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MICROSOFT® DEVELOPER MOVEMENT!
LOYALTY PROGRAM

Official Terms and Conditions

Program Overview

The Microsoft® Developer Movement! Loyalty Program (the “Program”) is a loyalty rewards program offered by Microsoft Canada Inc. (“Microsoft”, “us”, “our” or “we”) to eligible Members (See “Eligibility to Participate”). The Program allows eligible Members who have completed the membership registration steps (See: “How to Become a Member”) in accordance with these Official Terms and Conditions (the “Terms”) to collect Points (defined below) by completing certain Challenges (See: “How to Earn Points”) and to redeem those Points for Rewards (See: “How to Redeem Points”) offered by Microsoft. The Program operates only in Canada and is void where prohibited. By participating, each Member (and his/her parent/legal guardian if he/she is a Minor) signifies that he/she has read, accepts and agrees to be legally bound by these Terms.

As further described herein, Microsoft may modify, cancel or suspend the Program at any time. Please note that Microsoft does not provide any guarantees, conditions and/or warranties, whether expressed or implied, for the Program. This contract also limits our liability (See: “General Conditions”).

Agreement to be Legally Bound by Terms and Conditions, and Consent to Receive Program-Related Communications

By participating in this Program, you are signifying that: (i) you have read, accept and agree to be legally bound by these Official Terms and Conditions and (ii) you agree that Microsoft and its family of companies may send you Program-related emails up to and including August 31, 2015 and thereafter upon renewal of the Program, with information about your participation in the Program. Note, if you no longer wish to receive Program-related emails for The Developer Movement! Loyalty Program, you can unsubscribe via any such email that you receive.

Eligibility to Participate

The Program is open to individual legal residents of Canada, who are: (i) over the legal age of majority in their province/territory of residence at the time of registration; or (ii) between the ages of thirteen (13) and the legal age of majority in their province/territory of residence at the time of registration (individually and collectively a “Minor”) provided any such Minor’s parent/legal guardian has consented to his/her participation in the Program and has accepted and agreed to be legally bound by these Terms on the Minor’s behalf. Employees, representatives or agents of Microsoft, its parent companies, subsidiaries, affiliates and advertising/promotion agencies are not eligible to participate in the Program. Any individual who is eligible to participate in this Program in accordance with these criteria (as determined by Microsoft in its sole and absolute discretion) will hereinafter be referred to as “Eligible Participant(s)”.

IMPORTANT NOTE TO MINORS: Microsoft reserves the right, in its sole and absolute discretion, on a random audit basis to contact a Minor’s parent/legal guardian for the purposes of verifying his/her: (i) agreement to be legally bound by these Terms on the Minor’s behalf; (ii) consent to the Minor’s participation in this Program; and/or (iii) consent to the collection of the Minor’s Personal Information (defined below). Failure of a Minor’s parent/legal guardian to complete any such required verification to the satisfaction of Microsoft may, in our sole and absolute discretion, result in disqualification of the Minor.

Due to government ethics and applicable 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.

Each Eligible Participant is subject to verification at any time. Microsoft reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Microsoft – including, without limitation, government issued photo identification) to participate in this Program. Failure of an Eligible Participant to provide such proof to the satisfaction of Microsoft in a timely manner may result in disqualification from the Program.

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 under Termination of Program Access) and delete the Account of any ineligible person found participating in the Program.

Discontinuing Participation in the Program

Each Eligible Participant may terminate their participation in the Program at any time, by communicating their desire to terminate their participation in the Program via email to developermovement@microsoft.com (“Notice of Discontinuation”). Upon Notice of Discontinuation, the Eligible Participant forfeits all accrued Points and Microsoft will not fulfill any Rewards redeemed that have not been fulfilled as of the date of the Notice of Discontinuation.

Program Period

The Program begins on September 15, 2014 at 10:00:00 a.m. Eastern Time (“ET”) and is scheduled to end on June 10, 2015 at 11:59:59 p.m. ET (the “Program Period”). At 12:00:00 a.m. ET on the first day following the end of the Program Period (or any Renewed Termination Date, as applicable – each, a “Renewal Date”), the Program is automatically renewed for successive terms of one (1) year following the Renewal Date (each, a “Renewed Termination Date”) unless Microsoft, in its sole and absolute discretion, gives notice by e-mail or regular mail to the Members, at least thirty (30) days before the end of the Program Period (or any Renewed Termination Date, as applicable) that the Program will not be renewed (“Notice of Termination”).

If the Program is renewed, the Member’s Points will automatically reset to zero (0) at 11:59:59 p.m. ET on the final day of the Program Period, or the Renewed Termination Dates, as applicable. If Microsoft delivers a Notice of Termination, all Points accrued by Members to date will be redeemable for a minimum of thirty (30) days from the date of the Notice of Termination.

If Microsoft gives a Notice of Termination, we may, in our sole and absolute discretion, establish a replacement program. Without limiting the generality of these Terms, Microsoft reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Terms, to the extent necessary, for purposes of verifying compliance by any participant with these Terms, or as a result of technical problems, or in light of any other circumstances which, in the opinion of Microsoft, in its sole and absolute discretion, affect the proper administration of the Program as contemplated in these Terms. Members should note the last updated date at the beginning of these Terms and familiarize themselves with any changes made herein. Microsoft is not required to provide notice of changes except by updating the last updated date at the beginning of these Terms (See “Right to Change Terms”).

