FORZA REWARDS PROGRAM TERMS AND CONDITIONS
PLEASE READ CAREFULLY. By participating in the Forza Rewards Program, you agree to the following Terms & Conditions:
Overview of the Forza Rewards Program
- The Forza Rewards Program (the "Program") is a loyalty program sponsored by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052 U.S.A. ("Sponsor"), through which individuals will be offered the opportunity to earn and accumulate reward points (“Points”), achieve certain Point tier levels by performing various activities or obtaining certain achievements in the Forza Motorsport 2, 3, 4 and 5 and Forza Horizon games as played on Xbox Live (the “Forza Games”), and be eligible to receive in-game rewards (“Rewards”) which may be offered from time to time by Sponsor.
- The Program may offer different Rewards during each “Reward Period” (typically, each month), which will be announced at the beginning of each Reward Period. The Rewards will be a variety of in-game items or content, including credits, tokens, and/or cars, which can be used in the Forza Games. Offered Rewards may differ based upon the Point tier level which a Program participant has reached. Program participants should check the Program website, located at https://rewards.forzamotorsport.net (the “Rewards Site”), on a regular basis (such as each month) to see what Rewards are available to them, based upon the Point tier level they have achieved, for redemption for that given Reward Period.
The Program is open worldwide to individual persons who are 13 years and older at the time of enrollment. Void where prohibited by law.
Applicable Rewards available to be earned by taking actions or obtaining certain achievements in the Forza Games through Xbox Live can be earned by members in the countries where a) the Program is offered; and b) the Xbox 360 and/or Xbox One console is officially available.
Enrolling in the Program
To enroll in the Program, you must meet the Eligibility Requirements in Section B of these Terms and Conditions, have access to an Xbox 360 and/or Xbox One entertainment system, and be an Xbox Live Free or Gold member in good standing. You must also have purchased or lawfully obtained one or more of the Forza Games for play on Xbox Live. Once you have verified that you meet these system requirements, you may enroll in the following way:
Visit the Rewards Site (https://rewards.forzamotorsport.net) . To enroll, a participant must login to the Rewards Site using the Microsoft account associated with his/her Xbox Live membership, and follow the instructions (if any further are given) for registration. The participant will then be enrolled into the Program (and become an “Enrollee”). A Program account will be created for each Enrollee ("Account”).
Earning Points and Tier Levels
Once an Enrollee has registered for an Account, the Enrollee can earn Points in the Program by playing and performing in-game activities in the Forza Games. Points can be earned for performing certain types of activities or earning certain types of achievements – such as for the number of days played; miles driven; cars owned; and driver level achieved. For each types of activity or achievement, there will be a maximum number of Points which an Enrollee may earn.
The number of Points earned by such Enrollee will be recorded and tracked in the Enrollee’s Account. It may take up to 96 hours after Enrollees perform specific activities or obtain specific achievements for applicable Points earned to be noted in the Enrollee’s Account. Sponsor reserves the right in its sole discretion to award Points at a later date if additional time is needed for any reason.
- The Enrollee’s Point total will consist of all Points an Enrollee earns from all qualifying Forza Games. The maximum number of Points an Enrollee can earn as of September 30 2014 is 10,000 (the “Point Limit”). If an Enrollee engages in qualifying activity or achievement that would otherwise earn Points which bring the Enrollee’s total number of Points in excess of the Point Limit, only Points up to the Point Limit will be awarded to the Enrollee’s Account for such activity or achievement.
- Based upon the number of Points the Enrollee has earned, the Enrollee can achieve a higher tier level (each a “Tier”). As of September 30 2014, there are seven Tier levels (Tiers 1-7).
- At any time, Sponsor reserves the right in its sole discretion to add, remove or change: (a) the number of Points awarded for actions or achievements, as well as the actions or achievements that Enrollees can perform to earn Points and the maximum number of Points which can be earned for each type of activity or achievement; and (b) the number of Points needed to achieve Tier levels and the number of Tiers.
- Enrollees may not combine, transfer or share Points with other Enrollees’ Accounts. Enrollees may not 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 Points (or Rewards redeemed) will result in disqualification from the Program and forfeiture of all Points (and Rewards redeemed) in any Enrollee’s Account. Sponsor reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Sponsor believes (in its sole discretion) that an Enrollee (or Enrollees) have violated this provision.
- Each Enrollee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly. If an Enrollee believes that Points were not properly accrued to his/her Account, the Enrollee must contact customer service by sending an email to email@example.com within 15 days of the day of the date when the Enrollee engaged in the Point-earning activity.
- Sponsor’s decisions regarding the awarding of Points are final and binding. Earned Points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from such Enrollee's Account.
- By collecting Points and/or redeeming Rewards, Enrollees have obtained a limited license to a digital product. Points and Rewards are not the Enrollee’s personal property and have no monetary or cash value. Points and Rewards may be revoked at any time by Sponsor as set forth herein. Points and Rewards 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.
