Xbox LIVE Rewards
TERMS AND CONDITIONS

PLEASE READ CAREFULLY. By participating in Xbox LIVE Rewards Program, you agree to the following Terms:

A. Overview of the Xbox LIVE Rewards Program

1. The Xbox LIVE Rewards Program (the "Program") is a loyalty program sponsored by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052 U.S.A. ("Sponsor") and administrated by ePrize, LLC (“Administrator”) through which individuals will be offered the opportunity to earn  Microsoft Points by performing various activities ("Microsoft Points"). 

2. Individuals may redeem their Microsoft Points for items available at http://marketplace.xbox.com.

B. Eligibility

1. The Program is open to legal residents of the 50 United States (and the District of Columbia), the United Kingdom, Canada, Mexico, France, Germany, Australia, New Zealand, and Ireland who are 13 years and older at the time of enrollment.  Void where prohibited by law. Employees of Microsoft Corporation, ePrize, LLC, and each of 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.

2. Participation in the Program constitutes the participant's full and unconditional agreement: (i) to these Terms and Conditions, the Privacy Policy posted on the Rewards Site, and the Xbox LIVE Terms of Use (available at http://www.xbox.com/legal/xboxComTOU and incorporated herein by reference) and (ii) not to modify his/her Xbox or Xbox 360 console in any way that may alter or affect its performance. If you are under 18 years of age your parent/legal guardian must accept the terms on your behalf.

C. Duration of Program

Coordinated Universal Time (Greenwich Mean Time) on December 1, 2010, and is scheduled to end at 3:59 p.m. UTC on June 30, 2012 (the “Program Period”), but Sponsor reserves the right to shorten, extend, modify, suspend, or cancel the Program, at its discretion, at any time in accordance with Section G of these Terms. Please visit http://www.worldtimeserver.com/ or other world time database to determine local time. Participants can earn Microsoft Points by the methods set forth in Section E below and will be able to redeem Microsoft Points as set forth in Section F below. All Microsoft Points earned during previous phases of the Program are carried over into the current phase, but Sponsor may expire Microsoft Points from previous phases upon reasonable notice to participant.

 D. Enrolling in the Program

1. To enroll in the Program, you must meet the Eligibility Requirements in Section B of these Terms, have access to an Xbox 360 video game and entertainment system, and be an Xbox LIVE Free or Gold member in good standing.  Once you have verified that you meet these system requirements, you may enroll in the Program at https://rewards.xbox.com (the "Rewards Site").  To enroll, a participant must login to the Rewards Site using the Windows Live ID associated with his/her Xbox LIVE membership, and follow the instructions for registration.

Once registered, it may take up to ninety-six (96) hours to confirm eligibility and Xbox LIVE membership status.  Once confirmed, participants will receive a confirmation email and will be enrolled into the Program (“Enrollees”).  A rewards account will be created for each Enrollee ("Account”). The number of Microsoft Points earned by such Enrollee will be recorded and tracked in the Enrollee’s Account. If Enrollee is under 18 years of age, the number of Microsoft Points earned by such Enrollee are subject to the account settings that their parent/legal guardian has set.

2. Limit: 1 Account per person. The person who is the holder of the Xbox LIVE membership associated with the email address used to register for the Program will be deemed the participant.

E. Earning Microsoft Points

1. Earn Microsoft Points by performing any of these activities outlined in the chart below.  Enrollees will earn Microsoft Points during the Program Period as follows:

Renew 1 Month Xbox LIVE Gold Membership: Available only to participants who are Xbox LIVE Gold members renewing their Gold subscription as of the Program start date. Participants must be Xbox LIVE Gold members at the time of renewal. Xbox LIVE Free members and Xbox LIVE Trial Gold members purchasing a subscription are not eligible. Each one (1) month Xbox LIVE Gold membership purchased during the Program Period will earn ten (10) Microsoft Points, up to a maximum of one hundred-twenty (120) Microsoft Points during a twelve (12) month period. To renew your Xbox LIVE Gold subscription, either redeem a Prepaid LIVE Gold subscription, purchase a subscription from your Xbox 360 console’s Dashboard, or visit http://www.xbox.com/en-US/Live/JoinLIVE/Membership during the Program Period. Users of Prepaid LIVE Gold subscriptions will be credited upon actual renewal date, defined as the time the previous subscription would have expired.

