1. What the Contract Covers
This is a contract between you and Microsoft Corporation, One Microsoft Way, Redmond, WA 98052. Sometimes Microsoft Corporation is referred to as 'Microsoft,' 'we,' 'us' or 'our'. This contract applies to the Bing Rewards Preview, which is also referred to in this contract as the “Preview” or “Bing Rewards”. Void where prohibited by law. Bing Rewards is a time limited program only available until September 30, 2011. The Preview is open to participants who reside in the fifty (50) United States and District of Columbia and who are at least thirteen (13) years of age.
Please note that we do not provide warranties for the Preview. The contract also limits our liability. These terms are in sections 8 and 9, and we ask you to read them carefully.
2. Bing Rewards Preview a. Bing Rewards Preview Overview
The goal of Bing Rewards is for Microsoft to learn about and understand customer search behavior in an effort to improve the Microsoft online experience. Section 2(c) describes the data collected by Microsoft for Bing Rewards and Microsoft’s use of that data. In exchange for signing up for Bing Rewards, Microsoft will provide you with 250 bonus credits that you may redeem for prizes as described at the redemption center, available at: http://www.bing.com/rewards/redeem. You also may be able to donate your credits to non-profit organizations or schools, if such option is made available by Microsoft at the redemption center, http://www.bing.com/rewards/redeem. The 250 credit bonus is limited one per user and one per computer. Microsoft may provide the opportunity to earn additional credits based on the number of online searches you do during Bing Rewards using Internet Explorer Web browser 7.0 or higher on Microsoft’s Windows Live, MSN or Bing properties, excluding Searches within Club Bing and the Club Bing toolbar and any additional Club Bing products or services, located at http://clubbing.com; and Bing Maps located at http://www.bing.com/maps. The amount of such additional credits will be capped, may be time limited and the ability to earn such additional credits will be communicated through the Reward Counter in the Bing Bar. While you may install the Reward Counter on up to three computers some offers to earn additional credits while capped in total across all machines may accumulate individually on each machine. For example, if you received an offer to receive one credit for every three Bing Shopping searches in the month of August up to 500 credits, you would receive one credit every time you completed three Bing Shopping searches on an individual computer up to the maximum number of credits. Microsoft will determine what constitutes a Search. A “Search” is the act of an individual user manually entering text 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. For Searches that are eligible for credits, users will not be rewarded with credits for Searches on tabbed browsers that are performed in background tabs.
During Bing Rewards there may be opportunities to receive additional credits by participating in offers communicated through the Reward Counter in the Bing Bar which will also be capped and may be time limited. Your time zone will be set when you sign up for Bing Rewards and applied to capped and time limited offers throughout the Preview. You may adjust the time zone we have set for you through the Bing Rewards account center at http://www.bing.com/rewards/dashboard. Bing Rewards participants also may be provided with opportunities to enter sweepstakes or contests. We encourage you to redeem your credits promptly. Microsoft may change the prizes or the non-profit organizations or schools that are available and the number of credits you must earn to receive a certain prize or make donations to non-profit organizations or schools, at any time during Bing Rewards. You must redeem your Bing Rewards credits no later than December 31, 2011. Credits earned in Bing Rewards are not valid in, and may not be used in combination with, any other program offered by Microsoft or third parties. If you leave Bing Rewards by opting-out before receiving your prize(s) you will lose your credits and any pending prize orders. If you leave Bing Rewards by opt-ing out, any donations you make to non-profit organizations or schools before you opt-out will be fulfilled as set forth in Section 2(e).