- At various times in Sponsor’s sole discretion, but which Sponsors expects to be at the beginning of each month (each, a “Reward Period”), Sponsor shall make a new set of Rewards available to Enrollees by providing notice on the Rewards Site. For each Reward Period, Sponsor may offer each Enrollee a different Reward (or no Reward at all) depending the Enrollee’s then-current Tier level. The Reward (if any) available to an Enrollee in a given Reward Period shall be posted in the Enrollee’s Account page as accessed on the Reward Site.
- To redeem a Reward, Enrollees must log in to the Rewards Site and click on the “Redeem Rewards” button (or take other action) posted during the applicable Reward Period. Redeeming a Reward does not result in deduction of any Points from the Enrollee’s Account. Once the Enrollee takes such action to redeem the Reward, the Reward for that Reward Period shall be considered (and appear in the Enrollee’s Account as) “redeemed.” However, if the Enrollee does not take the required action to redeem the Reward during the Reward Period, the Enrollee’s opportunity to receive the Reward for that Reward Period will expire.
- After taking such initial action to redeem a Reward, Enrollees may have to take additional action to have the Reward actually deposited into their in-game account. For example, Sponsor may send an electronic message to their applicable Message Center in each Forza Game and the Enrollee may need to open that message and take action as directed in that message to have the Reward deposited into the Enrollee’s in-game account.
- Sponsor reserves the right to modify the available Rewards at any time for any reason (including during the Rewards Period for which a Reward was announced as being available for redemption). Enrollees are responsible for ensuring their Account information (including redeemed Rewards) is accurate and up to date.
Modifications and Termination of the Program
- Sponsor reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, aspects of the Program; the Forza Games which are covered by the Program; methods by which Enrollees can earn Points and Tiers; the amount of Points earned for each type of activity or achievement in the Forza Games; methods by which Enrollees can redeem Rewards; the number of Tiers available and the Point levels needed to achieve each Tier; the Point Limit; the Reward Periods; the number of Rewards that may be redeemed through the Program (including during any Reward Period); 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 earn, accrue, redeem and/or use his/her Points, Tiers, or Rewards.
- Sponsor reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect an Enrollee's ability to accrue Points, redeem Rewards or use already-redeemed Rewards. All Points and Tier levels achieved by an Enrollee will no longer be useable in the Program after the effective date of termination.
- Any changes to the Program or these Terms and Conditions that 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 Program constitutes the Enrollee's acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at https://rewards.forzamotorsport.net, and will supersede all previous versions of these Terms and Conditions.
Limitation of Liability; Indemnification
- Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized 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 or use Xbox Live, the Forza Games, the Rewards Website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MICROSOFT CORPORATION, ITS RELATED COMPANIES, PARENTS, SUBSIDIARIES, AFFILIATES, AND RESPECTIVE AGENTS AND THEIR AGENCIES, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THE PROGRAM ("RELEASEES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, OR POINTS OR REWARDS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE PROGRAM, 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 Sponsor. 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 ALLOWABLE 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.
- Each Enrollee agrees to indemnify, defend and hold the Releasee harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Releasee in connection with any claim arising out of any breach by the Enrollee of these Terms and Conditions or the foregoing representations, warranties and covenants. Each Enrollee will cooperate as fully as reasonably required in the defense of any claim. Sponsor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Enrollee and Enrollee shall not in any event settle any matter without the written consent of Sponsor.
General Terms and Conditions; Arbitration; Legal Interpretation
- Privacy. The Privacy Statement on the Rewards Site will apply to this Program and to all information that we receive from your registration in the Program. Please read the Privacy Statement on the Rewards Site before registering for the Program. Please note that by accepting the Terms and Conditions, you are also accepting the terms of the Privacy Statement. Participation in the Program implies authorization to transfer personal data to the United States for purposes of administration of the Program. Personal information may be used to: (a) contact Enrollees regarding the Program; and (b) if an Enrollee selects to receive additional information, to send additional information to that Enrollee.
- Publicity Release. By registering for the Program, Sponsor shall have the right, but not the obligation, to use, display and publish Enrollee’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 Sponsor makes use of any of the foregoing rights, 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.
- Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Program 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 Points and redeemed Rewards. In addition to discontinuance of participation privileges, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. 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.
- Sponsor is not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Program.
- All questions or disputes regarding eligibility for the Program, earning or redemption of Rewards, or an Enrollee's compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.
- Arbitration; Class Action Waiver. As a condition of participating in this Program, Enrollee agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Points or Rewards earned or obtained through the Program, 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 King County, Washington U.S.A.; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will Enrollee be permitted to seek recovery for, and Enrollee hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
- Choice of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Enrollee and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Washington U.S.A., without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Washington U.S.A., or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Washington U.S.A.
- These Terms and Conditions constitute the entire agreement between Program Enrollees and Sponsor pertaining to the subject matter hereof and supersedes 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 shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
- If any provision of 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.
- Nothing in these Terms and Conditions shall be deemed to exclude or restrict any of the Enrollee’s statutory rights as a consumer.