How to Become a Member

Membership in the Program is free and no purchase is required in order to become a member (the “Member(s)”) of the Program. However, certain Challenges (See: “How to Earn Points”) may only be available to Eligible Participants. To register as a free Member of the Program, each Eligible Participant must go to developermovement.ca or mouvementdesdeveloppeurs.ca (collectively, the “Website”) and follow the on-screen instructions to complete and submit his/her Registration (the “Registration”). All required information must be completed including, but not limited to: full legal name, shipping address and subscription service IDs. Upon completing his/her Registration in accordance with these Terms and the instructions on the Website, the Eligible Participant will be given an Account (the “Account”) on the Website. To be eligible, an Eligible Participant’s Registration must be received within the Program Period.

There is a limit of one (1) Registration per Eligible Participant permitted during the Program Period. If it is discovered that any Eligible Participant (or, an individual purporting to be an Eligible Participant) has attempted to: (i) obtain more than one (1) Registration; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to complete a Registration; then (in the sole and absolute discretion of Microsoft) he/she may be disqualified from participating in the Program. An Eligible Participant’s Registration will be rejected if (in the sole and absolute discretion of Microsoft) all required information is not fully completed and submitted during the Program Period. Use (or any attempted use) of multiple names, identities, email addresses and/or any automated, macro, script, robotic or other systems(s) or program(s) to register for or otherwise participate in or disrupt this Program is strictly prohibited and is grounds for disqualification. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Registrations (all of which are void). All Registrations are subject to verification at any time for any reason. Any Registration that cannot be verified to the satisfaction of Microsoft is subject to disqualification. The sole determinant of the time for the purposes of the receipt of a valid Registration in this Program will be the Program server machine(s).

Microsoft reserves the right, in our sole and absolute discretion, to refuse issuance or revoke a Member Account to any individual that does not follow the required registration procedures as set out in these Terms, or for any other reason or no reason.

Account Security

Participation in the Program requires the Eligible Participant to complete his/her Registration (as outlined above) in order to participate and earn Points. When completing the Registration, an Eligible Participant must provide complete and accurate information and agree to update such information as it changes. In the event that an Eligible Participant does not provide or update such information, or we have reasonable grounds to suspect that an Eligible Participant has not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disqualify the Eligible Participant from participating in the Program. In the event that a Member discovers any breach of security, he/she agrees to promptly notify us at developermovement@microsoft.com. EACH MEMBER (AND HIS/HER PARENT/LEGAL GUARDIAN ON HIS/HER BEHALF IF HE/SHE IS A MINOR) IS SOLELY RESPONSIBLE FOR ALL ACTIONS THAT TAKE PLACE UNDER HIS/HER ACCOUNT (WHETHER OR NOT SUCH ACTIONS TAKE PLACE WITH OR WITHOUT THE ELIGIBLE PARTICIPANT’S KNOWLEDGE OR CONSENT).

Disqualification

Without limiting the generality of these Terms and subject only to applicable law, a Member’s Account (and therefore his/her ability to participate in the Program) may be terminated at any time and without notice by Microsoft if the Member has been deemed by Microsoft (in our sole and absolute discretion) to: (i) violate these Terms; (ii) provide false or fictitious information to Microsoft; (iii) misuse or abuse (or attempt to misuse or abuse) the Program and/or Member privileges; (iv) commit (or attempt to commit) fraud or a dishonest act or practice; and/or (v) take any other action or actions deemed by Microsoft to be contrary to the Program or the interests of its Members. If a Member is disqualified from participating in the Program by Microsoft for any reason, the agreement formed by the Member’s (and his/her parent/legal guardian’s on his/her behalf if he/she is a Minor) acceptance of these Terms will nevertheless continue to apply and be binding upon the Member (and his/her parent/legal guardian if he/she is a Minor) in respect of the Member’s prior use of the Program and anything relating to or arising from such use. Upon disqualification, all Points associated with the Member’s Account will be forfeited (subject only to applicable law). If a Member is dissatisfied with the Program, then his/her sole and exclusive remedy is to redeem any existing Points in accordance with these Terms and discontinue participating in the Program by providing Microsoft with a Notice of Discontinuation.

Right to Change Terms

We reserve the right, in our sole and absolute discretion subject only to applicable law, to modify all or a portion of these Terms at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these Terms on the Website and will indicate at the top of this page the date these Terms were last revised. A Member’s continued access to and/or use of the Program after any such changes constitutes his/her (and his/her parent’s or legal guardian’s on his/her behalf if the Member is a Minor) acceptance of, and agreement to be legally bound by, these Terms as revised. It is each Member’s sole responsibility to regularly check the Website to determine if there have been any changes to these Terms and to review such changes. We suggest that each Member print a copy of these Terms for his/her records.

How to Earn Points

From time to time throughout the Program Period, Members will be able to earn Points (the “Points”) by participating in and/or completing certain challenges (each, a “Challenge” and collectively, the “Challenges”) as follows:

Challenge Number of Points Earned Maximum Number of Points During the Program Period
App Development Program: From time to time throughout the Program Period, Microsoft may offer application (“App”) development challenges (the “App Development Program” and/or “Major Challenge(s)”) whereby Eligible Participants can create Apps to earn a specified number of Points. The requirements for the App Development Program and the corresponding number of Points available per developed App will be specified in the specific terms and conditions of the applicable Major Challenge. The requirements for the App Development Program and the corresponding maximum number of Points available for App development will be specified in the specific terms and conditions of the applicable Major Challenge.
Mini Challenges: From time to time throughout the Program Period, Microsoft may offer other competitions and/or mini challenges (the “Mini Challenges”) whereby Eligible Participants can earn a specified number of Points. The corresponding number of Points available will be specified in the specific terms and conditions of the applicable Mini Challenge. The corresponding maximum number of Points available will be specified in the specific terms and conditions of the applicable Mini Challenge.

