Last updated December 2011
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 Program
, (hereafter “Program
”) You may participate in the Program through the Bing Bar (hereafter “Toolbar Access
”) and through the web based experience (hereafter, “Web Access
”), both of which together constitute the Program, as further detailed below. Void where prohibited by law. As further described below, this Program may be canceled or suspended by Microsoft at any time. The Program is open to users 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 Program. The contract also limits our liability. These terms are in sections 12 and 13, and we ask you to read them carefully.
2. Program Overview
The goal of the Program is for Microsoft to learn about and understand customer search behavior in an effort to improve the Microsoft online experience. You may participate in the Program through both Toolbar Access and Web Access, subject to the other limitations herein. Section 3(b) describes the data collected by Microsoft for the Program and Microsoft’s use of that data.
Microsoft will determine what constitutes a search (hereafter “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.
Through the Program, you will be given opportunities to earn credits redeemable for items (“Rewards
”) in the redemption center. Microsoft may provide the opportunity to earn credits based on the number of online Bing Searches you complete using Internet Explorer Web browser 7.0 or higher for Toolbar Access, and using Internet Explorer Web Browser 7.0 or higher or any of the browsers currently supported (see FAQs
for a list) for Web Access; MSN or Bing properties. Any opportunity to earn additional credits based on online Bing Searches excludes Searches as detailed in the FAQs
. Such excluded Searches include those within the following Bing properties: Bing Maps
; Bing Community
; Bing Help
; and Club Bing
including the Club Bing toolbar and any additional Club Bing products or services. Any credit earning opportunities may be capped for each user regardless of the number of computers used, may be time limited and the ability to earn such additional credits will be communicated through the Rewards credit counter (as defined below). Any sign up credit bonus is limited one per user. 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.
Your time zone will be set when you sign up for the Program and applied to capped and time limited offers throughout the Program. You may adjust the time zone we have set for you by logging in through the Program account center
. You also may be provided with opportunities to enter sweepstakes or contests. We encourage you to redeem your credits promptly. Microsoft may change the Rewards or the non-profit organizations that are available and the number of credits you must earn to receive a certain Reward or make donations to non-profit organizations, at any time during the Program. You must redeem your credits no later than 90 days after Microsoft provides notice on the Site of its intent to suspend or terminate the Program. During the Program, unredeemed credits shall expire if you do not earn any credits for 180 days. Credits earned in the Program are not valid in, and may not be used in combination with, any other program offered by Microsoft or third parties.
3. How to Participate in the Program
There are 2 ways to participate in the Program: Toolbar Access and Web Access.
: In order to participate in the Program through the Bing Bar, you must download or have downloaded the version of the Bing Bar, US-English language, available in the Toolbar Access sign up experience
, subject to the terms of the Microsoft Service Agreement
and the Privacy Statement
, complete the Toolbar Access sign up experience
and use Internet Explorer Web browser 7.0 or higher. Toolbar Access is only available to www.bing.com
US-English language users.
: In order to participate in the Program through Web Access, you must use Internet Explorer Web Browser 7.0 or higher or any of the browsers currently supported (see full list here
) and complete the Web Access sign up experience
. Web Access is only available to www.bing.com
US-English language users. Web Access users may be required, from time to time, to sign in to Microsoft account or another form of authentication as allowed by Microsoft, in order to earn credits and view your total credits available to redeem.
All Program users also must have a valid Microsoft account (see here
for details) or another identifier if allowed by Microsoft (if allowed further details will be here
); agree to this contract including the Privacy Statement
; and meet the minimum system requirements
. You may not participate in Toolbar Access and Web Access simultaneously on the same computer using Internet Explorer.
In order to redeem credits, you will also be required to provide your true first and last name, complete and accurate mailing address, working phone number and email address. Additional personal information may be required to redeem credits for certain Rewards. You must keep your personal information up-to-date, accurate and secure in order to receive and redeem credits through the Program. You may not barter, trade or otherwise exchange your Program account (“Account
”) or maintain more than one Account. Each household is limited to five Accounts. We respect your choice to engage in InPrivate browsing with Internet Explorer and comparable options with other browsers, and when you do so, the Program will not collect data, and therefore we also are unable to provide you with credits or to allow you to complete the Program sign up process, unless you explicitly sign in to the Program. Information about the Program including your Account summary will be provided at the Program account center
a. Installation of Reward credits counter
The Program Rewards credit counter (the “Rewards credit counter
”) appears as a button on your Bing Bar downloaded in Section 3 for Toolbar Access users and appears in the header on www.bing.com
for Web Access users. The Rewards credit counter will display the total number of credits you have available to redeem in the Program and may also display other information about the Program. We may automatically check your version of the Rewards credit counter. We may automatically download and install upgrades to the Rewards credit counter to update, enhance and further develop the Program. By installing the Rewards credit 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 the Program.
