Terms & Conditions

US Prize Center, LLC

Terms & Conditions

Last Modified: December 08, 2019

US Prize Center, LLC (“we,” “us” and “our”) operates this website, as well as other websites (collectively, the “US Prize Center LLC Websites”), where you can earn rewards – merchandise or gift cards (“Rewards”) – by registering and providing information and completing certain promotional deals (“Deals”). By accessing and using the US Prize Center LLC Websites, you agree to and accept these Terms & Conditions, as well as our Privacy Policy and any additional terms, conditions and policies published on US Prize Center LLC Websites (collectively, the “Agreement”). If you do not agree to and accept the terms of the Agreement in their entirety, you do not have permission to visit and/or use any of the US Prize Center LLC Websites.

Mandatory Arbitration. These Terms & Conditions contain a mandatory arbitration provision, as detailed below, that requires you to arbitrate, individually, all disputes or claims that you may have with us, our parent, related parties, advertiser clients and marketing partners (collectively, “Marketing Partners”) who are third-party beneficiaries of the mandatory arbitration provision. Thus, for example, if you provide prior express written consent to be contacted via telemarketing or SMS/text messaging, any claims that you may have regarding any telemarketing or SMS/text messages that 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. There are two narrow exceptions to the mandatory arbitration provision: (1) you may opt-out by providing written notice of your decision to do so within thirty (30) days of the date that you first register on a US Prize Center LLC Website; and (2) you may opt-out by filing a claim in Small Claims Court provided the requirements described below are met.

How the Promotions Work. To earn a Reward, you must: (a) be at least 18 years old and a U.S. resident; (b) submit your accurate name, contact (registration) and demographic information including your valid residential and email addresses; (c) complete the survey questions; (d) meet the applicable Promotion requirements set forth below within a twenty (20) day period beginning with the date of your first completed Deal(if you register but don’t complete a Deal, the twenty (20) day period does not start); (e) start the Reward claims process within ten (10) days of when you complete the required number of Deals; and (f) provide a properly completed claim form and supporting documentation (see below) within thirty (30) days of our sending you the claim form via Adobe EchoSign.

Reward
User must complete all applicable Deals in order to qualify for a reward:
9 Silver Offers
5 Gold Offers
1 Final Offer

You must use the same accurate contact information for completing the required Deals as you did during the registration process. You may not have a third party (friend, relative, etc.) complete Deals for you. If you don’t complete all of the requisite Deals during your initial visit to this US Prize Center LLC Website, go to Reward Status and log in and use the provided link that will enable you to resume signing up for Deals 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 Deals. You cannot sign up for the same Deal more than once to get credit for a Reward. The Silver, Gold and Final Deals appear AFTER the registration forms, surveys and optional offers, which do not count towards earning a Reward. To be credited with the completion of an Deal as shown in the table above, you must first access the Deal through this US Prize Center LLC Website or through a valid link provided to you by customer support. We use third-party services to verify your registration information. If your registration information is determined to be invalid, we reserve the right to not display the pages with the Promotion Deals. In that case, you will be ineligible to earn a Reward.

For a subscription or purchase Deal, the advertiser must be able to successfully bill your credit card at least once or for the number of times specified in the particular Deal’s terms to receive credit. Some of our advertisers will not accept prepaid cards to complete Deals. You will not be credited with completing a Deal unless the advertiser confirms your completion, so do not use a prepaid card for Deals or cancel a Deal 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 Deal and when it appears as a completed Deal on your Reward Status. Additional terms and conditions may apply to participate in select marketing Deals. You should read the terms of each Deal provided by the advertiser for an explanation of these terms (if applicable). The Representative Deal Chart provides important information on many of the Deals including initial cost, ongoing obligations and how to cancel. If you have questions about any Deals, please review the chart or contact the third party sponsor/advertiser. Customer support is also available to provide assistance here.

Reward Status. You can check on your progress at any time by logging in with your email address on Reward Status (If you haven’t completed any Deals, you will not be able to log in to Reward Status). Sometimes Deals aren’t properly accounted for when you check your Reward Status. You should keep email confirmations from completed Deals as we may ask for them during the claims process to confirm you’re entitled to claim a Reward. We also reserve the right to require you to provide us with proof of payment for completed Deals. Acceptable proof includes copies of bank or credit card statements. When you make copies of your statements, we ask that you cover your account number.

Steps to Claim Your Reward.

1. Select “Claim My Reward” at the bottom of the page. Then, complete the following required information: name, residential address, email address, and telephone number. We will review your claim and confirm whether you have completed all the required Deals to earn a Reward.

