Last Updated: February 18, 2021
You are contracting with CampaignTester Inc. (“CampaignTester” or “we” or “our”).
BY DOWNLOADING, ACCESSING OR USING CAMPAIGNTESTER, OR BY REGISTERING FOR A CAMPAIGNTESTER USER ACCOUNT (AS DEFINED BELOW), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TOU; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACKNOWLEDGE THAT YOU ARE PHYSICALLY LOCATED AND RESIDE IN ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA, AND (D) ACCEPT THESE TOU AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS (COLLECTIVELY, THE “REQUIREMENTS”). IF YOU DO NOT AGREE TO THESE REQUIREMENTS, DO NOT DOWNLOAD, ACCESS OR USE CAMPAIGNTESTER REWARDS AND DELETE IT FROM YOUR MOBILE DEVICE.
1. Your CampaignTester User Account
CampaignTester is used by people who are interested in participating in video tests and taking surveys using CampaignTester (“Members”, “Panelists” or “you”). The people who create the video tests and surveys taken by Panelists (“Clients”) are either (i) users of CampaignTester’s services or (ii) a third-party vendor we may use, upon your consent, to map certain non-personal data to specific venues and locations or such third party’s customers, and in both the case of (i) and (ii) are interested in sending surveys to Panelists through CampaignTester. You may only use CampaignTester if you have created a CampaignTester user account (a “CampaignTester User Account”). If you do not meet all the Requirements or do not create a CampaignTester User Account, you should not access or use the CampaignTester application.1.2 One non-transferable account per person.
Your CampaignTester User Account is personal to you, not transferable, and only intended for personal use. You may only have one active CampaignTester User Account at any time. Multiple CampaignTester Rewards User Accounts for any person are subject to termination.1.3 Keep your Password Secure.
If you have been issued a CampaignTester User Account by CampaignTester in connection with your use of the CampaignTester application, you are responsible for safeguarding your password and any other credentials used to access that user account. You, and not CampaignTester, are responsible for any activity occurring in your CampaignTester User Account (other than activity that CampaignTester is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your CampaignTester User Account, you should notify CampaignTester immediately. CampaignTester User Accounts may not be shared and may only be used by one individual per account.1.4 Keep Your Details Accurate.
CampaignTester occasionally sends notices to the email address registered with your CampaignTester User Account. You must keep your email address and, where applicable, your contact details associated with your CampaignTester User Account current and accurate.
2. How CampaignTester Works2.1. Description.
CampaignTester allows Video and Survey Creators to distribute their videos and surveys to you if you have information in your CampaignTester User Account profile that matches the demographic that the Video and Survey Creators wish to target.
Each time you fully complete such an eligible video and survey in accordance with these TOU, you will earn Rewards (as defined below) which you redeem for a Gift Card through our RewardLink” store. The amount of the reward for completing an eligible video and survey will range from $0.50 USD and higher, but we may specify a different amount, or no amount at all, at the time you are presented with a given video and survey.
Occasionally, CampaignTester may invite you to answer questionnaires or “profilers” which gather more profile data (i.e., information about you) so we can send you videos and surveys that better match your interests. Profilers are not eligible surveys and do not earn Rewards unless otherwise specified in CampaignTester.
3. Your Use of the CampaignTester Application
Your use of the CampaignTester application is conditioned upon your compliance with these TOU and any other provisions in CampaignTester governing such use. In the event of your non-compliance with these TOU or any provisions in CampaignTester, fraud, submitting false or untrue survey responses, cheating, or other inappropriate activity (as determined by CampaignTester in its sole discretion), CampaignTester may cancel or invalidate your CampaignTester Account, decline to issue some or all of the Rewards or any request to redeem Rewards Credits for Gift Cards or other reward we choose that have accrued from your completion of videos and surveys, or restrict, block, suspend, limit, terminate, or otherwise prevent your access to and use of the CampaignTester and any Rewards.3.2. Your Responsibilities.
- You are responsible for your conduct and content while using CampaignTester. You must comply with the following requirements when using CampaignTester:
- You may not use, or access CampaignTester for the purpose of building a competitive product or service or for any other competitive purposes.
- You may not misuse CampaignTester by interfering with its normal operation, or attempting to access it using a method other than through the interfaces and instructions that we provide.
- You may not circumvent or attempt to circumvent any limitations that CampaignTester imposes on your CampaignTester Account (such as by opening a new CampaignTester Account when we have closed your CampaignTester Account for a TOU violation).
- Unless authorized by CampaignTester in writing, you may not probe, scan, or test the vulnerability of any CampaignTester system or network.
- Unless authorized by CampaignTester in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces of CampaignTester.
