Kroger® User Research Terms & Conditions of Use

Last Revision: June 4th, 2024

Thank you for your interest in Kroger! These Kroger User Research Terms & Conditions (the “Terms”) are between you and The Kroger Co. and its subsidiaries and affiliates (collectively, “Kroger,” “us,” “we,” or “our”) and concerns your potential participation in research studies (each, a “Study,” and plural “Studies”), including Studies conducted by Study administrators on our behalf (“Researchers”). Those who participate in Studies are referred to as “Participants.” To be eligible to participate in a Study, you must acknowledge and accept these Terms, as well as our Privacy Policy, which describes our collection, use, and disclosure of your personal information in connection with our Studies.

Kroger may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms through the Kroger website at kroger.com. If you do not accept any such changes, you must not register for, and cease participating in, any Studies. The “Last Revision” date above indicates when these Terms were last changed. We do our best to keep things up to date, but if you have a technical issue, please reach out to support@userinterviews.com.

When you check the check box to indicate your agreement to these Terms and submit your application for consideration, you are agreeing to the full terms and conditions as stated below.

1. STUDY PARTICIPATION

1.1. Studies typically involve an analysis of one or more advertisements, animation videos, websites, topical interviews, software (including applications and programs), software prototype, or other online or electronic elements (“Study Elements”). Participants are selected by us to analyze remotely or in person the Study Elements via the internet by answering questionnaires and/or using audio and video recording software (“Study Recorder”).

1.2. We may, at any time and without liability, modify or discontinue any Study or any Participant’s participation in a Study. We are not obligated to offer any applicant participation in a Study.

1.3. Your participation in a Study is voluntary. In addition to Kroger’s ability to cancel any Participant’s participation in a Study, You may decide not to participate or to withdraw from participating in a Study at any time for any reason. If you withdraw or your participation is terminated, any information and/or recordings obtained prior to such withdrawal or termination may still be used according to these Terms.

2. STUDY REGISTRATION

2.1. If you wish to be considered for participation in a Study, you must register an account with us (“Account”). By registering with us, you certify that you:

  • (i) Are at least 18 years of age or the age of majority in your state,
  • (ii) Have the ability to enter into legally binding contracts under applicable law, and
  • (iii) Are capable of participating in such Study.

2.2. You may not register or maintain more than one (1) Account with us. The information you provide must be true, correct, and complete. You may update, correct, and/or delete information contained in your Account by sending an email to the appropriate team for the relevant Study. We reserve the right to restrict or prohibit your access to any Study if you provide information that, or we have reason to suspect that the information you have provided, is not true, correct, and complete. Moreover, registering as a potential Participant does not guarantee participation in a Study. We reserve the right to select or reject Participants in our sole discretion.

2.3. You are responsible for maintaining the confidentiality of any username or password associated with your Account that you use to complete any Study, and for monitoring all activity under such accounts. You may not disclose or share any such username or password with any third party, or use your Account for any unauthorized purpose. You shall be deemed responsible for, and you agree to assume full responsibility for, all activities, acts or omissions of anyone that occur using any such Account. If you become aware of any unauthorized use of any such Account, or any unauthorized disclosure of any applicable username or password, you agree to notify us immediately at the email address provided at the end of these Terms. We may act on transaction instructions received when your login credentials are used, regardless of whether use of the login credentials has been authorized by you. We are not responsible for losses or damage caused by your failure to safeguard your login credentials.

3. TECHNICAL REQUIREMENTS

To be eligible to participate in any Study, you must provide the following:

  • A high-speed broadband Internet connection;
  • A fully operational built-in, USB or plug-in headset microphone;
  • A fully operational webcam;
  • A valid email address;
  • A private place to perform the Study with your face fully lit;
  • Your own transportation to and from any in-person Studies; and
  • Any other required materials specified by us in connection with the applicable Study.

You are responsible for obtaining, maintaining, and paying for all of the foregoing, and any other hardware or telecommunications and other services needed to participate in any Study.

4. RECORDINGS

When participating in a Study that requires the use of the Study Recorder, you acknowledge and agree that the information recorded (“Study Recordings”) will include the following (and you hereby consent to the collection of such information):

  • Your device screen actions, screenshots, clicks, sounds, navigational data and your voice as you perform tasks on selected Study Elements;
  • Your facial expressions and gaze through the use of your webcam;
  • Your answers to one or more series of questions posed;
  • Your written commentary and suggestions;
  • Your vocal commentary and suggestions;
  • Your profile information, as updated by you from time to time; and
  • Any other visual or audio materials that are captured by your webcam or microphone while using the Study Recorder.