b. How to Participate in Rewards
c. Bing Rewards Preview Reward Counter
Collection and Use of Information
The Bing Rewards Preview Reward Counter (the “Reward Counter”) appears as a button on your Bing Bar downloaded in Section 2(b). In order to provide you with Bing Rewards, information such as that described below will be collected through the Bing Bar and the Reward Counter. The information collected enables us to properly record your credits, protect against fraud, and to improve Bing and your online experience. The Reward Counter information includes your system configuration, the type of operating system, the language code of the operating system and IP address and we may collect and store information about your searches (but not the actual search terms) in connection with your rewards account to assist in the prevention of fraud. The Reward Counter collects information about your interaction with Bing and different search engines including the number of web Searches you do each day on different search engines; the types of Searches you complete, such as for news or images; and the number of search ads you click on. It also collects your search default setting; whether your home page is set to www.bing.com; in error scenarios, the errors you have encountered; the version of Internet Explorer, the version of the Reward Counter software you are using, and information about the browser you are using as well as which search toolbars, if any, are installed on the computer. This information is collected and stored in connection with your Windows Live ID and for up to 15 months. The Reward Counter also may collect information regarding the way you enter search queries for fraud detection purposes. The Reward Counter will stop counting your searches and collecting the information described above when Bing Rewards ends on September 30, 2011. Bing Rewards may use the data collected through the Reward Counter, your redemption center activity, and information collected and associated with your Windows Live ID to customize your Bing Rewards experience. The Reward Counter in your Bing Bar will display the total number of credits you have available to redeem in Bing Rewards. The Reward Counter may also display other information about Bing Rewards. Your Bing Rewards account at the account center will reflect the number of available Bing Rewards credits, Bing Rewards credits in process (pending redemption orders), and redeemed Bing Rewards credits.
Installation of Reward Counter
You may install the Reward Counter on a maximum of three computers, but only one user per computer may install the Reward Counter. We may automatically check your version of the Reward Counter. We may automatically download and install upgrades to the Reward Counter to update, enhance and further develop Bing Rewards. By installing the Reward Counter, you consent to the transmission of this information and the download and installation of these updates. You also may be provided with notice to install updates yourself or to reinstall the Bing Bar and such updates and reinstallations will be required to continue in Bing Rewards. To learn about Microsoft's privacy practices, please read our online Privacy Statement at http://go.microsoft.com/fwlink/?LinkId=74170. To protect against fraud and violations of this contract, the Reward Counter may also detect various applications or software that are installed on your computer and collect non-identifiable information about your computer. If applications or software are detected on your computer that violate this contract, you will not receive prizes and credits will not be donated. You will not work around any technical limitations in the Reward Counter. You will not disassemble, decompile or reverse engineer any software included with the Preview, except and only to the extent that the applicable copyright law expressly permits this activity. You are granted a license to use the Reward Counter during the term of the Bing Rewards and we may disable the Reward Counter after the date Bing Rewards ends or if you violate this contract.
Uninstalling the Reward Counter
At any point, you may discontinue your participation in Bing Rewards and stop the collection of the information described in this Section 2(c), but continue using the Bing Bar while opt-ing out of Bing Rewards by following the steps in the Bing Rewards FAQ. If you have enrolled in Bing Rewards on more than one computer you only need to opt-out on one computer and the other computers will be opt-ed out shortly thereafter. If you opt-out of Bing Rewards before receiving your prize(s) you will lose your credits and any pending prize orders. If you leave Bing Rewards by opt-ing out, any donations you make to non-profit organizations or schools before you opt-out will be fulfilled as set forth in Section 2(e). You also may stop your participation in Bing Rewards and the collection of the information described in Section 2(c) and stop using the Bing Bar by uninstalling the Bing Bar from all machines that you enrolled in Bing Rewards. Fatal errors may occur in the Reward Counter for reasons including but not limited to participants installing a firewall or internet proxy settings which limit outbound communication from your computer. If a fatal error occurs the Reward Counter will automatically turn off and your participation in Bing Rewards including all credit earning will be suspended until you contact customer support. If you hide or disable the Bing Bar such that it is not visible in your browser, the Reward Counter will not collect data and you will not receive credits.
