THE MICROSOFT WINDOWS 8 AND WINDOWS PHONE APPLICATION CONTEST

OFFICIAL RULES


Common terms used in these rules:

These are the official rules that govern how the Microsoft WINDOWS 8 AND WINDOWS PHONE APPLICATION contest promotion will operate. This promotion will be simply referred to as the “Contest” throughout the rest of these rules.

In these rules, “we,” “our,” and “us” refer to Microsoft (S.A.) (Proprietary) Limited, the sponsor of the Contest. “You,” “yourself” refers to an eligible Contest entrant.

1. CONTEST DESCRIPTION:

This is a skill-based Contest and chance plays no part in the determination of the winner(s). The object of this Contest is to develop and successfully publish 1 (one) or more Windows 8 application(s) to the Windows Store or 1 (one) or more Windows Phone 8 application(s) to the Windows Phone Marketplace. For purpose of this Contest, each Windows 8 or Windows Phone application you create and submit in the Contest will be called an “entry.” All eligible entries received will be judged using the criteria described below to determine winners.

2. WHAT ARE THE START AND END DATES?

This Contest starts at 12:01 AM South African Standard Time (“GMT+2”) on 13 November 2012 and ends at 11:59 PM GMT+2 on 13 May 2013 (“Entry Period”). Entries must be received within the Entry Period to be eligible.

3. CAN YOU ENTER?

You are eligible to enter this Contest if you meet the following requirements:

This Contest is void outside the geographic area identified above and wherever else prohibited by law.

4. WHAT CONSTITUTES AN ELIGIBLE ENTRY?

To be eligible for judging an entry must meet the following content/technical requirements:

Windows 8 application needs to be successfully uploaded to the Windows Store and Windows Phone applications needs to be successfully loaded to Windows Phone Marketplace.

In addition, by submitting your entry into this Contest you confirm that, to the best of your knowledge:

5. HOW WILL MY ENTRY BE POTENTIALLY USED?

Other than what is set forth below, we are not claiming any ownership rights to your entry. However, by submitting your entry, you:

Please note that following the end of this Contest your entry may be posted on a website selected by us for viewing by visitors to that website. We are not responsible for any unauthorized use of your entry by visitors to this website. While we reserve these rights, we are not obligated to use your entry for any purpose, even if it has been selected as a winning entry.

If you do not want to grant us these rights to your entry, please do not enter this Contest.

6. HOW DO YOU SUBMIT YOUR ENTRY?

To submit your entry you must:

You must then enter the competition by sending an email to appsza@microsoft.com containing the name of your application along with your publisher ID.

We will accept multiple entries per person and e-mail address and publisher ID. In other words, two people may not enter using the same email address and publisher ID – you each must enter using a unique email address and publisher ID. We are not responsible for entries that we do not receive for any reason, or for entries that we receive but are not decipherable for any reason.

We will automatically disqualify:

  1. Incomplete or illegible entries; and
  2. Entries that we receive in excess of the entry limit described above.

7. HOW WILL ENTRIES BE JUDGED?

A panel of qualified judges predetermined by Microsoft (whose names will be available on request), which will include at least one independent judge, will review all eligible entries received and select 1 (one) winner at the end of each month during the Entry Period based upon the following criteria:

50% Creativity and originality
25% Functionality
25% Local relevancy

The decisions of these judges are final and binding. The decision will be made on or around the 23rd of each month following the month during which an entry has been submitted for the duration of the Contest and will take place at 3012 William Nicol Drive, Bryanston at approximately 16h00. If we do not receive a sufficient number of entries meeting the entry requirements, we may, at our discretion based on the above criteria, not award all the prizes. In the event of a tie between any eligible entries, the tie will be broken by an additional judge who will the judge the tied entries based on the criteria listed above.

8. WHAT IS/ARE THE PRIZE(S)?

The odds of winning will depend on the number of eligible entries received and the level of skill of each entrant.

