| 1. |
The Contest shall run from
1st April 2009to 31st July 2009 (?the Contest Period?).
Microsoft can curtail or extend the Contest Period, as it
deems necessary. |
| 2. |
The Contest shall be valid in India
only. |
| 3. |
Following shall be entitled to
participate in the Contest ("Participant"):
Teachers engaged in teaching the students of class 1-12 in
any School in India. |
| 4. |
An employee, agent or a relative of an
employee of Microsoft, or its parent company Microsoft
Corporation, USA shall not be eligible to participate in the
Contest. |
| 5. |
Each Participant must ensure that
his/her participation in the Contest is lawful and is in
accordance with the applicable laws. |
| 6. |
Participant must ensure that his/her
duly filled up valid entry form in English language, where
it is necessary to fill the same, reaches the offices of
Erflog atITLA 2008-09 Response Cell, C/o M/s Erfolg, 94
Meghdoot Building, 505, 5th Floor, Nehru Place, New Delhi -
110019 on or before31st July 2009, or in case of on-line
registration, is posted on the Website
http://www.microsoft.com/india/itla on or before 31st
July 2009. Microsoft shall not be responsible for any postal
delays, transit losses or mutilation of entry forms. |
| 7. |
No participation or other fee is
required to be paid for participating in the Contest. |
| 8. |
The Participant agrees to provide
Microsoft current, complete and accurate information. |
| 9. |
An incomplete entry form or on-line
registration by a Participant is liable to be rejected. Any
decision taken by Microsoft for rejecting any entry shall be
final and binding and not subject to any dispute or
challenge. |
| 10. |
The Participants hereby waive all
rights and grant to Microsoft, Microsoft Corporation, US or
its Affiliates a royalty-free, non-exclusive, perpetual
worldwide license to copy, modify and otherwise use and
distribute their submission entry and, or, any element of
the submission, in any and all media and in any publication
whether online, offline or on the Internet. Microsoft shall
also be free to use any ideas, concepts, know-how or
techniques contained in such submissions or materials for
any purpose. |
| 11. |
Microsoft does not make any commitment,
express or implied, to respond to any feedback, suggestion
and, or, queries of the Participants or furnish any reason
or explanation for inclusion and, or, exclusion of any
particular submission of the Participant at any stage of the
Contest. |
| 12. |
Microsoft may assign any or all of its
rights under these Terms and Conditions to its Affiliates
without consent of the Participants. |
| 13. |
Participation in the Contest shall be
construed as an acceptance of the Terms and Conditions
stipulated herein. Any breach or default by a Participant of
any of the Terms and Conditions herein shall result in
immediate disqualification without notice. |
| 14. |
The Participant undertakes and declares
that for participating in the Contest, he/she shall not use
any unauthorized or pirated software. In the event, a
Participant is found to be doing so, the entry from such
Participant shall forthwith be disqualified from the
Contest. |
| 15. |
The Microsoft officials engaged in the
organization and management of the Contest, including its
directors, officers, partners, employees, consultants and
agents are under no obligation to render any advice or
service to any Participant in respect of the Contest. |
| 16. |
Any attempt by a Participant to
deliberately damage any website or undermine the legitimate
operation of the Contest is a violation of Criminal and
Civil Laws and should such an attempt be made, Microsoft
reserves the right to seek damages from any such Participant
to the fullest extent permitted by law. |
| 17. |
Following will be the prizes ("Prizes")
under the Contest:
Out of all the projects allocated to Participants by
Microsoft, the top four Participants selected by a panel of
distinguished educators would get a chance to represent
India in the innovative teachers Worldwide Summit. To share
views and compare notes with the best teachers from across
the region. |
| 18. |
The selected Participant(s) shall have
thirty (30) days from date of notification of their
selection to respond at the notified place. Failure to
respond within this period shall result in forfeiture of the
Prizes. |
| 19. |
The name(s) of the selected
Participant(s) shall be declared through Bulletin / Notice
Boards of the respective schools of the Participants. All
selected Participants shall be informed individually by mail
(e-mail or normal post). However, there shall be no
liability on Microsoft in the event such mail does not reach
such Participants on any account whatsoever. |
| 20. |
The decision on the Participants
selected by Microsoft shall be final and binding and no
correspondence or communication shall be entertained in this
regard. |
| 21. |
Microsoft or its Affiliates shall be
entitled to use, in any manner, the name, photographs and
other details of the Participant or any other participating
person, likeness and status in any publication including the
