These Terms and Conditions (“Terms” or “Agreement”) apply to your use of the ScanRewards™ mobile application, website or other consumer facing services, as modified from time to time (collectively known as “ScanRewards”, the “App” or the “Service”) that are provided to you (“you” or a “App User”) by NielsenIQ Services UK and/or one or more of the NielsenIQ group of companies (collectively, “NielsenIQ”, also referred to in these Terms as “we”, “us”, or “our”). The Terms represent a legal agreement between You and NielsenIQ. You accept and agree to the Terms by confirming acceptance of the Terms and by downloading, accessing or using ScanRewards. If you do not agree to the Terms, you may not use ScanRewards.
1. PARTICIPATION REQUIREMENTS
1.1 Terms
You must agree to these Terms in order to participate in ScanRewards. You must also complete the ScanRewards registration process and become a registered App User.
1.2 Age and Residency; Other
In order to register and use ScanRewards, you must be (and, by so registering, you are confirming that you are) (a) at least 18 years of age or older; and (b) a permanent resident of [INSERT RELEVANT LOCAL COUNTRY].. If you do not meet these minimum age requirements, permanent residency requirements and other stated eligibility requirements, you may not use ScanRewards or accept the Terms.
1.3 Changes to
These Terms and the ScanRewards Privacy Notice (the “Privacy Notice”) are subject to change at any time. You are responsible for checking for updated Terms and Privacy Notice each time you use the Service. Any changes to the Terms will be made by posting the updated version and amending the “Effective Date” at the top of the applicable updated version and such modified or amended Terms shall be effective as to you and your use of ScanRewards as of that revision date. Your continued use of the Services will constitute your acceptance of any such changes to the Terms or, if applicable, you may be required to confirm acceptance to continue to use the Services.
1.4 Changes to Services; Termination
NielsenIQ may suspend or terminate your participation in ScanRewards and/or access to the Service at any time and for any reason, in our sole discretion, including without limitation for improper or fraudulent use of the Service or other violation of these Terms. NielsenIQ may also change your App User membership status at any time based on your participation and activity level. We also reserve the right to terminate, withdraw or modify the Services at any time. We may notify you of any material change to the Service via one of the notification methods described in Section 3.5 below. Your continued use of the Services will constitute your acceptance of any such changes or, if applicable, you may be required to confirm acceptance to continue to use the Services. You may terminate your participation in ScanRewards at any time by unsubscribing as an App User or as otherwise specified by NielsenIQ. Please see the Privacy Notice for terms regarding the cessation of processing and storage of your personal data in such event. Upon any such termination of your participation, NielsenIQ may continue to store and use the information collected via the App in accordance with the terms of the Privacy Notice. If your access to ScanRewards is terminated for any reason, you acknowledge that you will be prevented from using the Service, including accessing/viewing your receipt information, earning rewards and/or redeeming rewards, and NielsenIQ will not be responsible for forwarding, retrieving or returning any receipt information.
2. REGISTRATION
2.1 User Account
2.1 User Account. Your participation in ScanRewards requires you to download and install the ScanRewards App on certain compatible devices and from certain compatible mobile application stores or other digital distribution platforms, such as the App Store (for iOS devices) and Google Play (for Android devices). In order to use ScanRewards, you must create an account and become a registered App User. You agree that you are the owner or authorized user of any device used to download ScanRewards and that your registration will use only an actual email address owned and operated by you and that you are authorized to use for these purposes. You may only have one account for the Service and may not use ScanRewards through an account of any third party; your friends and families may download and use ScanRewards by registering under their own separate accounts. You are responsible for any internet or data access charges you may incur in using your device to access the Service (such as your internet and/or wireless service provider charges). You are solely responsible for your own registration and all use of the Service under your account. Your account is non-transferable and may not be shared with other individuals. You will keep your account and log-in and password information confidential and restrict access to others. You agree to immediately notify us of any unauthorized use of your login details or account. We have the right to disable any user name or password or your account access at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms. 2.2 Additional Registration Information. You will be asked to provide certain registration details and other information, including identification and contact details and demographic information (such as gender, age, race). The Privacy Notice will govern our collection, storage, use and sharing of your personal information. It is a condition of your participation in and use of the Service that all the information you provide through the Service is correct, up to date and complete. You agree to use Service only for the purposes of the ScanRewards participation and in accordance with these Terms and applicable law.
