Terms and Conditions and Official Rules of Gift with Purchase Promotion

VOID WHERE PROHIBITED BY LAW.

MEMBER USER AGREEMENT

Agreement with Company. By becoming a member and using this web site (www.popularproductsonline.com) and the connecting path of sponsor offers to participate in this gift with purchase Promotion (the “Promotion”), which is operated and organized by Ace Brands Online Inc. (the “Company”), you (a “Participant” or “you”) agree to be bound by these Terms and Conditions and also by our Privacy policy located here. Please review our Privacy Policy which sets out our practices regarding the collection and use of your personal information before becoming a member and participating in the Promotion.

Promotion Period. Promotion begins at 12:00 p.m. Eastern Time (“E.T.”) on February 1, 2011 and continues through until 11:59 a.m. E.T. on January 31, 2012, unless extended by the Company with written notice posted right here (“Promotion Period”).
The Promotion: One “Gift” from us to you that you have selected (the “Gift”) provided you complete all of the purchase promotion requirements set out in paragraph (5) five below during the Promotion Period for the specific Gift you have selected. One of the major components of these requirements is the completion of a minimum number of offers (“Offers”) of our Sponsors by following the online instructions for each individual Offer. These Offers are displayed to you through your web browser on the online path (the “Promotional Path”) following your registration as a member of this web site www.popularproductsonline.com (“Promotion Site”). A “Sponsor” is an advertiser on the Promotional Path that is looking to create a business relationship with you and in exchange is prepared, along with all the other advertiser Sponsors, to help subsidize our cost of providing the Gift of this Promotion. Company reserves the right to substitute the selected Gift with an alternate Gift of equal or greater value or with cash in the event that the Gift becomes unavailable for whatever reason.

Note: Ace Brands Online Inc., which carries on business as popularproductsonline, is an independent promotional company and is not affiliated or sponsored by any of the listed products or services or the retailers of the Gifts.
Eligibility for Participation: This Promotion is only open to legal residents of the United States who are the age of majority in their state of residence as of the date of membership registration on the Promotion Site. In order to be eligible to participate in this Promotion you must also register and maintain a membership account on the Promotion Site with valid personal information including a) a unique email address belonging to the individual registering, b) provide valid and truthful information as requested by the Company or a participating Sponsor including full legal name, address within the United States that is not a P.O. box, phone number(s) and email.

How to Participate – What you have to do to receive your Gift – the “Requirements”:

There are five basic Requirements and Participant must also comply with the Cancellation Limitation:
1. You must select your Gift. Please note that while you may select and work towards fulfilling the requirements for more than one Gift at a time on the popularproductsonline website, you can only receive one Gift per householder per Participant lifetime.
2. You must register and maintain your membership with this Promotion Site and truthfully and accurately complete all questions on any surveys displayed to you in the Promotional Path.
3. You must also complete the required total number of Sponsor Offers for the Gift selected within the Promotion Period and within 90 days of signing up for the first Offer you have chosen to complete for the Gift selected using the same personal information provided to register, for the Gift you have selected, you must complete 1 Silver Offers, 2 Gold Offers and 3 Platinum Offers.
  
  For an Offer to be considered “completed”, Participant must have completed any requirements the Sponsor requires Participant to have completed in relation to their online Offer on the Promotional Path (including purchase of a product or service if required) within ninety days of signing up to complete the first Offer AND the Sponsor must advise us that the Participant has successfully completed his or her Offer (without the Cancellation Limitation below cancelling out the Offer). It may take 6-8 weeks for a Sponsor to advise us that you have completed their Offer following your completion of the Offer. A Sponsor “Offer” is an offer by a Sponsor of this Promotion displayed on the Promotional Path inviting you to do business with them in some way.
  
  Please note that Sponsor Offers change and expire over time so please check back periodically to see what new Offers may be available.
  
  You may work towards fulfilling the requirements for more than one Gift; however you are only eligible to receive one Gift per household per participant lifetime.
4. You must complete the Gift Redemption Process within the time frame and as set out in paragraph 6; and
5. You must comply with the Cancellation Limitations set out immediately below.

