NOKIA DVLUP REWARDS PROGRAM
REWARDS PROGRAM TERMS
VOID WHERE PROHIBITED. SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE REWARDS PROGRAM IN ANY MANNER, IN WHOLE OR PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE POINTS ALREADY ACCUMULATED.
1. REWARDS PROGRAM PERIOD
The Rewards Program is open only to legal residents of one of the fifty (50) United States, the District of Columbia or Canada (excluding Quebec) who are of legal age of majority in their state (19 in Nebraska and Alabama, 18 in all other states) or province/territory of residence at the time of entry, and who are active Windows Phone Dev Center members during the Rewards Program Period. No groups, clubs, newsletters or organizations may participate in this Rewards Program on behalf of the group, club or organization.
3. WHERE TO OBTAIN POINTS
Through January 31, 2014, or until supplies are exhausted, whichever occurs first, Nokia DVLUP Experience Points or “XP” (“Points”) will be available to be distributed. Each participant acknowledges and agrees that the decisions of Sponsor shall be final, binding and conclusive in all matters relating to the Rewards Program, including without limitation determinations regarding the validity of Points and other materials submitted for verification. Points may not be sold, traded, bartered, auctioned (including through Internet auction sites), or given away.
THERE WILL BE TWO WAYS TO EARN POINTS IN THIS REWARDS PROGRAM
Each participant will have the ability to perform predetermined activities (e.g., complete a profile, attend an event, participate in the community) in exchange for Points. The number of Points that may be earned through activity will be specified at the time that activity appears on the Website. If Sponsor elects to award Points through an activity during the Rewards Program Period, notice will be provided on the Website. To participate, browse the Website and select the activity for which you wish to participate. All activities are subject to the respective activity terms located on http://www.dvlup.com (“Website”) in addition to these Rewards Program Terms. For activities involving applications developed by participants, only those applications published in the Microsoft Windows Phone Store during the Program Rewards Period are eligible. You will not receive Points until you have completed the specific activity, the activity has been verified, and you have fully complied with these Rewards Program Terms as well as the terms of the respective activity. Activities may be available for a limited time, and the Sponsor reserves the right to amend or remove any activity, or to adjust the number of Points associated with it, at any time.
B. SPECIFIC TASKS OR APPLICATION CHALLENGE
During the Rewards Program Period, participants may earn Points by competing various specific tasks or application challenges that the Sponsor may post on the Website from time to time. To participate, browse the Website and select the specific task or application challenge for which you wish to participate. All specific tasks or application challenges are subject to the respective specific task or application challenge’s official rules located on the Website in addition to these Rewards Program Terms. You will not receive Points until you have completed the specific task or application challenge, the specific task or application challenge has been verified, and you have fully complied with these Rewards Program Terms as well as the official rules of the respective specific task or application challenge. Specific tasks or application challenges may be available for a limited time, and the Sponsor reserves the right to amend or remove any specific task or application challenge, or to adjust the number of Points associated with it, at any time.
The Sponsor reserves the right to offer special promotions from time to time through which it may be possible to earn Points in a manner not contemplated by these Rewards Program Terms. These Rewards Program Terms shall apply to such offers, along with any additional terms and conditions that accompany the offer, unless you are notified otherwise.
Register via the internet by visiting the Website during the Rewards Program Period. Follow the on-screen instructions and register for an Account in the Rewards Program by providing your user name, password, first name, last name, country, zip/postal code, Windows Phone Dev Center Publisher name, registered email, and GUID, and verifying your Microsoft Account (“Account”). Limit one (1) Account per person/e-mail address. Points may not be combined from different Accounts for any purpose. Each participant shall have the responsibility of ensuring that his or her Points are properly credited. Sponsor reserves the right to invalidate Points from an Account if it determines that such Points were improperly credited to such Account or obtained fraudulently. Points do not constitute property, do not entitle a participant a vested right or interest, and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason.
