POINTS FOR PERKSBETA RULES
Rules for the Points for Perksbeta Program
Important: The following provisions form the basis of the Points for Perks Program. These provisions are intended to protect you, the members of Points for Perks beta Program (the "Program"), and LoopNet and its affiliates (collectively, "LoopNet "). Your participation in the Program will be governed by these provisions, and it is your responsibility to read and understand all of them. For more information, contact Perks@LoopNet.com or visit the Program website at LoopNet.com/PointsforPerks. These Program Rules can be superseded or changed, at any time by LoopNet, and LoopNet only, without notice.
- The Program membership and its benefits are offered at the discretion of LoopNet and its affiliates, and LoopNet has the right to terminate the Program or to change the Program Rules, regulations, benefits, conditions of participation or point values, in whole or in part, at any time, with or without notice, even though changes may affect the value of the member’s points in their points bank already accumulated.
1a. LoopNet may, among other things, withdraw, limit, modify or cancel any reward; increase the member’s points in their points bank or number of points required for any reward ; modify or regulate the transferability of rewards or benefits; modify the limit on the number of points that can be redeemed each year; or limit the number of rewards available. Members, in accumulating points, may not rely upon the continued availability of a reward or reward level, and members may not be able to obtain all offered rewards.
1b. Employees of LoopNet Inc. (“LoopNet”), LoopNet’s advertising agencies and/or promotional partners and members of their immediate family (defined as parents, children, siblings, and husband or wife) together with those with whom such employees are domiciled, are not eligible to participate in the Program.
- Participation in the "Program" is subject to any terms and conditions, rules, regulations, policies, and procedures ("Program Rules") that LoopNet may, at its discretion, adopt from time to time. LoopNet has the sole right to interpret and apply the Program Rules. Any failure to follow Program Rules, any abuse of Program privileges, any conduct detrimental to the interests of LoopNet, or any misrepresentation of any information furnished to LoopNet or its affiliates by any member, or anyone else acting on the member's behalf, may result in the termination of his or her membership, the cancellation of accrued member’s points in their points bank, rewards or benefits, or both.
- LoopNet membership is required to be eligible for the Program. Any LoopNet member that submits a sales comp or new or updated property information and/or photos will automatically be enrolled in the Program. If a member would like to be removed from the program and forfeit any accrued points the member must email Perks@LoopNet.com and in the subject line type “Please remove from the free rewards Points for Perks program.” A LoopNet representative may then contact the member to begin the Program cancellation process.
- LoopNet reserves the right to audit any and all of the Program accounts at any time for compliance with the Program Rules, without notice. In the event that an audit reveals discrepancies or possible violations, the processing of reward redemption requests may be delayed pending completion of the audit.
- Each member shall be responsible for remaining knowledgeable as to the Program Rules and the amount of points in their points bank for his or her account. LoopNet shall attempt to advise active members of various matters of interest through various means as may be appropriate, such as account summaries, newsletters and its website, but LoopNet shall have no liability for any failure to do so. LoopNet will not be responsible for correspondence lost or delayed in the mail. Each member shall be responsible for advising LoopNet of any change of address, and LoopNet shall have no liability for misdirected mail or any consequences thereof.
- The accumulation of member’s points in their points bank or points and the redemption of points are subject to specific Program Rules enacted by LoopNet. Each member is responsible for reading those materials in order to understand his or her rights and responsibilities under the Program. No member’s points bank , benefits, points or rewards earned or granted under the Program may be transferred or assigned except as expressly permitted by LoopNet in writing. No Program member’s points bank or points in the member’s points bank has any cash value.
- The Program is maintained for the benefit and participation of individual members only. Only individuals are eligible for the Program membership, and each member may maintain only one account. Duplicate accounts will be subject to cancellation. Only the member named on the account will be entitled access to personal account information.
- A member’s accrued points in their points bank do not constitute property of the member. Neither accrued member’s points bank nor points are transferable (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law.
Prohibition of sale or barter
- The sale or barter of any such member’s points, points bank, rewards or benefits other than by LoopNet is expressly prohibited. Any member’s points, points bank, rewards or benefits transferred, assigned or sold in violation of the Program Rules, in addition to exposing the member to the penalties otherwise associated with violations, may be confiscated or cancelled. The use of points that have been acquired by purchase, barter, or other conduct in violation of Program Rules may result in the confiscation of the points, denial of points redemption with respect to the account holder, and, at LoopNet’s discretion, completion of points redemption request.