5. OWNERSHIP AND LICENSES

5.1. You acknowledge and agree that, as between you and us, we are the owner of the Study Recordings (including all intellectual property rights therein), and you hereby assign and agree to assign to us any and all right, title or interest that you may have in the Study Recordings, and agree to execute any documents and take any acts that we deem appropriate to effect or enforce such rights and any other rights granted herein.

5.2. Without limiting the foregoing, you hereby grant to us the worldwide, irrevocable, perpetual, transferable, sublicensable, fully paid-up right, without compensation or further permission, to:

  • Reproduce, perform and display (publicly or otherwise), transmit, distribute, create derivative works based upon, modify, use and otherwise exploit your name, signature, voice, image, likeness, performance, movements, personal characteristics, gestures and mannerisms (collectively, the “Likeness”) and any biographical or other information or materials concerning you or submitted by you in connection with a Study or Study registration, including any suggestions, improvements, comments, requests for changes or other ideas or recommendations (such information and materials, collectively, the “Materials”) in any media (whether now known or developed in the future) and manner, in connection with the applicable Study; and
  • Reproduce, perform and display (publicly or otherwise), transmit, distribute, create derivative works based upon, modify, use and otherwise exploit the Study Recordings, Likeness and Materials in any media (whether now known or developed in the future) and manner, in connection with the applicable Study.

5.3. You agree that we will have sole discretion in determining the extent and manner of use of, and that we are not obligated to use, the Study Recordings, Likeness, and Materials. You hereby waive any right of inspection or approval of the uses of the Study Recordings, Likeness, and Materials, and you hereby waive any and all “moral rights” and any similar rights with respect to attribution of authorship or integrity that you may have in or to the Study Recordings or Materials, either now or in the future, anywhere in the world. You agree not to copy, reproduce, alter, create derivative works of, broadcast, or publicly display or perform any Study Recordings without our prior express written permission.

6. REPRESENTATIONS AND WARRANTIES.

You represent and warrant that:

  • (i) Any factual statements made by you in connection with any Study (including in the Study Recordings or Materials) are true to the best of your knowledge or based on reasonable research for accuracy, and that neither they nor the Likeness will infringe or otherwise violate the rights of any third party; and
  • (ii) You control all of the necessary rights (or have obtained all required permissions) to grant the rights granted herein, and there is no third-party obligation that interferes with or prevents you from granting the rights specified herein.

7. CODE OF CONDUCT

To ensure a fun, fresh and friendly experience, here is the Code of Conduct that You agree to, and we will follow together.

7.1. Integrity and Honesty

  1. (i) Respect the diverse opinions, backgrounds, and experiences of all Participants. Every perspective is valuable.
  2. (ii) Be honest and genuine in your responses. Your authentic opinions are crucial for our insights.

7.2. Respectful Communication

  • (i) Please allow everyone the opportunity to contribute. Active listening is as important as sharing your views.
  • (ii) Encourage and build upon the ideas of others. Our goal is to foster a collaborative atmosphere.
  • (iii) Maintain a professional demeanor in your language and behavior.

7.3. Confidentiality

All Study materials made available to you, including, without limitation, the identity of any Researchers, any products, services, ideas, concepts, packaging, advertising, materials, notes, questionnaires, videos, charts, or other information used in connection with or arising out of the Research (collectively, “Confidential Information”). You must not use any such Confidential Information for any purpose other than your participation in the applicable Study in accordance with these Terms, and must not disclose any such Confidential Information to any third party.

Without limiting the foregoing, you agree:

  • (i) Not to take any screen shots, videos, photographs or other recordings of any images, videos, sounds, workflows, or other experiences from your participation in any Study;
  • (ii) Not to share or post information about other Participants;
  • (iii) Not to post or share, in any medium, your experiences from your participation in any Study;
  • (iv) If your participation in a Study requires you to download any such Confidential Information to a device, you will delete such Confidential Information promptly upon completion of such Study; and
  • (v) If your participation in a Study provides you with access to any password-protected or otherwise nonpublic website, mobile app or other online resource, you must not access such online resource after completion of such Study.

7.4. Safety and Comfort

  • (i) If any aspect of the discussion makes you uncomfortable, please inform the Researcher immediately.
  • (ii) Treat all Participants with respect and consideration, fostering a supportive environment.

7.5. Engagement and Feedback

  • (i) Engage with the Study openly and thoughtfully.
  • (ii) After the session, we welcome any feedback to improve future Studies.

