TERMS AND CONDITIONS
Big Green Egg Consumer Research Panel
By accepting these terms and conditions you confirm that you are over 18 years of age and
wish to apply to participate in an online, in-person, and/or onsite consumer research conducted by
The Big Green Egg, Inc. (“BGE”). Your opinions and responses are very important, because they
help BGE develop better strategies, better products, better services, and better advertising. You
understand that participation in the consumer research is at the sole discretion of BGE, is wholly
voluntary, and subject to the following terms and conditions:
1. Registration
(a) To voluntarily become a member (“Member”) of the BGE Consumer Research
Panel you must complete the online registration form and supply all of the requested
information asked for in the registration form. Only one registration is allowed per person.
(b) You agree to supply true, honest, current and complete answers when registering or
updating your member account and when participating in consumer research projects arranged
by BGE.
(c) You further agree when requested to review and correct all of the information
provided by you about you, your personal information and household. This includes providing
a current and accurate email address, phone number and your agreement to respond to the
research surveys and other activity requested by BGE.
(d) You also agree that while you are a participant in the BGE Consumer Research
Panel that will not participate in any other consumer research panel that would be considered
by BGE in its sole opinion to be competitive with the BGE Consumer Research Panel.
Participation in a competitive consumer research panel may subject you to termination from
the BGE Consumer Research Panel
2. Agreement Regarding Method of Communication
(a) You agree that some or all of your transactions with the BGE Consumer Research Website
(the “Site”) (and the Site’s transactions with you) will be conducted by email or similar electronic
communications, or by text messaging via cell phone, or in some instances in-person panel meeting
(this is imperative because the economics of online panels simply do not permit communication
by regular mail or telephone). If you need to contact us by phone, or if we need to contact you,
you agree that phone conversations (if any) may be recorded. You agree to update the information
at least every 12 months (or more often if necessary or requested and as provided herein) so that
the information therein is current, accurate, and true. You agree to maintain your correct and
current email address at all times and understand that failure to maintain a correct email address
means your registration may be terminated. You further understand and agree that your failure to
respond to email or similar electronic communications from the Site for a period of ninety (90)
days means that you may be subject to termination and removal from the Panel.
(b) All text messages sent to you are at standard rate. Other charges may apply. Message fees
may apply, based on the type of text messaging program you have with your carrier. BGE shall not
assess additional fees to You nor be responsible for the payment of any fees assessed or incurred
by You from your carrier.
(c) You acknowledge that by registering for the BGE Consumer Research Panel you agree to
receive marketing and advertising communication from BGE via email or text message.
3. Privacy Policy
Your privacy is strictly protected. Your personal information (name, address, telephone
number, email address, etc.) is confidential and protected, and your individual answers to surveys
are confidential and protected. Your name will never be used for any purpose other than for the
BGE research projects, and your personal information will never be sold or shared with any third
party. We shall not share or use your mobile number for any purpose other than to send you text
messages as described herein. We shall only use information you provide to transmit your text
message. However, we may always disclose any information as necessary to satisfy any law,
regulation or governmental request, to avoid liability, or to protect our rights or property. When
you complete forms online or otherwise provide us information in connection with text-messaging,
you agree to provide accurate, complete and true information. You agree not to use a false or
misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe
that any such information is untrue, inaccurate or incomplete, we may refuse to include you in, or
remove you from the BGE Consumer Research Panel and seek any appropriate legal remedies. By
accepting this Agreement, you are also agreeing to the terms of our Privacy Policy. If we cannot
reach you by email or similar electronic method, you agree that we may attempt to contact you by
mail or other methods related to the purposes of this Agreement.
4. Termination
(a) You are free to withdraw from the BGE Consumer Research Panel research at any
time without giving a reason. Please notify us by email at; [email protected] or see the
opt-out procedure set forth below.
(b) BGE reserves the right to withdraw you from our panel(s) without notice or cause
and at BGE’s sole discretion, or if we believe you have breached our terms and conditions and/or
any of our consumer survey, research procedures and/or your behavior is deemed at our sole
discretion to be inappropriate or otherwise unacceptable.
5. Confidentiality/Non-Disclosure
(a) Information provided by BGE is done so after the exercise of all reasonable care
and skill in its compilation, preparation, but is provided without liability.
(b) You agree to treat all information received as a result of your participation in the
BGE Consumer Research Panel as confidential (“Confidential Information”). This confidential
information may include, without limitation, new products, new product ideas or concepts,
packaging concepts, strategy concepts, advertising concepts, business information, new
commercials and advertising, etc. (collectively called “Confidential Information”). You agree that
you will treat the Confidential Information as confidential, that you will not copy, print, store,
forward, alter, manipulate, change or otherwise collect the confidential information, that you will
not disclose the confidential information to anyone, and that you will not use the confidential
information except for the purpose of completing the survey or research project as agreed. You
agree that any confidential information you see or hear remains the sole and exclusive property of
BGE. Such violation may result in the termination of you from the BGE Consumer Research Panel
and may also be a breach of civil and criminal laws.
