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1. CONTEST OVERVIEW AND TERM.
THERE IS NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Welcome to The Microsoft Office 2007 Develop Without Borders Contest (the "Contest"), sponsored by Microsoft Corporation ("Microsoft" or "Sponsor" herein) and administered by Gage Marketing Group, LLC ("Gage" or "Administrator"), offering exciting benefits to individual software developer practitioners or authorized representatives of independent software developers, consultants and/or vendors (including Microsoft Solution Providers, developers and custom solution builders) (collectively, "ISVs") who are of majority in their jurisdiction of legal residence (minimally at least 18 years of age) and have technical programming education and/or knowledge to create application solutions based upon the Beta for Microsoft Office 2007(collectively, including meeting all Contest-related eligibility requirements, "Participants") who by registering and participating in the Contest can qualify to potentially win a Grand Prize package of over US$12,000 in hardware and software and up to US$50,000 in hardware, software and services for a Participant's chosen charitable organization (with a total Contest prize pool of up to US$160,000 for eleven (11) winning Participants and their chosen charitable organizations), as more fully described and subject to the terms and conditions specified in these Official Rules, Terms of Use, Privacy Statement and official Contest communications and publications by Sponsor. The Contest entry period commences on June 26, 2006 (12:00:00 AM Pacific Time ("PT")) and continues through and including October 1, 2006 (11:59:59 PM PT) (the "Contest Term"). Employees, contingent staff persons and directors, together with members of their immediate families (parent, child, sibling and spouse of each) and those living in their same households, of Microsoft and its subsidiaries and equity affiliates and independent contractors supporting the Contest, including the Contest Administrator and its parent, subsidiaries and equity affiliates, and any advertising and promotion agencies of any of the foregoing entities are ineligible to enter and participate in the Contest or be awarded and retain any Contest Prize (as described below). All entry information and submissions shall be deemed collected and judged in the United States. Residents of the following countries are ineligible to participate: Cuba; Iran; Iraq; Libya; North Korea; Sudan; and Syria. In addition, residents of the province of Quebec in Canada are ineligible to participate. The Contest is void in these countries and where prohibited or restricted by law. Please Note: If an individual prospective Participant is acting as an agent and representing his/her employer/principal in this Contest, it is his/her sole responsibility to review, understand and abide by his/her principal's or employer's policies regarding eligibility to participate in activities such as the Contest described in these Official Rules, Terms of Use, Privacy Statement and official Contest communications and publications. If you are participating in violation of your principal's/employer's policies, you may be disqualified from entering the Contest and being awarded/retaining Contest Prizes. Released Parties (as defined below) disclaim any and all liability or responsibility for disputes arising between an employee and his/her employer (or other principal-agent relationships) related to this matter. This Contest is not applicable to Public Sector customers (government and public education customers). Are you a government or education customer? If the answer is "Yes" you may go to www.microsoftincentives.com/publicsector to view available Public Sector offers. These rules, terms and conditions specified herein for the Contest comprise its Official Rules (hereinafter, the "Rules") and, together with the Contest Site's Terms of Use and Privacy Statement and official Contest communications or publications by Sponsor, shall govern and apply to all participation and activity arising out of and relating to the Contest and use of the Site. In the event of a conflict between the Rules, Terms of Use, Privacy Statement and any official Contest communications or publications, the Rules, Terms of Use and Privacy Statement shall govern, as interpreted in Sponsor's reasonable discretion. Please take a moment to review these Rules, the Terms of Use and Privacy Statement which, by your participation, including registration, entry, verification activities and redemption of any Contest Prize, you agree will govern all aspects of your relationship with the Contest, the Site, its Sponsor and the Contest Administrator and Contest agents. These Rules cannot be modified or superseded except by Sponsor, in its reasonable discretion, in a written revision to these Rules posted on the official Contest web site (www.developwithoutborders.com) (the "Site") and, at Sponsor's sole discretion, other potential official Contest communication methods reasonably calculated to reach a majority of potential or active Participants. 