Prizes awarded to them. By participating in the Contest, all
Participants hereby agree to the same. Microsoft may, at its
discretion, choose not to disclose the identity of the
winning Participants to other Participants. |
| 22. |
Prizes shall neither be transferable
nor exchangeable for cash or otherwise. Mere participation
in the Contest shall not entitle a Participant to the
Prizes. No other person or agent can claim the Prizes on
behalf of the Participant. |
| 23. |
In the event Prizes involve travel, the
selected Participant shall be responsible for procuring and
paying the cost of all the legal documents and procedures in
order to travel, including passports, visas, taxes and any
other documents. All travel arrangements relating to the
Prizes are subject to availability, as determined in
Microsoft's sole discretion. |
| 24. |
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 selected Participants. All Prizes shall be subject to
deduction or recovery of applicable withholding taxes. |
| 25. |
Subject to any applicable law (a) All
warranties of any kind whatsoever, whether express or
implied, are hereby expressly disclaimed by Microsoft
including, but not limited to, meeting of the Participant's
requirements or aspirations, timeliness, security, the
results or reliability of any contest/scheme, or the
delivery, quality, quantity, merchantability, fitness for
use or non infringement in respect of any goods, services,
benefits or awards acquired or obtained through the Contest
or any transactions effected through the Contest; (b) The
Participant expressly agrees that his/her participation in
the Contest offered by Microsoft is at the Participant's
sole risk and is governed by the Terms and Conditions
herein; and(c) No advice or information whether by
representations, oral, written or pictorial derived from the
website or through the Contest shall be construed to mean
the giving of any warranty of any kind by Microsoft. |
| 26. |
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. |
| 27. |
All perpetual and worldwide
intellectual property rights, including any copyright in the
submissions or feedback and the like by the Participant
shall be owned by Microsoft, Microsoft Corporation US or its
Affiliates. Microsoft shall be entitled to exploit the same
in any manner whatsoever. |
| 28. |
The Contest shall be governed by and
construed in accordance with the laws of India and shall be
subject to the exclusive jurisdiction of competent Court at
New Delhi. Any disputes, differences and, or, any other
matters in relation to and arising out of the Contest and,
or, pertaining to the rules and regulations and, or, the
Terms and Conditions shall be referred to arbitration under
the Arbitration & Conciliation Act, 1996. The arbitral
tribunal shall consist of a sole arbitrator to be appointed
by Microsoft. The venue of arbitration shall be New Delhi. |
| 29. |
The Participant agrees and undertakes
to indemnify and keep Microsoft including its affiliates,
directors, officers, partners, employees, consultants,
agents etc. harmless and indemnified against any loss,
damage, claims, costs and expenses including but not limited
to legal fees and other charges which may be incurred or
suffered by Microsoft due to breach of any Terms and
Conditions contained herein by the Participant and/or
infringement or violation of any patent, copyright,
trademark, trade secret or other proprietary right of a
third party by the Participant and, or, arising from the
participation of the Participant in the Contest. |
| 30. |
In addition to these Terms and
Conditions, other specific terms may be imposed by Microsoft
any time to deal with any unforeseen situation. Microsoft
also reserves the absolute right to change the Terms and
Conditions contained herein and, or, any other rules and
regulations in respect of the Contest at any time without
any notice, without assigning any reason and without any
liability whatsoever. Participants are requested to refer to
such other terms and conditions, if any, which may be
displayed on-line or intimated separately as Microsoft
considers fit. However, no obligation is cast on Microsoft
to separately intimate each individual Participant with
regard to such additional terms and conditions. |
| 31. |
Microsoft also reserves the right to
withdraw or discontinue with the Contest at any stage
without any liability whatsoever to the Participant and, or,
anyone. |
| 32. |
An 'Affiliate' means any legal entity
owned or controlled by Microsoft, which owns or controls
Microsoft or which is under common ownership or control with
Microsoft. The term 'ownership' means more than 50% direct
or indirect ownership/shareholding and the term 'control'
means direct or indirect control of the management or the
board of directors. |
| 33. |
For detailed participation / selection
process and related terms and conditions, for the purposes
of the Scheme, the Participants can visit http://www.microsoft.com/india/itla/
or can refer the brochure / leaflet supplied to the
Participants. The terms and conditions contained therein
shall also be applicable to all the Participants. |