Effective Date: January 8, 2019
Participation in the Survey
- The sponsor of this survey is Mediakix LLC, 2218 Main St Unit 201, Santa Monica, CA 90405 (“Sponsor”).
- Participation in the Survey constitutes each Participant’s full and unconditional agreement to these Terms and Conditions. Participation in the Survey is contingent upon the Participant’s compliance with these Terms and Conditions. Participants who do not comply with these Terms and Conditions may be prohibited from participating in the Survey.
- No purchase is necessary to participate in the Survey.
- The Survey is open to marketers from brands or marketing agencies who are residents of the United States, United Kingdom, Australia, Canada, Republic of Ireland, Germany, the Netherlands, France, and Mexico. By participating in the Survey you consent to the transfer from your country of residence to the United States of the personal information you provide to Sponsor, and to the processing thereof in accordance with these Terms and Conditions.
- The Survey will be open to Participants from noon January 7, 2019, through midnight January 31, 2019, U.S. Pacific time.
- Each Participant is limited to one email address, which must be an email address evidencing Participant’s affiliation with a brand or marketing agency (no gmail, yahoo, etc.). Subsequent email account addresses for the same Participant will be void.
- If multiple online Survey completion attempts for the same Survey are received from the same email address or person, only the first attempt to complete a Survey will determine eligibility.
- Each qualified Participant who completes the Survey will receive via e-mail a voucher code for a $10 Amazon gift certificate (“Prize”).
- Within 30 days of completion of the Survey, Sponsor will send Participant the Prize via email. All email notifications will be sent to the email address provided by Participant at the time of Survey participation. Prizes not redeemed within 30 days of being sent may be recalled.
- The offer under this Survey is void where prohibited by law.
- Prizes may not be transferred or assigned and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute the Prize (or component thereof) with another Prize (or component thereof) of equal or greater value if the Prize is not available for any reason as determined by the Sponsor in its sole discretion.
Modifications and Termination of Survey
- Sponsor may modify any of the Terms and Conditions governing the Survey at any time, with or without notice. If Sponsor does provide notice of changes, it may do so by email or by general posting on the Sponsors website.
- Every effort has been made to ensure that the information in the Terms and Conditions is accurate and complete. Sponsor is not responsible for typographical errors or omissions.
General Terms and Conditions
- Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
- The Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or violation of these Terms and Conditions, and Sponsors’ decisions shall be final and binding. Fraud or abuse relating to the redemption of Prizes may result in forfeiture of Prizes.
Limitation of Liability
- Sponsor is not responsible for (a) any undeliverable Prize notification emails, any unclaimed or undeliverable Prizes, or lost or misplaced notifications or Prizes (b) directing email to an address different from the original address submitted by the Participant.
- By participating in the Survey, each Participant accepts all responsibility for, and hereby indemnifies and holds harmless the Sponsor, each of its related companies, and each such company’s respective officers, directors, employees, shareholders, agents, successors, and assigns (the “Released Parties”), from and against any claims that may arise from actions taken by such Participant.
- Under no circumstances, including, but not limited to, negligence, shall the Released Parties be liable for any direct, indirect, incidental, special, or consequential damages arising out of a participant’s participation in the Survey, even if any or all of the Released Parties have been advised of the possibility of such damages. By participating in the Survey, a Participant waives any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition, or omission upon which the claim or action is based.
- The Survey shall be governed by the laws of the United States and the State of California. Except where prohibited, Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Survey shall be resolved individually without resort to any form of class action and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Participants rights and obligations, or the rights and obligations of the Sponsor in connection with the Survey, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Disclaimer of Warranties
- Participant expressly agrees to accept any award at his/her own risk. THE SURVEY AND ALL SERVICES OFFERED IN CONNECTION THEREWITH ARE PROVIDED ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS. THE SPONSOR MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED THROUGH THE SURVEY; THAT THE SURVEY WILL MEET PARTICIPANTS REQUIREMENTS; OR THAT THE SURVEY WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DOES THE SPONSOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SURVEY OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED BY THE SURVEY.
- The Sponsor disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Sponsor shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by the Sponsor’s partners, vendors, suppliers of rewards, or suppliers of services.