7.6. Punctuality and Commitment

  • (i) We require at least thirty-six (36) hours’ notice for cancellations and reschedules to avoid penalty. To cancel your session, click the messages button in your confirmation email and send the following message to the Researcher: “I am unavailable for this session.” The Researcher will advise if they are able to accommodate rescheduling your session.
  • (ii) All Participants must be on time whether in person or virtual session. The Researcher conducting the Study reserves the right to withhold any Incentives or cancel your session if you are late. Multiple late arrivals may disqualify you from future participation.
  • (iii) We take not showing up for your scheduled session very seriously, as it wastes everyone's time. Not showing up to your scheduled session without giving the Researcher adequate notice may disqualify you from future participation.

7.7. Prohibited Conduct

In addition to agreeing to the above, you also agree that you will not:

  • (i) Reproduce, duplicate, copy, sell, trade, or resell our Studies for any purpose;
  • (ii) Access or use the Studies in a fraudulent, deceptive, or unlawful manner, as determined in our sole and absolute discretion;
  • (iii) Access (or attempt to access) any of our Studies by any means other than through the interface that we provide;
  • (iv) Share a single Account with any person other than the registered Account holder;
  • (v) Create and/or use multiple accounts (i.e. only one Account is permitted per person);
  • (vi) Maintain or use any false identity or multiple identities, or otherwise fail to participate in Studies using your real identity and accurate contact, demographic, and other information;
  • (vii) Submit any personal information (name, email, zip code, etc.), or other information which we determine in our sole discretion to have been false, inaccurate, or otherwise invalid in connection with any Study;
  • (viii) Post, upload, transmit, or otherwise disseminate information that (in our sole discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful, or otherwise objectionable or illegal;
  • (ix) Post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion;
  • (x) Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, or abuse anyone hatefully, racially, ethnically or, in a reasonable person’s view, otherwise act in an offensive or objectionable manner;
  • (xi) Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Study, other users’ computers, or access to or functionality of the Study;
  • (xii) Violate the contractual, personal, intellectual property, or other rights of any party, including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Study in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  • (xiii) Attempt to obtain Account information, passwords, or other private information from other Participants;
  • (xiv) Improperly use support channels or complaint buttons to make false or frivolous reports to us or to communicate with our customer support representatives in a disrespectful, belligerent, or inappropriate manner;
  • (xv) Share or distribute surveys, answers, or other information, or otherwise coach or assist other members with regard to qualifying for or answering Studies; or
  • (xvi) Submit any of the following categories of information to or through the Studies, even if requested by a Researcher associated with the Study: (a) financial account information (e.g., bank account number, information subject to the Payment Card Industry Data Security Standard (“PCI DSS”)); (b) government-issued identification number (e.g., Social Security number, driver’s license number, passport number); (c) online login credentials (e.g., authentication/authorization credentials, password, security question-and-answer); (d) biometric identifiers (e.g., genetic data, fingerprints, facial modeling data); or (e) health and genetic information subject to enhanced protection under applicable law (e.g., Protected Health Information as defined in the Health Insurance Portability and Accountability Act (“HIPAA”)). If you submit any of the foregoing categories of information to the Studies, it will be considered unauthorized use of the Studies, and Kroger will have no responsibility or liability in connection therewith.

If we determine in our sole discretion that you have violated the terms contained in this Section 7, we may in our sole discretion terminate or suspend any or all Account(s) you have created (or which are associated with you) for the Studies. You acknowledge and agree that we need not provide you with any warning or notice before terminating or suspending your Account(s) and/or your access to the Studies for any reason, at our sole and absolute discretion.

8. ACKNOWLEDGMENT TO RECEIVE COMMUNICATIONS

You consent to receive communications from us electronically, such as through emails, SMS messages, or other digital communications, including posting notices on the Site. You understand and agree that you may receive transactional emails and text messages from us related to a Study or your participation in the Studies, such as Study confirmations and reminders. Any text messages we send you are subject to our Mobile SMS Terms & Conditions of Use, which are incorporated into these Terms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received in the date we transmit any such electronic communications as described in these Terms.

All communications and user content submitted or transmitted by you to us, by electronic mail, or otherwise collected by us, will be treated as non-confidential and non-proprietary information of yours, unless you specifically indicate otherwise either prior to, or contemporaneously with, your submission of or permission to us to collect such communications and user content. You agree that any such communications and user content may be used by us at our own discretion.

9. COMPENSATION POLICY

9.1. Researchers may provide certain incentives, such as Kroger Fuel Points or Gift Cards (each, an “Incentive”), to complete Studies, as directed by Kroger. Incentives cannot be provided to associates of Kroger family of stores.