Points will automatically be tracked and allocated to each Member’s Account by Microsoft in accordance with our official records.

Points have no cash value and are not exchangeable for cash. Points have no value outside of this Program. Except as permitted from time to time by Microsoft in our sole and absolute discretion, Points cannot be assigned, exchanged, sold, traded, bartered, purchased, given by gift or otherwise transferred. Any Points so acquired are void. The accumulation of Points does not entitle the Member to any vested rights, and Microsoft does not guarantee in any way the continued availability of any Reward (defined below) or any other benefit.

All Points are subject to verification at any time for any reason. Microsoft reserves the right, in our sole and absolute discretion, to invalidate any Points we deem to have been awarded in error, or as the result of any fraudulent or dishonest activity, or any activity not in keeping with the letter and/or spirit of these Terms, as interpreted by us in our sole and absolute discretion. Any Points that cannot be verified to the satisfaction of Microsoft are subject to disqualification.

The Released Parties will not be liable for the failure of any Points to be captured or recorded for any reason, including, but not limited to, (i) any failure of the Website during the Program; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; and/or (iii) any combination of the above. Points are reduced to zero (0) upon closure of a Member’s Account (regardless of the reason for Account closure). Upon the death or personal bankruptcy of a Member, the Member’s Account will be closed and any Points in the Account will be forfeited. Points are not divisible in the case of divorce. Points are reduced to zero (0) upon the close of the Program Period, and every Renewed Termination Date if any.

If a Member’s Account has no activity (accumulation or redemption of Points) for four (4) consecutive calendar months, the Account will be deemed to be inactive and all accumulated Points will be suspended. Suspended Points will be maintained in the Account for sixty (60) days from the date of suspension pending potential Account reinstatement to active status. Accounts will be returned to active status and the Points will no longer be suspended if the Member accumulates and/or redeems any Points during the sixty (60) day period following Account inactivation. If after sixty (60) days, the suspended Points have not been reinstated in accordance with these Terms, the Points will be reduced to zero (0).

Microsoft reserves the right to add, remove, discontinue or modify Challenges and/or associated Points earned, or any aspect thereof, at any time at its sole discretion without notice to you. Microsoft further reserves the right to adjust the required criteria of actions needed to earn any given Points at any time, at its sole and absolute discretion and without notice to you.

Points Balance

A Member’s Points balance will automatically be displayed and updated on the Website within the Member’s Account dashboard. In the event that a Member believes his/her Point total is inaccurate, he/she must promptly notify us at developermovement@microsoft.com All decisions of Microsoft with respect to Points (including, without limitation, the accuracy of Point totals and/or the validity of Points) are final and binding on all Members without right of appeal.

How to Redeem Points

Points may be redeemed by Members for rewards (each, a “Reward” and collectively the “Rewards”) in accordance with the Points redemption schedule displayed on the Website on the date when the Points are redeemed by the Member (each, a “Redemption Transaction”). For greater certainty and the avoidance of any doubt, each Reward will be associated with a specified number of Points. To complete a Redemption Transaction for a Reward, the Member’s Account must have (at a minimum) the specified number of Points associated with the applicable Reward. For greater certainty and the avoidance of any doubt, the Member’s Account must have the appropriate number of Points available for applicable redemption to occur. Points can only be redeemed in relation to Rewards specified on the Website.

All Rewards are subject to availability at the time of the redemption request. The current Rewards, and the Points required to redeem each Reward, will be posted on the Website and updated on a periodic basis. Microsoft may cease to offer any such Rewards, and may, in our sole and absolute discretion, substitute a similar Reward of equivalent or greater value. Microsoft does not guarantee that any particular Reward will remain available so long as it appears on the Website. Certain Rewards are limited in quantity, as outlined under the Reward description; once a Reward is no longer available, a substitute from the remaining, available Rewards must be chosen by the Member. The Point value associated with each Reward shall be set by Microsoft, in our sole and absolute discretion, and is subject to change without notice. The Released Parties are not responsible for and accept no liability in relation to incorrect Point values displayed on the Website or elsewhere.

After a Redemption Transaction is complete, the specified number of Points will automatically be debited from the Member’s Account. Unredeemed Points will remain in the Member’s Account and can be applied to a subsequent Redemption Transaction. Once the Reward redemption request is successfully processed, the applicable Reward will be delivered to the Member by Canada Post registered mail within 8 to 12 weeks using the information specified and confirmed at the time of the Redemption Transaction. If you have not received your Reward within this timeframe, please contact developermovement@microsoft.com to inquire. The Released Parties are not responsible for the failure of any Reward to be received by the intended recipient of the Reward. Further, the Released Parties take no responsibility for any lost, stolen, delayed, damaged, misdirected, late or destroyed mail. All costs, fees and expenses incurred by a Member in redeeming a Reward and using the Reward are the full and sole responsibility of each Member. Each Member is fully and solely responsible for any and all income and local, state, provincial and federal taxes on the Reward they receive.

