Xbox LIVE Rewards The Amazing Spider-Man Exclusive Digital Offer
OFFER TERMS AND CONDITIONS
1. Eligibility: Xbox LIVE Rewards The Amazing Spider-Man Exclusive Offer (the "Offer") is open to legal residents of the fifty (50) United States (and the District of Columbia) and Canada who are thirteen (13) years old or older, and who are Xbox LIVE Rewards Members. Employees of Microsoft Corporation, Sony Pictures Entertainment Inc., ePrize, LLC, and their parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible. Void where prohibited.
2. Timing: Offer begins on June 20, 2012 at 12:00 a.m. Coordinated Universal Time ("UTC") and ends on July 9, 2012 at 11:59 p.m. UTC ("Offer Period"). Administrator's computer is the official time-keeping device for the Offer.
3. How to Receive Offer: During the Offer Period, visit http://www.zune.net and purchase one (1) of the three (3) eligible movies in HD video format only (each an "Eligible Movie") from Zune Video. The Eligible Movies are the following:
Ability to purchase the Eligible Movies during the Offer Period is subject to availability.
4. Sponsor: Microsoft Corporation, 1 Microsoft Way, Redmond, WA 98052, U.S.A. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069, U.S.A.
5. Release: By receipt of any certificate, participant agrees to release and hold harmless Sponsor, Sony Pictures Entertainment Inc., Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Offer or receipt or use or misuse of the certificate.
6. Publicity: Except where prohibited, participation in the Offer constitutes recipient’s consent to Sponsor’s and its agents’ use of recipient's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
7. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Offer, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Offer, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the registration process or the operation of the Offer or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Offer may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
8. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Offer; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the registration process or the Offer; (4) technical or human error which may occur in the administration of the Offer or the processing of registrations; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Offer or receipt or use or misuse of any certificate.
9. Disputes: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Offer or any certificates awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan, U.S.A (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan, U.S.A; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Offer, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby 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 Terms and Conditions, or the rights and obligations of the participant and Sponsor in connection with the Offer, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan, U.S.A or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan, U.S.A.
10. Privacy: Please note that by accepting the Terms and Conditions you are also accepting the terms of the Privacy Statement at http://rewards.xbox.com/privacy-policy.
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