- Unless permitted by applicable law, you may not deny others access to, or reverse engineer, CampaignTester, or attempt to do so.
- You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through CampaignTester.
- You may not engage in abusive or excessive usage of CampaignTester, which is usage significantly more than average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of CampaignTester for other users. CampaignTester may, but is not required to, notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to CampaignTester.
- You may not use CampaignTester to infringe the intellectual property rights of others, or to commit an unlawful activity.
- You may not commit fraud, submit false or untrue survey responses, cheat or undertake other inappropriate activity (as determined by CampaignTester in its sole discretion) in your use of CampaignTester.
- Unless authorized by CampaignTester in writing, you may not resell or lease CampaignTester.
In connection with your use of CampaignTester, you will have the opportunity to accumulate rewards (“Reward”) which you may redeem for Gift Cards.4.2. Terms.
Rewards will only be awarded upon fulfillment of all applicable requirements.
Your earning of Rewards are subject to CampaignTester or its third-party affiliates being able to track and attribute to you the completion of CampaignTester Video tests and surveys.
Rewards credits have no cash value, are non-transferable, and may only be redeemed for Gift Cards or other reward we choose in accordance with the procedures and requirements described in these TOU and CampaignTester Rewards. CampaignTester may modify, at any time without notice: (i) the requirements that must be met in order to earn Rewards Credits, and/or (ii) the procedures and requirements concerning the redemption of Reward Credits for Gift Cards or other reward we choose.
Rewards Credits do not constitute property of yours, cannot be transferred during or after your life, by operation of law or otherwise, and have no value until presented by you for redemption in accordance with these TOU. Rewards Credits will be deducted from your CampaignTester Rewards Credits balance at the time you make a redemption request. Once redeemed, Rewards Credits may not be refunded, and redemptions are non-cancellable.
Any and all federal, state and local income taxes on Rewards Credits, Gift Cards or other reward we choose that you receive are your sole responsibility.
Where possible, CampaignTester may deliver Gift Cards electronically via email. Use of Gift Cards are subject to the terms, conditions and policies of the gift card issuer.
CampaignTester may modify, terminate, discontinue, end or revoke Rewards Credits and/or the Rewards Program at any time in its sole discretion.
CampaignTester will not be responsible for: (a) CampaignTester malfunctions or hardware, network, software, or transmission errors that result in the inability to track or attribute the earning of Rewards Credits within the CampaignTester application, (b) failed or unavailable hardware, network, software or telephone transmissions in connection with the fulfillment of Rewards Credits, (c) incorrect or inaccurate entry information, whether caused by you or by any of the equipment or programming associated with or utilized in Rewards Credits, (d) any typographical or other error in the printing or advertising related to Rewards Credits, in the administration or execution of Rewards Credits, or in the announcement/notification of Rewards Credits received, or (e) cheating or fraud by any CampaignTester user. If a user engages in fraud, cheating or any other abusive activity in connection CampaignTester, any Reward Credits are void with respect to that user and CampaignTester may terminate that user’s CampaignTester User Account.
There are no costs or fees associated with the CampaignTester application or Rewards Credits. Rewards Credits are promotional and have no cash value. In the event we terminate your CampaignTester User Account for any reason, any Rewards Credits associated with your CampaignTester User Account are void.
5. RewardLink Gift Cards
Neither CampaignTester, nor CampaignTester Rewards, is affiliated with or sponsored or endorsed by RewardLink by Tango Card Inc. (“RewardLink”). RewardLink is not a sponsor of the Reward Credits. RewardLink, Tango Card Inc., are trademarks of Tango Card Inc. or its affiliates.
6. Intellectual Property
6.1 Reservation of Rights.
Neither these TOU nor your use of CampaignTester grants you ownership in CampaignTester or the content you access through CampaignTester (other than your content). CampaignTester reserves and shall retain its entire right, title, and interest in and to CampaignTester, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto. 6.2 Copyright Claims (DCMA Notices).
CampaignTester Inc. responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify CampaignTester’s agent for claims of copyright infringement
7. Disclaimer of Warranties
7.1 Disclaimer of Warranties.
While it is in CampaignTester’s interest to provide you with a great experience when using CampaignTester application (and we love to please our customers), there are certain things we do not promise about CampaignTester. We try to keep the CampaignTester application accessible, but the CampaignTester application may be unavailable from time to time for various reasons. CAMPAIGNTESTER, REWARDS AND RELATED SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CAMPAIGNTESTER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND MAKES NO REPRESENTATIONS OF ANY KIND REGARDING THE AVAILABILITY, RELIABILITY, OR ACCURACY OF CAMPAIGNTESTER, REWARDS AND RELATED SERVICES.
