Terms and Conditions for the Windows Live Messenger on BlackBerry Contest (“Contest”)
INDONESIA
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) BEFORE ENTERING THE CONTEST. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN THE PARTICIPANTS AND MICROSOFT OPERATIONS PTE LTD (“MICROSOFT”) ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THEY ARE ENTITLED TO PARTICIPATE IN THE CONTEST. BY ENTERING THIS CONTEST, THE PARTICIPANTS CONFIRM THAT THEY HAVE READ AND UNDERSTOOD, AND AGREE TO ABIDE BY, THESE TERMS AND CONDITIONS.
1. This Contest is organized by Microsoft Operations Pte Ltd (“Microsoft”). All residents of Indonesia aged at least 18 years old and using Windows Live Messenger on their Blackberry smartphone are eligible to participate in the contest ("Participant").
2. Eligibility
To participate, you must (i) 18 years and above residing in Indonesia (ii) be using a Blackberry smartphone (iii) must have activated Windows Live Messenger on your Blackberry smartphone.
3. Employees of Microsoft Corporation, their affiliates and any vendor of Microsoft Corporation (and its affiliates) who worked on the Contest (“Administrators”) are not eligible to enter. Immediate family members or those living in the same household of the Administrators are also not eligible to enter.
4. This Contest is a skill based contest, and the objective is to share the favorite feature of Windows Live Messenger and why.
5. The Participant needs to (i) register online or through his/her mobile phone and share what is his favorite Windows Live Messenger feature and why (ii) download and activate Windows Live Messenger on his/her Blackberry smartphone.
All entries submitted (“Submission”) must be original, must not have been previously published, released or distributed and must have been created and owned exclusively by the entrant submitting the creation. All Submissions may be posted on a publicly accessible web site following the contest.
6. The Submission Period begins at 12:01 AM local time on 16th November 2009 and ends at 11:59 PM local time 25 December 2009. All entries must be received prior to the close of the Contest Entry Period. Any entry submitted after the deadline will be disqualified.
7. The winner will be selected by Microsoft. Submissions will be judged based on the following criteria: (a) Creativity and originality of answer (b) Selection of the feature.
8. Prizes
The winner will receive a 40 inch Samsung LCD TV as advertised.
9. The winner will be informed by Microsoft via email or phone with details on prize collection.
10. Where the prizes under the contest are items/goods, these shall be subject to availability and may not be substituted for cash. Microsoft reserves the right to offer an alternative prize of equivalent monetary value, without prior notice. In the event prizes involve manufactured items, these shall be subject to the manufacturer's terms and conditions for warranty, service and maintenance, and Microsoft does not accept any responsibility for the same. In particular, prizes are provided by Microsoft "AS IS" without warranties of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose.
11. Taxes and other levies imposed by any relevant applicable government or tax authority, as well as other costs including, insurance and incidental costs, that may be levied or incurred on the prizes shall be fully borne by the Participants.
12. All Participants agree to have their name and details used for promotional purposes at Microsoft’s sole discretion. The prizewinner(s) in this contest agree to have their [names, answers and slogan] announced should Microsoft choose to do so after the contest period is over.
13. By entering the Contest, Participants expressly agree that the Submission does not contain any image or content that is unlawful, libelous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, or that Microsoft may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication. Microsoft shall not be liable in any way for any Submission. Microsoft shall have no obligation to monitor Submissions provided by Participants to Microsoft, but may do so at its discretion. Any Submission that, in the sole discretion of Microsoft, is considered inappropriate or unsuitable for publication will be deemed ineligible by Microsoft, and Microsoft may, in their sole discretion, remove a Submission from the contest.
14. The Participant represents and warrants to Microsoft that (i) the Participant is the sole and exclusive owner of his or her Submission, or the Participant has all right and authority to grant the rights in your Submission to Microsoft, its affiliates and/or its agents and contractors; (ii) if your Submission contains a photograph or a video, you have obtained any and all releases necessary from all persons depicted in the photograph or video, including, without limitation, releases in the context of rights of privacy and rights of publicity; and (iii) in the event a person depicted in the photograph or video is under the age of 21 years, the Participant have obtained all appropriate permissions and releases from the parent or legal guardian of the person in question, to submit the Submission for the contest.
15. Microsoft will not return any Submission submitted for the contest. Except where prohibited, by entering the contest, the Participant consents to the use of his or her name, photo and/or likeness, biographical information, winning entry and statements attributed to the Participant (if true) for advertising and promotional purposes without additional compensation or notice to him or her.