Points may not be redeemed by any person other than the Member associated with the Points. From time to time, Microsoft may advertise or offer exclusive offers to select Members to redeem Points for items other than a Reward, or receive other benefits or discounts.

Microsoft reserves the right to add, remove, or modify Challenges 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 its sole and absolute discretion and without notice to you.

Privacy

Microsoft is committed to protecting privacy. All Member personal information ("Personal Information") will be subject to our Privacy Policy available at https://go.microsoft.com/fwlink/?LinkId=248681 (the “Privacy Policy”) as may be amended from time to time in accordance with its terms. Without limiting the generality of our Privacy Policy, Member Personal Information will be used to administer the Program in accordance with these Terms.

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Microsoft does not assume any liability for any damage a Member or any other person or entity may experience, or costs a Member or any other person or entity may incur, as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the participating in the Program. In no event will the information provided to Microsoft be deemed to be confidential, create any fiduciary obligations on our part, or result in any liability on our part in the event that such information is inadvertently released by us or accessed by third parties without consent.

Microsoft reserves the right, in its sole and absolute discretion, to use a Member’s Personal Information including, but not limited to, full legal name and the username submitted at the time of registration, for any promotional purposes on the Website and its associated websites including, but not limited to, the developer.microsoft.com website. If a Member does not wish to have their information used for promotional purposes, they must provide a Notice of Discontinuation to Microsoft to discontinue their participation from the Program. A Member’s continued access to and/or use of the Program constitutes his/her (and his/her parent’s or legal guardian’s on his/her behalf if the Member is a Minor) acceptance of, and agreement to be legally bound by these Terms.

General Conditions

If due to printing, production, online, internet, computer or other error of any kind, more Points are claimed than intended to be distributed according to these Terms, then, in addition to having the right to terminate the Program immediately, Microsoft reserves the right, in its sole and absolute discretion, to rescind invalid Point claims.

If events beyond Microsoft’s control materially affect our ability to operate the Program, as determined in the sole and absolute discretion of Microsoft, the Program may be suspended or terminated without notice and without Microsoft incurring any liability or obligation.

Every effort has been made to ensure that the information herein and on the Website is correct. However, Microsoft is not responsible for and accepts no liability in relation to any errors or omissions in printed copies of these Terms nor those published from time to time on the Website.

Any waiver by Microsoft of the strict observance, performance or compliance by a Member with any of the Terms contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of Microsoft as a result of any other failure to observe, perform or comply with these Terms. No delay or omission by Microsoft in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.

The Program and these Terms shall be governed by the domestic laws of the Province of Ontario and the laws of Canada applicable therein, notwithstanding the principles of conflicts of laws. All Members attorn to the exclusive jurisdiction of the Province of Ontario. Microsoft has the final authority as to the interpretation of these Terms and as to any other questions or disputes regarding the Program.

By participating, each Member (and his/her parent/legal guardian if the Member is a Minor) agrees to release and hold harmless Microsoft Canada Inc., its parent companies, subsidiaries, affiliates, suppliers and advertising/promotion agencies and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all liability in connection with this Program, his/her participation therein and/or the redemption and use/misuse of any Reward or any portion thereof. Microsoft may, in its sole and absolute discretion, require a Member (and his/her parent/legal guardian if the Member is a Minor) to sign a declaration and liability release prior to being able to receive a Reward. The Released Parties shall not be responsible for any delay in the shipping of Rewards. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL ASPECTS OF THE PROGRAM ARE PROVIDED "AS IS" WITHOUT ANY CONDITION, REPRESENTATION OR 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.

Without limiting the generality of the foregoing, the Released Parties will not be liable for: (i) any failure of the Website during the Program; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) any injury or damage to a Member’s or any other person’s or entity’s computer or other device related to or resulting from participating or downloading any material in the Program; and/or (iv) any combination of the above.

By participating in this Program, each Member (and his/her parent/legal guardian if the Member is a Minor) agrees that: (i) he/she will contact us directly and give us the opportunity to try to resolve any and all disputes before taking any action in court, or otherwise; (ii) any and all disputes, claims and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action; (iii) any and all claims, judgments and awards shall in no event include legal fees; and (iv) and to the fullest extent permitted by applicable law, under no circumstances will any Member be permitted to obtain awards for, and each Member (and his/her parent/legal guardian on his/her behalf if the Member is a Minor) hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

In the event that any provision in these Terms 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.

These Terms and the agreements and other documents incorporated by reference into these Terms, constitute the entire agreement between the parties and set out all the covenants, promises, warranties, representations, conditions and agreements between the parties in connection with the subject matter of these Terms and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, pre-contractual or otherwise. There are no covenants, promises, warranties, representations, conditions or other agreements, whether oral or written, pre-contractual or otherwise, express, implied or collateral, whether statutory or otherwise, between the parties in connection with the subject matter of these Terms except as specifically set forth in these Terms and any agreements or documents incorporated by reference into these Terms.

The parties confirm that it is their wish that these Terms as well as any other documents relating to these Terms, including notices, schedules and authorizations have been and shall be drawn up in the English language only. Les signataires confirment leur volonté que la présente convention, de même que tous les documents s’y rattachant, y compris tout avis, annexe et autorisation, soient rédigés en anglais seulement.



