Windows Mobile Moments Competition

OFFICIAL COMPETITION AND CONTEST RULES AND REGULATIONS

 

  1. NO PURCHASE NECESSARY: The Windows Mobile Moments Competition (the “Competition”) is sponsored by Microsoft Canada Co. (the “Sponsor”). The Competition starts at 12:00:01 AM Eastern Time (“ET”) on April 13, 2009 and closes at 11:59:59 PM ET on June 15, 2009 (the “Competition Period”).

 

  1. ELIGIBILITY: To enter and be eligible to win, a person must be a resident of Canada who is 13 years of age or older at time of entering Competition in the jurisdiction in which he/she resides, be a Windows Live ID account holder at the time of entry (see section 3) and  not be an employee of the Sponsor, its affiliated companies or agents, its respective advertising or promotional agencies, the independent contest organization or a member of any such employee’s immediate family (regardless of where they live) or persons with whom they are domiciled (whether related to the employee or not).  In these Official Rules, “immediate family” includes mother, father, brothers, sisters, sons, daughters, partner or spouse. Entrants under the age of majority in the jurisdiction in which they reside must have a parent or legal guardian’s permission to enter the Competition and if a prize winner, to act on their behalf in regard to completing a Declaration and Release Form and accepting a prize (see section 12).

 

  1. HOW TO SIGN UP FOR A FREE WINDOWS LIVE ID ACCOUNT: You must have a valid email address to enter the Competition. To become a Windows Live ID account holder, which is a free registration, log onto http://login.live.com/ and select the “sign up for an account” button. Next, complete the registration entry form by entering a valid email address and select a user name and password. Upon doing so, click submit to become a member. By clicking “submit”, you are agreeing to the terms of use in the Windows Live service agreement and Privacy Policy (see section 19).

 

  1. HOW TO ENTER AND BE ELIGIBLE TO WIN THE GRAND PRIZE: To enter and be eligible to win the Grand Prize, you must be a Windows Live ID account holder (see section 3 on how to obtain an account). Between 12:00:01 AM Eastern Time (“ET”) on April 13, 2009 and 11:59:59 PM ET on June 13, 2009 (the “Submission Period”)  log onto www.microsoft.com/canada/windowsmobile/moments click on the Windows Live ID “sign in” icon found at the top of the screen and enter your username and password. Next, enter your personal information including your full name, complete mailing address (including postal code), daytime telephone number (including area code). Next, describe in 150 characters or less (the “Story”) in the field provided, your Story and upload the Photo capturing that Story by clicking on the “browse” button (see section 5 for Story format and content and 6 for Photo format and content).Upon doing so, click “Submit” for your entry (“Mobile Moment”) to be approved by the Sponsor. A Mobile Moment is a moment of the entrants choice captured in the Photo and Story. Upon approval, within 1-2 business days your Mobile Moment will be posted to the website. Entries must be received on or before 11:59:59 PM ET on June 13, 2009 (the “Submission Closing Date”). Limit of three (3) Mobile Moments entries per person during the Submission Period.

 

  1. STORY FORMAT AND CONTENT. 

Each submitted Story must:

                                i.            be submitted only once;

                              ii.            contain entirely original materials;

                            iii.            be 150 characters or less;

                            iv.            describe your Mobile Moment captured in the Photo

Stories may not include any of the following:

                                i.            profanity, sexually explicit, offensive, harassing, disparaging, libelous or other  inappropriate content;

                              ii.            language suggesting or encouraging illegal activity;

                            iii.            commercial content that promotes any product or service, other than those of the Sponsor;

                            iv.            anything that infringes anyone’s rights;

                              v.            any copyrighted works (other than as owned by the entrant).

 

  1. PHOTO FORMAT AND CONTENT.  Each submitted Photo:

                                i.      must be maximum 2mb  in size;

                              ii.      must be submitted in one of the following file formats: Jpeg or gif;

                            iii.      must be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the Sponsor is suitable for all persons, including persons under the age of 13;

                            iv.      must not, in the sole and unfettered discretion of the Sponsor, contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content;

                              v.      must not, in the sole discretion of the Sponsor, contain any commercial content that promotes any product or service other than that of the Sponsor;

                            vi.      may be submitted only once;

                          vii.      must not contain any copyrighted works (other than as owned by the entrant)

                        viii.      must contain entirely original materials.