If for any reason the advertised prize is unavailable, unless to do so would be prohibited by law, we reserve the right to substitute a prize(s) of equal or greater value, as permitted. We will only award one (1) prize per person. If you are selected as a potential winner of this Contest:

  1. You may not exchange your prize for cash or any other merchandise or services.
  2. You may not designate someone else as the winner. If you are unable or unwilling to accept your prize, we will award it to an alternate potential winner.
  3. If you accept a prize, you will be solely responsible for all applicable taxes related to accepting the prize.
  4. If you are a minor in your place of residence, we may award the prize to your parent/legal guardian on your behalf and your parent/legal guardian shall be designated as the winner.

9. HOW WILL YOU KNOW IF YOU’RE A WINNER?

If you are a potential winner, we will notify you by sending a message to the e-mail address, the phone number, or mailing address (if any) listed on your entry within seven (7) days following the determination of winners. If the notification that we send is returned as undeliverable, or you are otherwise unreachable for any reason, we may award the prize to an alternate winner.

If there is a dispute as to who is the potential winner, we will consider the potential winner to be the authorized account holder of the e-mail address used to enter the Contest.

If you are a potential winner, we may require you to sign a declaration of eligibility, use, indemnity and liability/publicity release. If you are a potential winner and are a minor in your place of residence, and we require that your parent or legal guardian shall be designated as the winner pursuant to clause 8(4) above, we may require that they sign a declaration of eligibility, use, indemnity and liability/publicity release on your behalf. If you, (or your parent/legal guardian if applicable), do not sign and return these required forms within the time period listed on the winner notification message, we may disqualify you (or the designated parent/legal guardian) and select an alternate selected winner.

10. WHAT OTHER CONDITIONS ARE YOU ARE AGREEING TO BY ENTERING THIS CONTEST?

By entering this Contest you agree:

  1. To abide by these Official Rules;
  2. To the extent allowable under applicable law, to release and hold harmless Microsoft, their respective parents, subsidiaries, affiliates, employees and agents from any and all liability or any injury, loss, damage, right, claim or action of any kind arising from or in connection with this Contest or any prize won;
  3. That Microsoft’s decisions will be final and binding on all matters related to this Contest; and
  4. That by accepting a prize, Microsoft may use your name and place of residence online and in print, or in any other media, in connection with this Contest, without payment or compensation to you. The declaration of eligibility, use, indemnity and liability/publicity release provided to the potential winner (pursuant to clause 9 above) will make reference to obtaining his/her free consent to use his/her name and place of residence. In any case, the lack of such consent does not prevent the winner from receiving the prize.

This Contest will be governed by the laws of the Republic of South Africa, and you consent to the exclusive jurisdiction and venue of the courts of the Republic of South Africa for any disputes arising out of this Contest.

11. WHAT IF SOMETHING UNEXPECTED HAPPENS AND THE CONTEST CAN’T RUN AS PLANNED?

If someone cheats, or a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled, (also referred to as force majeure) affects the fairness and / or integrity of this Contest, we reserve the right to cancel, change or suspend this Contest. This right is reserved whether the event is due to human or technical error. If a solution cannot be found to restore the integrity of the Contest, we reserve the right to select winners based on the criteria specified above from among all eligible entries received before we had to cancel, change or suspend the Contest subject to obtaining the approval from the Régie des alcools, des courses et des jeux with respect to the province of Quebec

Computer “hacking” is unlawful. If you attempt to compromise the integrity or the legitimate operation of this Contest by hacking or by cheating or committing fraud in ANY way, we may seek damages from you to the fullest extent permitted by law. Further, we may ban you from participating in any of our future Contests, so please play fairly.

12. HOW CAN YOU FIND OUT WHO WON?

E-MAIL

If you send an e-mail to the e-mail address below on or before 18 May 2013 we will provide you with a list of winners that received a prize.

appsza@microsoft.com

13. WHO IS SPONSORING THIS CONTEST?

Microsoft (S.A.) (Proprietary) Limited is the sponsor of this Contest.

Microsoft (S.A.) (Proprietary) Limited
3012 William Nicol Drive
Bryanston
0860 22 55 67

14. PRIVACY

Microsoft’s Privacy Policy will apply to this Contest and to all information that we receive from your entry. Please read the Privacy Policy on the Contest entry page before accepting the Official Rules and submitting your entry. Please note that by accepting the Official Rules you are also accepting the terms of the Privacy Policy.