MICROSOFT APP BUILDER REWARDS PROGRAM TERMS OF USE


1. What this Contract Covers

These terms of use constitute a contract between you and Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA (“Microsoft”). This contract applies to the Microsoft App Builder Rewards Program (the “Program”). You access and participate in the Program through the App Builder website at https://build.windowsstore.com/ (the “Website”). This contract also applies to any software, documentation, media, support, sites, services, and updates obtained through the Program and on this Website. You can view the most current version of this contract by clicking the https://build.windowsstore.com/rewards/termsandconditions available on the “About” page of the Website. Microsoft may update this contract by posting new terms and conditions. If you do not agree to the changes, you must end your participation in the Program; if you continue to participate in the Program your participation continues under the changed contract. Your Participation in certain elements of the Program (e.g. sweepstakes or contests provided as a part of the Program) or on this Website may be subject to additional guidelines, posted notices or codes of conduct. These are incorporated by reference into this contract.

By creating an account or accepting this contract, you represent that you are at least 18 years old or have reached the age of “majority” where you live, if that is not 18 years of age. If you are under 18 or have not reached the age of majority, your parent or legal guardian must set up an account on your behalf and accept this contract.

The Program is open ONLY to users who reside in the fifty (50) United States and District of Columbia and who are at least 18 years old or have reached the age of “majority” where you live.

You must create an account and a password to participate in the Program. You will maintain the security of your account and password and you are responsible for any actions taken with your account.

As further described herein, Microsoft may modify, cancel or suspend the Program at any time.

Please note that Microsoft does not provide warranties for the Program. This contract also limits our liability. These terms are in sections 15 and 16. Please read them carefully.

2. Program Overview

The Program provides you with the opportunity to earn rewards by taking part in certain activities to develop applications (“Apps”) for the Windows 8 and Windows Phone platforms, to publish those Apps to the Windows Store and Windows Phone Store, and to have those Apps approved by the Program on the Website once they meet certain validation criteria described in Section 6.

If you do not meet the eligibility criteria of this Program you may not participate in the Program. Microsoft reserves the right to immediately and without notice cancel all Points (as defined in Section 5) and delete the account of any ineligible individual found participating in the Program.

3. Participation in the Program

You register for the Program by completing the registration process on the Website. Once you have registered, you participate in the Program by completing specific actions (“Quests”) to earn Points (as defined in Section 5 below) to redeem for rewards (“Rewards”).

4. Discontinuing your Participation in the Program

You may terminate your participation in the Program at any time by communicating your desire to terminate your participation in the Program via email to appbuilder@microsoft.com. Upon cancellation of your participation in the Program, you forfeit your accrued Points and Microsoft will not fulfill any Rewards that you have redeemed but which have not yet been fulfilled.

5. Completing Quests, Earning Points, and Redeeming Rewards

Microsoft makes available to you virtual points (“Points”) that you can use to purchase Rewards. The Website contains more information about the number of Points Microsoft will award you for the completion of specific Quests and the limitations on how often you can redeem Points for those Rewards. Once you have collected a certain amount of Points, you can redeem them for the Rewards described on the Website.

Microsoft reserves the right to add, remove, or modify Quests and/or Rewards, or any aspect thereof, at any time at its sole discretion without notice to you. Microsoft further reserves the right to adjust the number of Points needed to earn any given Reward or Rewards at any time at it sole discretion and without notice to you.

6. Additional Terms Applicable to App Submission Quest

Apps must be published to the Windows Store or Windows Phone store after July 23, 2013 to be eligible for this Quest.

To qualify for approval of the App submission Quest, developers must fill out the App Submission Form at https://build.windowsstore.com/rewards/appsquest

All Apps must comply with the Windows Store App Developer Agreement/ Windows Phone Store App Developer Agreement and the App Certification Requirements and must provide their Windows Store and/or Windows Phone Store Publisher name and ID (exact match to their Store developer dashboard) and the external URL to the corresponding App. All non-game Apps must conform to design guidelines for Windows Store and Windows Phone Store, work as described, and have a distinct and substantial content and purpose, including functionality e.g., above and beyond launching a webpage. The app may not be a modification, rework, redesign or other change to an existing and previously published Windows or Windows Phone app. Apps submitted with the same code base or clones are not eligible. Apps that have been previously published to the Windows Store and/or Windows Phone Store do not qualify as a new App for purposes of this Program. Apps must be submitted to the United States Windows Store or United States Windows Phone Store; Apps submitted to the Windows Store or Windows Phone Store outside of the United States are not eligible.