2.2 Additional Registration Information
Additional Registration Information. You will be asked to provide certain registration details and other information, including identification and contact details and demographic information (such as gender, age, race). The Privacy Notice will govern our collection, storage, use and sharing of your personal information. It is a condition of your participation in and use of the Service that all the information you provide through the Service is correct, up to date and complete. You agree to use Service only for the purposes of the ScanRewards participation and in accordance with these Terms and applicable law.
2.3 Restrictions
We may decline your registration and/or restrict access to all or any portion of the Service based on whether your profile meets certain demographic requirements, such as gender and age, for the purpose of improving the representation on our consumer panel. We may refuse registration to any person for any lawful reason or for no reason, in our sole discretion.
2.4 Confidentiality of App User Participation
See our Privacy Notice regarding how we use your data and other panelist data to develop market research products and services.
3. USE OF THE SCANREWARDS SERVICE
3.1 ScanRewards is a mobile application that enables App User consumer shoppers to share shopping trip receipts and related shopping information and earn rewards for participation. NielsenIQ uses the shopper panel information in its market research and information services to provide manufacturers, retailers and other companies with data to better understand shopper purchasing habits and trends and inform product development and marketing decisions. If the functionality is available in your country of residence, the ScanRewards App will enable you to capture and submit digital images of receipts that you receive for purchasing certain goods and services. If the ScanRewards functionality is available in your country of residence and if you have opted into automated email collection or other online account collection (e.g., retailer account), we may obtain your receipt information automatically and directly from your email or online retailer account(s). You grant NielsenIQ the perpetual right and license to use the information derived from the receipts and related shopping information submitted to or collected through the Service for any purpose relating to the business of NielsenIQ and our affiliates and consistent with the Privacy Notice.
3.2 From time to time, we may also present you with surveys within the ScanRewards App itself or send you emails containing links to surveys in which you may be asked to participate (and completion of certain surveys may be required to continue to use the Services and participate in the rewards program). The Privacy Notice governs our collection, storage, use and sharing of your personal information in connection with these activities
3.3 You agree to follow all instructions provided by NielsenIQ for installation and use of the ScanRewards App and Service. You will not engage in any activity that, in our sole discretion, could disrupt, impair, overburden or otherwise interfere with the performance or proper operation of the ScanRewards App and overall Service by any user, or the servers or networks connected to the App, nor will you attempt to gain unauthorized access to any part of the Service. See Section 5 of these Terms for additional restrictions on use. We may automatically download or install ScanRewards updates from time to time; on request, you agree to consent to such updates as soon as practicable.
3.4 Receipt images uploaded to the ScanRewards App or otherwise collected via the Service must legibly include certain purchase transaction activity described in the App, including store name, all individual items purchased and their respective prices, the total amount paid and the purchase date and time, all of which need to be clearly visible and the receipt not older than seven days (or such other period as may be specified in the App). The same receipt may not be uploaded more than once. You may only submit real, unmodified receipts for shopping transactions that you were part of. Other receipt requirements may be specified in the App
3.5 ScanRewards will send you, and you agree to receive, notifications and communications related to your ScanRewards participation (including surveys and rewards information, as well as account notifications and changes to the Service) within the App itself (via push, pop-up and other in-app communications), by email, by phone or by any other appropriate method. We may also provide, and you agree to receive, other information regarding our business which may include other NielsenIQ apps, services and events as well as other information that may be of interest to you regarding our company.
