Xbox LIVE Rewards MyAchievements
TERMS AND CONDITIONS
1. Eligibility: Xbox LIVE Rewards MyAchievements (the "Offer") is open to legal residents of the fifty (50) United States (including the District of Columbia), the United Kingdom, Canada, Mexico, France, Germany, Australia, New Zealand, Ireland, Singapore, Hong Kong, Japan, Spain, Italy, Taiwan, and Sweden thirteen (13) years old or older, who are Xbox LIVE Rewards Gold members. Employees of ePrize, Inc. 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: The current phase of the offer begins on September 27, 2012 at 4:00 a.m. Coordinated Universal Time (Greenwich Mean Time) ("UTC") and will continue for the foreseeable future (the "Offer Period"). Sponsor reserves the right to shorten, extend, modify, suspend, or cancel the Programme, at its discretion, at any time in accordance. Sponsor will give a minimum of 30 days' notice prior to cancelling the Program. Please visit http://www.worldtimeserver.com or another world time database to determine local time. Administrator's computer is the official time-keeping device for the Offer.
3. How to Receive the Offer: During the Offer Period, all eligible Xbox LIVE Rewards Gold members who meet the criteria outlined below will automatically receive the Special Offer for the applicable Tier.
Tier 1: If you are an Xbox LIVE Rewards Gold member with a Gamerscore of at least three thousand (3,000) or more on the first day of the month during which your birthday occurs, you will receive a Birthday Gift (approximate retail value ("ARV"): GBP 0.15/ $0.25 USD) from Xbox LIVE Rewards during the month of your birthday. The Birthday Gift reward is subject to change during the Offer Period. Limit: One (1) Birthday Gift per person, per year during the Offer Period.
Tier 2: If you are an Xbox LIVE Rewards Gold member with a Gamerscore of ten thousand (10,000) or more as of the first day of any month during the Offer Period, you will be eligible to receive the Tier 2 Offer. Tier 2 Offer recipients will receive a special gift (approximate retail value ("ARV"): GBP £0.15/ $0.25 USD) from Xbox LIVE Rewards during the month of their birthday; and a 1% Microsoft Points refund on all eligible Xbox LIVE Marketplace purchases during each month that you qualify. Participants must be Xbox LIVE Gold members at the time of purchases to qualify. Xbox LIVE Gold membership purchases or redemptions and Microsoft Points purchases or redemptions are not eligible. The 1% Points refund will be calculated once at the end of each month within which the purchases were made and awarded by the 15th of the following month. Deposits of the Points refund will follow the Programme’s current Points deposit terms. Limit: One (1) Birthday Gift per person, per year during the Offer Period and one (1) Tier 2 Special Offer per person, per month during the Offer Period. Maximum Xbox LIVE Marketplace refund of thirty thousand (30,000) Microsoft Points during the Offer Period.
Tier 3: If you are an Xbox LIVE Rewards Gold member with a Gamerscore of twenty-five thousand (25,000) or more as of the first day of any month during the Offer Period, you will be eligible to receive the Tier 3 Offer. Tier 3 Offer recipients will receive a special gift (approximate retail value ("ARV"): GBP £0.15/ $0$.25 USD) from Xbox LIVE Rewards during the month of their birthday; and a 2% Microsoft Point refund on all eligible Xbox LIVE Marketplace purchases during each month that you qualify. Participants must be Xbox LIVE Rewards Gold members at the time of the purchases to qualify. Xbox LIVE Gold membership subscriptions and Microsoft Points purchases are not eligible. The 2% Points refund will be calculated once at the end of each month within which the purchases were made and refunded in the month following. Deposits of the Points refund will follow the Programme’s current Points deposit terms. Limit: One (1) Birthday Gift per person, per year during the Offer Period and one (1) Tier 3 Special Offer per person, per month during the Offer Period. Maximum Xbox LIVE Marketplace refund of thirty thousand (30,000) Microsoft Points during the Offer Period.
It may take the Xbox LIVE Rewards website three (3) to five (5) working days to reflect any changes to a member's Gold Status. Special Offers are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. The Sponsor reserves the right to substitute a Special Offer for one of equal or greater value if it should become unavailable for any reason. Additional terms and conditions may apply. Multiple participants are not permitted to share the same e-mail address or Xbox LIVE Rewards account. Any attempt by any participant to obtain more than the allotted rewards by using multiple/different e-mail addresses, identities, fraudulent Gamerscore, registrations and logins, or any other methods will void that participant's offer and that participant may be disqualified. You must connect to Xbox LIVE in order for your data to be updated, and you must earn the Gamerscore with the Gamertag tied to your Xbox LIVE Rewards account to qualify. Gamerscore is non-transferrable. If you let your Xbox LIVE Gold membership lapse at any time during the Offer Period, you may be disqualified for the Special Offer.
4. Sponsor: Microsoft Corporation, 1 Microsoft Way, Redmond, WA 98052 USA. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069 USA.
5. Release: By receipt of a Special Offer, the participant agrees to release and hold harmless the Sponsor, 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 Special Offer.
6. Publicity: Except where prohibited, participation in the Offer constitutes the recipient’s consent to the Sponsor’s and its agents’ use of the recipient's name, likeness, photograph, voice, opinions and/or hometown and county for promotional purposes in any media, worldwide, without further payment or consideration.
7. General Conditions: The 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 the Sponsor’s reasonable control impairs the integrity or proper functioning of the Offer, as determined by the Sponsor at its sole discretion. The Sponsor reserves the right, at 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, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The 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 utilised in the Offer; (2) any delays in updates to members' Gamerscores; (3) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4) unauthorised human intervention in any part of the registration process or the Offer; (5) technical or human error which may occur in the administration of the Offer or the processing of registrations; (6) late, lost, undeliverable, damaged or stolen mail; or (7) 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 Special Offer.
9. Disputes: Except where prohibited, the participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Offer or any Special Offer 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 (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgements and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Offer, but in no event lawyers’ fees; and (3) under no circumstances will the participant be permitted to obtain awards for, and the 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 the Sponsor in connection with the Offer, shall be governed by, and construed in accordance with, the laws of the State of Michigan USA, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
10. Participant's Personal Information: Information collected from participants is subject to the privacy statement posted on the Xbox LIVE Rewards website at http://rewards.xbox.com/privacy-policy/. The Sponsor and Administrator have notified the U.S. Department of Commerce that they adhere by the rules of the Safe Harbour Framework available under http://www.export.gov/safeharbor/eg_main_018236.asp. Participants have the right to access, withdraw and correct their personal data. Participants may request such action by sending a message to "Xbox LIVE Rewards MyAchievements," Opt-out Request c/o ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069 U.S.A.
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