Live Search Club: Terms and Conditions

Live Search Club Terms and Conditions

Live Search Club PROGRAM

Terms and Conditions

last updated Wednesday, May 28th, 2008

1. Participation and Terms.

To earn tickets and prizes in the Live Search Club Program (the "Program"), you must be a legal resident of the 50 United States and District of Columbia, and agree to these Live Search Club Program Terms and Conditions. Void where prohibited by law.

By participating in the Program, you 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) and the Rules (defined below) (collectively the "Terms"), and (ii) to the decisions of Microsoft, which are final and binding in all respects. Separate terms and rules may apply to your participation in the activities that allow you to earn tickets ("Activities"). Microsoft may limit or restrict your ability to participate in the Program. Microsoft can disqualify you from the Program if Microsoft believes you are not complying with the Terms or if you are suspected of activities that Microsoft deems as unlawful.

Microsoft may change, suspend or cancel the Program or Terms at any time. If we make such changes, we will provide notice by posting the new Terms on the Program site at http://club.live.com ("Site") or by sending you an e-mail. If you do not agree to the changes, then you must stop participating in the Program. If you do not stop participating in the Program, then your participation in the Program will continue under the changed Program or Terms.

2. Program Overview

You may earn tickets by participating in Activities that you can redeem for prizes. Your participation in Activities shall be subject to additional rules or play guidelines ("Rules"). Microsoft may limit or restrict your ability to participate in certain Activities. If you download the Live Search Club toolbar you may earn tickets for Searches using the toolbar when logged in with your Windows Live™ ID. A "Search" is the act of an individual user manually entering text on the Site for the good faith purpose of obtaining results for such user’s own research purpose, as determined by Microsoft. A Search does not include any query entered by a bot, macro or other automated or fraudulent means of any kind. Microsoft will determine what constitutes a Search and may limit the tickets earned for activities such as the repeated entry of the same search query term.

We encourage you to redeem your tickets promptly. Microsoft may change the Activities and prizes that are available, the number of tickets you can earn for an Activity, and the number of tickets you must earn to receive a certain prize, at any time during the Program.

3. How to Register

To receive tickets, you must have a Windows Live™ ID (see http://get.live.com/getlive/overview for details). Additionally, to receive prizes, you may be required to provide your name, mailing address, and/or email address so we can deliver the prize. Other personal information may be needed for certain prizes (such as airline mileage account numbers for a prize that includes airline miles). You are responsible for keeping your personal information up-to-date.

4. How to Receive Tickets and Prizes

After earning tickets, you must follow the directions on the Site to order prizes. There may be a limited number of a particular prize; those prizes will be delivered on a first-come, first-served basis. Microsoft may require you to sign an affidavit, release of liability, publicity release and other documents to receive a prize. Tickets and prizes are provided "as is" with no warranty or guarantee, either express or implied by Microsoft. You cannot transfer tickets (except for charitable donations made available by Microsoft for certain Activities). You may not obtain any cash or money in exchange for tickets. Tickets are not your personal property. Your only way to use tickets is to order the specific prizes that we offer under the Program or to contribute tickets to a charity. Prizes are not for resale. Microsoft may limit the quantity of Tickets or Prizes per person or per household. Each household may receive a maximum quantity of 3 of each hardware and software prize item. For example, a household may receive no more than 3 copies of Microsoft Windows Vista, 3 copies of Microsoft Office, and 3 Microsoft Zunes.

Once you order a prize, it cannot be cancelled or returned for a refund of tickets. Microsoft may substitute a prize of comparable value. You are responsible for all federal, state and local taxes and any other costs or expenses of accepting and using the prize, unless Microsoft specifically says it is provided. Microsoft reserves the right to verify your eligibility qualifications and to provide tickets and prizes in the name of your parent or legal guardian if you are a minor.

