
Note: Taxes, and all other expenses related to the prize not specified herein, if any, are the responsibility of the winner. If the winner is a minor in his or her state of residence, the prize will be awarded to the parent or legal guardian of the minor.
SWEEPSTAKES WINNER NOTIFICATION/VERIFICATION: Potential winners will be notified by e-mail within 5 business days of drawing date. Please add firstname.lastname@example.org to your known / safe sender list to ensure that Program prize notification emails are not moved to your junk email folder. Potential winners, or the winner's parent or legal guardian if winner is a minor, may be required to sign, notarize and return an affidavit/declaration of eligibility/liability and where legal, a publicity release as well as applicable tax information forms within 14 days of notification attempt or an alternate potential winner will be selected, time permitting. If any letter/e-mail notification is returned as undeliverable, the prize will be forfeited and awarded to an alternate potential winner. Should a potential Sweepstakes winner or any other winner decide to decline the prize for any reason whatsoever, Sponsor shall have no further obligation to that potential winner, and an alternate potential winner will be selected. After two unsuccessful attempts to contact an alternate, the Sponsor is not liable to fulfill the prize. Allow 6-8 weeks for prize delivery. Acceptance of prize constitutes winner's agreement and permission for Sponsor to use winner's name and likeness for advertising and trade purposes in any and all media without further notice or compensation, unless prohibited by law.
RELEASE AND GENERAL PROGRAM TERMS: By registering for and participating in the Program, participants agree to release and hold harmless Sponsor and its affiliates, licensees, parents, franchisees, subsidiaries, advertising and promotion agencies and their respective employees, officers, directors, shareholders, successors and assigns (collectively "Releasees") from any and all liability for any injuries, losses or damage of any kind which may arise in connection with this Program or the acceptance and/or use of any merchandise or prize. Unless prohibited by law, any issues concerning the validity, interpretation or enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of law rules which might find otherwise. The Sweepstakes is subject to all applicable federal, state, provincial, municipal and local laws and regulations. The Sponsor has contracted with the Administrator to oversee the administration of this Sweepstakes. The Administrator’s decisions are final.
PRIVACY: Information collected at the time of registration and information you submit in connection with completion of a survey is governed by the Sponsor's Privacy Notice. The only information that is shared with the Administrator is information used for the sole purposes of winner selection, notification, and the fulfillment of prizes/merchandise.
INTERNET: If for any reason this Program (or one of the two components) is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Program. Sponsor is not responsible for any problems or technical malfunction of any computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Program or downloading any materials in this Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event that the operation, security, or administration of the Program is impaired in any way for any reason, including, but, not limited to, fraud, human error, virus, regularly-scheduled maintenance, or other technical problems, the Sponsor may, in its sole discretion, either: (a) modify the Program in a manner that best conforms to the spirit of these Official Rules without suspending it; (b) suspend the Program to address the impairment and then resume the Program in a manner that best conforms to the spirit of these Official Rules; or (c) cancel the Program and award the currently weekly prize in a random drawing from among all eligible entries received up to the time of the impairment. Each person may only register for the Program one time and the same email address may not be used to register for two different accounts. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the registered e-mail address. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
WINNERS LIST: The winners of each Sweepstakes Prize Drawing will be provided upon written request sent to the Administrator at the address listed below. Please specify the week(s) for which you are requesting the names of the winners. Requests must be received within 60 days of the drawing.
SPONSOR: The NPD Group, Inc. 900 West Shore Road, Port Washington, NY 11050 USA.
ADMINISTRATOR: BI WORLDWIDE, 7630 Bush Lake Rd, Minneapolis, MN 55439 USA.