Each Entrant warrants to the Sponsor and its agents, parent, affiliated or related companies, subsidiaries, divisions, prize suppliers, the independent contest organization, and promotional and advertising agencies and administrators that the Photo does not contravene or infringe on anyone else’s copyright or other intellectual property and that any individuals shown in the Photo have consented.

 

  1. HOW TO VOTE AND BE ELIGIBLE TO WIN A SECONDARY PRIZE: To enter and vote and be eligible to win a Secondary Prize, you must be a Windows Live ID account holder (see section 3 on how to obtain an account). During the Competition Period log onto www.microsoft.com/canada/windowsmobile/moments click on the Windows Live ID “sign in” icon found at the top of the screen and enter your username and password. Next, review the entries by clicking on the Mobile Moment of your choice to view the photo and read the Story.  To vote, click on the “Vote Now” icon below the Mobile Moment. Once you have clicked the selected icon below the Mobile Moment, you have cast one (1) vote for that Mobile Moment and will receive one (1) entry (the “Voting Entry”) into the Secondary Prize Draw (see section 10). Voting Entries must be received on or before the Competition Closing Date. Vote for as many Mobile Moment entries as you wish but there is a limit of one (1) Voting Entry per person per Mobile Moment per day. Use of mechanical or automated programs to submit votes is prohibited and may result in disqualification of votes, in the sole discretion of the Sponsor. Limit of one (1) Secondary Prize per person. The Sponsor will not be responsible and will be held harmless from any manner in which an entrant promotes his/her Mobile Moment in order to obtain votes.

 

  1. RETURNING TO THE COMPETITION: If you are returning to the Competition, visit www.microsoft.com/canada/windowsmobile/moments and click the “sign-in” icon. Next, enter your Windows Live ID account user name and password where indicated.  Upon doing so, click the “Submit” icon and you will automatically be directed to the Competition

 

  1. GRAND PRIZE SELECTION PROCESS: The twenty-five (25) entries with the highest number of votes by the Competition Closing Date will be eligible for the Grand Prize selection process. The Grand Prize selection process will take place between June 16, 2009 and June 30, 2009, and the Grand Prize selected entrant will be chosen by a panel of judges as selected by the Sponsor based on: 1) Creativity - the creativity of the moment description and imagery; 2) Emotion – a Mobile Moment that creates emotion; and 3) Innovation – getting the most out of his/her device weighted equally. In the event of a tie, the entry with the highest score in creativity will be the potential winner. Odds of being selected as a finalist for the Grand Prize depends on the total number of entries received by the Submission Closing Date; on being one of the top twenty-five (25) entries with the highest number of votes and on the judges’ decisions based on the judging criteria set out above. If a selected entrant cannot be reached within ten (10) business days of the draw date, the selected entrant will be disqualified and another entrant will be randomly selected until such time as contact is made by mail or telephone with a selected entrant or there are no more eligible entries, whichever comes first.  The Sponsor will not be responsible for failed attempts to contact a selected entrant.

 

  1. SECONDARY PRIZE DRAW: The Secondary Prize Draw will be held on June 18, 2009 at 10:00 am (ET) in Toronto, ON from among all eligible entries by people who voted by the Competition Closing Date. Odds of being selected depend on the total number of eligible entries by people who voted by the Competition Closing Date. The selected entrants will be contacted by mail or telephone within ten (10) business days of the draw date. If a selected entrant cannot be reached within ten (10) business days of the draw date, the selected entrant will be disqualified and another entrant will be randomly selected until such time as contact is made by mail or telephone with a selected entrant or there are no more eligible entries, whichever comes first.  The Sponsor will not be responsible for failed attempts to contact a selected entrant.

