LIVE SEARCH CLUB TERMS AND CONDITIONS
last updated July 2007
1. Participation and Terms.
To participate in the Live Search Club reward program to earn tickets and rewards (the "Program"), you must be a legal resident of the fifty (50) United States and District of Columbia who is at least thirteen (13) years of age ("Participants"), and agree to these Live Search Club Terms and Conditions. Void where prohibited by law.
By participating in the Program, Participants agree (i) to these terms and conditions, the Microsoft Service Agreement and Privacy Policy (both available at http://search.live.com and made a part hereof by reference) (collectively, "Terms"), and (ii) to the decisions of Microsoft, which are final and binding in all respects. Separate terms and conditions may apply to your participation in the activities that allow you to earn tickets ("Activities"). Any Participant deemed to be participating in any manner that is not in compliance with these Terms may be disqualified from the Program and any future Microsoft promotions. Participants who are minors in their state of residence may be required to provide evidence in a form acceptable to Microsoft that his/her parent or legal guardian has agreed to the Terms.
Microsoft reserves the right at any time to modify, suspend or cancel the Program and shall have no liability as a result of such modification, suspension or discontinuance of the Program. Any changes Microsoft makes will be effective immediately on notice, which it may give either by posting the new Terms on the Program site at http://club.live.com ("Site") or via electronic mail. A Participant's participation in the Program after such notice will be deemed acceptance of such changes. A Participant should review the Terms periodically to ensure his/her familiarity with the most current version. A Participant will always be able to tell when the version was last updated by checking the "Last Revised" date at the top of the Terms.
2. Program Overview
Participants may participate in Activities with an opportunity to earn Tickets which can be applied to Rewards. Participation in any Activity is subject to the specific rules and other requirements for an Activity ("Rules"). Unused Tickets will expire if Participants do not play an Activity while signed in with his/her Windows Live ID for 180 days. Participation in Activities may be limited or restricted as Microsoft determines in its sole discretion. Activities and Rewards offered may vary. The number of Tickets available for an Activity may also vary. Microsoft reserves the right to change the number of Tickets each Participant must earn to receive a certain Reward, at its sole discretion, at any time during the Program.
3. How to Register
In order to receive Tickets and Rewards, a Participant must have a valid Windows Liveâ„¢ ID (see http://get.live.com/getlive/overview for details), and provide name, mailing address, and email address. Additional personal information may be required to receive certain Rewards (such as airline mileage account numbers for a Reward that includes airline miles). Participants are solely responsible for keeping their personal information up-to-date.
4. How to Receive Tickets and Rewards
Upon successfully completing an Activity, a Participant must follow the directions provided on the Site to claim his/her Tickets and Rewards. If there are a limited number of Tickets or Rewards, those will be provided on a first-come, first-serve basis. Unused Tickets will expire if the Participant does not participate in an Activity while signed in with his/her Windows Live ID for a period of one hundred and eighty (180) days. Microsoft reserves the right to require Participants to execute an affidavit, release of liability, publicity release and other documents as a condition to receiving a Reward. Additional terms and conditions may apply. Tickets and Rewards are provided "as is" with no warranty or guarantee, either express or implied by Microsoft. All Ticket and Reward details are at Microsoft's sole discretion. Recipients cannot transfer, substitute or redeem Tickets or Rewards for cash, and Tickets and Rewards have no cash value. Rewards are not for resale. Microsoft may limit the quantity of Tickets or Rewards per Participant or per household. Once ordered by the Participant, Rewards cannot be cancelled or returned for a refund of Tickets. Microsoft reserves the right to substitute a Ticket or Reward of comparable value, at its sole discretion. Participants are responsible for all federal, state and local taxes as well as any other costs or expenses associated with Reward acceptance and use not specified herein as being provided. Microsoft reserves the right to verify eligibility qualifications of Participants and to provide Tickets and Rewards in the name of a Participant's parent or legal guardian if the Participant is a minor in her or her primary state of residence.
Participant must be in compliance with the Terms, as determined by Microsoft, to receive a Ticket or Reward. Rewards will be mailed to the U.S. mailing address provided at time of prize redemption or, if applicable, the e-mail address provided at time of prize redemption. No Rewards will be shipped to destinations outside the United States. Rewards will be delivered within approximately 12 weeks from the date redemption request is fully processed, unless otherwise stated on the Site. Releasees (as defined below) shall not be liable for any damages, losses or delays in connection with any shipments to Participants. Tickets or Rewards that are undeliverable will not be resent and shall be deemed forfeited.
5. General Conditions
Tickets earned in this Program are not valid in and may not be used in combination with any other reward programs offered by Microsoft or third parties. By participating in the Program, Participants agree to release, discharge, indemnify and hold harmless Microsoft, its subsidiaries, affiliates, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, "Releasees") from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any Ticket or Reward attained through this Program. All applicable federal, state and local laws and regulations apply.
By participating in the Program, Microsoft shall have the right, but not the obligation, to use, display and publish Participant's first name and/or nickname used in the Activities throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes. If Microsoft makes use of the foregoing right, Participants understand and agree 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.
Releasees are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered or damaged registrations, Ticket or Reward requests or other errors or problems of any kind relating to or in connection with the Program, whether typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the processing of registrations, tabulating Tickets, the announcement of Activities, Tickets or Rewards or in any Program-related materials. Microsoft reserves the right to disqualify Participants and void their Tickets if found to be tampering with or abusing any aspect of this Program or are otherwise not in compliance with the Terms as solely determined by Microsoft.
All questions or disputes regarding the Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by Microsoft, whose decisions shall be binding on Participants.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of the Terms, or the rights and obligations of the Participant and Microsoft, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Washington, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
Participant's personal information collected in connection with this Program will be used in accordance with the Microsoft Online Privacy Notice, available at http://privacy.microsoft.com/
The Program is offered by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052.