Xbox LIVE Rewards
TERMS AND CONDITIONS

PLEASE READ THIS CAREFULLY. By participating in Xbox LIVE Rewards Programme, you are agreeing to the following Terms:

A. Overview of the Xbox LIVE Rewards Programme

1. The Xbox LIVE Rewards Programme (the "Programme") is a Loyalty Programme sponsored by the Microsoft Corporation, One Microsoft Way, Redmond, WA 98052 U.S.A. (the "Sponsor") and administered by ePrize, Inc., (the “Administrator”), via which individuals will be offered the opportunity to earn Microsoft Points ("Microsoft Points") and other rewards ("Rewards") by performing various activities. 

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

B. Eligibility

1. The Programme 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, Ireland, Singapore, Hong Kong, Japan, Italy, Spain, Taiwan, and Sweden who are 13 years and older at the time of enrolment. Void where prohibited by law. 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.

2. Participation in the Programme constitutes the Participant's full and unconditional agreement: (a) to the Terms and Conditions, the Privacy Statement posted on the Rewards Site, and the Xbox LIVE Terms of Use (available at http://www.xbox.com/en-GB/legal/xboxComTOU and incorporated herein by reference) and (b) not to modify his/her Xbox or Xbox 360 console in any way that could 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 Programme

The current phase of the Programme begins at 5:00 Coordinated Universal Time (Greenwich Mean Time) on December 1, 2010, and is scheduled to continue for the foreseeable future. However, 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. Sponsor will give a minimum of 30 days' notice prior to canceling the Programme. Please visit http://www.worldtimeserver.com/ or other world time database to determine local time. Participants can earn Microsoft Points via the methods set out in Section E below, and will be able to redeem Microsoft Points as set out in Section F below. All Microsoft Points earned during previous phases of the Programme are carried over into the current phase, but the Sponsor may expire Microsoft Points from previous phases on giving reasonable notice to a Participant.

D. Enrolling in the Programme

1. To enrol in the Programme, you must meet the Eligibility Requirements laid out 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 requirements, you can enrol in the Programme in one of these ways:

(a) Visit http://rewards.xbox.com (the "Rewards Site"). To enrol, 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.

(b) Or, use your Xbox 360® video game and entertainment system log-in to the Xbox LIVE service and follow the instructions to download the Xbox LIVE Rewards registration Gamer Picture.

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 Programme (the “Enrollees”). A rewards account will be created for each Enrollee (the "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: One account per person. The person who is the holder of the Xbox LIVE membership associated with the Email address used to register for the Programme will be deemed to be the 'Participant'.

E. Earning Microsoft Points and Other Rewards

1. Earn Microsoft Points or other rewards by performing any of these activities outlined in the chart below. Enrollees can earn Microsoft Points or other rewards during the Programme Period according to the following scheme:

Renew 1 Month Xbox LIVE Gold Membership: Available only to participants who are Xbox LIVE Gold members renewing their Gold subscription as of the Programme 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 Programme 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-GB/Live/JoinLIVE/Membership during the Programme 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 Programme 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 Programme 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-GB/Live/JoinLIVE/Membership during the Programme 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 Programme 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 Programme 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-GB/Live/JoinLIVE/Membership during the Programme 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 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 31/12/07). 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-GB/Live/JoinLIVE/Home during the Programme Period.  

Make Your 1^st Purchase on Xbox LIVE Marketplace: Available only to participants making their first Xbox LIVE Marketplace transaction (it is still considered a "first time purchase" if the participant has not made a Marketplace purchase since 2007/12/31). This is defined as the purchase of an Xbox LIVE Marketplace item using Microsoft Points or a dollar denomination credit card transaction. Your first purchase must be made on or after the start date of the Programme. The purchase of Microsoft Points only will not count towards receiving these Microsoft Points. If you have already made an Xbox LIVE Marketplace transaction before the start of the Programme, 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 Programme.

Purchase Select Xbox LIVE Marketplace Content: Available to users who purchase select Xbox LIVE Marketplace content as defined on Rewards Site.

Activate and Use Sky on Xbox LIVE: Available to participants who are not subscribers to the Sky service through Xbox LIVE (or have not activated their Sky service on Xbox LIVE) as of the Programme start date and upon confirmation of your enrollment into the programme. Activating or signing up for the Sky Service via Xbox LIVE and keeping the subscription for at least a month during the Programme Period will earn one hundred (100) Microsoft Points. Xbox LIVE Gold and Sky memberships are required for Sky streaming. See Sky Terms and Conditions for details about the Sky Service. Participants can only earn these Microsoft Points one time during the Programme.

Activate and Use Netflix on Xbox LIVE: Available to participants who are not subscribers to the Netflix service through Xbox LIVE as of 15 February 2012 and upon confirmation of your enrolment into the programme. 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 Programme Period will earn one hundred (100) Microsoft Points. Use of the Netflix service for greater than ten (10) minutes prior to confirmation of enrolment into the programme 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 Programme. 

Take a Quick Survey Every Month: The Programme will contain one online, multiple choice survey every 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) Microsoft Point maximum during a twelve (12) month period.