- Any member who has failed to earn points in their points bank for a calendar month may, at LoopNet’s option, be excluded from receiving newsletters, statements, correspondence or other materials, including notifications of Program changes or special promotions, until the next quarter in which he or she earns points in their points bank. Any member who fails to earn points in their points bank during the first twelve months after enrollment in the Program may be removed from the Program at LoopNet’s discretion and all accrued points will be considered forfeited by the member and removed from the account by LoopNet.
- Any member who fails at any time to engage in account activity for a period of eighteen (18) consecutive months is subject to termination of his or her program membership and forfeiture of all accrued points in their points bank as of the last day of the 18th month. Activity includes (without limitation) earning or redeeming points in the Program. In cases where a member’s points bank is for any reason removed from an account, as for the redemption of rewards, and later returned, the return of the member’s points bank to the account shall not count as account activity.
- “Account Activity", for purposes of these rules, shall be deemed to occur when a member accrues points in their points bank in his or her account in any manner as outlined and set forth in these Rules, or as otherwise approved by LoopNet, or when the member redeems any points for a reward in the Program. In cases where a member’s points are removed from the member’s points bank or is for any reason removed from an account, as for example the redemption of a reward, and there is a subsequent cancellation of the reward or removal of points and a return of the points to the member’s account, the cancellation of the reward or removal and return of the member’s points to their points bank on their account shall not qualify as "Account Activity."
Member’s points bank accrual
- Only members of Points for Perks beta are eligible to receive a points bank and accrue points in the Program by availing themselves of the means of accrual recognized under the Program.
- Points in the member’s points bank can be accrued only for sales comps, property information and photos submitted to a LoopNet property record by the member and accepted by LoopNet after the member's official enrollment date, and can be applied only to the member's points bank on their LoopNet account. Member’s points bank will be credited only for information submitted by the member. Member’s will not be credited points to their points bank and credit will not be rewarded for information or photos not accepted by LoopNet.
- For a member to earn points in the Program they must complete the following submit, update or add “two” new property information fields and/or photos to a LoopNet property record and the information fields and/or photos must meet the criteria LoopNet has outlined (see 15a) using the acceptable methods as outlined by LoopNet (see 15b), and LoopNet must be able to verify that the information is correct and then accept the new information and/or photos the member submitted, updated or added. LoopNet reserves the right to reject any information fields or photos submitted, updated or added and deny any reward points to a member without providing justification. Upon acceptance of information fields and/or photos LoopNet will award 10 points for every sales comp or 2 new information fields and/or photos per property record submitted, updated or added. No partial points will be awarded for partial information fields and/or photos submitted, updated or added. No partial points will be awarded for single property information fields and/or photos submitted, updated or added. Each member is limited to earning 10 points per property record in any 30 day period. LoopNet reserves the right to update this policy at any time with or without notice.
15a. For a member to earn points in the Program a member must submit, update or add a sales comp or 2 new property information fields and/or photos to a single Property record, and those information fields and/or photos must meet the following criteria. The information field and/or photos must be new information or updated information that LoopNet does not currently have a on a LoopNet property record. The information field and/or photos that the member submits, updates or adds must be verifiable and true to the best of the member’s knowledge. The submission of false information by the member could lead to removal of the member from the Program and forfeiture of any points accrued by the member. Any photos that a member submits must be a photo that the member is sure they are the sole owner of the photo and that the member has the right to submit that photo to LoopNet. In particular, a member may not submit any property photographs taken by or obtained from third parties unless the member is the owner of the photographs or has been authorized by the owner of the photographs to submit them. LoopNet will only be accepting and awarding points for the following information fields for properties: Photos, Sales Comps/Sale Details, Rental Rates /Financials, Tenants, Building Class, Building Size, # Units in the building, # Parking Spaces on the property, Owner details. LoopNet is the sole authority for determining the types of information that will be accepted and points awarded. LoopNet reserves the right to change or terminate the information fields they are accepting and rewarding points for in the Program with or without notice.
15b. To submit, update, or add a sales comp or property information fields and/or photos and be eligible to receive points in the program, a member must be logged into their LoopNet account that their points bank is linked to and submit, update or add property information fields and/or photos through one of the following 3 methods. Method 1: the member can submit, update or add information fields and or/photos through the LoopNet property record “Edit this record” link for the specific property that the member would like to submit, update or add property information fields and/or photo. Method 2: the member can submit, update or add information fields and or/photos through the online form available at www.LoopNet.com/pointsforperks. Method 3: the member can submit, update or add information fields and or/photos by submitting a property flyer and a detailed description of the new information fields and/or photos they are submitting through the “Send” link available at www.LoopNet.com/pointsforperks. LoopNet is the sole authority for determining the types of information that will be accepted and points awarded and if the information was clearly identified when the member uses Methods 2 or 3. LoopNet reserves the right to change or terminate the information fields they are accepting and rewarding points for in the Program with or without notice.