9.2. You acknowledge and agree that Kroger has no independent obligation to provide any Incentives or other compensation to you other than what was agreed initially in connection with your participation in a Study. If a Researcher chooses to distribute an Incentive directly to you, Kroger may (but is not obligated to) provide reasonable assistance to you regarding redemption of the Incentive for up to ninety (90) days after the end date of the relevant Study.

9.3. After confirmation that you have successfully completed the Study requirements, the Incentive will be issued. This may take up to thirty (30) days for Fuel Points or ten (10) days for Gift Cards. Without limiting the foregoing, any such compensation is subject to the following conditions and requirements:

  • You must claim your Incentive payment by submitting a request for such payment within the Payout Period for the applicable Study. The “Payout Period” is the ninety (90) day period immediately following your completion of the applicable Study. You hereby understand and agree that you forfeit all Incentives not requested within the applicable Payout Period.
  • As a Participant, you are an independent contractor and are solely responsible for determining any tax liabilities incurred due to payments received from us.
  • If you are subject to U.S. tax obligations, you must provide W-9 information to us if we request it.
  • All registration and profile information submitted by you must be correct and not misleading.
  • Your Study Recordings must be properly prepared and of high quality (e.g., no background noise, clear audio quality and clear, unobstructed image quality, etc.).
  • You must complete each Study prior to the expiration of the applicable testing period, as specified by us and/or the applicable Researcher.
  • You must fully and properly complete each Study, as determined by us, in accordance with the instructions and standards set by us and/or the applicable Researcher (e.g., you must complete all required tasks and speak thoughts aloud during the Study, etc.).
  • You must complete your Study without interruption by another person, and you must prevent anyone other than you from being captured by your web camera. We love kids and pets as well, but please make sure they are not on camera.
  • Your responses and submissions with respect to each Study, as well as any information you provide to us (including without limitation, contact information furnished for purposes of Study registration) shall be entirely legal, truthful, comprised of only accurate and correct information, and shall be devoid of any indicia of fraud, misrepresentation, or other illicit conduct.
  • You hereby understand and agree that you forfeit your right to receive the applicable compensation for any failure to comply with this Section 9. In addition, we may suspend or terminate your access to any Study, or your Account, if we determine that you have violated these Terms.

9.4. The Researcher reserves the right to withhold or offer partial Incentives if you do not complete your participation in its entirety. Please follow the Researcher's instructions and complete all parts required. If you have questions or need help accessing or completing your session, please click the messages button in your Account or confirmation email to contact your Researcher.

9.5. Redemption of any Study compensation is provided solely as a convenience, and Kroger is not liable to you for your failure to redeem any Study compensation, failure of delivery of any Study compensation due to incorrect information provided by you, or for any defects in any Study compensation.

9.6. You acknowledge and agree that you may forfeit some or all of any compensation offered in connection with a Study if you:

  • (i) Violate these Terms (as determined by Kroger in its sole discretion), including without limitation Section 7 (Code of Conduct),
  • (ii) Do not satisfactorily complete the Study (as determined by the Researcher in its sole discretion), or
  • (iii) Delete your Account prior to redeeming any stated compensation for the Study.

10. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, KROGER AND OUR RESEARCHERS, OR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUCCESSORS OR ASSIGNEES THEREOF SHALL NOT BE LIABLE TO YOU IN ANY RESPECT, INCLUDING WITHOUT LIMITATION, FOR ANY MATTER RELATED TO THIS AGREEMENT, THE STUDIES, THE ACTIVITIES OF OTHER PARTICIPANTS, OR FOR ANY SUBMISSIONS YOU MAKE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES.

The limitation of liability and the disclaimer in these Terms shall apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches or the failure of the essential purpose of contract or the failure of an exclusive remedy.

11. GENERAL TERMS

11.1. You agree that your participation in each Study shall be without the control of or direction by us, and that you are exercising your own independent judgment and discretion in connection therewith. Accordingly, these Terms do not, and shall not be construed to, create any employer-employee, partnership, joint venture, agency or franchisor- franchisee relationship between you and us.

11.2. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.

11.3. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction.

11.4. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

11.5. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision.

11.6. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”

11.7. These Terms, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.

11.8. These Terms will be governed by the substantive laws of the State of Ohio (excluding conflict of laws rules). The parties hereby irrevocably consent to the personal and exclusive jurisdiction of courts located in Hamilton County, Ohio. Company may assign these Terms without restriction. These Terms will be binding upon and will inure to the benefit of the parties’ heirs, successors, and/or assignees.