8. Limitation of Liability
8.1 Exclusion of Certain Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CAMPAIGNTESTER, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE CAMPAIGNTESTER REWARDS, REWARDS PROGRAM AND THESE TOU, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CAMPAIGNTESTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. Applicable Laws
9.1 Governing Law.
These TOU are governed by the laws of the State of Florida (without regard to its conflict of law provisions).9.2 Jurisdiction.
Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Palm Beach County, Florida, and the federal courts located in the West Palm Beach, Florida with respect to the subject matter of these TOU.
10. Third Party Resources
10.1 Third Party Websites and Content.
CampaignTester may publish links in the CampaignTester application to internet websites maintained by third parties. CampaignTester does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with CampaignTester are the property of their respective owners.
11. Your Content
11.1 Collection and Use of Your Content.
In the course of using CampaignTester, you may submit content to CampaignTester (including your personal data, survey responses and the personal data of others such as your referrals) via CampaignTester (your “Content”).11.2 Limited License to Your Content.
You grant CampaignTester a worldwide, perpetual, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, and otherwise exploit your Content, but only for the limited purposes of providing CampaignTester Rewards to you, providing your video testing and survey responses to Clients, and as otherwise permitted by CampaignTester’s CampaignTester Rewards Privacy Notice
together with any specific data use policies, privacy notices and privacy notices provided or disclosed to you. This license also extends to any trusted third parties we work with to the extent necessary to provide the CampaignTester application to you. If you provide CampaignTester with feedback about the CampaignTester application, we may use your feedback without any obligation to you.11.3 Video Testing and Survey Ownership and Confidentiality.
All content and materials used in a CampaignTester video testing and surveys are subject to intellectual property rights owned or licensed by the Client. You do not obtain any intellectual property rights to the questions asked in such surveys by accessing or completing them. You acknowledge that such video tests and surveys are confidential. You may access them for the sole purpose of responding to them. You agree to keep them in strict confidence and to not disclose their content to any third party, except if required by law.
12. TOU Applicable to Specific Content and Areas of the CampaignTester application
12.1 Specific Content and Areas of the CampaignTester Rewards.
Some areas of or content provided through CampaignTester may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area or content. If there is a conflict or inconsistency between these TOU and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area or content, the latter shall have precedence with respect to your access and use of that area or content of CampaignTester.
You will indemnify, defend and hold harmless CampaignTester and its affiliates, officers, agents, and employees from all losses, claims, expenses, liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third-party claim regarding your Content or in connection with your or your end users’ use or misuse of CampaignTester or breach of these TOU, to the extent that such liabilities, damages and costs were caused by you or your end users.
14. Suspension and Termination of Services
14.1 Termination of Use.
CampaignTester may, in its sole discretion, at any time discontinue providing or limit access to the CampaignTester application. You agree that CampaignTester shall not be liable to you or any third party for any termination or limitation of your access to, or use of, CampaignTester.
15. Other Details
You may not assign these TOU without CampaignTester’s prior written consent, which may be withheld in CampaignTester’s sole discretion. CampaignTester may assign these TOU at any time without notice to you.15.2 Entire Agreement.
These TOU constitute the entire agreement between you and CampaignTester, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.15.3 Independent Contractors.
The relationship between you and CampaignTester is that of independent contractors, and not legal partners, employees, or agents of each other.15.4 Interpretation.
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.15.5 No Waiver.
A party’s failure or delay enforcing a provision under these TOU is not a waiver of its right to do so later.15.6 Severability.
If any provision of these TOU is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of these TOU will remain in full effect.15.7 Third Party Beneficiaries.
There are no third-party beneficiaries to these TOU.15.8 Language.
These TOU are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where they are prohibited by applicable law.
16. Changes and Updates
16.1 Changes to TOU.
CampaignTester may change these TOU at any time for a variety of reasons, such as to reflect changes in applicable law or updates to CampaignTester, and to account for new features or functionality. The most current version will always be posted on the CampaignTester website. If an amendment is material, as determined in CampaignTester’s sole discretion, CampaignTester will notify you by email. Notice of amendments may also be posted to CampaignTester’s blog or upon your login to your CampaignTester User Account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require CampaignTester to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the TOU, you should stop using CampaignTester Rewards, because by continuing to use CampaignTester you indicate your agreement to be bound by the updated TOU.16.2 Changes to the CampaignTester Application.
CampaignTester constantly changes and improves the CampaignTester application. CampaignTester may add, alter, or remove functionality from the CampaignTester application at any time without prior notice. CampaignTester may also limit, suspend, or discontinue CampaignTester application, in whole or in part, at its discretion. CampaignTester may remove content from CampaignTester at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.