Fatal errors may occur in the Rewards credit counter for reasons including but not limited to users installing a firewall or internet proxy settings which limit outbound communication from their computer. If a fatal error occurs the Rewards credit counter may automatically turn off or be disabled and your participation in the Program including all credit earning will be suspended until you contact customer support
b. Collection and Use of Information in the Program
The information collected through the Program enables us to provide the Program, properly record your credits, protect against fraud, and to improve Bing and your online experience. We may collect and store information about your searches (but not the actual search terms) in connection with your Program Account to assist in the prevention of fraud.
The Program collects information about your interaction with Bing including the number of web Searches you do each day; the types of Searches you complete, such as for news or images; and the number of search ads you click on. The Program 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 and information about your browser, the version of the Rewards credit counter you are using, your IP address, as well as which search toolbars, if any, are installed on your computer. The Program also may collect information regarding the way you enter search queries for fraud detection purposes.
The Program will stop counting your searches and collecting the information described below when the Program ends (which may be at any time in Microsoft’s discretion). The Program may use the data collected through the Rewards credit counter, your redemption center activity, and information collected and associated with your Microsoft account to customize your Program experience. Your Account will reflect the number of available credits, credits in process (pending redemption orders), and redeemed credits. To learn about Microsoft's privacy practices, please read our online Privacy Statement
(i) Collection and Use of Additional Information by Toolbar Access
In order to provide Toolbar Access, additional information such as that described below will be collected. Toolbar Access collects information about your interaction with different search engines including the number of web Searches you do each day on different search engines; and the types of Searches you complete, such as for news or images. To protect against fraud and violations of this contract, Toolbar Access 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 that violates this contract is detected on your computer, you will not receive prizes and credits will not be donated. Toolbar Access also may collect your system configuration and the type of and language code of the operating system.
4. Discontinuing your participation in the Program
At any point, you may discontinue your participation in the Program and stop the collection of the information described in Section 3(b), by following the steps in the FAQs
. The FAQs
also detail how to continue using the Bing Bar while opt-ing out of Toolbar Access. If you have enrolled in Program 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 the Program before receiving your Reward(s) you will lose your credits, and any pending Rewards orders. If you leave the Program by opt-ing out, any donations you make to non-profit organizations before you opt-out will be fulfilled as set forth in Section 6. You also may stop your participation in Toolbar Access and stop the collection of the information described in Section 3(b) by uninstalling the Bing Bar from all machines that you enrolled in the Program. For Toolbar Access users, if you hide or disable the Bing Bar such that it is not visible in your browser, Toolbar Access will not collect data and you will not receive credits.
5. How to Receive Rewards
After earning credits, you must follow the directions at the redemption center
to redeem your credits for Rewards. There may be a limited number of a particular Reward; and those Rewards 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 Reward. You cannot transfer credits or Rewards (except for charitable donations to non-profit organizations 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 Rewards that we offer at the redemption center and send them to yourself or to contribute credits to a non-profit organization, when offered. Rewards are not for resale. Microsoft may limit the quantity of credits or Rewards per person or per household, including per item or per Reward category. If Microsoft offers airline mile Rewards, each airline mile account may only receive Rewards orders from one Account. If Microsoft offers gift cards, you may receive no more than U.S. $100.00 in gift cards during the Program unless otherwise stated at the redemption center
. Microsoft may substitute a Reward of comparable value. Once you order a Reward, it cannot be cancelled by you nor can you return your Reward for a refund of credits. We may substitute a Reward of comparable value or may refund your credits if you order a Reward that is out of stock or for other reasons as determined by Microsoft. You are responsible for all federal, state and local taxes and any other costs or expenses of accepting and using the Reward, unless Microsoft specifically says it is provided. The value of the Rewards you receive in a calendar year may not exceed U.S. $500.00. Some Rewards may have age eligibility requirements.
6. How to Contribute Credits to a Non-Profit Organization
You may choose to contribute your credits to a non-profit organization or school, when offered by Microsoft at the redemption center
. You must follow the directions at the redemption center to pick a non-profit organization to receive your credits as a donation. You may not obtain any cash or money in exchange for your donation. Microsoft may limit the number of contributions to any non-profit organization or school. Once you make a contribution of credits to a non-profit organization or school, it cannot be cancelled or refunded.
