OFFICIAL RULES AND REGULATIONS
Battle of the Apps Competition
OFFICIAL RULES AND REGULATIONS
Open to residents of Canada only and governed by Canadian Law
No Purchase Necessary. The Battle of the Apps Competition (the “Competition”) is sponsored by Microsoft Canada Inc. (the “Sponsor”). The Competition begins at 12:00:00 AM Eastern Time (“ET”) on January 15, 2011and ends at 11:59:59 PM ET on June 15, 2011 (the “Competition Period”). By entering this Competition, entrants agree to abide by these Official Rules. The decisions of the independent Competition organization with respect to all aspects of the Competition are final. The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to Microsoft Canada Inc.and not to Facebook. Facebook is completely released of all liability by each entrant in this Competition. Any questions, comments or complaints regarding the Competition must be directed to Sponsor and not Facebook.
1. ELIGIBILITY: To be eligible to enter, a person must: (i) be a legal resident of Canada who is (1) age of majority in the Province or Territory in which he/she resides; (ii) be a full-time student enrolled in a CO-OP program in a post-secondary institution, college or university within Canada at time of entry; and (iii) not be an employee (or domiciled with an employee, whether related to the employee or not) of the Sponsor, its affiliated companies, agents, advertising/promotional agencies or the independent Competition organization.
2. HOW TO ENTER THE COMPETITION: You must be a Windows Live ID account holder and be registered with Microsoft Dreamspark and Marketplace (see paragraph 3). As a registrant of Microsoft Dreamspark, you will have access to professional tools to assist you in building your Application (“App”). During each Submission Round (see paragraph 4), visit www.battleoftheapps.ca (the “Competition Website”) and click the “Submit Your App” tab and select either “Submit A Video” or “Submit Photo(s)”. Before you begin, confirm that you have certified your App at App Hub and that you have uploaded your App to Marketplace. Next, complete the online entry form (the “Entry Form”) with your full name, your Windows LIVE ID (see paragraph 3i), a daytime telephone number (including area code) and your city and Province/Territory of residence. Next, enter the name and a description of your App along with your Apps Marketplace URL. Upon doing so, you will be required to: (i) click on the “Browse” button to select the video or photo(s) of your App (the “Submission”) for upload to the Competition Website (see paragraph 6 for Submission format and content requirements); (ii)confirm that the content of your Submission is original to your and does not infringe the rights of any third party; (iii) confirm compliance with these Official Rules and Regulations, and type in the code you see in the image supplied; (iv) Opt-in to receive either the Microsoft Newsletter and/or communications and information from Microsoft (optional); and (v) click “Enter the Competition” button to complete your entry. After you click the “Enter the Competition” tab, your Submission will be reviewed by the Sponsor (or its designated representative) within forty-eight (48) hours to determine if it meets the requirements outlined in paragraph 6. If eligible, your Submission will be considered an official entry into the Competition and will be uploaded onto the Competition Website and you will receive an email notification informing you that it has been uploaded. Any Submission that the Sponsor and/or its designated representative(s) deems, in its/their sole discretion, to violate the terms and conditions set forth in these Official Rules and Regulations will not be posted. Prior to being posted on the Competition Website, the Sponsor and/or its designated representative(s) reserve the right, in its/their sole discretion, to edit or modify any Submission, or to request that entrant modify or edit his or her Submission, in order to ensure that the Submission complies with these Official Rules and Regulations, or for any other reason. By entering the Competition and submitting a Submission, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Submission, in whole or in part, for advertising or promoting the Competition for any other reason; (ii) waives all moral rights in and to his/her Submission in favour of the Sponsor; and (iii) agrees to release and hold harmless the Released Parties (defined below) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsor and/or its designated representative(s) reserve the right, in its/their sole discretion at any time, to modify, edit or remove any Submisson, or to request an entrant to modify or edit his or her Submission, if a complaint is received with respect to the Submission, or for any other reason. If such an action is deemed necessary after the Submission has been posted on the Competition Website, then the Sponsor reserves the right, in its sole discretion, to reset the vote count associated with the Submission to zero. Submissions must be received on or before the applicable Submission Round Cut-Off-Date (see paragraph 4). There are no limits to the number of Submissions you enter during a Submission Period, but each Submission must be unique and may only be entered once during the Competition Period. You may use only one (1) email address to enter the Competition. If it is discovered that you attempted to: (i) enter a Submission more than one (1) time during the Competition Period; and/or (ii) use more than one (1) email address to enter the Competition; then (in the sole discretion of the Sponsor) you may be disqualified from the Competition. Your entry will be rejected if the entry form is not fully completed (including uploading your Submission) and submitted during the Competition Period. Use of any automated system to enter, or otherwise participate in, this Competition is prohibited and will automatically result in disqualification.
