MYARKANSAS REWARDS MEMBER TERMS & CONDITIONS Last Updated: December 1, 2009 MyArkansas Rewards Program The MyArkansas Rewards Terms and Conditions contain details about the relationship between you and KARK/KARZ TV relating to the MyArkansas Rewards program. You must accept the terms of the Terms and Conditions in order to become a MyArkansas Rewards Member. These Terms and Conditions govern Member participation in the MyArkansas Rewards program and use of the MyArkansas Rewards Website (www.myarkansasrewards.com). Whether you are a MyArkansas Rewards Member ("Member") or a visitor to our Website, your use of the Website and all services offered are subject to these Terms and Conditions. It is the visitors' and Members' responsibility to read and understand the Terms and Conditions. By signing up for the MyArkansas Rewards program and clicking on the "enroll" button, you acknowledge that you have read and understood the Terms and Conditions. No rights of any kind accrue in the MyArkansas Rewards Program except as specifically defined herein. There are no exceptions to the Terms and Conditions except for those set out in this document. KARK/KARZ TV reserves the right to interpret and apply the Terms and Conditions in its sole discretion. KARK/KARZ TV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the services offered on the Website by posting the most current version of the Terms and Conditions on the Website. You agree that MyArkansas Rewards shall not be liable to you or any third party for any modification, suspension or discontinuance of any or all services. You agree to visit our Website regularly to view any changes to the Terms and Conditions or other important information about your participation in the program. Your continued use of the Website after we post any changes to the Terms and Conditions signifies your agreement to any such changes. If you do not agree to these Terms and Conditions, you should not use this Website and, if applicable, you should cancel your membership. Membership Membership is free and open to legal U.S. residents of the Little Rock metropolitan area who are 18 years old or older, able to enter into a legally binding contract, able to complete our enrollment process and agree to these Terms and Conditions. This Website and the services offered are intended for your personal, noncommercial use. If you are not registered with us, please click here to register and become eligible for all of MyArkansas Rewards' features. Points will be accrued only to the MyArkansas Rewards account of the Member who actually participates or purchases goods or services and whose name appears on the goods or services invoice ("Points"). MyArkansas Rewards Points cannot be bartered, sold, pooled, transferred or otherwise accrued by different persons (including family members) into the same MyArkansas Rewards account. Any duplicate accounts are subject to cancellation and all MyArkansas Rewards Points accumulated may be forfeited. Individuals may join MyArkansas Rewards on our Website. Corporations and other entities are not eligible to become MyArkansas Rewards Members. There are no group or family memberships; each individual must enroll separately. To register, you must provide us with your name, zip code, email address, date of birth and other information that we may ask for from time to time ("Registration Data"). Members may be asked to verify some or all of this information before communicating with MyArkansas Rewards representatives about their accounts. You will also be asked to select a password which, along with your user name will serve to identify you as a Member each time you visit the Website and allow you to access your account. You may not (i) select or use a user name of another person with intent to impersonate that person, (ii) use a user name in which another person has rights, or (iii) use a user name that MyArkansas Rewards, at its sole discretion, deems offensive. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Registration Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or MyArkansas Rewards has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Website and the services (or any portion thereof). Members must immediately notify MyArkansas Rewards of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Each Member is responsible for the confidentiality of their user name and password and all usage or activity on their account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by the Member or the result of the Member authorizing a third party to use the Member's user name and password. Member agrees not to abuse MyArkansas Rewards privileges by conduct which is detrimental to the interests of MyArkansas Rewards, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the rules of MyArkansas Rewards or intent of these Terms and Conditions, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with MyArkansas Rewards award links, etc. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS CODE WORDS, TRIVIA ANSWERS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM CODE WORDS, TRIVIA ANSWERS, OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY REWARDS. IT WILL ALSO BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY INDIVIDUAL OR COMPANY TO DIRECT, ENCOURAGE, OR ALLOW INDIVIDUALS TO USE A SINGLE ACCOUNT FOR THE PURPOSE OF ACCUMULATING POINTS FOR COMPANY USE. Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in MyArkansas Rewards if and to the extent that such participation is permitted by such laws, rules, and regulations. MyArkansas Rewards reserves the right to refuse to enroll Member, or to restrict, modify, or terminate Member's participation in MyArkansas Rewards, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in MyArkansas Rewards could violate any law, rule, or regulation. Earning Points MyArkansas Rewards Points can be earned by: (a) Participating in surveys, games, questionnaires, or other activities on the MyArkansas Rewards Website. (b) Participating in events, specials, and promotions or purchasing goods and services from businesses that participate in the Program ("Participating Merchants") (c) Using a Registered Card to make purchases at Participating Merchants such as restaurants, bars, hotels, retailers, gas stations, and grocers. To participate in the Registered Card program, you must have a valid Visa, MasterCard or American Express payment card that is registered with us ("Registered Card"). Up to 5 Registered Cards may be registered for an individual at any time. You will receive rewards for a purchase at a Participating Merchant only if the business is a Participating Merchant and has a valid promotion on the date of the purchase. You will not receive rewards for a purchase if our Website indicates that no rewards are being offered or given for the type of purchase you made. Purchases with your Registered Card at a Participating Merchant may be qualified only up to a specified dollar amount, or only if made during certain time periods on specified days. The rewards that you earn may vary depending on a variety of factors, such as your Program, the Participating Merchant, and your level of activity within the Program. Information on the type, amount and limits on rewards, as well as on current Participating Merchants, is posted on our Website. You are responsible for reviewing this information before you make a purchase at a merchant, as these details may change from time to time and may affect the rewards you receive. MyArkansas Rewards reserves the right to change or eliminate Participating Merchant promotions at any time. Points from using a Registered Card typically will be posted to your account within 6-8 weeks depending on the Participating Merchants return policy. Merchandise returned to the Participating Merchant during this period will be subtracted from any pending Points balance. (d) Promotional Bonus Points may be awarded by MyArkansas Rewards at their discretion at any time. MyArkansas Rewards reserves the right to amend or delete any or all of the means currently recognized for accruing Points and to exclude specific types of transactions or other actions from the accumulation of Points. You will receive Points from Participating Merchants only if they have a valid promotion. It is your responsibility to refer to the Website to verify the status of any Participating Merchant promotion. The accumulation of Points in a Member's account does not entitle the Member to any vested rights with respect to any specific awards or specific MyArkansas Rewards benefits. In accumulating Points, Members may not rely upon the continued availability of any award or award level, and Members may not be able to obtain awards for all published rewards. Point Redemptions Points may be redeemed only on rewards as offered through MyArkansas Rewards at the time of redemption. The number of Points required to redeem for a reward are subject to change at any time without notice. MyArkansas Rewards reserves the right to decide whether a redemption item will be shipped by mail or be picked-up in-person by the Member. Under no circumstances will a redemption item be mailed outside the greater Little Rock metropolitan area. Points have no cash value. Member inquiries regarding rewards ordered and not received must be received by MyArkansas Rewards within six (6) months after the initial redemption date. Thereafter, MyArkansas Rewards will have no obligation to re-send rewards to the Member. MyArkansas Rewards is not responsible for lost or stolen rewards once issued. Points will be subtracted from Member's account once the redemption order is placed by the Member and captured by the MyArkansas Rewards system. Once used to claim a reward, Points will not be reinstated to Member's account. We make no representation, warranty or guarantee as to any value or benefit of Points, any ability to use Points, or any other matter relating to Points. You may order services, merchandise or other products through our Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. MyArkansas Rewards is not responsible for the content of any Third Party Seller website that may be linked to or from www.myarkansasrewards.com, or any bulletin board associated with MyArkansas Rewards. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from www.myarkansasrewards.com is independent from MyArkansas Rewards, and MyArkansas Rewards has no control over the content of that other website. In addition, a link to any other websites does not imply that MyArkansas Rewards endorses or accepts any responsibility for the content or use of such other website. You are responsible for any tax consequences resulting from your receipt or use of rewards under the Program. We may report rewards provided to you to relevant tax authorities. Account Changes MyArkansas Rewards reserves the right to cancel or disable accounts and expire unredeemed Points in those accounts that are inactive for a period of eighteen (18) consecutive months. Inactive shall be defined as lack of one of the following: Website visit, email response (click thru), survey, questionnaire, or game completion; profile update or any Point-earning or redemption transaction. MyArkansas Rewards reserves the right to terminate or disable, at MyArkansas Rewards' sole discretion, any MyArkansas Rewards membership if MyArkansas Rewards believes such Member has violated or acted inconsistently with the rules of MyArkansas Rewards or intent of these Terms and Conditions. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn Points. Member understands and agrees termination of membership will result in the cancellation of all of Member's Points. MyArkansas Rewards shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding. MyArkansas Rewards reserves the right to adjust your Point balance with award reversals for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations is construed as purchasing fraud and could result in the termination of your MyArkansas Rewards account. Communications and Privacy By enrolling, you agree to receive administrative and marketing e-mails from the MyArkansas Rewards, except that you may opt-out of receiving marketing communications from MyArkansas Rewards by updating your "My Account Profile" at any time. MyArkansas Rewards shall be strictly bound by the Terms and Conditions set forth in the MyArkansas Rewards Privacy Policy. MyArkansas Rewards will agree to maintain the confidentiality and protection of your personal information, at all times during and after providing services. Members may view the most up-to-date MyArkansas Rewards Privacy Policy at www.myarkansasrewards.com. You will receive regular e-mail updates on administrative matters and on your MyArkansas Rewards balance and recent account activity. Please note if you choose not to receive marketing e-mails, we will still send you certain administrative and transactional e-mails about your account. Protecting Children Because the safety of children is very important to us, MyArkansas Rewards complies with the Children's Online Privacy Protection Act. MyArkansas Rewards does not encourage participation or visitation by children. Visitors who are known to be under the age of 18 are prohibited from becoming MyArkansas Rewards Members. MyArkansas Rewards does not knowingly collect personal information from children under the age of 13. Proprietary Rights to Content and other Intellectual Property Member acknowledges that MyArkansas Rewards content (including but not limited to text, sound, photographs, graphics, or other material contained in any MyArkansas Rewards communication, advertisements, or messages, whether by MyArkansas Rewards, its advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by MyArkansas Rewards, its advertisers and partners, as the case may be. Member agrees not to forward any MyArkansas Rewards offers or promotions to others without first obtaining the express written permission of MyArkansas Rewards; MyArkansas Rewards offers are specific to Member's membership unless otherwise stated. Limit on Liability and Indemnity You agree that: (a) The Program is provided "as is" and, to the maximum extent permitted by law, we disclaim any express or implied warranties with respect to the Program, including any implied warranties of merchantability or fitness for a particular purpose. (b) MyArkansas Rewards and any of its vendors or 3rd party service providers will not be liable for any damage that you may suffer in connection with your participation in the program. In no event will MyArkansas Rewards be liable for any damage caused by any act or omission of a Participating Merchant or Third Party Provider. (c) MyArkansas Rewards and any of its vendors or 3rd party service providers will not be liable to you or any other person for any indirect, special, incidental, contingent, consequential, reliance or special damages (including lost profits) in connection with this Agreement or the Program, whether or not MyArkansas Rewards has been advised of the possibility of such damages. You agree to defend, indemnify and hold us and our vendors, 3rd party service providers, subsidiaries, affiliates, successors and assigns, and our and their respective shareholders, directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or relating to your use of the MyArkansas Rewards program and its Website. Additional Terms All comments, feedback, and other information disclosed, submitted, or conveyed by you to us (collectively, the "Comments") shall be and remain our property and may be reprinted or used in any other manner in any other purpose by us or others without your permission. Your provision of Comments to us constitutes an assignment to us of all worldwide rights, titles, and interests in all intellectual properties of the Comments. You warrant that: (i) any use of Comments by us will not violate any right of any third party; and (ii) any Comments are not libelous, unlawful, or obscene. Participating Merchants, Third Party Providers, and other partners are not our agents, and have no authority to take any action or make any commitments on our behalf. You and we are the only parties that may enforce these terms and Conditions; there are no third party beneficiaries of these Terms and Conditions. Any waiver by us of our rights under these terms and Conditions must be in writing and signed by us. A waiver of a right by us in one instance will not limit our ability to enforce the right in another instance. Enforcement and Choice of Law This Agreement shall be governed by the laws of the Arkansas, without regard to its conflict of laws principles. For all disputes arising from or related to the MyArkansas Rewards program and its Website, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Arkansas. If any part of this Agreement is unenforceable, such part will not make any other part of these Terms and Conditions unenforceable. Entire Agreement Subject to the terms of any other agreement(s) applicable to any products or services accessed or purchased by you from us, these Terms and Conditions constitute the entire agreement between you and us governing your use of the MyArkansas Rewards program and its Website. Should any provision in these Terms and Conditions conflict with the terms of any other agreement applicable to any products or services accessed, requested or purchased by you from us, the terms of such other agreement(s) will control with respect to the products and services to which such terms apply.