When you contribute credits to a non-profit organization Microsoft will provide confirmation to you, and the cash donation to the non-profit organization will be made on your behalf following the expiration of the calendar quarter (i.e. March 31, June 30, September 30 and December 31) in which your donation is made. Microsoft will use reasonable efforts to provide the cash donation to the applicable non-profit organization within 60 days of the end of the previous calendar quarter. Microsoft shall make such payment to non-profit organizations of Microsoft’s choosing on your behalf if: (i) the non-profit organization 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 at the time the payment is made is under $10.00. Contributions to non-profit organizations and schools that are undeliverable will be given to a non-profit organization of Microsoft’s choosing on your behalf.
7. Program General Conditions
Any user deemed to be participating in any manner that does not comply with this contract may be disqualified from the Program and any other current or future Microsoft promotions or programs. You will not work around any technical limitations in the Program. You will not disassemble, decompile or reverse engineer any software included with the Program, except and only to the extent that the applicable copyright law expressly permits this activity. You must comply with this contract, as determined by Microsoft, to receive and redeem credits through the Program. You may not use any service intended to obfuscate your true IP address or your location. Microsoft reserves the right to disqualify you; disable your access to the Program or your Account; and/or withhold credits, Rewards and charitable contributions, if Microsoft believes you are tampering with or abusing any aspect of the Program or are otherwise suspected of activities that violate this contract or are otherwise unlawful. You are granted a license to use the Program during the term and we may disable the Rewards credit counter after the date the Program ends or if you violate this contract. Microsoft reserves the right to remove a third party from the Rewards offerings for reasons as determined by Microsoft including if Microsoft suspects such third party of activities that violate this contract or are otherwise unlawful. All questions or disputes regarding the Program, including, without limitation, those involving eligibility, participation, fraud and abuse, will be resolved by Microsoft, whose decisions shall be binding on users.
8. How You May Use the Program
In using the Program, you will:
- obey the law;
- obey any codes of conduct or other notices we provide;
- keep your Program Account and password confidential, and not authorize any third party to access and/or use the Program 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 Program.
9. How You May Not Use the Program
You must not at any time use the Program to harm others, or the Program. For example, you may not:
- engage in, facilitate or further unlawful conduct;
- use the Program 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 Program (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 Program;
- damage, disable, overburden, or impair the Program (or the network(s) connected to the Program) or interfere with anyone's use and enjoyment of the Program; or
- resell or redistribute the Program, or any part of the Program
10. You Are Responsible For Your Program Account
Only you may use your Account. You are responsible for all activity that takes place with your Account. You may not authorize any third party to access and/or use the Account on your behalf.
11. 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 Program site http://www.bing.com/rewards
(“Site”) or via electronic mail.
A user’s participation in the Program 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 Program. If you do not stop using the Program, then your use of the Program will continue under the changed contract. A user should review the contract periodically to ensure his/her familiarity with the most current version. A user will always be able to tell when the version was last updated by checking the "Last updated" date at the top of the agreement.
12. WE MAKE NO WARRANTY
We provide the Program, credits and Rewards 'as-is,' 'with all faults' and 'as available.' We do not guarantee the accuracy or timeliness of information available from the Program. 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.
13. 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 Program,
- 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 Program;
- incompatibility between the Program 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 Program in an accurate or timely manner;
- late, lost, incomplete, delayed, inaccurate, garbled, undelivered or damaged registrations, credits, Rewards credit counter reports, Rewards requests, Rewards 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 Program, processing registrations, tabulating credits, announcing credits or Rewards or in any Program-related materials;
- damages, losses or delays of any annual payments to non-profit organizations or schools; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort.
It also applies even if:
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.
- 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.
14. Changes to the Program and If We Cancel the Program
We may change the Program or delete features or credit earning opportunities at any time and for any reason.
There may be interruptions or extended downtimes. We may significantly change the Program. We may cancel or suspend the Program at any time.
Our cancellation or suspension may be without cause and/or without notice. Upon Program cancellation, your right to use the Program stops right away. Once the Program is cancelled or suspended, any data you have stored in the Program may not be retrieved later.
15. 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 Program. It supersedes any prior contract or statements regarding your use of the Program. 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 Program or any part of the Program.
17. 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.
18. Claim Must Be Filed Within One Year
Any claim related to this contract or the Program 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.
19. Your Notices to Us
You may notify us as stated in the customer support or 'help' area for the Program. We do not accept e-mail notices.
20. Notices We Send You; Consent Regarding Electronic Information
This contract is in electronic form. We may send you information in connection with the Program and additional information the law requires us to send you. We may provide required information to you:
Notices emailed to you will be deemed given and received when the email is sent.
- by e-mail at the e-mail address you specified when you signed up for the Program; or
- by access to a Microsoft web site that we identify.
As long as you can access and use the Program, 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 Program.
21. 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 user 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.