 

  1. PRIZES:

                    i.            Grand Prize. There will be one (1) Grand Prize available to be won, consisting of $10,000.00 CDN issued in the form of a cheque made payable to the confirmed winner as his/her name appears on the entry form provided. The value of the Grand Prize is $10,000.00 CDN. The Grand Prize must be accepted as awarded without substitution and is not transferable. The Sponsor reserves the right, in the event that the Grand Prize or any component of the Grand Prize cannot be awarded as described for any reason, to substitute another prize or component of a prize of equal or greater value, without liability. 

                  ii.            Secondary Prize: There will be three (3) Secondary Prizes available to be won, each consisting of the Winners choice of either one (1) Samsung OMNIA OR one (1) Xbox 360 Elite and two (2) games – Halo 3 and Mass Effect. Approximate retail value of the Samsung OMNIA is $549.49 (CDN). Approximate retail value of the Xbox 360 Elite and two (2) games combined is $474.97 (CDN). Secondary Prizes must be accepted as awarded. Secondary Prizes may not be transferred and are not convertible to cash. The Sponsor reserves the right to substitute a Secondary Prize in whole or in part in the event that a Secondary Prize is unavailable.

 

  1. To be declared a Prize Winner, each selected entrant first must answer correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question. Each selected entrant will also be required to sign a Declaration and Release Form (the “Release Form”) confirming compliance with the official rules, acceptance of a Prize as awarded, without substitution, and releasing the Sponsor, its affiliated and related companies, advertising and promotional agencies, the independent contest organization and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any liability in connection with a prize or the Competition. The Release Form must be returned within the time period specified on the Release Form or the Prize will be forfeited. Prizes will be delivered by courier to each winner by the Sponsor, to the address listed on the entry form, within thirty (30) days of being declared a winner. Entrants under the age of majority in their province/territory of residence must have a parent or legal guardian act on his/her behalf in regard to completing a Declaration and Release Form and accepting a Prize.

 

  1. GENERAL: By entering the Competition entrants agree to abide by the Official Rules and the decisions of the independent contest organization with respect to all aspects of the Competition, which are final.

 

  1. By entering and accepting a Prize, each winner consents to the use of his/her name, address (city and province) and/or photograph without further remuneration, in connection with any publicity carried out by or on behalf of the Sponsor with respect to the Competition.

 

  1. The Sponsor and the independent contest organization accept no responsibility for loss, damage or claims caused by or resulting from the Competition or acceptance of a Prize. The Sponsor will not be responsible for late, lost, illegible, incomplete, falsified or destroyed entries or votes and all such entries or votes are void. Entries or votes that have been falsified, tampered with or altered are void. The Sponsor and the independent contest organization will not be liable for any failure of the Competition Website, do not assume any responsibility for incorrect or inaccurate capture of entry information or votes, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof.  Entry material/data that have been tampered with or altered are void. In the event it is determined that an entrant has entered or voted in a fashion not sanctioned by these rules and/or has submitted more than the number of entries or votes permitted by these rules, the entrant will be disqualified and all of the entries or votes submitted by the entrant will be disqualified. The use of an invalid email address will disqualify the entry. Users spamming the same email address will disqualify the entry. Users using an automated script or program to send to a friend will be disqualified. In the event of a dispute, online entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry.  “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.  If the identity of an online entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the entrant.  A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry name change.  The sole determinant of the time for the purposes of a valid online entry in this Competition will be the Competition server machine(s).

 

  1.  The Sponsor reserves the right, with the consent of the Régie des alcools, des courses et des jeux (the “Régie”) in the province of Québec, to terminate or amend this Competition at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Competition is not capable of running as originally planned, as a result of tampering or infection by computer virus, the Sponsor reserves the right to cancel the Competition and conduct the draw and/or select a Grand Prize winner from all previously received eligible entries received by the Competition Closing Date. The Sponsor and the independent contest organization shall not be held responsible for any problems, errors or negligence that may arise or occur in connection with the Competition, including, but not limited to, any damage to an entrant’s computer equipment, system, software or any combination thereof, as a result of the entrant’s participation in this Competition.

 

  1. For Québec residents only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling; any litigation respecting the awarding of a prize may be submitted to the Régie des alcools, des courses et des jeux only for the purpose of helping the parties reach a settlement.

 

  1. All entries become the permanent property of the Sponsor and none will be returned. No correspondence will be entered into, except with the selected entrants.  The Competition is subject to all applicable federal, provincial and municipal laws.

 

  1. The Sponsor respects your right to privacy. Personal information collected from entrants will only be used by the Sponsor to administer the Competition and future promotions and, only if consent is given at the time of entry, to provide the entrants with information regarding upcoming promotions and/or events from the Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by the Sponsor, please visit www.microsoft.ca

 

© Promotion Solutions 2009