Renew 3 Month Xbox LIVE Gold Membership: Available only to participants who are Xbox LIVE Gold members renewing their Gold subscription as of the Program start date. Participants must be Xbox LIVE Gold members at the time of renewal. Xbox LIVE Free members and Xbox LIVE Trial Gold members purchasing a subscription are not eligible. Each three (3) month Xbox LIVE Gold membership purchased during the Program Period will earn thirty (30) Microsoft Points, up to a maximum of one hundred-twenty (120) Microsoft Points during a twelve (12) month period. To renew your Xbox LIVE Gold subscription, either redeem a Prepaid LIVE Gold subscription, purchase a subscription from your Xbox 360 console’s Dashboard, or visit http://www.xbox.com/en-US/Live/JoinLIVE/Membership during the Program Period. Users of Prepaid LIVE Gold subscriptions will be credited upon actual renewal date, defined as the time the previous subscription would have expired.

Renew 12 Month Xbox LIVE Gold Membership: Available only to participants who are Xbox LIVE Gold members renewing their Gold subscription as of the Program start date. Participants must be Xbox LIVE Gold members at the time of renewal. Xbox LIVE Free members and Xbox LIVE Trial Gold members purchasing a subscription are not eligible. Each twelve (12) month Xbox LIVE Gold membership purchased during the Program Period will earn two hundred (200) Microsoft Points, up to a maximum of two hundred (200) Microsoft Points during a twelve (12) month period. To renew your Xbox LIVE Gold subscription, either redeem a Prepaid LIVE Gold subscription, purchase a subscription from your Xbox 360 console’s Dashboard, or visit http://www.xbox.com/en-US/Live/JoinLIVE/Membership during the Program Period. Users of Prepaid LIVE Gold subscriptions will be credited upon actual renewal date, defined as the time the previous subscription would have expired.

Purchase or Renew to Xbox LIVE Gold Family Pack: Available only to any participant who is the primary account holder of Xbox LIVE Gold Family Pack.  Any Xbox LIVE Gold Family Pack subscriber who meets the eligibility requirements set forth in Section B may participate in the Program.  Only participants who purchased an Xbox LIVE Gold Family Pack on or after November 4, 2010 or who purchase an Xbox LIVE Gold Family Pack during the Program Period will earn four hundred (400) Microsoft Points, up to a maximum of four hundred (400) Microsoft Points during a twelve (12) month period. To subscribe online visit http://www.xbox.com/en-US/Live/JoinLIVE/Membership?Family during the Program Period.

Purchase or Renew to Xbox LIVE Online Gold Membership:  Available only to participants making their first Xbox LIVE Online Gold membership purchase (it is still considered a "first time purchase" if the participant has not purchased an online membership since 12/31/07). This offer is applicable for free members upgrading to Gold as their first Online subscription or Gold members renewing first time to Online membership from Retail subscription card. “Online” subscriptions are those purchased from http://www.xbox.com, or from the Xbox 360 Dashboard. Prepaid LIVE Gold subscriptions do not qualify. Only participants who purchase Xbox LIVE Online Gold Membership will earn one hundred (100) Microsoft Points, up to a maximum of one hundred (100) Microsoft Points during a twelve (12) month period. To subscribe online visit http://www.xbox.com/en-US/Live/JoinLIVE/Home during the Program Period.  

Make Your 1^st Purchase on Xbox LIVE Marketplace: Available only to participants making their first Xbox LIVE Marketplace purchase since joining Xbox LIVE (it is still considered a "first time purchase" if the participant has not made a Marketplace purchase since 12/31/07).  This is defined as the purchase of an Xbox LIVE Marketplace item using Microsoft Points or a dollar denominated credit card transaction. Your first purchase must be made on or after the confirmation of your enrollment into the Program. The purchase of Microsoft Points only will not count towards receiving these Microsoft Points. If you have already made an Xbox LIVE Marketplace purchase prior to the start of the Program, you are not eligible for this award. Only participants who make their first purchase on the Marketplace will earn one hundred (100) Microsoft Points. Participants can only earn these Microsoft Points one time during the Program.