You must comply with the Terms, as determined by Microsoft, to receive a ticket or prize. You must not use any bot, macro, cheat code or other automated way to participate in Activities or the Program or to earn tickets. You may not use more than one Windows Live™ ID to avoid restrictions or other limitations on Activities, tickets, prizes or the Program. Microsoft reserves the right to withhold tickets and prizes from any user suspected of activities that violate the Terms or are otherwise unlawful. Additionally, Microsoft reserves the right to remove a charity or other third party (such as an airline) from the prize offerings if Microsoft suspects such charity or other third party of activities that violate the Terms or are otherwise unlawful.

Prizes will be mailed to the U.S. physical postal address or e-mail address you provide when you order your prize. No prizes will be shipped to P.O. Boxes or destinations outside the United States. Prizes will be delivered within approximately 6-12 weeks from the date your order is processed, unless the Site states a different schedule or the particular prize you ordered is in limited quantities or backordered. Releasees (as defined below) are not liable for any damages, losses or delays of any shipments. Tickets or prizes that are undeliverable will not be resent and are forfeited.

5. How to Donate Tickets to Charity

You may choose to contribute your tickets to a charity. You must follow the directions on the Site to pick a charity to receive your tickets as a donation. You may not obtain any cash or money in exchange for your donation. Donations are not your personal property. Microsoft may limit the number of donations to any charity. Once you make a donation of tickets to a charity, it cannot be cancelled or refunded.

When you contribute tickets to a charity Microsoft will provide confirmation to you, and Microsoft's cash donation to the charity will be part of an annual payment. Annual payments to charities are made in June and calculated based on the funds contributed from May 1st through April 30th of each year Microsoft shall make such payment to the charity you choose or a charity of Microsoft’s choosing if: (i) the charity you choose is no longer available according to Guidestar (see below); or (ii) the aggregated cash donation for your charity is under $10.00. Releasees (as defined below) are not liable for any damages, losses or delays of any annual payments to charities. Donations to charities that are undeliverable will be given to a charity of Microsoft’s choosing.

6. 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, you 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 received through this Program. All applicable federal, state and local laws and regulations apply.

By participating in the Program, you give Microsoft the right but not the obligation to use, display and publish your first name and/or nickname used in the Activities, throughout the world forever in any media that now exists or may exist in the future including for advertising and promotional purposes. You understand and agree that if Microsoft uses this right, you will not receive any payment or other consideration, notification or credit, and you will not have any approval over how this right is used.

Releasees are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered or damaged registrations, ticket or prize requests or other errors or problems of any kind, whether typographical, technical, computer, network, human, mechanical, electronic or otherwise, including without limitation errors or problems which may occur in administration of the Program, processing registrations, tabulating tickets, announcing Activities, tickets or prizes or in any Program-related materials. Microsoft can disqualify you and void your tickets if Microsoft believes you are tampering with or abusing any aspect of this Program or are otherwise not complying with the Terms and Rules. All questions or disputes about the Program, including without limitation about eligibility, participation, fraud and abuse will be decided by Microsoft, and those decisions shall be binding on you.

Microsoft contracts with third parties including Philanthropic Research, Inc. for services related to its charitable donations through the Program. You acknowledge that certain data available or otherwise accessible on or by means of this Program is provided pursuant to a license agreement with Philanthropic Research, Inc. ("GuideStar"). By agreeing to the terms and conditions of this Agreement, you shall be deemed agreed to be bound by the provisions of the User Agreement of GuideStar , as the same may be amended from time to time, with references to the "GuideStar Site" therein deemed to refer to any data obtained from or by means of an interface or link with GuideStar's web site and any related services (collectively, GuideStar Data), and that the terms of the GuideStar User Agreement shall apply to you and your use of any GuideStar Data. Further, the only "permitted uses" of the GuideStar Data shall be to learn about nonprofit organizations for the purposes of evaluating them as recipients of personal charitable donations; and you will not be required to complete GuideStar's registration process to access such GuideStar data through this Program.