MICROSOFT® DEVELOPER MOVEMENT!
APP DEVELOPMENT PROGRAM (MAJOR CHALLENGES) & MINI CHALLENGES

Official Rules and Regulations

IMPORTANT NOTE: These Official Rules and Regulations (the “Rules”) govern the “Microsoft Developer Movement! App Development Program (Major Challenges) and Mini Challenges” (the “Major and Mini Challenges”).  The Major and Mini Challenges are unique stand-alone, skills-based or educational challenges that are only available to eligible Canadian Members of the Microsoft® Developer Movement! Loyalty Program (the “Main Program”) who have a valid Canadian membership to either: (i) Windows Phone Store; and/or (ii) Windows Store (each a “Service” and collectively the “Services”).  For greater certainty and the avoidance of any doubt, these Rules govern only the Major and Mini Challenges.  The Main Program will continue to be governed by the Microsoft® Developer Movement! Loyalty Program Official Terms and Conditions (the “Main Terms”).  Click here to read the Main Terms, which are hereby incorporated by reference.  The Major and Mini Challenges are offered by Microsoft Canada Inc. (“Microsoft”, “us”, “our” or “we”).  The Major and Mini Challenges operate only in Canada, including Quebec, and are void where prohibited.  By participating, each Member (and his/her parent/legal guardian if he/she is a Minor) signifies that he/she has read, accepts and agrees to be legally bound by these Terms.

Main Program Registration:

Prior to being able to participate in the Major and Mini Challenges, an eligible participants must become a Canadian Member (as such term is defined in the Main Terms) of the Main Program. Click here to learn more about becoming a Member of the Main Program.

Service Membership:

Prior to being able to participate in the Major and Mini Challenges, an eligible participant must obtain a valid Canadian membership to a Service.  Click here for complete details on the Windows Phone Store Membership Process and Requirements.  Click here for complete details on the Windows Store Membership Process and Requirements.  To submit an app using Windows Phone or Windows 8 you need to visit the Website and follow the on-screen instructions in the dashboard to: (i) enter your subscription ID or Live ID in the space provided; and (ii) enter your Publisher Name. If, as of the time of your Registration (as such term is defined in the Main Terms) in the Main Program, you are already registered as an Existing Service Member with a valid Canadian Service membership (the “Existing Service Member(s)”), then you do not need to create a new Service membership.  If you are (or become), either: (i) a DreamSpark Student (the “DreamSpark Student(s)”), then your membership to the Services is free (Click here for complete details); or (ii) a BizSpark Startup (the “BizSpark Startup(s)”), then your membership to the Services is free (Click here for complete details).  If you are not an Existing Service Member, a DreamSpark Student and/or a BizSpark Startup, then you will need to obtain a valid Canadian membership to a Service prior to being able to participate in the Major and Mini Challenges.

Eligibility:

The Major and Mini Challenges are available only to eligible Canadian Members of the Main Program.  For greater certainty and the avoidance of any doubt, you cannot participate in the Major and Mini Challenges, unless you are an eligible Canadian Member of the Main Program and you have a valid Canadian membership to a Service. 

IMPORTANT NOTE TO MINORS: If you are a Minor (as such term is defined in the Main Terms), then Microsoft reserves the right, in our sole and absolute discretion, on a random audit basis to contact your parent/legal guardian for the purposes of verifying his/her: (i) agreement to be legally bound by these Terms on your behalf; (ii) consent to your participation in this Major and Mini Challenges; and/or (iii) consent to the collection of your personal information.  Failure of a Minor’s parent/legal guardian to complete any such required verification to the satisfaction of Microsoft may, in our sole and absolute discretion, result in disqualification of the Minor.

Eligibility to participate in the Major and Mini Challenges is subject to verification at any time for any reason.   Microsoft reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Microsoft – including, without limitation, government issued photo identification) to participate in the Major and Mini Challenges.  Failure to provide such proof to the satisfaction of Microsoft in a timely manner may result in disqualification. 

Major and Mini Challenges Period:

The Major Challenges will be launched on the Microsoft® Developer Movement! Loyalty Program’s Challenges page, on the website, on a monthly basis and will be live until midway through the following month (the “Major Challenges Period”). The Challenges page will always have the most up-to-date information regarding launch date, end date and submission requirements. For greater certainty and the avoidance of any doubt, the information on the Challenges page will govern all information pertaining to the Major Challenges Period.

The Mini Challenges will be launched on the Microsoft® Developer Movement! Loyalty Program’s Challenges page, on the website, on a weekly basis beginning on the first week of each Major Challenge Period, and will be live until the end of the coinciding Major Challenge Period. Each Major Challenge Period will be accompanied by a set of four Mini Challenges, launched throughout the duration of the Major Challenge Period. For greater certainty and the avoidance of any doubt, the information on the Challenges page will govern all information pertaining to the Mini Challenges Period.

Microsoft reserves the right, in its sole and absolute discretion, to determine app submission timestamps using internal data.

How to Submit an Application:

You must first access a Service and use the available tools to develop and submit applications and games (each, an “App” and collectively, the “Apps”).  Click here for complete details regarding the App Submission Process with Windows Phone, and here for complete details regarding the App Submission Process with Windows 8.  Before beginning your App submission, please click here to carefully review the Application Submission Checklist for Windows Phone and here for the Application Submission Checklist for Windows 8.