The Quest of publishing your App to the Windows Store and/or Windows Phone Store requires a membership to that respective store. You must pay the membership fee associated with each store, $49 USD for the Windows Store, and $99 for the Windows Phone Store, in order to publish your App. You may also redeem Points for a token for membership to the Windows Phone Store and/or the Windows Store through the Program.

7. Additional Terms Related to Points and Point Accrual

If you void, cancel or otherwise return a Reward, then we may not return those Points to your account. You must ensure that Microsoft properly posts your Points to your account. If you believe that you have validly acquired Points that Microsoft has not posted to your Points account, you must contact Microsoft at appbuilder@microsoft.com within ninety (90) days after the date you claimed to have acquired those Points. Microsoft may require reasonable documentation to support your claim.

Microsoft does not warrant that the Program, Website, or other information is accurate, complete, reliable, current, or error-free. In the event of an error (whether on the Website, in an order confirmation, in processing an order, delivering Points or Rewards, or otherwise), Microsoft reserves the right to correct such error. This correction may entail revising your order as necessary (including charging the correct price) or cancelling the order and providing you with a merchandise or service credit (including issuing, at our option, Points), with a value at least equal to the amount charged to you. Microsoft reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a credit as set forth above. Contact appbuilder@microsoft.com to request a credit of your Points. You release Microsoft from all liability and claims of loss resulting from any error that you do not report to Microsoft within sixty (60) days after the error first occurs. If you do not tell Microsoft within this time, Microsoft will not be required to correct the error.

8. Reward Redemption and Fulfillment

Once you have received a sufficient number of Points, you may redeem your Points for Rewards through the Website. Points awarded under the Program are not your personal property and are not redeemable for cash. Your only way to use Points is to redeem them for Rewards while the Program is in effect. Points are non-transferrable. In the event that a Reward is out of stock or for other reasons as determined by Microsoft, Microsoft may substitute a Reward of comparable value or refund Points to you. You may not resell Rewards. Once you have ordered a Reward you may not cancel your Reward or return your Reward for Points.

The following terms apply to Reward fulfillment:

Not including prizing that you may obtain through separate promotions made available through your participation in the Program, the value of the Rewards you receive through the Program in a calendar year may not exceed U.S. $599.00 in monetary value

9. Program Conditions

Microsoft grants you a license to participate in the Program and use the Website for the duration of your participation in the Program. Your license ends when the Program ends or if you violate this contract.

In participating in the Program you must comply with the Windows Live Code of Conduct (http://windows.microsoft.com/en-us/windows-live/code-of-conduct). Note, however, that despite terms to the contrary in the Code of Conduct, participation in this Program is limited to those 18 years of age or those who have reached the age of majority where they live.

If Microsoft believes that you are making unauthorized or improper use of the Program, tampering with or abusing any aspect of the Program, or are suspected of activities that violate this contract or are otherwise unlawful, Microsoft may limit or restrict the Points you receive, disqualify you from receiving Rewards, or suspend or terminate your participation in the Program. You will not work around any technical limitations in the Program.

Microsoft shall be the final arbiter of any and all disputes related to this Program, including but not limited to those concerning eligibility, fraud and abuse, and participation. Microsoft’s decisions will be binding and final.

Due to government ethics and procurement laws, employees of certain government agencies (including but not limited to military and public education institutions) are not eligible to participate. It is your sole responsibility to review and understand your employer’s policies regarding your eligibility to participate in offers and promotions.

Your participation in this Program does not create an employment relationship of any kind between you and Microsoft or otherwise entitle you to compensation or remuneration from Microsoft. Microsoft disclaims any and all liability or responsibility for violations of laws, or for disputes arising between employee and their employer related to this giveaway.

Microsoft employees and contingent staff are not eligible to participate.

This Program may not be combined with other app offers.

10. Privacy

Microsoft respects your privacy. To learn more, please read the Microsoft Online Privacy Statement https://go.microsoft.com/fwlink/?LinkId=248681.

11. Program Account

You must provide current, complete and accurate information in the registration form.

12. Reservation of Rights

Programs and Website. Microsoft retains all rights, title, and interest in and to the Program and Website. This includes all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Microsoft reserves all rights not expressly granted.

