1. SPONSOR   

These Terms and Conditions (“Terms and Conditions”) govern the operation of the Microsoft MIXER EMBERS FOR NON-PARTNERS V2Promotion (“Promotion”). Microsoft Corporation, One Microsoft Way, Redmond, WA, 98052, USA, is the Promotion sponsor (“Sponsor”).  


In these Terms and Conditions, “Microsoft”, “we”, “our”, and “us” refer to Sponsor (and any agent or employee on Microsoft’s behalf) and “you” and “yourself” refers to a Promotion participant. By entering you agree to be bound by these Terms and Conditions.    


The Promotion starts at 11:00 a.m. Pacific Time (PT) on May 1st, 2019 and ends at 11:00 a.m. PT on August 1st, 2019 (“Promotion Period”).    


To participate, you must: 

  1. be a legal resident of one of the 50 states of the United States (including the District of Columbia); 
  1. b18 years of age or older; 
  1. have a valid non-partner Mixer Channel established no later than January 25th, 2019. The account must be active and in good standing (not banned or suspended). Entries are limited to one per person. If you own multiple channels, you can only sign up with one.  
  1. have streamed content to your Mixer Channel for a minimum of 5 hours in the last 2 weeks before the Promotion begins; and 
  2. provide Microsoft with satisfactory proof of eligibility, tax documentation, or any other information requested. 

Employees and directors of Microsoft Corporation and its subsidiaries, affiliates, and advertising agencies are not eligible, nor are persons involved in the execution or administration of this promotion, or the family members of each above (parents, children, siblings, spouse/domestic partners, or individuals residing in the same household). Void where prohibited.   


To participate, be one of the first 3,000 eligible participants to sign up here. An email confirming your submission and participation will be send shortly after. Once you have been confirmed, Ember will be activated on your channel starting on May 15th, 2019 at 11:00 a.m. Pacific Time (PT). If an Ember is spent on your channel, it will translate to $0.01 USD that will be paid out to you. Payouts will happen at the end of the promotion. To qualify for a payout, you must receive a minimum of 5000 Embers ($50 USD). More information on the promotion can be found here.  

If you participated in the previous promotion for Mixer Embers for Non-Partners, but less than 5000 Embers were spent on your channel such that there was no payout, then we will include you in this Promotion, and we will count Embers spent on your channel in the previous promotion towards your total for this Promotion. 

Any attempt by you to compromise the integrity of this Promotion by any means or methods, including for example using multiple/different accounts, identities, registrations, logins, or any other methods, will void your participation and you may be disqualified. Use of any automated system to participate is prohibited. In the event of being banned from Mixer during the promotion your participation will be void and you will be disqualified from payout.  

  1. TAXES 

Neither of us is liable for any of the taxes that the other is legally obligated to pay and which are incurred or arise in connection with or related to the transactions under this Promotion, and all such taxes (including but not limited to net income or gross receipts taxes, and/or taxes arising from sales between either of us and our customers) shall be the financial responsibility of the party who is obligated by operation of law to pay such tax. You must provide accurate information regarding your tax profile, as requested by Microsoft. If taxes are required to be withheld on any amounts to be paid by Microsoft to you, Microsoft will deduct such taxes from the amount owed and pay them to the appropriate taxing authority and, as required, will secure and deliver to you an official receipt for any such taxes withheld. Microsoft will use reasonable efforts to minimize such taxes to the extent permissible under applicable law, and each Party will reasonably cooperate with the other to obtain the lowest tax rates or elimination of such taxes pursuant to the applicable income tax treaties. You are responsible for complying with any applicable tax laws based on the territory where you reside and the territory of your viewers. 


Pending confirmation of eligibility, potential recipients will be notified by Microsoft or their Agent within 30 days following the Promotion via the contact information provided during sign-up.   

Each eligible streamer will receive a payout based on the number of Embers their channel received.  

Payout will be given to the streamer in the form of a Mixer Visa® Prepaid Card. Recipients of this payout will receive an email from that prompts them to select either a physical or virtual Visa Prepaid Card, within 60 days following the Promotion.  If a selected participant cannot be contacted, is ineligible, fails to claim a payout or fails to return any forms, the selected winner will forfeit their payout.   


To the extent allowed by law, by participating you agree to release and hold harmless Microsoft and its respective parents, partners, subsidiaries, affiliates, employees, and agents from any and all liability or any injury, loss, or damage of any kind arising in connection with this Promotion or any payout earned.  

All local laws apply. The decisions of Microsoft are final and binding.  

We reserve the right to cancel, change, or suspend this Promotion for any reason, including cheating, technology failure, catastrophe, war, or any other unforeseen or unexpected event that affects the integrity of this Promotion, whether human or mechanical. 

If you attempt or we have strong reason to believe that you have compromised the integrity or the legitimate operation of this Promotion by cheating, hacking, creating a bot or other automated program, or by committing fraud in any way, we may seek damages from you to the full extent of the law and you may be banned from participation in future Microsoft promotions.  


Personal data you provide while entering this Promotion will be used by Microsoft and/or its agents acting on Microsoft’s behalf only for the administration and operation of this Promotion and in accordance with the Microsoft Privacy Statement.  


This Promotion will be governed by the laws of the State of Washington, and you consent to the exclusive jurisdiction and venue of the courts of the State of Washington for any disputes arising out of this Promotion. 

The Mixer Visa Prepaid Card is issued by The Bancorp Bank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. and can be used everywhere Visa debit cards are accepted around the world.