2. Verifying your Deals. If one or more Deals haven’t registered in our system and you believe that you completed more deals than are displayed, please send us an email letting us know what Deals you completed. We may ask that you provide an unaltered copy of the confirmation email(s) of the Deals that you completed, proof of payment, and/or a screenshot of required documentation, such as a screenshot of a mobile application, using your smart phone.

3. Fill out the Claim Form. Once we have verified that you completed the required Deals, we will send you a claim form via email through Adobe EchoSign (“Claim Form”). To redeem your reward, you will need to print out the Claim Form and take it to a notary public where you must sign it in front of the notary and have your signature notarized. Most bank branches and UPS stores will have a notary on staff. Notaries typically require you to have a government-issued photo ID. You must mail back the signed and notarized Claim Form to us via Unites States Postal Service.

4. Provide proof of ID and address. Once we have verified that you completed the Deals and received a properly executed Claim Form, you must provide proof of ID and current residential address. You must also provide a valid government-issued photo ID confirming your matching identity, as well as a valid proof of residence, such as an electrical bill or mortgage documentation.

5. Selecting your Reward. At this point in the process, you will receive an email requesting you to choose between a virtual gift card, which is delivered free of charge, or a plastic gift card, where you must pay the third- party shipping costs.

Once you have completed the above steps, we will send you your Reward within six weeks. We reserve the right to audit claims to ensure that only users who fully comply with these Terms & Conditions can claim a Reward.

You need to complete the claims verification process within sixty (60) days of when you first start the process by clicking on Claim My Reward and then you must file your Claim Form with your ID and proof of address within thirty (30) days of when we send the Claim Form. We reserve the right to substitute a Reward of equal or greater value if the Reward you earned is unavailable for any reason. We are not responsible and will not replace any lost, stolen or mis-delivered Rewards unless the mis-delivery is clearly because of our error.

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 on your claim form, we reserve the right to disqualify you.

Publicity. We may use your first name, last initial, and City and State of residence (for example John S. Wichita, KS) on a US Prize Center LLC Website. We will also ask for a testimonial and/or a picture of you with your Reward. If you submit either, you grant us a royalty-free license to display and use what you submit to us in any medium.

Limitations – Household Waiting Period Rule. Rewards are limited to one Reward of any kind per person and household (persons living at the same residential address) per eligibility period. You and the members of your household must wait 24 months for before you are eligible to earn another Reward.. A household means a residence – where you live – and cannot be a PO box, where you work, or other non-residential address. We may ask you to prove your household address so we can ensure compliance with the rule that limits Rewards to one Reward per household per one year or two years depending on the Reward Tier. You can prove this by supplying a copy of, for example, a utility bill, your lease, a mortgage statement, a property tax bill or if you are a student, a printout from you school with your dorm room address. If you live with someone and do not own or rent your residence, we may require you AND the person you live with to supply affidavits attesting to your household address. Please be aware that the person you live with and the other members of your household also cannot get a Reward if you get a Tier 1 or Tier 2 reward for one or two years, respectively.

Employees of US Prize Center LLC and its parent, subsidiaries and related parties and its advertising, publisher, fulfillment, agency and marketing partners, and their immediate families (including those living in the same households) are not eligible to earn a Reward. If we determine you are associated with US Prize Center LLC, we reserve the right to disqualify you.

You cannot complete Deals 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 US Prize Center LLC 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 a Reward. We may also disqualify you If you access an US Prize Center LLC 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 a Reward.

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 a Reward or purchase any of the other goods or services offered on the US Prize Center LLC 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. 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.

Privacy, Security and Links. Please review our Privacy Policy for more information concerning our collection and use of your information, the security of your information and how to have your information deleted from our database. For a timely response to any inquiry regarding your Deal submissions, qualification, and Reward delivery, please submit your question to contact@nationalbrandsurvey.com. The US Prize Center LLC Websites may contain links to other sites or services. We are not responsible for the privacy practices, the content, or the security of such third-party sites.

Tax Liability. You are responsible for all local, state, and federal taxes on any Reward you receive.

Agreement; Choice of Law/Jurisdiction and Venue. You agree that these Terms & Conditions constitute the agreement between us and that New York 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 New York. You expressly waive any defense or objection to venue or personal jurisdiction.

Arbitration/Dispute Resolution. You agree to arbitrate any and all claims arising out of or related to the Agreement. If you have a dispute concerning any aspect of the Agreement, including without limitation, your participation in a Promotion, entitlement to a Reward or a telemarketing call or SMS/text message that you received from us or a Marketing Partner, you should first contact customer support at contact@nationalbrandsurvey.com. 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, if we can’t otherwise satisfactorily resolve your dispute, or if you choose 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 online by following the instructions at https://apps.adr.org/webfile/.