3. REGISTRATION OF WINDOWS LIVE ID, MICROSOFT DREAMSPARK AND MARKETPLACE:
i. How to sign up for a Windows Live ID Account: You must have a valid Windows Live ID 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.
ii. How to register for Microsoft Dreamspark: To register for Microsoft Dreamspark (which is a free registration for full-time CO-OP students), visit www.dreamspark.com and complete the registration form. As a registrant of Microsoft Dreamspark, you will have free access to professional tools to assist you in building your Application.
iii. How to register for App Hub and Marketplace:
Once the student has registered for Microsoft Dreamspark, they are then elegible to receive a one-year App Hub Academic Trial Membership, allowing students to submit their apps and games for Windows Phone 7 for publishing on Windows Phone Marketplace. To register for App Hub, visit http://create.msdn.com/en-ca/home/membership and complete the registration form.
4. SUBMISSION ROUNDS: The Competition Period consists of three (3) Submission periods (each herein referred to as a “Submission Round”):
Submission Round 1 Begins 12:00:00 AM (ET) on January 15, 2011 and ends 11:59:59 PM (ET) on February 15, 2011 ("Round 1 Cut-Off-Date")
Submission Round 2 Begins 12:00:00 AM (ET) on March 15, 2011 and ends 11:59:59 PM (ET) on April 15 ("Round 2 Cut-Off-Date")
Submission Round 3 Begins 12:00:00 AM (ET) on May 15, 2011 and ends 11:59:59 PM (ET) on June 15 ("Round 3 Cut-Off-Date")
5. HOW TO VOTE FOR A SUBMISSION: During each Submission Round, visit the Competition Website and choose which Submission you would like to vote for by clicking on the “Vote” button. All votes must be received by the end of the applicable Round Cut-Off-Date to be factored into the judges decision. Limit of one (1) Vote per person/e-mail address per Submission. If it is discovered that attempts were made to: (i) vote more than one (1) time per person for the same Submission; (ii) use any automated, script, macro, robotic or other program(s) to submit votes; and/or (iii) engage in systematic voting from the same computer/IP address; then Sponsor reserves the right, in its sole discretion, to disqualify the votes and/or the entrant associated with the Submission to which such votes relate. The Sponsor will not be responsible for and will be held harmless with respect to the ways in which any entrant promotes his/her Submission in order to obtain votes.
IMPORTANT: You may encourage your friends and other eligible individuals to vote for your Entry; however, you are not allowed to offer any individual any form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize in furtherance of receiving such individual’s vote for their Entry. Any Competitionant determined by Sponsor and/or its representative (in their sole and absolute discretion) to be engaging in such behaviour is subject to disqualification.