d. How to Receive Prizes
After earning credits, you must follow the directions at the redemption center 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 refund your credits due to a prize being out of stock or for other reasons as determined by Microsoft. Microsoft may require you to sign an affidavit, release of liability, publicity release and other documents to receive a prize. You cannot transfer credits or prizes (except for charitable donations to non-profit organizations or schools which may be made available by Microsoft at the redemption center). You may not obtain any cash or money in exchange for credits. Credits are not your personal property. Your only way to use credits is to order the specific prizes that we offer at the redemption center and send them to yourself or to contribute credits to a non-profit organization or school, when offered. Prizes are not for resale. Microsoft may limit the quantity of credits or prizes per person or per household, including per item or per prize category. If Microsoft offers airline mile prizes, each airline mile account may only receive Bing Rewards prize orders from one Bing Rewards account. If Microsoft offers gift cards, you may receive no more than U.S. $100.00 in gift cards during the Preview unless otherwise stated at the redemption center. Microsoft may substitute a prize of comparable value. Once you order a prize, it cannot be cancelled by you nor can you return your prize for a refund of credits. If you order a prize that is out of stock, Microsoft may substitute a prize of comparable value or may refund your credits. 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. The value of the prizes you receive in a calendar year may not exceed U.S. $500.00. Some prizes may have age eligibility requirements.
Microsoft reserves the right to withhold credits, prizes, and charitable donations from any user suspected of activities that violate this contract or are otherwise unlawful. Additionally, Microsoft reserves the right to remove a non-profit organization or other third party (such as an airline) from the prize offerings for reasons as determined by Microsoft including if Microsoft suspects such non-profit organization or other third party of activities that violate this contract or are otherwise unlawful.
Prizes will be mailed to verifiable 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, APO or FPO addresses, or destinations outside the fifty (50) United States and District of Columbia. Prizes will be delivered within approximately 8-12 weeks from the date your order is processed, unless the redemption center states a different schedule or the particular prize you ordered is in limited quantities, backordered, or out of stock. Credits or prizes that are undeliverable will not be resent and are forfeited.
After ordering a prize you will receive a confirmation email with an order number. You should retain your order number for your records. If you contact Microsoft in the future about your prize order you may be required to provide your order number.
e. How to Donate Credits to a Non-Profit Organization
You may choose to contribute your credits to a non-profit organization or school, when offered by Microsoft. You must follow the directions at the redemption center to pick a non-profit organization or school to receive your credits 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 non-profit organization or school. Once you make a donation of credits to a non-profit organization or school, it cannot be cancelled or refunded.
When you contribute credits to a non-profit organization or school Microsoft will provide confirmation to you, and the cash donation to the non-profit organization or school will be made on your behalf on the following schedule: For credits contributed by May 31, 2011, Microsoft will provide the cash donation to the non-profit organization or school no later than August of 2011; and for credits contributed between June 1, 2011 and December 31, 2011, Microsoft will provide the cash donation to the non-profit organization or school no later than August of 2012. Microsoft shall make such payment to non-profit organizations or schools of Microsoft’s choosing on your behalf if: (i) the non-profit organization or school you choose is no longer available at the redemption center when the payment is made; or (ii) the aggregated cash donation for your non-profit organization or school at the time the payment is made is under $10.00. Donations to non-profit organizations and schools that are undeliverable will be given to a non-profit organization or school of Microsoft’s choosing on your behalf.
3. Rewards General Conditions
Any participant deemed to be participating in any manner that does not comply with this contract may be disqualified from the Preview and any other current or future Microsoft promotions or programs. Microsoft may disqualify you, disable the Reward Counter and/or void your credits if Microsoft believes you are tampering with or abusing any aspect of the Preview or are otherwise not complying with the contract. All questions or disputes regarding the Preview, including, without limitation, those involving eligibility, participation, fraud and abuse, will be resolved by Microsoft, whose decisions shall be binding on participants.
4. How You May Use the Preview
In using the Preview, you will:
- obey the law;
- obey any codes of conduct or other notices we provide;
- keep your Preview account and password confidential, and not authorize any third party to access and/or use the Preview on your behalf except where we provide an approved mechanism for such access; and
- promptly notify us if you learn of a security breach related to the Preview.