15c. Points will only be awarded for the submission of sales comps or for updates made to a LoopNet property record and of which are accepted by LoopNet. No points will be awarded for updates made to LoopNet listings in the LoopNet marketplace.
15d. Members can earn up to 7500 points in any rolling 12 month period.
- If LoopNet improperly denies a member an accrual or benefit, liability will be limited to the equivalent of that accrual or benefit.
- LoopNet reserves the right to make bonus points and promotional offers by LoopNet or Points for Perks beta partners selectively available to certain members at any time, based on account activity, geographic locations, Program participation, or other factors determined at LoopNet’s sole discretion.
17a. All promotional gifts and giveaways are nonrefundable or exchangeable. No cash alternative or substitution will be allowed. Once a member is issued a promotional gift or giveaway the order is considered fulfilled and no refunds or exchange requests will be accepted. LoopNet is not responsible for the condition or functionality of any third party products. All third party products are subject to the manufacturer's original warranty.
- LoopNet will, in most cases, credit its members' accounts with accrued points bank in the member’s points bank. However, each member shall have the responsibility to ensure that his or her points in his or her points bank is properly credited. Where a member contends that their points in their points bank has been earned but not credited, or in cases where LoopNet deems verification is required, LoopNet reserves the right to require proof of accrual from the member, including but not limited to copies of email confirmations of accepted property photos or information from LoopNet. Any claims for points in a member’s points bank by the member and proof of accrual must be received by LoopNet within 30 days after the date such member’s points bank was claimed to be earned.
Member’s points bank expiration
- The points accrued in a member’s points bank in a member's account shall be maintained in the account until it is redeemed for a reward, until it expires or until the Program is terminated, whichever occurs first.
- Points in a member’s points bank accrued shall only be subject to expiration on the last day of the eighteen (18) months after the last account activity in the member’s account. Activity includes adding property information and photos to a LoopNet property record and having that information or photos accepted by LoopNet. In cases where member’s points are removed from their points bank or is for any reason removed from an account, as for the redemption of rewards, and later returned, the return of the member’s points to their points bank to the account shall not count as account activity.
- The rewards available to be redeemed and the amount of points in a member’s points bank necessary to redeem each reward will be set by LoopNet and published to the members. LoopNet shall establish the process for reward redemption, but redemption shall basically mean the exchange of member’s points in their points bank for a specified reward.
- To redeem awards members must submit the request through the online form provided on www.LoopNet.com/pointsforperks. LoopNet reserves the right to deny any requests for points redemption submitted through other means.
- Members of the Program are limited to redeeming a maximum of 5000 points in any rolling 12 month period.
- Points earned in a member’s points bank in two or more different accounts may not be combined to redeem any reward.
- After a reward is issued, a service charge may be imposed for each change requested by the member which necessitates the reissuance of a reward which may include but not be limited to return shipping and new shipping charges to issue a new reward.
- Rewards and points may be subject to applicable taxes and fees and the person utilizing the reward is responsible for the payment of any such items that may apply.
- Rewards are nonrefundable or exchangeable. No cash alternative or substitution will be allowed. Once a member is issued a requested reward the order is consider fulfilled and no refunds or exchange requests will be accepted. LoopNet is not responsible for the condition or functionality of any third party products. All third party products are subject to the manufacturer’s original warranty.
- Any LoopNet product that is requested as a reward is subject to availability. Prior purchases for any LoopNet products will not be refunded. Existing subscribers of a requested reward will not be eligible to receive the requested reward to which they are already subscribed to. Any LoopNet product that is requested as a reward is subject to any and all rules specific to that product as described by LoopNet. LoopNet reserves the right to update any and all rules for a specific product with or without notice.
- Any valid reward request that cannot be fulfilled by LoopNet due to Program changes or availability will not result in loss of points for the member. If points have been deducted from the member’s points bank and the requested reward cannot be fulfilled for the above mentioned reasons the member’s points will be returned to their points bank. The points in the member’s points bank used to redeem the reward will be credited to the member's account and be subject to expiration (see 19 and 20). Any return of points to a member’s points bank on the member’s account shall not constitute account activity. For purposes of clarification, some rewards may not be eligible for re-credit of points and will so state.