6. SUBMISSION FORMAT & CONTENT.
i. Each Photo Submission must:
• be of an App you, the entrant created;
• be titled (maximum of 50 characters);
• be described (maximum of TBC characters);
• be in English OR French;
• be entered only once;
• contain no more than 4 Photos: 5Mb per photo
• be in the following format: png, jpeg, gif;
• 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;
• not, in the sole and unfettered discretion of the Sponsor, contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content;
• not, in the sole discretion of the Sponsor, contain any commercial content that promotes directly or indirectly any product, or service other than those of the Sponsor;
• not, in the sole discretion of the Sponsor, contain any language suggesting or encouraging illegal activity;
• not contain anything that infringes anyone’s rights including intellectual property rights;
• not contain any copyrighted works (other than as owned by the entrant);
• contain entirely original materials
ii. Each Video Submission must:
• be of an App you, the entrant created;
• be titled (maximum of 50 characters);
• be described (maximum of TBC characters);
• be in English OR French;
• be entered only once;
• be no more than 3 minutes in total running time;
• not include any music unless it is original music created or licensed by the entrant;
• 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;
• not, in the sole and unfettered discretion of the Sponsor, contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content;
• not, in the sole discretion of the Sponsor, contain any commercial content that promotes any product, clothing or service other than those of the Sponsor;
• not, in the sole discretion of the Sponsor, contain any language suggesting or encouraging illegal activity;
• not contain anything that infringes anyone’s rights including intellectual property rights (e.g. any clothing worn by persons appearing in your Video must not contain any visible logos, trade-marks or other third party materials);
• not contain any copyrighted works (other than as owned by the entrant).
• contain entirely original materials.
For greater certainty, your Submission must be original to you and you must have all necessary rights (including, without limitation, consent of the videographer/photographer) in and to the Submission to enter the Competition. If you are using a Submission depicting a person other than yourself, you must first obtain the permission of that person to use his/her image. If that person is under the age of majority you required the consent of their parent/legal guardian. The onus for obtaining such consent rests entirely with the entrant. The Sponsor assumes no responsibility for obtaining such consent or for use of posted Submissions. By participating in the Competition, each entrant warrants and represents that his/her Submission will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe any rights and/or interests of any third party, or give rise to any claims for payment whatsoever. Each Submission satisfying the requirements set out above in paragraph 6 and submitted in accordance with these Official Rules and Regulations will, subject to the discretion of the Sponsor, be an eligible entry into the Competition.
BY SUBMITTING A SUBMISSION, YOU AGREE THAT THE SUBMISSION COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR SUBMISSION BY THE SPONSOR AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE OFFICIAL RULES AND REGULATIONS.
7. PRIZES: There will be ten (10) Prizes available to be won.
i. GRAND PRIZE: There will be one (1) Grand Prize available to be won consisting of a trip for the Grand Prize winner to the Microsoft TechEd Australia 2011 conference on August 30th to September 2, 2011 in Gold Coast, Australia, including: return economy airfare departing August 27, 2011th from the Canadian International Airport nearest the winner’s residence to Gold Coast, Australia and returning September 3rd ; five (5) nights’ accommodation at a 4+star hotel based on single occupancy as selected by the Sponsor; ground transportation to and from the destination airport to the designated hotel; one (1) ticket to the Microsoft TechEd Australia 2011 conference on August 30th to September 3rd (seating locations as determined by the Sponsor).The approximate retail value of the Grand Prize is $5,000.00 (CDN) based on a return economy airfare from Toronto, Ontario to Gold Coast, Australia. Any difference between such approximate retail value and the actual value of the Grand Prize as taken will not be awarded. The winner is responsible for all other costs and expenses not specifically listed above, including, without limitation, taxes, meals, food, beverages, insurance, valid travel documentation, passports, transfers to and from the departure airport, car rentals, medical/health expenses, gratuities, excess baggage fees, communication charges, admission fees and all personal expenses and incidentals. Due to the nature of the Grand Prize, no alternative dates are available other than those selected by the Sponsor. The winner must have valid travel documents prior to ticketing (such as a passport) and be eligible for entry into Australia and Canada or the Grand Prize will be forfeited. There are no deviations to travel allowed (i.e. length of stay, flight stopovers, travel dates, etc). In the event that the winner does not use any portion of the Grand Prize, there will be no extension, transfer, substitution or any kind of compensation provided. The Grand Prize must be accepted as awarded without substitution and is not transferable, not for resale and has no cash surrender value. The Sponsor reserves the right, in the event that the Grand Prize or any component of a Grand Prize cannot be awarded as described, or for any reason whatsoever, to substitute another prize or component of a prize of equal or greater value. The Sponsor is not responsible if for any reason whatsoever, the Microsoft TechEd Australia 2011 conference is cancelled.
