Xbox Live Rewards Refer-a-Friend
OFFER TERMS AND CONDITIONS
1. Eligibility: Refer-a-Friend (the "Offer") is open to legal residents of the fifty (50) United States (including D.C.), the United Kingdom, Mexico, France, New Zealand, Ireland, Singapore, Hong Kong, Japan, Italy, Spain, Taiwan, and Sweden thirteen (13) years or older and Xbox Live Rewards Gold members at the time of entry. 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 October 14, 2011 at 5:00 Coordinated Universal Time (Greenwich Mean Time) 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 with Section G of these Terms. Sponsor will give a minimum of 30 days' notice prior to cancelling the Programme.
3. How to Receive Offer: During the Offer Period visit http://rewards.xbox.com/refer-a-friend, login using the Windows Live ID associated with your Xbox Live Rewards Gold membership, and follow the links and instructions to send an upgrade offer to up to five (5) friends who are current free Xbox Live members of thirteen years or older residing in an eligible location and have opted in to receive Xbox Live emails. If your friend clicks on the link and follows the instructions to purchase an Xbox Live Gold membership (“Xbox Live
Gold”), you will be eligible to receive one hundred (100) Microsoft Points and your friend will be eligible to receive four hundred (400) Microsoft Points (the "Special Offer") if:
Limit: Each participant may redeem the (400) Microsoft Points Special Offer once during the Offer Period. Multiple participants are not permitted to share the same e-mail address. Any attempt by any participant to receive the Special Offer more than once (1) by using multiple/different e-mail addresses, Xbox Live accounts, identities, registrations and logins or any other methods will void that participant's offer and that participant may be disqualified. All referrals are subject to verification and the Special Offer will be fulfilled within seventy-five (75) days of the completed referral. Microsoft Points will expire on 30 June 2013.
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 the 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 Special 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, gamertag, 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 that 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) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorised 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 post 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 offer. For United Kingdom residents: the above release does not apply to claims for personal injury or death caused by the negligence of the Sponsor or Administrator.
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 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, USA; (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 lawyer's 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 Sponsor in connection with the Offer, shall be governed by, and construed in accordance with, the laws of the State of Michigan, 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.
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