4. SCANREWARDS REWARDS; REDEMPTION
Reward redemptions must be made within the ScanRewards App. You will earn rewards for your participation in ScanRewards, including submission of valid shopping receipts and related shopping information, in the form of points, chances to participate in sweepstakes and/or other rewards as described in the ScanRewards App and/or other notification regarding the rewards program rules which may be posted from time to time. Receipts are subject to validation. We may change your App User membership status at any time based on your participation and activity level. By participating in ScanRewards, you agree to comply with the applicable reward requirements and rules. We reserve the right to change the reward requirements and redemption options, and/or to modify or discontinue a particular reward. We may contact you to remind you of the Terms, decline to validate certain receipts and/or suspend or terminate your ScanRewards account if we notice or suspect fraudulent activity (such as historical receipts, duplicate receipt submissions, modified or altered receipts, blurry receipts that are not readable by our Service and/or receipt submissions that do not appear to be the direct result of your shopping activity). You are responsible for any taxes associated with reward redemptions. If your access to the Service is terminated for any reason, you will be prevented from using the Service, including the App, and all earned points will immediately be forfeited and your ability to earn rewards, participate in sweepstakes or other rewards programs and/or redeem earned rewards will terminate.
5. LICENSE TO USE THE SERVICE; RESTRICTIONS ON USE
5.1 Subject to these Terms, NielsenIQ grants you a limited, personal, non-exclusive, non-transferable and revocable license to use the Service solely for your own personal, individual and non-commercial purposes relating to storing and viewing receipts for your purchases that are submitted or collected through the Service and otherwise enabling your proper participation in ScanRewards. All rights not expressly granted by NielsenIQ are retained. Upon termination of your account or the Service, the license to use the Service will be terminated. The Service is intended for use in the United Kingdom and we reserve the right to restrict access from locations outside of The United Kingdom
5.2 NielsenIQ shall have sole and exclusive ownership of all right, title and interest in and to ScanRewards. All the information, materials, text, images, graphics, visual interfaces, sounds, software, logos, content and other components in this Service (the "Materials") are proprietary to NielsenIQ (or its third party licensors) and are protected by United States and international copyright, trademark and other applicable intellectual property rights or laws. The Materials, including any software embodied in the Service, may be accessed, viewed and used by you solely to the extent necessary for you to use the Service for the licensed purposes. Materials from this Service may not be copied, sublicensed, distributed, disclosed, republished, uploaded, posted, linked, scraped, framed, transferred, modified, adapted, decompiled, reverse engineered, disassembled, transmitted, merged or exploited in any way, in whole or in part, except to the extent expressly permitted by these Terms. You agree not to use or attempt to use any deep-link, scraper, robot, bot, spider, data mining, computer code or any other device, program algorithm, process or methodology to systematically access, acquire, copy, download, extract or monitor any portion of the Service. You may not create a derivative work of the Service. Copyright, trademark or other proprietary notices placed on the Materials or Service may not be deleted, altered or obscured. The ScanRewards name and all logos, trademarks and service marks displayed in this Service belong to NielsenIQ or its affiliates or third party licensors and may not be used by you without our prior written consent. NIELSEN and NIELSENIQ are trademarks of The Nielsen Company (US), LLC in the United States of America and other countries under license for use to NielsenIQ.
5.3 You agree to be solely responsible for your use of the Service, including all of your transmissions and submissions onto and off the Service and the content of the information submitted. You may not use the Service for any purpose that is unlawful or prohibited by these Terms. You agree to comply with all applicable local and international laws and regulations, including without limitation intellectual property laws and export laws and regulations. The information presented on or through the Service (including information relating to the storage and viewing of your receipts submitted through or collected via the Service) is made available solely for general information purposes and we do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility arising from any reliance placed on such information by you or anyone who may be informed of any of its contents.
