CITIZEN WATCHES AND JEWELRY SURVEY TERMS AND CONDITIONS
Thank you for participating in this survey. Before continuing, please review the terms and conditions.
Citizen Watch America (“Citizen” or “Sponsor”) has created this survey to, among other things, allow a limited number of people to provide feedback on, among other things, topics related to watches. By answering this survey, you agree to be bound by the terms and conditions set forth below (the "Agreement").
In order to be eligible to participate in the Citizen Watches and Jewelry Survey (“this survey”), you or anyone in your household or immediate family cannot work for a market research company, a manufacturer that makes watches (including smartwatches) or jewelry or a retailer or wholesaler that sells watches (including smartwatches) or jewelry. There may be other exclusions represented in the recruitment screener. These exclusions exist so that Citizen can meet specific research goals and are not included for any discriminatory purpose. You agree to accurately respond to such recruitment questions.
B. Your Feedback
If you are eligible, you will have the ability to participate in this survey by providing your responses to the survey questions (“Feedback”). The Feedback you provide will be accessible to, and may be reviewed by our Market Research, Marketing and Merchandising teams. By participating in this survey, you agree that any Feedback you provide will become the property of Citizen and you agree that Citizen may use or otherwise exploit all or part of your Feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have the right to enter into this Agreement and assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third-party intellectual property rights.
Confidential Information. This survey is designed to assist Citizen in performing research related to future product development and other product initiatives (the “Purpose”). Citizen may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information as set forth below.
Definition. “Confidential Information” means all information disclosed by Citizen, including, without limitation, documents, designs, techniques, specifications, product plans, advertising creatives, strategic information, existing or prospective business plans, existing or prospective research study or pilot test objectives and/or results, and other information related to the Purpose. Consistent with the foregoing, Citizen may also disclose Confidential Information related to certain unreleased and experimental product features, product plans, campaigns, or creatives.
Obligations Regarding Confidential Information. You agree to: (a) use Confidential Information only for the Purpose; (b) not disclose Confidential Information to any third parties (including the sharing or other distribution of advertising creatives, product images, or other content); (c) not copy or download any Confidential Information from the survey unless instructed to do so by Citizen; and (d) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information as you would use to protect your own confidential information of like nature.
Remedies. You agree that any breach of this Agreement by you may result in irreparable harm to Citizen, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, Citizen shall be entitled to equitable relief, including an injunction, in the event of such breach.
D. Ownership & License
In addition, all responses to the surveys become the property of Citizen and will not be acknowledged or returned. The copyright in any response to any survey shall remain the property of the panelist, but submission as a survey response constitutes panelist’s irrevocable and perpetual license, permission, and consent, without further compensation, with or without attribution, for Citizen to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such response, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by Citizen and/or others authorized by Citizen, in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright in the response. Citizen and/or others authorized by Citizen shall have the right to edit, adapt, and modify the response.
E. No Compensation or Employment
You acknowledge that you are participating in this survey on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist, Citizen to use, implement, and understand, among other things, the effectiveness of the products we offer. Citizen makes no guarantee or representation as to whether or not your Feedback will be used. Notwithstanding the foregoing, you acknowledge and agree that nothing in this Agreement or in your voluntary submission of Feedback creates any employment relationship between you and Citizen, and that you have no rights to compensation for such Feedback.
F. Term and Termination
You may, in your sole discretion, not participate in this survey. Our ownership of your already submitted Feedback continues after termination of this Agreement, as do your confidentiality obligations and the various limitations on Citizen's liability.
Unless otherwise set forth in this Agreement, Citizen may give general notices to you by electronic mail to your email address.
H. No Warranty from Citizen
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THIS SURVEY IS AT YOUR OWN RISK. THIS SURVEY IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CITIZEN EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (i) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THIS SURVEY. THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SURVEY OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF, AND (ii) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
I. Limitations of Liability
IN NO EVENT SHALL CITIZEN, ITS AFFILIATES AND SUBSIDIARIES, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, CUSTOMERS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CITIZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, CITIZEN’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that Citizen has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
J. Entire Agreement
K. Digital Gift Card
This survey is open to legal residents of the 50 states of the United States and Washington, D.C., who are otherwise eligible to participate in this survey and are 18 years of age or older at the time of the survey. Employees of Sponsor and their immediate family members and those living in the same household as any employee of Sponsor and its parent companies, subsidiaries, divisions, affiliates, and related companies (collectively with Sponsor, the “Survey Entities”) are not eligible to participate in this survey or to receive the discount described below. All federal, state and local laws and regulations apply. Void in Guam, Puerto Rico, and all other U.S. territories and possessions and where prohibited by law.
This survey is expected to begin on or about March 16, 2022 and is expected to continue through March 30, 2022 (“Survey Period”). By satisfactorily completing the survey and submitting it to Citizen within the Survey Period you are eligible to receive one (1) digital gift card (“Digital Gift Card”) valid for use at Starbucks in the United States valued at five (5) dollars. Limit one per survey participant. The use of robotic or automatic devices for completing this survey is prohibited and Sponsor reserves the right to nullify all such survey responses and to disqualify the responsible individual from participation in this survey and from eligibility to receive the discount referred to above. Additionally, survey participants may not register with multiple email addresses or use any other device or artifice to register multiple times or as multiple participants. Any individual who attempts to participate in this survey using multiple email addresses under multiple identities or uses any device or artifice to participate multiple times will be disqualified and forfeits any special discount offered. If for any reason this survey 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 Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this survey, 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 Survey. If such cancellation occurs, Sponsor reserves the right to provide the Digital Gift Card to all eligible participants from whom completed surveys were received prior to cancellation and if this survey cannot be run (for reasons out of Sponsor’s control as described above), no Digital Gift Cards will be distributed. Normal internet access and usage charges imposed by your online service provider will apply and are your sole responsibility. Proof of submission of your completed survey responses is not proof of receipt by Sponsor. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, your completed survey responses.
Sponsor is not responsible for submissions that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected, or for any problems or technical malfunction of any telephone network or telephone lines, 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, or for any injury or damage to participant's or any other person's computer relating to or resulting from participation in this survey or the downloading or accessing of any materials in this survey. Sponsor is further not responsible for incorrect or inaccurate survey information whether caused by Internet users or by any of the equipment or programming associated with or utilized in this survey or by any technical or human error, which may occur in the transmission, receipt or processing of survey submissions. All incomplete or otherwise non-conforming survey responses will be disqualified. In the event of a dispute as to the identity of a survey participant based on an email address, the survey participant will be deemed the authorized account holder of the e-mail address associated with the submitted survey , provided such person meets the eligibility requirements of this Agreement. "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. In the survey the respondent will have the option to receive one Digital Gift Card by entering an email address. Administration of the Digital Gift Card will be handled through a third party, Thnks.com. Respondent agrees that Sponsor will share the email address provided in the survey with Thnks.com for the sole purpose of administering the Digital Gift Card. Terms for using the Digital Gift Card will be shared in the email from Thnks.com. Partially completed surveys or surveys not received by Citizen within the Survey Period are not eligible for the Digital Gift Card.
Every survey participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this survey shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in New York County and submits to the sole and exclusive personal jurisdiction of said courts for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in this survey but in no event attorneys’ fees; and (c) under no circumstances will any survey participant be permitted to obtain awards for and each such participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of any survey participant or the Survey Entities in connection with this survey shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
M. Data Collection
Sponsor collects personal information from participants when they complete and submit responses to this survey for use in administration of the survey. The information you provide will only be used by Sponsor. By providing your email address, Sponsor may email you company updates and announcements. You can unsubscribe at any time.
Effective March 16, 2022