Purchase Select Xbox LIVE Marketplace Content:  Available to Xbox LIVE Rewards members who purchase select Xbox LIVE Marketplace content in the defined period, promoted on Rewards Site.

Subscribe and Use Netflix: Available to participants who are not subscribers to the Netflix service through Xbox LIVE as of the Program start date and upon confirmation of your enrollment into the program. Signing up for the Netflix Service via Xbox LIVE on your Xbox 360 console and keeping the subscription for at least a month during the Program Period will earn one hundred (100) Microsoft Points. Use of the Netflix service for greater than 10 minutes prior to confirmation of enrollment into the program will render the participant ineligible for this award. Xbox LIVE Gold and Netflix Unlimited memberships are required for Netflix streaming. See Netflix Terms of Use for details about the Netflix service. Participants can only earn these Microsoft Points one time during the Program.  

Take a Quick Survey Each Month: The Program will contain one online, multiple choice survey each month. Only one complete submission for each survey will be rewarded per participant. A completed survey is one in which all required questions have been answered and the survey was submitted by the date specified.  Each completed survey will be awarded twenty (20) Microsoft Points, up to a two hundred-forty (240) maximum during a twelve (12) month period.

Program Limit:  The maximum number of Microsoft Points a participant can earn during a twelve (12) month period is thirty thousand (30,000). The twelve (12) month period begins July 1, 2011 and ends June 30, 2012.

1. Sponsor also reserves the right in its sole discretion to add, remove or change the number of Microsoft Points awarded for actions as well as the actions that Enrollees can perform to earn Microsoft Points, at any time throughout the Program. 

2. Enrollees may not combine or transfer Microsoft Points with other Enrollees’ Accounts.  Enrollees may not transfer, sell, or perform any other action in any manner in violation or attempted subversion of these Terms and Conditions.  Any attempt to combine or transfer Microsoft Points will result in disqualification from the Program and forfeiture of all Microsoft Points in any Enrollee’s Account.  Sponsor reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Sponsor believes (in its sole discretion) that an Enrollee (or Enrollees) have violated this provision.

3. Enrollees are responsible for the payment of all taxes which may result from the reward(s) received as part of the Program.

4. It will take up to 96 hours after Enrollees perform point earning activities for their corresponding Microsoft Points to appear in the Enrollee’s Account as "pending". An Enrollee needs 100 or more "pending" Microsoft Points before the Microsoft Points will be converted to "awarded". Once an Enrollee has 100 or more "pending" Microsoft Points, it will take up to 45 days for such Microsoft Points to appear in the Enrollee's Account as "awarded".  Sponsor reserves the right in its sole discretion to award Microsoft Points at a later date if additional time is needed for any reason. Microsoft Points in an Enrollee's Account as "pending" cannot be redeemed until they appear in the Account as "awarded".

5. Once an Enrollee earns Microsoft Points, the validation of the potential Microsoft Points earned will be subject to verification by a judging organization whose decisions on the outcome are in its sole discretion and are final and binding. Microsoft Points will not be awarded until after the verification process is complete. Microsoft Points are void if: (a) an Enrollee does not meet the eligibility criteria; (b) an Enrollee is not an Xbox LIVE member in good standing; (c) an Enrollee has not earned the Microsoft Points in accordance with these Terms and Conditions and through legitimate channels; or (d) if the Microsoft Points are counterfeit, altered, defective, tampered with or irregular in anyway.

6. Each Enrollee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly.

7. If an Enrollee believes that Microsoft Points were not properly accrued to his/her Account, the Enrollee must contact customer service through a method provided on the FAQ page on the Rewards Site within 15 days of the day of the award date.

8.  Sponsor’s decisions regarding the awarding of Microsoft Points are final and binding. Earned Microsoft Points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from such Enrollee's Account.

9. Enrollees may earn Microsoft Points in the manner set forth above during the Program Period, unless extended or otherwise modified by Sponsor.