An AAA arbitrator will have exclusive authority to resolve any dispute or claims that you may have with us—and our Marketing Partners who are third-party beneficiaries of the mandatory arbitration provision—arising out of or related to the Agreement. Matters subject to mandatory arbitration include, without limitation, whether this Arbitration/Dispute Resolution provision applies to your particular claim or dispute, and any claim that all or any part of the Agreement, including this provision, are/is unenforceable. If the claim is against us, you will need our mailing address to file online. To obtain our mailing address, contact us by clicking here.

Either party may submit the dispute for resolution by arbitration at a location reasonably convenient to both parties. If either party files for arbitration, it will be conducted in accordance with the then current AAA Consumer Arbitration Rules.

If you proceed to arbitration against us, you will pay all AAA filing fees and we will pay for all 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.

Class Action Waiver. The arbitration provision contained in these Terms & Conditions does 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.

Exceptions to Mandatory Arbitration. There are two narrow exceptions to mandatory arbitration. First, you may opt-out of the Arbitration/Dispute Resolution provision by providing written notice of your decision within thirty (30) days of the date that you first register on the US Prize Center LLC Website. To obtain our mailing address, contact us by clicking here.

Second, you may choose to pursue your dispute or claim in Small Claims Court rather than by arbitration but only if your dispute or claim qualifies for Small Claims Court in a location where jurisdiction and venue over both you and US Prize Center LLC is proper.

Other than these two exceptions, you must arbitrate any claims as provided above.

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, OUR MARKETING PARTNERS OR ANY SERVICE PROVIDER USED BY US TO PROVIDE THE SUBJECT SERVICE.

Policy Against Spam. We require that all emails promoting the US Prize Center LLC Websites are sent only to users who have agreed to receive such emails. We prohibit any advertising of US Prize Center LLC Websites using “spam”- unsolicited emails. If an advertiser or other person advertising or promoting our Sites fails to comply with our “no spam” policy, we will terminate our agreement with such person. If you feel you’ve been sent unsolicited spam emails promoting an US Prize Center LLC Website and would like to register a complaint, please let us know here. We will immediately investigate all allegations of spam email and take appropriate action.

Disclaimer of Warranties. The US Prize Center LLC Websites, Promotions, Rewards, and any third-party partner’s products and/or services that you may receive from us, one of our Marketing Partners or other third-party partners (collectively “activity and content relating to the US Prize Center LLC Websites”) is subject to change and is provided to you “as is” without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We make no warranty that the activity and content relating to the US Prize Center LLC Websites will (i) meet your requirements; (ii) be uninterrupted, timely, secure or error-free; or (iii) be accurate or reliable. We assume no responsibility for any damage to your computer system or loss of data that may have resulted from material downloaded or otherwise obtained through activity relating to the US Prize Center LLC Websites. We assume no responsibility for the deletion of, or failure to store, email messages and any other personalization settings in relation to activity and content relating to the US Prize Center LLC Websites. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms & Conditions. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. We do not represent that your use of any content will not infringe the rights of any third parties.

Limitation of Liability. To the maximum extent allowed by applicable law, we will not be liable for any indirect, incidental, special or consequential damages arising out of or relating to the Terms & Conditions, the US Prize Center LLC Websites, a Promotion or a Reward, no matter how caused. In no event will our total cumulative liability to any user exceed an amount equal to the lesser of (i) the value of the Reward for which the consumer has registered, or (ii) $1,000, or (iii) actual dollar amount consumer spent on an US Prize Center LLC Website completing sponsor Deals.

Liability Release. By accessing one of the US Prize Center LLC Websites or participating in any of our Promotions, you release us and our respective parents, subsidiaries, and other associated companies, and the directors, shareholders, officers, employees, or agencies of any of the above organizations, for any and all liability for any injury, death, loss, tax liability or damage of any kind arising from your participation in a Promotion, or resulting from acceptance, possession, use or misuse of any sponsor Deal or Reward.

Indemnification. You agree to indemnify and hold us, our parents, subsidiaries and related parties, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of an US Prize Center LLC Website, any service provided by us, user generated content (“UGC”) or Content; (ii) your breach of these Terms & Conditions; (iii) your violation of any rights including, but not limited to, intellectual property right; or (iv) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other submissions to an US Prize Center LLC Website.

Updates. We may revise these Terms & Conditions any time. Your continued use of an US Prize Center LLC Website and/or participation in a Promotion evidences your acceptance of any changes. If you do not accept any of the Terms & Conditions or this summary, we ask that you not complete our registration process or access an US Prize Center LLC Website.

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