To be eligible to earn Points (as outlined below) in the Major Challenges, the App you submit must: (i) be new (as of September 15, 2014) and not a pre-existing, updated App; (ii) comply with all of the policies and procedures specified on the applicable Service in relation to App submission and certification (all as determined by Microsoft in its sole and absolute discretion); and (iii) meet the following objective requirements (all as determined by Microsoft in its sole and absolute discretion) – specifically, the App must:

  1. Be certified in either the Windows Phone Store and/or Windows  Store – For more information about the requirements and content policies for Apps, see the Windows Phone Store Application Certification Requirements (available at: http://msdn.microsoft.com/en-us/library/hh184843(v=VS.92).aspx) and the Windows Store Application Certification Requirements (available at: http://msdn.microsoft.com/en-us/library/windows/apps/hh694083.aspx)
  2. Follow the New Modern Design Principles (not required for games) – For more information about the New Modern Design Principles see:  http://msdn.microsoft.com/library/windowsphone/develop/fa00461b-abe1-41d1-be87-0b0fe3d3389d(v=vs.105).aspx
  3. Have a trial option for users within the App itself, if the App requires purchase.
  4. Target one (1) or more of the following Windows Phone platforms 8.x and Windows platforms 8.x
  5. Make use of at least one (1) of the following features:
    1. Live Tiles
    2. Supports Large, Medium and Small tiles (for 8.x)
    3. Speech
    4. NFC/Bluetooth
    5. Maps
    6. App-to-App communications
    7. In-app purchases
    8. Deals & wallet
    9. Video, photo and/or Video/Photo manipulation
  6. NOT contain material that includes references to the following:
    1. A calculator, of any sort;
    2. An RSS Reader, of any sort;
    3. A soundboard, of any sort.
    4. A Timer, of any sort;
    5. A game manual, of any sort;
    6. An eBook, of any sort;
    7. g. An App designed for a single conference or event (apps that include multiple events/ conferences in a single app are allowed);
    8. h. A Quiz or Trivia app that is not cloud based, nor allows sharing of content with other users;
    9. i. An appointment reminder, of any sort;
    10. j. Any app that has been published as “beta”;
    11. k. A private Marketplace App;
    12. l. An App with the sole purpose as a social platform feed from YouTube, Facebook, Twitter, Instagram, or any combination thereof; and/or
    13. m. Only static content; meaning an App consisting of information, text and/or graphics that do not update or display change automatically.
  7. NOT contain material that includes references to the following:
    1. A password checker, of any sort;
    2. Inappropriate content that promotes hate, discrimination or displays any form of nudity, or pornography, or any other materials that Microsoft determines to be unsuitable or offensive in its sole and absolute discretion;
    3. A mobile website accessed through an App, of any sort.

 

IMPORTANT NOTE: THE DEVELOPER MOVEMENT DEV MANIA CHALLENGE IS NOT GOVERNED BY THE RESTRICTIONS OUTLINED IN SUB-SECTION 6 OF “HOW TO SUBMIT AN APPLICATION”. APPS SUBMITTED DURING THE DEV MANIA CHALLENGE PERIOD CAN CONTAIN MATERIAL THAT INCLUDES REFERENCE TO ANY OF THE ITEMS STATED IN SUB-SECTION 6 OF “HOW TO SUBMIT AN APPLICATION”.

CAREFULLY REVIEW ALL OF THE POLICIES AND PROCEDURES ON THE APPLICABLE SERVICE TO HELP MAXIMIZE YOUR CHANCES OF HAVING YOUR APP CERTIFIED. Click here to read all of the policies and technical requirements that an App must meet to pass certification and to be eligible for listing in Windows Phone Store.  Click here to read all of the policies and technical requirements that an App must meet to pass certification and to be eligible for listing in Windows 8 Store.

Note, you (and your parent/legal guardian if you are a Minor) will be required to sign and return all documentation required by Microsoft, in its sole and absolute discretion, prior to any App being “certified”.

App Submission Limit: For the Major Challenges, each eligible Canadian Member of the Main Program may submit a maximum of one (1) unique App for review.

Eligible participants may NOT submit the same app more than once, for the duration of the program, or subsequent iterations of The Developer Movement Loyalty Program. Each app submitted must be unique, and must have been submitted into the Windows Store and Windows Phone Store, during the current Developer Movement program period, in which the app is being submitted for Challenge review. For greater certainty and the avoidance of any doubt, an app cannot be submitted for more than one (1) Challenge; violation of this will result in the app being disqualified from any previous, present and future submissions.

IMPORTANT NOTE: THE DEVELOPER MOVEMENT DEV MANIA CHALLENGE IS NOT GOVERNED BY THE APP SUBMISSION LIMIT. USERS CAN SUBMIT A MAXIMUM OF FIFTEEN (15) UNIQUE APPS DURING THE DEV MANIA CHALLENGE PERIOD. EACH APP SUBMITTED MUST BE UNIQUE, AND MUST HAVE BEEN SUBMITTED INTO THE WINDOWS STORE AND WINDOWS PHONE STORE, DURING THE CURRENT DEVELOPER MOVEMENT PROGRAM PERIOD, IN WHICH THE APP IS BEING SUBMITTED FOR CHALLENGE REVIEW. FOR GREATER CERTAINTY AND THE AVOIDANCE OF ANY DOUBT, AN APP CANNOT BE SUBMITTED FOR MORE THAN ONE (1) CHALLENGE; VIOLATION OF THIS WILL RESULT IN THE APP BEING DISQUALIFIED FROM ANY PREVIOUS, PRESENT AND FUTURE SUBMISSIONS.

