Search & Give PROGRAM
Terms and Conditions
last updated May 28th, 2008
1. Participation and Terms.
To accrue cash amounts towards a charitable donation in the Search & Give program (the "Program"), you must be a legal resident of the 50 United States and District of Columbia, and agree to these Search & Give 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) (collectively the "Terms"), and (ii) to the decisions of Microsoft regarding the Program, which are final and binding in all respects. Microsoft can disqualify you from the Program if Microsoft believes you are not complying with the Terms or if you are suspected of engaging in activities that Microsoft deems as unlawful.
Microsoft may change, suspend or cancel the Program or Terms at any time. If we make such changes, then we will provide notice by posting the new Terms on the Program site at http://www.searchandgive.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
Your Searches may accrue cash amounts for charitable donation (“Donations”). 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. Searches must be made from the Site and you must be logged in with your Windows Live™ ID to accrue cash amounts for charitable donation. Microsoft may limit or restrict your ability to participate in the Program. Microsoft will determine what constitutes a Search and may limit the amount accrued for activities such as the repeated entry of the same search query term. Microsoft may also change the amounts you can accrue for a Search at any time during the Program.
3. How to Register
To participate in the Program you must have a Windows Live™ ID (see http://get.live.com/getlive/overview for details). You are responsible for keeping your personal information up-to-date.
4. How to Donate
You must follow the directions on the Site to pick a charity to receive your Donations. You may not obtain any cash or money in exchange for your Donations. Donations are not your personal property. Microsoft may limit the number of Donations to any charity, and may also limit the daily Donations that may be generated per user. Once you make a donation, it cannot be cancelled or refunded.
You must comply with the Terms, as determined by Microsoft, to make Donations. You must not use any bot, macro or other automated way to participate in an activity or the Program. You may not use more than one Windows Live™ ID to avoid restrictions or other limitations on Donations or the Program. Microsoft reserves the right to withhold Donations from any user or charity suspected of activities that violate the Terms or are otherwise unlawful. Additionally, Microsoft reserves the right to remove a charity from the Program if Microsoft suspects such charity of activities that violate the Terms or are otherwise unlawful.
When you contribute your Donations 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. Any Donations that are undeliverable will be given to a charity of Microsoft’s choosing.
5. General Conditions
Donations 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. 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 Program, 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, Donations to charity 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 Donations, making Donations, or in any Program-related materials. Microsoft can disqualify you and void your Donations if Microsoft believes you are tampering with or abusing any aspect of this Program or are otherwise not complying with the Terms. 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.
The Program is offered by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052.
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