Terms and Conditions
1. The Contest shall run from 26th June 09 to 31st August 09 (“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. Any person who has a mobile phone with GPRS connection and has a Windows Live/Hotmail ID and is above 18 yrs of age shall be entitled to participate in the Contest ("Participant").
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. A Participant must ensure that his/her duly filled up valid entry form in English language, is posted at the WAP site http://mobile.live.com or before August 31st 2009 . Microsoft shall not be responsible for any delayed entries.
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7. Participation Process:
For Blackberry users :
1. Participant goes to Email Setup/Setup Wizard from home screen
2. Participant uses his/her existing Hotmail/ Windows ID or creates one on the phone
3. Once Windows Live account is set, Participant uses the mobile phone to send an email at winwith@live.in, telling why ‘The next generation Windows Live Hotmail is the best mobile email” in less than 50 words
For Other phone users :
1. Participant visits http://mail.live.com from the mobile phone
2. Participant logs in with his/her Hotmail/Windows Live ID or creates one on the phone
3. Participant uses the mobile phone to send an email at winwith@live.in, telling why ‘The next generation Windows Live Hotmail is the best mobile email” in less than 50 words
8. No participation or other fee is required to be paid for participating in the Contest.
9. The Participant agrees to provide Microsoft current, complete and accurate information.
10. An incomplete 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.
11. 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.
12. 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.
13. Microsoft may assign any or all of its rights under these Terms and Conditions to its Affiliates without consent of the Participants.
14. 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.
15. 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.
16. 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.
17. 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.
18. Following will be the prizes ("Prizes") under the Contest
Based on the quality of the answers provided, as decided by Microsoft in its sole discretion, a winning Participant will get a diamond studded watch every month during the Contest Period.
19. 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.
20. All selected Participants shall be informed individually by e-mail However, there shall be no liability on Microsoft in the event such mail does not reach such Participants on any account whatsoever.
21. The decision on the Participants selected by Microsoft shall be final and binding and no correspondence or communication shall be entertained in this regard.
22. 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.
23. 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.
24. In the event the Prizes involve manufactured items or 3rd party services, these shall be subject to manufacturer's/3rd party service provider’s terms and conditions for warranty, service and maintenance, and Microsoft does not accept any responsibility for the same.
25. Where the Prizes under the Contest are items/goods/services, these shall be subject to availability. Microsoft at its discretion can provide alternate items/services of equivalent value. Pictures of the items/goods/services shown in the Contest brochure may differ from the items/goods/services given.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
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