ii. SEMI-FINAL PRIZES: There will be a total of nine (9) Semi-Final Prizes available to be won, each consisting of Samsung Focus SGH-i917 Windows Phone 7 Smartphone- each with an approximate retail value of $599.00 (this does not include data or voice plan) and the opportunity to be interviewed for one (1) of five (5) CO-OP positions within the following organizations: Microsoft Canada Inc., Polar Mobile, Habanero and Yellow Pages. Semi-Final Prizes must be accepted as awarded without substitution and are not transferable. The opportunity to be interviewed does not guarantee a Semi-Finalist prize winner a co-op position. The Sponsor reserves the right in the event that a Semi-Final Prize or any component of a Semi-Final 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. Limit of one (1) Semi-Final Prize per person.
8. THE SELECTION PROCESS:
i. Semi-Final Prize Selection Process: At the end of each Round, a Judging Period will take place as follows:
SEMI-FINAL JUDGING PERIOD
Round 1 Judging Period Begins 12:00:00 AM (ET) on February16, 2011 and ends 11:59:59 PM (ET) on March 09, 2011 ("Round 1 Judging Period")
Round 2 Judging Period Begins 12:00:00 AM (ET) on April 16, 2011 and ends 11:59:59 PM (ET) on May 07, 2010 ("Round 2 Judging Period")
Round 3 Judging Period Begins 12:00:00 AM (ET) on June 16, 2011 and ends 11:59:59 PM (ET) on July 07, 2010 ("Round 3 Judging Period")
During each Semi-Final Judging Period (see above), three selected entrants (three (3) per Round) (each references to as a Semi-Finalist Selected Entrant) will be determined by a panel of judges as selected by the Sponsor based on the following judging criteria (weighted equally):
Use of API, Design, Sociability, Stability, Usability, Votes, Engagement and Cloud Integration (“Judging Criteria”);
In addition, to be eligible the Submission must satisfy the requirements set out above in paragraph 6 and be submitted in accordance with these official rules and regulations
Odds of being selected for a Semi-Final Prize depend on being selected by the panel of judges depends on the number and caliber of Submission received for each round. Each Semi-Final Prize selected entrant will be contacted by telephone within seven (7) business days of being selected. If a Semi-Final Selected Entrant (a) cannot be reached by telephone within seven (7) business days of being selected or there is a return of any notification as undeliverable or (b) fails to return the properly executed Release Form within the specified time (see paragraph 9), then he/she will be disqualified and the eligible entrant associated with the eligible Submission with the next highest judges score will be deemed to be a Semi-Final Selected Entrant. This process will be repeated until such time as three eligible entrants have been declared a Semi-Final Selected Entrant in accordance with these Official Rules and Regulations, or there are no more remaining eligible Submissions, whichever comes first. The Sponsor will not be responsible for failed attempts to contact a selected entrant. Maximum one Semi-Finalist Prize per entrant.
ii. Grand Prize Selection Process: At the end of the Semi-Final Prize Selection Process, the Grand Prize selection process will commence. Each Semi-Finalist selected for a Semi-Final Prize (see paragraph 8i) will be eligible for the Grand Prize Judging Period.
Between July 09, 2011 and July 12, 2011 (the “Grand Prize Judging Period”), the Grand Prize Selected Entrant will be selected by a panel of judges selected by the Sponsor based on the Judging Criteria (see paragraph 8i).