MyPunchard Offers: Beginning on 28 March 2013, at least one (1) MyPunchcard offer will be available. To participate in a current MyPunchcard offer, visit http://rewards.xbox.com/mypunchcard and complete the actions described to earn the Reward for that MyPunchcard.   The dates each MyPunchcard is available will be detailed at http://rewards.xbox.com/mypunchcard. Limit: Each Enrollee may receive one (1) Reward per MyPunchcard.

F. Microsoft Points Restrictions

1. Programme 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 1 July 2012 and ends 30 June 2013.

2. The Sponsor also reserves the right at 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 during the Programme period.

3. Enrollees are not permitted to combine or transfer Microsoft Points with other Enrollees’ Accounts. Enrollees cannot 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 Programme and forfeiture of all Microsoft Points in any Enrollee’s Account. The Sponsor reserves the right to take any other or additional action it deems appropriate at its sole discretion, in the event that Sponsor believes (at its sole discretion) that an Enrollee (or Enrollees) have violated this provision.

4. Enrollees are responsible for the payment of all taxes that may arise from the reward(s) received as part of the Programme.

5. 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 after the point-earning activity for such Microsoft Points to appear in the Enrollee's Account as "awarded". The Sponsor reserves the right, at their 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".

6. 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 at their 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, or (c) an Enrollee has not earned the Microsoft Points in accordance with these Terms and through legitimate channels or (d) if the Microsoft Points are counterfeit, altered, defective, tampered with or irregular in anyway.

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

8. 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.

9. The Sponsor’s decisions regarding the award 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.

10. Enrollees can earn Microsoft Points in the manner laid out above during the Programme Period, unless extended or otherwise modified by Sponsor.

G. Redeeming Microsoft Points

1. Enrollees can redeem their Microsoft Points for various 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. The Sponsor reserves the right to modify the list of items available for Microsoft Points redemption, as well as their corresponding Microsoft Point values, at any time and for any reason during the Programme 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 Programme Period must be redeemed within one (1) year, or they will expire. 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 Programme.

4. Enrollees must earn Microsoft Points in the manner laid out above by 30 June 2013, at 3:59 UTC (the end of the Programme Period), unless extended or otherwise modified by the Sponsor.

H. Modifications and Termination of the Programme

1. The Sponsor reserves the right to modify any of the Terms and Conditions laid out herein - including, but not limited to, the duration of the Programme Period, the methods via 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 Programme, 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. The Sponsor reserves the right to terminate the Programme 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 the date Programme termination is announced to redeem their Microsoft Points.

3. Any changes the 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 Programme constitutes the Enrollee's acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that the 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.

I. General Terms and Conditions.

2. Privacy. The Privacy Statement on the Rewards Site will apply to this Programme and to all information that received as a result of your registration for the Programme. Please read the Privacy Statement on the Rewards Site before registering for the Programme. Please note that by accepting the Terms and Conditions, you are also accepting the terms of the Privacy Statement. Participation in the Programme implies authorization to transfer personal data to the United States for the purpose of administration of the Programme. Personal information may be used to: (a) contact participants regarding the Programme; 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 Programme” Opt-out Request c/o ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069 U.S.A.

2. Publicity Release. By participating in the Programme, the Sponsor will have the right, but not the obligation to use, display and publish a Participant's 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 the Sponsor makes use of any of the aforementioned rights, the 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. The Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity, or uses the Programme 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, the Sponsor shall have the right to take any appropriate administrative and/or legal action, including criminal prosecution, that they deem necessary at their sole discretion.

4. The Programme is provided to individuals only. Corporations, associations or other groups may not participate in the Programme. 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 the property of an Enrollee, and may be revoked at any time by Sponsor as laid out 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 Programme.

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

J. Limitation of Liability

1. The Sponsor is not responsible for any incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Programme or used 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, WILL THE MICROSOFT CORPORATION, EPRIZE, INC., 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 PROGRAMME (THE "RELEASEES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAMME, OR MERCHANDISE, OR ITEMS OFFERED THROUGH THE PROGRAMME, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY MICROSOFT POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF MICROSOFT POINTS. BY PARTICIPATING IN THE PROGRAMME, 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 the 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 PERMISSIBLE 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. Programme Participants agree to rely solely on the Manufacturer's warranties, if any, for any products redeemed through this Programme.

2. As a condition of participation in this Programme, the Enrollee agrees that (1) any and all disputes, claims, and causes of action arising from or connected to this Programme, or any Rewards obtained through the Programme, 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, judgements or rewards will be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Programme, but in no event Solicitors' fees; and (3) under no circumstances will the Enrollee be permitted to seek recovery for, (and the Enrollee hereby waives all rights to claim) punitive, incidental and consequential damages or 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 regarding the structure, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of the Enrollee and Sponsor in connection with the Programme, 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 Programme participants and Sponsor pertaining to the subject matter hereof and supersede 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 will be deemed to constitute a waiver of any other provisions hereof (whether or not similar), nor shall a waiver constitute a continuing waiver unless otherwise expressly stated.

5. If any provision in 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.