5. How You May Not Use the Preview
You must not at any time use the Preview to harm others or the Preview. For example, you may not:
- engage in, facilitate or further unlawful conduct;
- use the Preview in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors;
- use any automated process or service to access and/or use the Preview (such as a BOT, a spider, periodic caching of information stored by Microsoft, or "meta-searching");
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Preview;
- damage, disable, overburden, or impair the Preview (or the network(s) connected to the Preview) or interfere with anyone's use and enjoyment of the Preview; or
- resell or redistribute the Preview, or any part of the Preview.
6. You Are Responsible For Your Bing Rewards Account
Only you may use your Bing Rewards account. You are responsible for all activity that takes place with your Bing Rewards account. You may not authorize any third party to access and/or use the Bing Rewards account on your behalf.
7. How We May Change the Contract
Any changes Microsoft makes will be effective immediately on notice, which it may give either by posting the new contract at the Preview site http://www.bing.com/rewards (“Site”) or via electronic mail.
A participant’s participation in the Preview after such notice will be deemed acceptance of such changes. If you do not agree to these changes, then you must cancel and stop using the Preview. If you do not stop using the Preview, then your use of the Preview will continue under the changed contract. A Participant should review the contract 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 updated"" date at the top of the agreement.
8. WE MAKE NO WARRANTY
We provide the Preview, credits and prizes 'as-is,' 'with all faults' and 'as available.' We do not guarantee the accuracy or timeliness of information available from the Preview. We and our affiliates, resellers, distributors and vendors (collectively, the 'Microsoft parties') give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
9. LIABILITY LIMITATION
You can recover from the Microsoft parties only direct damages up to US $5. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
- the Preview,
- content (including code) on third-party Internet sites, third-party program or third-party conduct;
- viruses or other disabling features that affect your access to or use of the Preview;
- incompatibility between the Preview and other services, software and hardware;
- delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Preview in an accurate or timely manner;
- late, lost, incomplete, delayed, inaccurate, garbled, undelivered or damaged registrations, credits, Reward Counter reports, prize requests, prize shipments or other errors of any kind, whether typographical, technical, computer, network, human, mechanical, electronic otherwise including without limitation errors or problems which may occur in administration of the Preview, processing registrations, tabulating credits, announcing credits or prizes or in any Preview-related materials;
- damages, losses or delays of any annual payments to non-profit organizations; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort.
It also applies even if:
- this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
- Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
10. Changes to the Preview and If We Cancel the Preview
We may change the Preview or delete features at any time and for any reason. The Preview is a pre-release version and may not work in the way a final version might work. There may be interruptions or extended downtimes. We may significantly change the final version or decide not to release a final version at all. We may cancel or suspend the Preview at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Preview cancellation, your right to use the Preview stops right away. Once the Preview is cancelled or suspended, any data you have stored in the Preview may not be retrieved later.
11. Interpreting the Contract
All parts of this contract apply to the maximum extent permitted by relevant law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the Preview. It supersedes any prior contract or statements regarding your use of the Preview. The section titles in the contract do not limit the other terms of this contract.
We may assign, transfer or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Preview or any part of the Preview.
13. No Third Party Beneficiaries
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
14. Claim Must Be Filed Within One Year
Any claim related to this contract or the Preview may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
15. Your Notices to Us
You may notify us as stated in the customer support or 'help' area for the Preview. We do not accept e-mail notices.
16. Notices We Send You; Consent Regarding Electronic Information
This contract is in electronic form. We may send you information in connection with the Preview and additional information the law requires us to send you. We may provide required information to you:
- by e-mail at the e-mail address you specified when you signed up for the Preview; or
- by access to a Microsoft web site that we identify.
Notices emailed to you will be deemed given and received when the email is sent. As long as you can access and use the Preview, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Preview.
17. Choice of Law and Location for Resolving Disputes
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of the agreement, 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 rules (whether of the State of Washington, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Washington. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, U.S.A., for all disputes arising out of or relating to this contract.