- The reward structure is subject to modification, cancellation or limitation at LoopNet’s discretion, with or without notice. The amount of points in a member’s points bank required to redeem any reward may be substantially increased, any reward may be withdrawn, and restrictions on any reward or its redemption may be imposed at any time.
- The accumulation of points in a member’s points bank does not entitle Program members to any vested rights with respect to any rewards of the Program. Rewards shall be valid only to rewards served both at the time of the issuance of the reward request, and neither LoopNet nor its partners shall be liable for changes that result in the cancellation of any reward.
- Participation in the Program may be prohibited or restricted in some countries. Nothing in these Rules should be read to override or circumvent any such foreign laws.
LIMITIATION OF LIABILITY
- LoopNet excludes all liability for any personal injury, loss, or damage of whatever kind (including loss of data) caused directly or indirectly, in whole or in part, from downloading any material from LoopNet’s website, regardless of whether the material was prepared by LoopNet or a third party, and regardless of whether the material is connected to LoopNet’s website by a hypertext link. LoopNet takes no responsibility for the content of third party websites which may be linked to LoopNet’s website by a hypertext link. LoopNet reserves the right to cancel, suspend or modify the Program if fraud, technical failures, or any other factor beyond LoopNet’s reasonable control impairs the administration or integrity of the Program, as determined by LoopNet in its sole discretion. By participation in the Program, the entrant agrees to release and hold harmless LoopNet, and its affiliates, directors, officers, employees and agents from any liability for damage, injury, death, loss, cancellation or other liability arising from the entrant’s acceptance or use of any reward or substitute reward or their participation in this Program, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy or from any misuse or malfunction of such reward or substitute reward. Nothing in these rules shall be taken to exclude any liability for death or personal injury caused by the negligence of LoopNet. LoopNet and its affiliates, directors, officers, employees and agents assume no liability for losses incurred as a result of cancellation of the Program or for any reason whatsoever or through the acts or defaults of any company or person providing any reward or for events occurring after the award of such reward. All such losses or expenses will have to be borne by the individual Program participant. The Program is subject to all federal, state, and local laws and may be void where prohibited by the law of the entrant’s place of residence.
GOVERNING LAW AND DISPUTES
- Except where prohibited, members agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Program or any reward awarded, other than the administration of the Program or the determination of rewards, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in your state of residence; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Program, but in no event attorneys’ fees; and under no circumstances will entrant be permitted to obtain awards for and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the member and LoopNet in connection with the Program, 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 the State of California. LoopNet reserves the right to modify the Official Rules of this Program in any way or at any time.
TIMING: The promotion begins at 06:00:00 A.M. (PDT) on December 1, 2011 and ends at 12:00:00 p.m. (PDT) on December 25, 2011. All entries must be received during the dates and times of the promotion.
HOW TO ENTER: To enter the promotion users must have a free basic LoopNet membership and then contribute information to a LoopNet property record. One entry will be awarded for each property record that the member either updates a minimum of 2 new pieces of information (property information or photos) or adds a sales comp to. In order to receive an entry in the contest for a submitted fact, the submitted fact will have to be first verified and approved by a member of the LoopNet Research Team.
A winner will be selected by random drawing at 06:00:00 P.M. (PDT) daily from all eligible entries received between 06:00:00 A.M. (PDT) December 1, 2011 and 12:00:00 p.m. (PDT) on December 25, 2011. Entries will carry over from one day to the next.
GIFTS AND GIVEAWAYS: All promotional gifts and giveaways are nonrefundable or exchangeable. No cash alternative or substitution will be allowed. Once a member is issued a promotional gift or giveaway the order is consider fulfilled and no refunds or exchange requests will be accepted. LoopNet is not responsible for the condition or functionality of any third party products. All third party products are subject to the manufacturer’s original warranty.
NOTIFICATION OF WINNER: LoopNet will announce all winners on the LoopNet facebook page every day at 6 pm. A LoopNet employee will then reach out to the winner via phone or email to obtain a mailing address. If the winner cannot be reached before January 10, 2012 the gift /giveaway will be considered forfeited.
- DISQUALIFICATION: LoopNet, in its sole discretion, reserves the right to disqualify any individual who attempts to undermine the legitimate operation of the promotion by tampering with any website mechanism, acts in a disruptive manner, or violates these Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THECONTESTMAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF SUCH ENTRANT.SHOULD SUCH AN ATTEMPT BE MADE, LOOPNET RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. LOOPNET’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
Note: All the Points for Perks terms and conditions also apply to the 25 Days of Giveaways Promotion.