6. DISCLAIMER
The scanrewards app, service and materials (including any third party software, applications or materials made available through the service) are provided on an "As is" and “as available” basis, and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law. Nielseniq and affiliates and its and their licensors, suppliers, vendors and agents disclaim all warranties, express or implied, including without limitation, warranties of merchantability, non-infringement and fitness for a particular purpose. For example, nielseniq does not warrant that the functions contained in the service will be uninterrupted or error-free or that the service is free from viruses or other technologically harmful material or that the use or results of the use of the services will be accurate, complete or reliable. You agree that your participation and use of the service is at your sole discretion and risk. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties or other exclusion or limitation of warranties.
7. LIMITATION OF LIABILITY
To the fullest extent allowed by applicable law, neither nielseniq nor any of its affiliates, nor any of its or their officers, shareholders, directors, employees, licensors, suppliers, vendors or agents will be liable, under any theory of law, for any direct, indirect, special, incidental, consequential, punitive loss or damage, or any other damages arising from your use, or inability of use, of the scanrewards app or service, including without limitation, damages or injury to your devices, computer, loss or corruption of data (including without limitation, your receipt information submitted through or collected via the service), security breaches or other harm that results from access to or use of the service, damages or injury due to any failure of performance, errors, interruption or inability to use or restrictions on use of the service, or the termination of your account or the service, even if there is negligence or even if forseeable. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for certain damages. In no event will nielseniq’s total liability to you for all losses, damages, and causes of action (in contract, tort including without limitation, negligence, or otherwise) relating to these terms or arising from your use of the service exceed a credit for the amounts, if any, that may be owed to you for awards properly redeemed under these terms.
8. INDEMNIFICATION
You agree to defend, indemnify and hold NielsenIQ and its affiliates and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising in any way from your violation of these Terms or your use of the Service or the termination of your use of the Service.
9. FEEDBACK; SUBMISSIONS
All remarks, opinions, suggestions, ideas, concepts, graphics, or other information or materials that you send, transmit or otherwise communicate to us through ScanRewards or regarding the Service (collectively, the "Submission") will become NielsenIQ’s property, will not be subject to an obligation of confidentiality, attribution or otherwise and may be used by NielsenIQ in its discretion without liability or compensation to you.
10. THIRD PARTY PRODUCTS, SERVICES OR SITES
NielsenIQ does not endorse the purchase or use of any product or service that you may choose to redeem rewards for through the Service and has no control over or responsibility for any aspect of any such products or services, including without limitation their existence, delivery, quality, or safety. The Service may contain links to third party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. A link does not imply NielsenIQ’s endorsement of, sponsorship of, or affiliation with the linked site
11. LINKING TO THE SERVICE
Because this Service is protected by copyright, trademark and other property rights and laws, you may not post any link to the Service without the prior express written consent of NielsenIQ. In the event that linking is expressly authorized in writing, you agree to the following additional terms: (a) You may link to the homelanding page for the Service provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form or association, approval or endorsement on our part where none exists; (b) You must not establish a link from any service or site that is not owned by you; (c) The Service must not be framed on any other site, nor may you create a link to any part of the Service other than the homelanding page; and (d) You agree to cooperate with us in causing any authorized framing or linking immediately to cease, and we reserve theright to withdraw linking permission without prior notice.
12. MISCELLANEOUS
These Terms and any dispute between the parties will be governed and be interpreted pursuant in accordance to the laws of the United Kingdom, notwithstanding any principles of conflicts of law. If any part of these Terms is declared unlawful, invalid, or unenforceable by appropriate legal jurisdiction, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions while reflecting the intent of the parties to the greatest extent permitted by law. No delay or failure to act by us in exercising any of our rights under these Terms will impair any such right or be deemed to waive any such rights. These Terms constitute the entire legal agreement between you and NielsenIQ governing the participation in ScanRewards, and supersedes all prior agreements or understandings, regarding ScanRewards. You may not assign or transfer any right or obligation hereunder to any third party. These Terms do not confer any third party beneficiary rights unless otherwise expressly set forth herein.