5. SWEEPSTAKES & CONTEST ENTRY/INSTANT WIN GAME PLAY
Sponsor may offer sweepstakes, contests and/or instant win games during the Rewards Program Period in which Points can be redeemed for entries (“Nokia Sweepstakes/Instant Win Game”). Each Nokia Sweepstakes/Contest/Instant Win Game will have a free method of entering, which does not require the redemption of Points. See the respective game’s official rules or applicable game for full details. If Sponsor elects to conduct a Nokia Sweepstakes/Instant Win Game during the Rewards Program Period, notice will be provided on Website. To participate, browse the Website and select the Nokia Sweepstakes/Contest/Instant Win Game you wish to enter. All Nokia Sweepstakes/Contests/Instant Win Games are subject to the respective game’s official rules located at http://www.dvlup.com. You are not entered into a Nokia Sweepstakes/Contest/Instant Win Game until entry/submission has been submitted and verified in accordance with the Nokia Sweepstakes/Contest/Instant Win Game official rules (or you have entered via the free method of entry provided in the game’s rules), and you have fully complied with these Rewards Program Terms as well as the official rules of the respective Nokia Sweepstakes/Contest/Instant Win Game. The eligibility criteria of Nokia Sweepstakes/Contests/Instant Win Games may not be the same as the eligibility criteria of these Rewards Program Terms. For clarity, the Sponsor may offer other sweepstakes, contests and/or instant win games during the Rewards Program Period that are not Nokia Sweepstakes/Contest/Instant Win Games associated with this Rewards Program. The foregoing shall in no way obligate Sponsor to provide any number of Nokia Sweepstakes/Instant Win Games or prizes related thereto, which may be offered (or not) in Sponsor’s sole discretion.
6. POINTS FOR MERCHANDISE
A. REDEEM POINTS ONLINE FOR MERCHANDISE
Sponsor may make offers during the Rewards Program Period in which Points can be redeemed for certain merchandise that is displayed on the Website, while supplies last. Each merchandise item has a required number of Points for redemption as stated on the Website. You cannot redeem merchandise unless you have a Point balance in your Account that equals or exceeds the number of Points required to redeem the merchandise you wish to order. To redeem merchandise, browse the Website, select the merchandise you wish to order, and click the Rewards button “Add to Cart” and then click “Check Out.” Provide all required information on the order form page. Once your order has been submitted, the required number of Points for the merchandise selected item will be deducted from your Account. Once Points have been redeemed for merchandise, they may not be returned or refunded to an Account for any reason, including if the merchandise is stolen or lost during shipping. Participants residing in the United States are responsible for all taxes on awards (including, but not limited to, federal, state and local income taxes). Participants will be required to complete an IRS W9 tax form and provide his/her Social Security Number at such time as they redeem points for a single award or cumulative awards with a total value of $600.00 or more for tax reporting purposes. Any participant earning $600.00 or more will be issued an IRS 1099 tax form.
B. SHIPMENT OF MERCHANDISE
In most cases, allow 4-6 weeks from receipt of order for shipment and delivery of merchandise, unless otherwise stated on the Website. All gift cards will be delivered electronically via email to the email address that you specify on the order form page. All physical merchandise will ship to the physical address that you specify on the order form page. Sponsor is responsible for shipping costs. No P.O. boxes allowed. Merchandise will only be shipped to addresses within the United States or Canada. No responsibility is assumed by Sponsor for gift card fulfillment email returned as undeliverable. No responsibility is assumed by Sponsor for any UPS deliveries returned as undeliverable without a forwarding address. No responsibility is assumed by Sponsor for merchandise after it has been shipped.
C. MERCHANDISE AVAILABILITY
All merchandise available on the Website is subject to change without notice and is available while supplies last. Sponsor reserves the right (without obligation) to substitute merchandise of greater or equal value in the event supplies of any one item are exhausted, at its sole discretion. Sponsor reserves the right to amend the number of Points that must be redeemed for any merchandise that may be made available on the Website. No exchanges, returns or refunds on merchandise permitted.
7. POINT VERIFICATION
All Points are subject to verification at the sole discretion of Sponsor. Anti-fraud detection devices may be used for verification purposes. Points will be void if they fail to pass anti-fraud detection measures, or, if determined by Sponsor, and in its sole discretion, to be unauthorized, illegitimately obtained, or if they contain an unauthorized message, code or other marking not issued by Sponsor for use in this Rewards Program, or if they are defective or if they contain printing or other mechanical errors or are printed or produced in error or are illegible or unreadable or blank. No Point redemption will be valid if such redemption is associated with any Point deemed void for any reason, including without limitation, the following: (a) Point is not verified or recognized as being validly issued by Sponsor in the Rewards Program; (b) Point is determined to be previously entered and used; (c) Point is incorrectly or incompletely entered or submitted; or (d) Point is otherwise void. Notwithstanding the foregoing, Sponsor may, at its sole discretion and without obligation, elect to replace an illegible Point with another Point if appropriate upon request, while supplies last. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void Point.