Software. If you use or receive software from Microsoft as part of the Program ("Software"), its use is governed by one of two sets of license terms; if you're presented with a license for the Software, the terms of that license apply; if no license is presented to you, these terms apply. Microsoft reserves all other rights to the Software not expressly granted by Microsoft under these license terms.

13. Term

This contract starts on the date you accept it. It continues until it is terminated. You may terminate this contract without cause at any time by discontinuing your participation in the Program as described in Section 4. If you opt out of the Program, you will forfeit any unused Points and pending Rewards.

Microsoft may cancel this contract at any time without cause as described in Section 17. A party may also terminate this contract for cause on 30 days written notice to the other party of a material breach if such breach remains uncured at the end of such period. The following sections will survive any termination or expiration of the Program: 14 (Submissions Provided to Microsoft), 16 (Limitation of Liability), 18 (Claims Must be Filed in One Year), and 21 (Governing Law).

14. Submissions Provided to Microsoft

Microsoft does not claim ownership of the content you provide to the Program. Your content remains your content. Microsoft does not control, verify, or endorse the content that you and others make available on the Program.

You hereby grant to Microsoft and its affiliates, resellers, distributors, service providers, partners, and/or suppliers the right, to use, modify, adapt, reproduce, distribute, publish, and display content posted on the Program. These include your name or other information you supply with the content. These rights apply solely to the extent necessary to provide the Program.

You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use of the content does not violate any law. Microsoft may refuse to publish your content for any or no reason. Microsoft may remove your content from the Program at any time and for any reason, including if: (a) you breach this contract; (b) the content exceeds limits on storage or file size; or (c) Microsoft cancels or suspends the Program.

15. No Warranty

Microsoft provides the Program and all associated aspects of it "as is," "with all faults," and "as available." Microsoft does not guarantee availability, accuracy or timeliness of information available from the Program. Microsoft gives no express warranties, guarantees, or conditions. Microsoft disclaims all warranties including any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement) with regard to the Program. You may have additional consumer rights under your local laws that this contract cannot change.

16. Limitation of Liability

You can recover from Microsoft and its vendors and affiliates providing and managing this Program for all successful claims only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits.

This limitation applies to anything related to:

It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose or Microsoft knew or should have known about the possibility of the damages.

This contract does not affect the statutory rights of any consumer. It also does not exclude or restrict liability for death or personal injury arising from Microsoft’s negligence, fraud, or its gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages.

17. Reserve Right to Modify, Suspend, and/or Cancel the Program or this Contract

Microsoft may change the Program or delete features of the Program or Website at any time and for any reason. There may be interruptions or downtimes. Microsoft may significantly change the Program. Microsoft may suspend or cancel the Program at any time for any reason or for no reason. Although Microsoft will endeavor to provide notice to you on the Website of the impending cancellation of the Program, your right to use the Website and the Program is immediately terminated upon cancellation of the Program and you may irretrievably lose any data, including Points, saved and accrued as a part of the Program at such time.

Microsoft may change this contract at any time and changes will be effective upon notice, which Microsoft may give by posting the new contract on the Website, or via electronic mail. You are encouraged to check this contract regularly. The “Last Updated” date at the top will indicate when the contract was last changed. If you do not agree to the updated terms you may discontinue your participation in the Program. Otherwise, your continued participation will constitute your acceptance of the updated terms.

18. Claims Must Be Filed Within One Year

To the extent permitted by law, any claim related to this contract or the Program must be brought within one year. The one-year period begins on the date when the claim first accrues. Any claim that is not filed within that time is permanently barred. This section applies to you and your successors. It also applies to Microsoft and its successors and assigns.

19. Contract Interpretation

All parts of this contract apply to the maximum extent permitted by law. A court may hold that Microsoft cannot enforce a part of this contract as written. If this happens, then you and Microsoft will replace that part with terms that most closely match the intent of the part that Microsoft cannot enforce. The rest of this contract will not change. This is the entire contract between you and Microsoft regarding your participation in the Program. It supersedes any prior contract or oral or written statements regarding your use of the Program. The section titles in the contract do not limit the other terms of this contract.

20. Assignment

Microsoft may assign, transfer, sell, rent, lend or otherwise dispose our rights and obligations under this contract. Microsoft may do this in whole or part, at any time without notice to you. You may not temporarily or permanently assign any part of this contract or any rights to use the Program to any other party. Any attempt to do so is void.

21. Governing Law

Washington State law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. 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 Microsoft irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this contract.