F. Redeeming Microsoft Points

1. Enrollees may redeem their Microsoft Points for various items (“Rewards”) listed in the "Xbox LIVE Marketplace" at http://marketplace.xbox.com while supplies last.  The Rewards Site will list the corresponding Microsoft Points value required to redeem each item.  Follow the links and instructions to redeem such Microsoft Points.  Sponsor reserves the right to modify the list of items available for Microsoft Points redemption, as well as their corresponding Microsoft Points values, at any time for any reason during the Program Period.  Enrollees are responsible for ensuring their Account information is accurate and up to date.  All Microsoft Points redemptions are final. 

2.  Microsoft Points awarded during the Program Period must be redeemed by June 30, 2013.  Any Microsoft Points remaining in an Enrollee's Account after the expiration period described above will be forfeited without compensation.   

3. The Microsoft Points have no cash value and are only redeemable for Rewards via the Program.

4. Enrollees must earn Microsoft Points in the manner set forth above by June 30, 2012, at 11:59 p.m. ET (the end of the Program Period), unless extended or otherwise modified by Sponsor.

G. Modifications and Termination of the Program

1. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, the duration of the Program Period, methods by which enrollees can earn Microsoft Points, the amount of Microsoft Points earned for each action, the number of Microsoft Points that may be redeemed through the Program, and any of the options made available to Enrollees with respect to their Accounts - at any time, even though these changes may affect an Enrollee's ability to accrue or use his/her Microsoft Points. 

2. Sponsor reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect an Enrollee's ability to accrue or use his/her Microsoft Points. In the event of an early termination, Enrollees will have at least 30 days from date Program termination is announced to redeem their Microsoft Points.  

3. Any changes Sponsor makes will be effective immediately on notice, which it may give either by posting to the Rewards Site or via electronic mail. An Enrollee's continued participation in the Program constitutes the Enrollee's acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at https://rewards.xbox.com and will supersede all previous versions of these Terms and Conditions.

H. General Terms and Conditions

1. Privacy.  The Privacy Statement on the Rewards Site will apply to this Program and to all information that we receive from your registration in the Program. Please read the Privacy Statement on the Rewards Site before registering for the Program.  Please note that by accepting the Terms and Conditions you are also accepting the terms of the Privacy Statement.  Participation in the Program implies authorization to transfer personal data to the United States for purposes of administration of the Program. Personal information may be used to: (a) contact participants regarding the Program; and (b) if a participant selects to receive additional information, to send additional information to that participant.  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 Program” Opt-out Request c/o ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069 U.S.A.

2. Publicity Release.  By participating in the Program, Sponsor shall have the right, but not the obligation, to use, display and publish Participants name, Xbox LIVE gamertag, Xbox LIVE Avatar, name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes.  If Sponsor makes use of any of the foregoing rights, Enrollee understands and agrees that they will not receive any other consideration, or payment, notification or credit, nor will they have any approval over how the foregoing rights are used.

3. Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal, municipal, provincial, state or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Microsoft Points. In addition to discontinuance of participation privileges, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

4. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating points for combined use.

5. Microsoft Points do not constitute property of an Enrollee and may be revoked at any time by Sponsor as set forth herein. Microsoft Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.

6. Sponsor is not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Program.

7. All questions or disputes regarding eligibility for the Program, earning or redemption of Microsoft Points, or an Enrollee's compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.

I. Limitation of Liability

1. Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MICROSOFT CORPORATION, EPRIZE, LLC, THEIR RESPECTIVE RELATED COMPANIES, PARENTS, SUBSIDIARIES, AFFILIATES, AND RESPECTIVE AGENTS AND THEIR AGENCIES, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THE PROGRAM ("RELEASEES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OR ITEMS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY MICROSOFT POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF MICROSOFT POINTS. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. For United Kingdom residents: the above release does not apply to claims for personal injury or death caused by the negligence of Sponsor or Administrator.  The Sponsor, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by third parties.  TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.

2. As a condition of participating in this Program, Enrollee agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Oakland County, Michigan U.S.A.; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will Enrollee be permitted to seek recovery for, and Enrollee hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.

3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Enrollee and Sponsor in connection with the Program, 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 or provisions (whether of the State of Michigan U.S.A., or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan U.S.A.

4. These Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

6. Nothing in these Terms and Conditions shall be deemed to exclude or restrict any of the participant's statutory rights as a consumer.