If an App is “certified” in accordance with the policies and procedures specified on the applicable Service (all as determined by Microsoft in its sole and absolute discretion) and the App meets all of the requirements specified above (all as determined by Microsoft in its sole and absolute discretion), then the App will be eligible for listing in Windows Phone Store and/or Windows 8 Store (as applicable) and will qualify for the purposes of this App Development Program as a Published App (each a “Published App”). 

The Mini Challenges will be a combination of educational and skills-based modules. The Mini Challenges are governed by the Challenges page, on the Microsoft® Developer Movement! Loyalty Program’s website. Eligible Participants must adhere to the instructions and guidelines outlined on the Challenges page as they pertain to the Mini Challenges, in order to earn Points for completion. Failure to comply with the instructions and guidelines as they pertain to the Mini Challenges will results in zero Points earned.

The Major and Mini Challenges are not required actions for the Program. Eligible Participants may participate in any and all Challenges they desire, but are not required to complete any of them. Points are earned on a Challenge-completion basis, and as such each Challenge will carry a balance of Points available to be earned by Eligible Participants. For greater certainty and the avoidance of any doubt, Eligible Participants can participate in as many or as little Challenges they wish to do so, and are in no way required to participate against their desire; Points are only awarded on a Challenge-completion basis.

How to Earn Points

During the Major and Mini Challenges Period, eligible participants will be able to earn Points as follows:

Published Windows Phone Store App and/or Windows Store App:

  • For an eligible participant’s chosen one (1) Published Windows Phone Store App or Windows Store App submitted in accordance with these Rules, you will receive 1000 Points, in accordance with Major Challenge periods and for Major Challenges only.  To be eligible to earn 1000 Points, your App must become a Published Windows Phone Store or Windows Store App (in accordance with these Rules) during the coinciding Major Challenges Period.  There is a limit of one (1) submission per person, of a Windows Phone Store App or Windows Store App during the Major Challenges Period. For greater certainty and the avoidance of any doubt, you will earn one 1000 Points for your chosen Windows Phone Store App or Windows Store App submitted in accordance with these Rules (i.e. you CANNOT submit more than one (1) App and receive Points for each App).  If it is discovered by Microsoft (using any information made available to Microsoft) that any person has attempted to: (i) obtain more than one (1) submission per person; and/or (ii) use (or attempted use) multiple names, identities, Windows LiveIDs and/or any automated, macro, script, robotic or other systems(s) or program(s) to Publish Windows Phone Store Apps or Windows Store Apps and/or attempt to gain additional Points, then (in the sole and absolute discretion of Microsoft) he/she may be disqualified from the Major Challenge and all of his/her submissions voided.  The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible submissions (all of which are void). An eligible participant must submit a chosen one (1) App to be considered for Entry by sending an email to developermovement@microsoft.com; the email must contain (i) the name of the submitted App, AND (ii) a link to the submitted App, AND (iii) the developer name under which the App was submitted to the Windows  Store and/or Windows Phone Store. Apps must also be submitting through the user dashboards, following the instructions found on the submissions page.

 

Additional Points:

Major Challenges

During the Major Challenges Period, eligible participants will be able to earn additional Points with a qualifying submission of a Windows Phone Store App or Windows Store App. Eligible participants will be able to earn additional Points as follows:

  • Theme: Create your app with the specific theme for the particular Major Challenges Period that your app is submitted in, and gain an additional 200 Points.
  • Technical Feature: Create your app with the specific technical feature required during the particular Major Challenges Period that your app is submitted in, and gain an additional 200 Points.
  • Social: Submit your app through the specific social networking platform required during the particular Major Challenges Period that your app is submitted in, and gain an additional 200 Points.
  • Quality: The Developer Movement Panel will review your app, and if it is deemed to have achieved a higher strata of creativity and quality, gain an additional 200 Points (solely upon the discretion of the #DevMov Panel).
  • Platform: Create and submit your app for both the Windows Store AND Windows Phone Store to gain an additional 200 Points. Your app must be submitted for both platforms to gain additional Points.

For greater certainty and the avoidance of any doubt, the maximum number of Points an Eligible Participant is able to earn during any of the Major Challenge Periods is 2000 Points, if all of the above requirements and actions are met. Microsoft reserves the right, in its sole and absolute discretion to award and disqualify Points according to the guidelines set out above.

All Points are subject to verification at any time for any reason.  Microsoft reserves the right, in our sole and absolute discretion, to invalidate any Points we deem to have been awarded in error, or as the result of any fraudulent activity, or any activity not in keeping with the letter and/or spirit of these Terms and/or the Main Terms, as interpreted by us in our sole and absolute discretion.  Any Points that cannot be verified to the satisfaction of Microsoft are subject to disqualification.

Points earned in this App Development Program will automatically be tracked and allocated to each Member’s Account (as such term is defined in the Main Terms) by Microsoft in accordance with our official records.  

A Member’s Points balance will automatically be displayed and updated within the Member’s Account dashboard.  In the event that a Member believes his/her Point total is inaccurate, he/she must promptly notify us at developermovement@microsoft.com

All decisions of Microsoft with respect to Points (including, without limitation, the accuracy of Point totals and/or the validity of Points) are final and binding on all Members without right of appeal.