16. By participating in the contest, the Participant hereby grants to Microsoft and/or its affiliates a non-exclusive, fully transferable, perpetual, irrevocable, royalty free, fully paid up right and license to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display his or her Submission and make derivative works based on the Participant’s Submission in any and all media, including any compilation, as Microsoft and/or its affiliates see fit for any reason, to identify the Participant as the author of the Submission and to authorize others to do any of the above without any obligation to notify or further compensate the Participant.
17. Without limitation to the generality of the above provisions, Microsoft and/or any of its affiliates shall have an exclusive right to publish and use any winning Submissions in print and/or electronic form for advertising and promotion of Microsoft’s products, for exhibition, and for both commercial and non-commercial products and publications, including without limitation, using, downloading, adapting, reformatting, editing and/or resizing the winning Submissions as may be necessary and to authorize others to do any of the above without any obligation to notify or further compensate the prizewinner(s).
18. To the maximum extent permitted by law, Microsoft and its parent companies, affiliates, related corporations, subsidiaries, directors, commissioners, officers, employees and agents accepts no responsibility whatsoever for any damage, loss, death or personal injury that may occur as a consequence of an individual’s participation in this contest. Participants undertake to indemnify and keep Microsoft and its parent companies, affiliates, related corporations, subsidiaries, directors, officers, commissioners, employees and agents harmless and indemnified against any loss, damage, claims, costs and expenses which may be incurred or suffered by any or each of them due to the Participants’ breach of any of these terms and conditions, or arising from their participation in this contest.
19. In the event of any dispute arising from this contest or relating to the interpretation of these terms and conditions, the decision of Microsoft on all matters pertaining to the contest shall be final and binding on all parties.
20. The information submitted by a Participant during the registration process or when participating in this contest may include the Participant’s email address, ID number and other personal information (“Personal Information”). The Personal Information will only be used by Microsoft in accordance with applicable data protection laws and regulations and Microsoft’s privacy policy referred to below, for the purposes of administering the Participant’s participation in the contest. For more details on Microsoft's privacy policy, please see: http://privacy.microsoft.com/en-us/default.aspx. [http://www.windowsliveformobile.asia/blackberry/
21. Microsoft and any agents or contractors (if any) that it may use in the execution and management of this contest do not warrant or represent (either directly or indirectly):
(a) that participation in and/or access to the whole or part(s) of the contest, contest materials, contents, information and/or functions contained therein will be provided uninterrupted, timely, secure and error-free; or
(b) that no computer viruses shall be transmitted or that no damage shall occur to Participant's computer system as a result of any online activity of the contest, if any.
22. Any material downloaded or otherwise obtained through the Internet is done at the Participant’s own discretion and risk and the Participant will be solely responsible for any damage to his or her computer system or loss of data resulting from such download.
23. Microsoft does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise in respect of the materials on this site or any sites linked to this site.
24. The Participant declares and warrants to Microsoft that in participating in the contest, the Participant shall not use any unauthorised or unlicensed software. Participants found doing so shall be disqualified from the contest.
25. Nothing in the contest shall affect any intellectual property rights of Microsoft in any product or service, which may be the subject matter of the contest.
26. The Participants acknowledge and agree that no form of cheating will be tolerated. Any persons found cheating, as determined in the sole and absolute discretion of the Microsoft, will immediately be disqualified from the contest. Cheating includes, but is not limited to, using multiple identification numbers, tampering with, hacking of the contest site, participating in the contest without meeting the eligibility requirements, using any automated software or device to gain an advantage during the contest, use of the contest beyond the defined rules of the contest, attempting to disable or overwhelm any of Microsoft's websites or the contest Site, attempting to disrupt any portion of the contest, including but not limited to, allowing somebody else to use the Personal Information, or tampering with the entry process. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY OF MICROSOFT'S WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS; AND SHOULD SUCH AN ATTEMPT BE MADE, MICROSOFT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
27. Microsoft's failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or of any other provision.
28. Microsoft is not responsible for printing or typographical errors in any contest-related materials or for registrations that are lost or misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including electronic, computer, telephone, paper transfer, mail system, human or other error; including inability to access any website associated with the contest. The contest is void where prohibited or restricted by law, and is subject to all applicable laws.
29. By entering the Contest, the Participant agrees to be bound by these terms and conditions.
30. This contest shall be governed by and interpreted in accordance with the laws of Singapore.
31. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms herein. For the purposes of this paragraph, “person” shall mean a human being or a corporate entity (whether or not having a separate legal personality) as the case may be.