Cancelling Offer Limitation

You are NOT eligible to receive the Gift you have selected in this Promotion if you cancel your participation in ANY Sponsor Offers that you were to complete as part of the Requirements for that specific Gift prior to the printing of a conditional Gift Redemption Certificate in respect of that specific Gift.

In addition, You are also NOT eligible to receive a Gift in this Promotion if you cancel your participation in two or more separate Sponsor Offers that you were to complete for that specific gift as part of the Requirements within thirty days of the date you obtain the conditional Gift Redemption Certificate.

In addition, You are also NOT eligible to receive a second Gift in this Promotion once you have received a first Gift; - one gift per household per participant lifetime, although you will be able to complete additional Sponsor Offers should you choose to do so.

Company also reserves the right to request proof of your identity, including age and residence by way of a certified or notarial copy of your passport, driver’s license or other acceptable I.D..

If your membership is cancelled prior to completing the requirements set out in this paragraph, you are no longer eligible to participate in this Promotion.

You can check on the status of your Offer completion by checking on the “Gift Status” menu of the Promotion Site.

Gift Redemption Process: Once you have completed the first three Promotional Requirements in accordance with paragraph five (5) above and the relevant Sponsors have reported to us that you have successfully completed all the required Offers, you will be notifed that you have successfully completed the majority of the Promotion Requirements and you will then be able to print off a conditional “Gift Redemption Certificate” from the “Gift Status” section of the Promotion Site. You must then complete and mail this Gift Redemption Certificate to the Company at the address set out in paragraph 14 within 180 days of signing up for the first Offer and NOT cancel your participation in two or more separate Sponsor Offers within thirty days of printing the conditional Gift Redemption Certificate to complete the last two Promotional Requirements and remain eligible to receive your Gift. Taxes are the sole responsibility of the Participant. However, if the value of the Gift is greater than $600.00 and in order to comply with the law, you will be sent a form W-9 to be completed, notarized and returned by mail to Company in order to receive your Gift. Upon Company’s receipt of the properly completed Gift Redemption Voucher Certificate and if applicable the W-9, it will take six (6) to eight (8) weeks to ship the Gift provided you are eligible to receive the Gift.

Company recommends that you save all receipts, confirmation of orders, purchases, etc. that show you completed a Sponsor Offer for all Sponsor Offers you complete. You may be asked for copies of these as part of the Gift Redemption Process where you maintain that you have completed an Offer and a Sponsor has failed to confirm this fact. If you are unable to present them to the Company then you may not receive credit for a completed Offer.

The Company is solely responsible for sending your Gift, not the Sponsors of the Promotion, so please contact only the Company regarding any Gift fulfillment issues.
Sponsor Offers: The participating Sponsors of this Promotion are separate and independent third parties from the Company. When you complete Offers with these Sponsors, you are creating an independent business relationship between yourself and the Sponsor for which you alone are responsible. The Terms and Conditions and Privacy Policies for Sponsor Offers are different and distinct from these Terms and Conditions and Our Privacy Policy which relate solely to the Promotion.
License: By registering as a member of this Promotion Site and participating in the Promotion, Company grants to you a non-exclusive, non-transferable license to use this Promotion Site and the Promotion Path in accordance with these Terms and Conditions, the Privacy Policy and the terms and conditions of use and service and privacy policies of any Sponsors whose Offers you choose to complete.
Sponsor Fulfillment of Offers: Sponsors are also solely responsible for any issues relating to the products and services they provide to you as a result of you ‘completing’ an Offer and entering into a business relationship with them and you should contact them directly regarding any issues relating to delivery, quality of products and services, refunds, cancellations or customer service generally.
Membership Issues. You are solely responsible to maintain the security of your membership password and restricting access to your account. You are solely responsible for completing any Offers with Sponsors that you enter into as a result of your participation in this Promotion.
Membership Cancellation Company reserves the right to cancel your membership and hence your eligibility to participate in the Promotion for any of the following reasons:
1. A violation of any provision of these Terms and Conditions;
2. Tampering with the Company web site, the Promotion, the Promotional Path or any Sponsor Offers;
3. Aiding in or promoting the circumvention of this Promotion by for example, posting information on ‘cancelling the Offers’ or by any other method encouraging or directing Participants not to complete but cancel Offers of the Sponsors;
4. Using another person’s credit card to complete Offers;
5. Acting against the business interests or reputation of the Company or the Sponsors; OR
6. Paying third parties to complete the Offers.
Following termination of your membership account, you may not re-enroll or join under a new account without first receiving the Company’s written consent. If you believe your membership has been cancelled in error, please contact us at support@popularproductsonline.com.

CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE PROMOTION SITE OR THE PROMOTION PATH OR TAMPER WITH THE OFFER OR GIFT REDEMPTION PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITED BY LAW.
INELIGIBLE PARTIES. Employees of the Company, its parents, affiliates, subsidiaries, as well as those of the Sponsors, their parents, affiliates, subsidiaries and the advertising and promotion agencies of the Sponsors (collectively the “Promotional Parties”) and their immediate family members and/or those living in the same household of each are not eligible to participate in this Promotion.
RIGHT TO CANCEL. The Company reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including for examples, if the web site and/or Promotional Path is affected by a computer virus, bugs, tampering, hacking, unauthorized intervention or technical failures of any sort. Company is not responsible for computer system, phone line, hardware, software or program malfunctions; or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature.
PROMOTION SPONSOR: This Promotion is sponsored by Ace Brands Online Inc., 24-155, East Beaver Creek Road, Suite 233, Richmond Hill, L4B 3J9, support@popularproductsonline.com.
RELEASE: To the fullest extent allowed by law, by participating in this Promotion and/or by accepting the Gift, each Participant releases the Promotional Parties (as defined above in paragraph twelve) or any other agencies or entities involved with this Promotion from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by such participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use or misuse of the Gift including, without limitation, liability for personal injury, damage or loss. Except pursuant to any express written warranties that may come with a specific product or service (as part of a Sponsor Offer), Participant acknowledges that none of the Promotional Parties have made or are in any manner responsible or liable for any representation, guarantee or warranty, expressed or implied, in fact or in law, relative to any Gift awarded, including, but not limited to, its quality, availability, mechanical condition or fitness for a particular purpose.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT PARTICIPATION IN THE PROMOTION AND USE OF THE PROMOTIONAL PATH AND YOUR DECISION TO COMPLETE ANY SPONSOR OFFERS IS AT YOUR SOLE RISK. MEMBERSHIP IN THIS SITE AND THE PROMOTIONAL PATH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH SPONSORS OF THE PROMOTION OR ANY TRANSACTIONS YOU ENTER INTO WITH SPONSORS.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE TO ANY PARTICIPANT FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, NO MATTER HOW CAUSED, INCLUDING WITHOUT LIMITATION AS A RESULT OF TYPOGRAPHICAL, SYSTEM, HUMAN ERRORS AND FAILURES, FAULTY TRANSMISSIONS, TECHNICAL PROBLEMS AND MALFUNCTION(S), ACTS OF NATURE, FORCES, OR CAUSES BEYOND COMPANY’S REASONABLE CONTROL, OR THE USE OR INABILITY TO USE THE PROMOTIONAL PATH, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED FROM SPONSORS, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PROMOTION OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOST DATA OR OTHER INTELLECTUAL PROPERTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO ANY PARTICIPANT UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (i) THE VALUE OF THE “GIFT”, OR (ii) $2,000.00 OR (iii) THE ACTUAL DOLLAR AMOUNT THE PARTICIPANT SPENT COMPLETING THE SPONSOR OFFERS.
disputes: Except where prohibited by law, each Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Gift shall be resolved individually, without resort to any form of class action; (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 Promotion, but in no event legal fees; and (c) under no circumstances will Participant be permitted to obtain awards for, and Participant waives all rights to claim, indirect, 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 official Terms and Conditions, or the rights and obligations of the Participant(s) and any Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the state of California without giving effect to any choice of law or conflict of law rules. Any and all disputes relating to the Promotion, the Promotion Site, these Terms and Conditions or the Privacy Policy shall be resolved in the venue of a state of federal court situated in San Francisco, California and you as a participant in the Promotion hereby irrevocably submit to the personal jurisdiction of these CA courts for that purpose. If any provision of these Terms and Conditions is unenforceable, the unenforceability of that provision will not affect the enforceability of the remaining provisions of these Official Rules.