6. Data Protection
(a) BGE is committed to ensuring that your data provided by you is collected, stored,
processed and disclosed in accordance with the principles of the Data Protection Acts 1984
and 1998. Except as otherwise provided herein, in the case of consumer testing, personal data will
only be released to third parties with your express consent. Refusal of consent will not affect your
participation in the BGE Consumer Research Panel or online research.
7. Indemnification
(a) You agree to indemnify BGE and its employees from any and all claims, losses, or
damages resulting from your violation of the terms and conditions of this Agreement (for example,
by providing fraudulent registration information, or providing false answers to questions, or use
or misuse of the Site, etc.). You agree that the Site has the unlimited right to defend any claims by
third parties, and the right to settle any claim without your consent or permission. You agree to
provide BGE with all reasonable assistance in the defense of applicable claims by third parties.
8. How To Opt-Out
(a) Email Messaging. To opt-out of the BGE Consumer Research Panel program email
messaging you can email “STOP” to [email protected] from your email address provided
to BGE and you shall automatically be unsubscribed from our service. You shall receive an email
confirmation that you successfully unsubscribed but shall not receive any additional messages until
you voluntarily elect to opt-in again.
9. Site Access and Interference
(a) Systematic retrieval of data from this Site to create or compile directly or indirectly, in
whole or in part, a collection, compilation, database or directory without the express written
permission of BGE is strictly prohibited. You agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy our web pages or the content contained
herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other
practice or activity the purpose of which is to obtain lists of users, portions of a database, or other
information from this Site, in any manner not authorized by BGE. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of BGE or its affiliates without prior express written consent.
You may not use meta tags or any other “hidden text” utilizing BGE’s name or trademarks without
the express written consent of BGE.
You agree that you will not use any device, software or routine to bypass any code which
may be included to prevent you from breaching the obligations in the above paragraph or to
interfere or attempt to interfere with the proper working of the Site. You agree that you will not
take any action that imposes an unreasonable or disproportionately large load on our or our host’s
computers or other infrastructure.
10. Use of Contents
The content of the Site is the property of BGE. Unless directed or permitted by the Site,
content cannot be copied, downloaded, or printed, and must retain all the copyright, trademark,
and other proprietary notices. For use of any portion of the contents, you must secure the written
consent BGE.
11. Use of Site
(a) Your use of the Site is controlled by BGE which may deny you further use of the Site at
any time, for any reason or no reason, with or without cause, regardless of your status as a member
of the BGE Consumer Research Panel. Your use of the Site does not entitle you to continued use
of the Site. Your use of the Site must always comply with applicable law.
(b) In particular, but without limitation, you agree and represent not to use the Site to:
(1) impersonate any person or entity or falsely state or otherwise misrepresent your
affiliation with any person or entity;
(2) upload, post, email or otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(3) upload, post, email or otherwise transmit any material for the purpose of conducting
any deceptive trade practice, fraud, unfair competition, or anti-competitive activity;
(4) upload, post, email or otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
(5) upload, post, email or otherwise transmit any content that you do not have the right to
publicize under law (such as insider trading information);
(6) upload, post, email or otherwise transmit any material that contains software viruses,
or any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software, network, hardware or telecommunications equipment;
(7) upload, post, email or otherwise transmit or post chain letters or pyramid schemes;
harvest or otherwise collect information about others (including email addresses) without their
consent; or upload, post, email or otherwise transmit the same information more than once or
“spam” or any other form of solicitation;
(8) use automated scripts to collect information from or otherwise interact with the Site;
(9) violate any applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force
of law; or
(10) provide material support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s) designated by the
United States government as a foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act.
Violating any of these “Use of Site” terms of this Agreement may lead to you being
immediately and permanently banned, with notification to your Internet Service Provider if
deemed required by us. The IP addresses of all users of the Site may be recorded to aid in enforcing
this Agreement.”
12. Disclaimer
(a) BGE is not responsible for any loss or damage of any kind suffered or incurred by you as
a consequence of your participation in our consumer research.
13. Independent Contractor
(a) In registering at the Site, and participating in consumer research projects, You agree that You
are acting as independent contractor and are not a joint venturer or employees of BGE.
14. Concerns and Complaints
(a) BGE values your feedback and suggestions regarding BGE Consumer Research Panel and
related matters. Please email your comments to [email protected].
15. Variation of Terms
(a) These terms and conditions are subject to review and amendment from time to time. You
will be notified of any changes by email to the address provided by you on registration and/or
by announcement on our website.
16. Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BGE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES. YOU UNDERSTAND AND ACCEPT THAT YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE
FOREGOING, YOU AGREE THAT BGE’S LIABILITY TO YOU SHALL NOT EXCEED
$1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER
PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT
AGAINST BGE ARISING OUT OF THE USE OF THE SITE OR ITS INCENTIVE PROGRAM.
17. Governing Law, and Jurisdiction
(a) This Agreement shall be governed by and interpreted in accordance with the laws of the
State of Georgia, United States without regard to its conflict of law principles. Any lawsuit shall
brought by any party to this Agreement shall be brought in the State or Superior Courts of DeKalb,
County Georgia or the Federal District Court in the Northern District of Georgia, Atlanta Division,
USA. BGE and Distributor consent to the personal jurisdiction of, and venue in, such courts.
18. Release
Should you have a dispute with another person or member of or through the Site (e.g., during a
group discussion, etc.), you agree that you release, discharge, and hold harmless to the fullest
extent of the law BGE, its officers, directors, executives, members, agents, attorneys, and
employees from all claims, demands, and damages (actual and consequential) of any kind and
nature, whether known and/or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of, or in any way connected with, such a dispute, this Agreement and your participation
as part of the BGE Consumer Research Panel.
19. Intellectual Property Rights
BGE is protected by copyright, trademark, trade dress andother intellectual property rights.
(a) BGE’s logos, and other trademarks, service marks, labels, product names and
service names (collectively, the Marks) are owned by BGE. You agree not to copy, display or
otherwise use any of the Marks without the prior written permission of BGE. Notwithstanding the
foregoing, the Marks may not be used in any manner likely to cause confusion, to disparage or
dilute these Marks, and/or to use in connection with any product or service that is not authorized
or sponsored by BGE
(b) All questions, answers and responses to screeners, surveys, group discussion
questions or probes, ideation sessions, innovation sessions, or other research projects or
information become the exclusive property of BGE, with the exception of the personal identity
and information provided by you as a participant in the BGE Consumer Research Panel, which
shall be protected at all times by BGE.
(c) The entire Site, and all object code and source code, text, graphics, multimedia
content, including but not limited to images, illustrations, audio and video clips, html and other
markup languages, questions, screeners, surveys, group discussion questions, videos, new product
concepts, ads, and all scripts within the Site associated therewith, are copyright 2023 The Big
Green Egg, Inc. All rights reserved. This copyrighted and proprietary property of BGE may not be
duplicated or used without BGE’s. prior written consent.
(d) If you provide BGE any solicited or unsolicited suggestions, answers, responses,
ideas, new product ideas, Site improvement ideas, incentive ideas, or other suggestions or
proposals (the “Submission”), BGE will consider the Submission to be non-confidential and
nonproprietary. BGE shall have no obligations concerning the Submission, contractual or
otherwise (including, but not limited to, an obligation to keep the Submission confidential), and
shall not be liable for any use or disclosure of any Submission. BGE shall be entitled to unrestricted
use of Submission for any purpose whatsoever, commercial or otherwise, without compensation
to you. You agree to assign to BGE all rights to publish or use the Submission and all previously
submitted materials, in any tangible medium of expression, now known or later developed, from
which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid
of a machine or device, including without limitation the rights to archive, republish, edit,
manufacture, market, sell, repackage or revise any material in any manner as BGE sees fit. The
rights conferred upon BGE by this Agreement shall be exclusive to BGE in perpetuity.
You acknowledges and agree that (i) all Submissions are the sole and exclusive property of BGE; (ii)
BGE owns all worldwide rights therein under Work Made for Hire provisions of the United States
Copyright Act; (iii) You agree to cooperate with BGE in taking any actions as may be reasonably
requested to secure on BGE’s behalf all rights to the Submission, whether by copyright, trademark,
patent or otherwise; and (iv) You assign all rights, title and interests to the Submission to BGE
without further consideration, regardless of whether or not the Submission is Work Made For Hire
under the United States Copyright Act of 1976 (17 U.S.C. § 101). You further disclaim any rights
of attribution in Submission.
20. Communications Decency Act
Please note that BGE may be considered a provider of an interactive computer service
under the Communications Decency Act or “CDA” (see 47 U.S.C. § 230). Because this important
law is not well known, we want to take a moment to explain the law.
The CDA provides that when a user writes and posts material on a website such as the Site,
the website itself cannot, in most cases, be held legally responsible for the posted material.
Specifically, 47 U.S.C. § 230(c)(1) states, “No provider or user of an interactive computer service
shall be treated as the publisher or speaker of any information provided by another information
content provider.” Because the comments and opinions on the Site are authored by users of the
Site, we cannot be legally regarded as the “publisher or speaker” of the content contained here, and
hence we are not liable for the content even if it contains false or inaccurate information.
BY CHECKING OUR ACCEPTANCE BOX YOU AGREE THAT YOU HAVE READ,
ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.