8. LIMITATIONS OF LIABILITY
No responsibility or liability is assumed by the Sponsor or Administrator for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Website: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or other communication problems; disruptions, errors or limitations of any Internet service providers or wireless carriers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text transmissions to be sent or received; lost, late, delayed or intercepted e-mail or text transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet, Website; unauthorized human or non-human intervention of the operation of the Rewards Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Rewards Program, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Rewards Program. Sponsor and Rewards Program Parties are not responsible for any typographical or printing errors in the Points, any display or announcement of Nokia Sweepstakes/Contests/Instant Win Game prizes, or official rules, or Rewards Program Terms or any inaccurate or incorrect data contained on the Website, the number of entries entered in any particular drawing, or any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from online participation in the Rewards Program, or use of or download of any information from the Website or. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The Rewards Program structure is subject to modification or limitation at any time, with or without notice, in Sponsor’s sole discretion, and Sponsor expressly reserves the right to establish additional means of accruing Points, to delete any or all of the currently recognized means of accruing Points, to exclude specific types of transaction there from or to make Points selectively available to certain participants based upon factors in its sole discretion. Additionally, membership in the Rewards Program is offered at the discretion of Sponsor and it reserves the right to modify the Rewards Program Terms, Point redemption values, benefits, Nokia Sweepstakes/Contest/Instant Win Games, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Points or any other aspect of the Rewards Program, in whole or part, at any time, with or without notice, even though such changes may affect the redemption value of the Points already accumulated. If for any reason Sponsor determines in its sole discretion that the Rewards Program is no longer capable of running as intended by these Rewards Program Terms for any reason whatsoever, Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Rewards Program in whole or in part, including without limitation, any means of entry, at any time if any aspect of the Rewards Program is not capable of running as planned or as intended by these Rewards Program Terms for any reason whatsoever, including but not limited to, any occurrences described in paragraph 8 above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Rewards Program, as determined by Sponsor in its sole discretion. No additional Points will be available to be earned after program end date. Eligible participants must redeem their points within ninety (90) days after the posted program end date. All points must be redeemed on or before April 30, 2014.
By participating in this Rewards Program, participants agree to be bound by these Rewards Program Terms and the decisions of the Sponsor, which shall be final and binding in all respects. Failure to comply with these Rewards Program Terms may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual from participating in any aspect of Rewards Program, and/or may cancel, suspend or block any Account registered by such person if Sponsor and its Administrators deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Rewards Program Terms or the terms and conditions of the Website; or (b) damaging, tampering with or corrupting the operation of the Rewards Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; or (e) repeated attempts to enter void Points in one or more Accounts, as determined by Sponsor; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, or potentially fraudulent behavior or activity; or (g) activity deemed in the sole discretion of Sponsor and its Administrators to be generally inconsistent with the intended operation of the Rewards Program. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REWARDS PROGRAM OR EVENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS ADMINISTRATOR RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Sponsor’s failure to enforce any term of these Rewards Program Terms shall not constitute a waiver of that or any other provision.
All participants, as a condition of participation in this Rewards Program, agree to release Sponsor and Rewards Program Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Website, submitting an entry or otherwise participating in any aspect of the Rewards Program, the receipt, ownership or use of any merchandise or Nokia Sweepstakes/Contest/Instant Win Game prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity (if applicable) or any typographical or other error in these Rewards Program Terms. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any Nokia Sweepstakes/Contest/Instant Win Game prize, except for any express manufacturer’s warranty as may be included with the prize. Winner bears all risk of loss or damage to Nokia Sweepstakes/Contest/Instant Win Game prize. Except for residents of Tennessee, and where prohibited by law, winners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Website, and any Sponsor web sites) the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.
12. BINDING ARBITRATION
For residents of the United States, any controversy or claim arising out of or relating to this Rewards Program shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the AAA Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Nokia will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the American Arbitration Association, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Nokia shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS REWARDS PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE REWARDS PROGRAM TERMS.
13. BY PARTICIPATING IN THIS REWARDS PROGRAM, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:
(1) FOR RESIDENTS OF THE UNITED STATES, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE REWARDS PROGRAM, OR ANY MERCHANDISE ITEM, POINTS OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEY'S FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
14. GOVERNING LAW & JURISDICTION
The Rewards Program Terms and the Rewards Program are governed by U.S. and New York law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rewards Program Terms, or the rights and obligations of participant and Sponsor in connection with the Rewards Program, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the state, county and city of New York.
15. IN THE EVENT
In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
Nokia Inc., 200 South Matilda Avenue, Sunnyvale, CA 94086. The Administrator of the Rewards Program is Tic Toc Inc., 4228 N. Central Expressway, Suite 200, Dallas, TX 75206.