Odds of a Semi-Finalist Selected Entrant being selected for the Grand Prize are 1 in 9. The Grand Prize selected entrant will be contacted by telephone within seven (7) business days of being selected. If the selected entrant (a) cannot be reached by telephone within seven (7) business days of being selected or there is a return of any notification as undeliverable or (b) fails to return the properly executed Release Form within the specified time (see paragraph 9), then he/she will be disqualified and the eligible entrant associated with the eligible Submission with the next highest judges score will be deemed to be the Grand Prize selected entrant. This process will be repeated until such time as an eligible entrant has been declared the Grand Prize Winner in accordance with these Official Rules and Regulations, or there are no more remaining Semi-Finalist Selected Entrants, whichever comes first. The Sponsor will not be responsible for failed attempts to contact a selected entrant.
9. To be declared a winner, each selected entrant must sign and return a declaration and release form (the “Release Form”), which (among other things): (i) confirms compliance with these Official Rules and Regulations and acceptance of the Prize as awarded, without substitution; (ii) agrees to release the Sponsor, its affiliated and related companies, advertising and promotional agencies, the independent Competition organization and each of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any liability in connection with the Competition, the selected entrant’s participation therein and/or the awarding and use/misuse of a Prize or any portion thereof (iii) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Competition and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet; (iv) assigns all intellectual property, including copyright, in and to his/her Submission and waives his/her moral rights therein in favour of the Sponsor; and (v) agrees to release the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Submission, including, without limitation, any claim that his/her Submission infringes a proprietary interest of any third party. The properly executed Release Form must be returned within the time period specified on the Release Form or the Prize will be forfeited and an alternate eligible entrant will be selected as outlined above. Prizes will be coordinated with the confirmed winners by the Sponsor upon receipt and verification of his/her Release Form.
10. GENERAL: By entering the Competition, each entrant agrees to abide by these Official Rules and Regulations and the decisions of the independent Competition organization, with respect to all aspects of the Competition (including, without limitation, eligibility and/or disqualification of entries/votes), which are final and binding, without right of appeal.
11. The Released Parties accept no responsibility for loss, damage or claims caused by or resulting from the Competition or a Prize. By entering and accepting a Prize, each selected entrant consents to the use of his/her name, address (city and province/territory) 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.
12. The Released Parties will not be liable for any failure of the Competition Website, do not assume any responsibility for incorrect or inaccurate capture of entry information, 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, including voting, that have been tampered with or altered are void. The use of an invalid email address will disqualify the entry. 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. Each 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 and that and that he/she has all necessary consents, permissions and/or licenses as required by these Official Rules and Regulations. The sole determinant of the time for the purposes of a valid entry in this Competition will be the Competition server machine(s). All entries/votes are subject to verification. The Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor) to participate in this Competition. Failure to provide such proof in a timely manner may result in disqualification. Entry material/data that have been tampered with or altered are void. In the event it is determined that an entrant has entered, or his/her Submission viewed or voted on in a fashion not sanctioned by these Official Rules and Regulations, the entrant will be disqualified.
13. 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, suspend or amend this Competitionor these Official Rules and Regulations 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 or for any other reason, the Sponsor reserves the right to cancel the Competition. The Released Parties 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. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Competition is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
14. For Québec residents only: Any litigation respecting the conduct or organization of a publicity Competition 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.
15. Entries will not be returned to the entrant. No correspondence will be entered into, except with the selected entrants. The Competition is subject to all applicable federal, provincial and municipal laws.
16. The Sponsor respects your right to privacy. Personal information collected from entrants will only be used by the Sponsor to administer the Competition 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 http://privacy.microsoft.com/en-ca/default.mspx
17. All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Competition, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
18. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and Regulations and disclosures or other statements contained in any Competition related materials, including, but not limited to: the Entry Form and/or point of sale, television, print or online advertising; the terms and conditions of these Official English Rules and Regulations shall prevail, govern and control.
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