Mini Challenges

Eligible Participants will be able to earn Points by completing the Mini Challenges that will be launched during each Major Challenges Period. The Mini Challenges will be short and skills/education-based modules. The Mini Challenges will consist of the following, with Points available to be earned accordingly:

  • Microsoft Virtual Academy (MVA) Mini Challenge: Complete a specified module of a specified MVA course, and earn 500 Points.
  • Azure Mini Challenge: Complete a specified action using Microsoft Azure and earn 400 Points.
  • Labs Mini Challenge: Complete a specified hands-on Lab and earn 300 Points.
  • Visual Studio Mini Challenge: Complete a specified action using Visual Studio and earn 200 Points.
  • Visual Studio Online Mini Challenge: Complete a specified action using Visual Studio Online and earn 100 Points.

For greater certainty and the avoidance of any doubt, the maximum number of Points an Eligible Participant is able to earn during any of the Minor Challenge Periods is 1500 Points, if all of the above requirements and actions are met. Microsoft reserves the right, in its sole and absolute discretion to award and disqualify Points according to the guidelines set out above. All Mini Challenges guidelines and requirements during each Major Challenges Period, will be updated and displayed on the Challenges page of the Microsoft® Developer Movement! Loyalty Program’s website. Eligible Participants must abide by the guidelines and requirements set forth on the Challenges page in order to earn Points during each Mini Challenges Period.

Maximum Number of Points Available in App Development Program

The maximum number of Points that are available in the Major and Mini Challenges is a combined twenty million (20,000,000).  Under no circumstances will more than twenty million (20,000,000) Points be available in relation to the Major and Mini Challenges. Microsoft reserves the right to elect not to award, and to cancel, any or all Points earned during Major or Mini Challenges, even if earned in strict compliance with these rules, if such award would result in Microsoft allocating an excess of twenty million (20,000,000) Points. Microsoft has no liability to any Eligible Participant for any cancelled Points.

How to Redeem Points

Points are subject to all of the terms and conditions set out in the Main Terms of the Main Program.  All Points must be redeemed in accordance with the policies and procedures set out in the Main Terms.  Click here to read the Main Terms.

Rewards and Appropriate Retail Values:

Prizes: Eligible Participants will be able to redeem their earned Points for rewards. Rewards and associated Points value will be available on the Microsoft® Developer Movement! Loyalty Program’s website. The Rewards page will govern all Rewards and the associated Points value.
Each Reward must be redeemed as available and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Microsoft, in its sole and absolute discretion).  No substitutions except at Microsoft’s option.  Microsoft reserves the right, in its sole and absolute discretion, to substitute a Reward or a component thereof with a Reward of equal or greater value, including, without limitation, but at Microsoft’s sole and absolute discretion, a cash award.  Each Reward will only be awarded to the person whose verifiable full name is associated with the submission in question (according to Microsoft’s official records).

Privacy

Microsoft is committed to protecting privacy.  All Member personal information ("Personal Information") will be subject to our Privacy Policy available at  https://go.microsoft.com/fwlink/?LinkId=248681 as may be amended from time to time in accordance with its terms.  Without limiting the generality of our Privacy policy, Member Personal Information will be used to administer this App Development Program in accordance with these Terms.
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit.  Microsoft does not assume any liability for any damage a Member or any other person or entity may experience, or costs a Member or any other person or entity may incur, as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the participating in the App Development Program. In no event will the information provided to Microsoft be deemed to be confidential, create any fiduciary obligations on our part, or result in any liability on our part in the event that such information is inadvertently released by us or accessed by third parties without consent. 

General Conditions

The Major and Mini Challenges are subject to all applicable federal, provincial and municipal laws.  The decisions of Microsoft with respect to all aspects of this Major and Mini Challenges are final and binding on all participants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of participants and/or their submissions or responses to challenges.  By participating in the Major and Mini Challenges, you (and your parent/legal guardian on your behalf if you are a Minor) are agreeing to be legally bound by the terms and conditions of these Rules.  ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF MICROSOFT AT ANY TIME. 

The Releasees will not be liable for: (i) any failure of any website during the Major and Mini Challenges; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, App or other materials to be received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to a participant’s or any other person’s computer or other device related to or resulting from participating in the Major and Mini Challenges; and/or (v) any combination of the above.

Microsoft reserves the right to withdraw, amend or suspend this Major and Mini Challenges (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of Microsoft that interferes with the proper conduct of this Major and Mini Challenges as contemplated by these Rules.  Any attempt to deliberately damage any website or to undermine the legitimate operation of this Major and Mini Challenges in any way (as determined by Microsoft, in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, Microsoft reserves the right to seek remedies and damages to the fullest extent permitted by law.  Microsoft reserves the right to cancel, amend or suspend this Major and Mini Challenges, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever, including that Microsoft has awarded, or reasonably expects that the continued operation of the Major and Mini Challenges will result in Microsoft awarding, greater than twenty million (20,000,000) Points.  Without limiting the generality of the forgoing, Microsoft reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

By entering the Major and Mini Challenges, each participant (and his/her parent/legal guardian if he/she is a Minor) expressly consents to Microsoft, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Major and Mini Challenges and in accordance with Microsoft’s privacy policy (available at: https://go.microsoft.com/fwlink/?LinkId=248681), unless the participant otherwise agrees.

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Major and Mini Challenges related materials, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.

Be more.
Do more.