Terms and Conditions for the Online Universal Windows App-a-thon
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) BEFORE ENTERING THE Online Universal Windows App-a-thon CONTEST. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MICROSOFT BANGLADESH LIMITED (“MICROSOFT”) ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ENTITLED TO PARTICIPATE IN THE Online Universal Windows App-a-thon CONTEST (“CONTEST”). BY ENTERING THIS CONTEST, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO ABIDE BY, THESE TERMS AND CONDITIONS.
1. This Contest is organised by Microsoft Bangladesh Limited (“Microsoft”). All residents of Bangladesh are eligible to participate in the Contest ("Participant"). If you are below the age of 18 years, you must obtain the appropriate permissions and releases from your parent or legal guardian in order to participate in the Contest.
2. You must be a developer registered at http://dev.windowsphone.com. If you are a student you will find more information on how to create a Dev Center account here and here. Microsoft employees, agents, interns, or relatives of a Microsoft employee, employee of any party which is directly involved in organizing or conducting the Contest are not eligible to participate in the Contest.
3. The Contest will work as follows:
4.The Contest will comprise three prize categories:
A. Games: The Participants with the highest-quality (as determined by Microsoft) games published to the Windows & Windows Phone Store during the Contest Period will be eligible for prizes as indicated in the table below:
B. Qualitative apps: The Participants with the highest-quality (as determined by Microsoft) non-game apps published to the Windows & Windows Phone Store during the Contest Period will be eligible for prizes as indicated in the table below:
C. Quantitative apps: The Participants with the highest numbers of apps published to the Windows & Windows Phone Store during the Contest Period will be eligible for prizes as indicated in the table below:
5. Microsoft reserves the right not to declare one or more Winners in any category if it determines that no or insufficient Submissions qualify in the category.
6. Prizes will be delivered to the Winners at an awards ceremony at a venue and time of to be determined.
7. Where the prizes under the Contest are items/goods, these shall be subject to availability and may not be substituted for cash.
8. 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.
9. 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.
10. All Participants in this Contest agree to have their name and details used for promotional purposes at Microsoft’s sole discretion. The Winner(s) in this Contest agree to have their names, answers and slogan announced should Microsoft choose to do so after the Contestperiod is over.
11. By entering the Contest, Participant expressly agree that each app submitted for the Contest (each a “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 bedeemed ineligible by Microsoft, and Microsoft may, in their sole discretion, remove a Submission from the Contest.
12. You represent and warrant to Microsoft that (i) you are the sole and exclusive owner of your Submission, or you have 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 18 years, you 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.
13. Microsoft will not return any Submission submitted for the Contest. Except where prohibited, by entering the Contest, you consent to the use of your name, photo and/or likeness, biographical information, winning entry and statements attributed to you (if true) for advertising and promotional purposes without additional compensation or notice to the Participant.
14. By participating in the Contest, the Participant hereby grant 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 your 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 anyof the above without any obligation to notify or further compensate the Participant.
15. 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 Winner(s).
16. To the maximum extent permitted by law, Microsoft and its parent companies, affiliates, related corporations, subsidiaries, directors, officers, employees and agents accepts no responsibility whatsoever for any damage, loss, death or personal injury that may occur as a consequence of any individual’s participation in this Contest. Participants undertake to indemnify and keep Microsoft and its parent companies, affiliates, related corporations, subsidiaries, directors, officers, 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 breach of any of these terms and conditions by the Participants and, or arising from the participation of the Participant in this Contest.
17. 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.
19. 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) thatparticipation in and/or access to the whole or part(s) of the Contest, Contestmaterials, contents, information and/or functions contained therein will beprovided uninterrupted, timely, secure and error-free; or
(b) that nocomputer viruses shall be transmitted or that no damage shall occur to any Participant'scomputer system as a result of any online activity of the Contest, if any.
20. Any material downloaded or otherwise obtained through the Internet is done at the Participant's own discretion and risk and that the Participant will be solely responsible for any damage to the Participant's computer system or loss of data resulting from such download.
21. 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.
22. 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.
23. 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.
24. The Participant 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.
25. Microsoft's failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or of any other provision.
26. Microsoft is not responsible or 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.
27. By entering the Contest, the Participant agree to be bound by these terms and conditions. Notwithstanding the foregoing, Microsoft has the right to modify these terms and conditions contained herein and, or, withdraw or terminate the Contest at any stage without any liability towards anyone.
28. This Contest shall be governed by and interpreted in accordance with the laws of Bangladesh.
29. If any terms and conditions above or part thereof is rendered void, illegal or unenforceable in any respect nder the law, the validity, legality and enforceability of the remaining rovisions shall not in any way be affected or impaired thereby.