2. PARTICIPATION IN THE CONTEST A. REGISTRATION AND CREATION OF CONTEST PARTICIPANT ACCOUNT. To participate in the Contest, accurately and truthfully complete as directed the Participant registration information request online at the Site, which includes input of a prospective Participant's full name, complete mailing address, e-mail address, confirmation of minimum age, any posted contact preference elections and consent to be bound by the Rules, Terms of Use and Privacy Statement. All responses must be in English. Input and submission of the Participant-specific Contest registration information (including all information designated as mandatory) and the creation of a login name and password constitutes official registration for participation in the Contest ("Registration") and will establish a Participant-specific account ("My Account") within the Site for purposes of the Contest, subject to continuing eligibility, participation, verification and adherence to the Rules, the Terms of Use and the Privacy Statement. Upon Registration, Participants are encouraged to review all Contest-related information available on the Site and in the My Account for familiarity with mechanics and requisites for further participation and entry in the Contest, the Contest judging criteria and Contest-related deadlines. B. DOWNLOAD THE MICROSOFT OFFICE 2007 SYSTEM BETAS. Participation in the Contest requires the download and use by eligible prospective Participants of the Microsoft Office 2007 System betas, including Microsoft Office Professional Plus 2007, Microsoft SharePoint Designer 2007, Microsoft Office SharePoint Server and Microsoft Windows SharePoint Services (collectively hereinafter, the "Beta"), including review of and agreement to the License Agreements for the Beta, freely available via link on the Site or at http://www.microsoft.com/office/preview/default.mspx. C. CHOOSE A CHARITABLE ORGANIZATION, IDENTIFY A NEED(S) AND CONCEPT A BETA APPLICATION-BASED SOLUTION. Identify a charitable organization, which must be formally incorporated, registered, active and in good standing and recognized as charitable/not-for-profit under applicable country laws of organization throughout the Contest Term and judging periods prescribed in these Rules (an eligible "Charity"). Further identify an organizational need(s) of the Charity and a concepts or ideas for Beta Application-based solution(s) to address the identified need(s). Also begin to gather and input the Charity-specific descriptive information specified for inclusion in a Contest Entry in the My Entries subsection of My Account on the Site. D. DEVELOP AN APPLICATION-BASED SOLUTION TO ADDRESS THE NEED(S) OF THE CHOSEN CHARITY COMPATIBLE WITH THE MICROSOFT OFFICE 2007 PLATFORM AND USING THE BETA. Using the Beta, develop an application-based solution to address a chosen Charity's organizational need. Prospective Participants should consult these Rules in conjunction with their Contest-related application development efforts in furtherance of potential entry, including the Judging Criteria and Contest Prizes specified herein. An eligible application is originally developed (e.g., must not violate or infringe on any applicable law or regulation or third-party rights), code compatible with the Microsoft Office 2007 platform created using the Beta that will enhance the value and/or performance of Microsoft Office 2007. Additionally, the application: must be in compliance with the Microsoft Office 2007 Beta License Agreements and any other specified terms and condition at the time of download during the Contest Term; must be written in English; may not integrate with any third-party (non-Microsoft) search engine; may not contain any third-party promotion, marketing or advertising in any form or of any kind; may not be obscene, indecent, violent, hateful, libelous or contain other offensive or inappropriate content, explicitly or by innuendo, as determined in Sponsor's reasonable discretion; may not be competitive with, or promote competitors of, Microsoft Office 2007; or otherwise be prohibited by law (including meeting all Contest and application-related eligibility and specification criteria identified in these Rules, an "Application"). E. CONTEST ENTRY VIA SUBMISSION OF A POWERPOINT PRESENTATION. Prior to the conclusion of the Contest Term through 11:59:59 PM Pacific Time on October 1, 2006, a Registered Participant must submit on the Site through the My Account > My Entries pathway via upload a Microsoft Office PowerPoint presentation using the template provided on the Site, which includes detail concerning the Participant, the Charity, the Charity's organizational need(s), the proposed Application-based solution and information and responses to inquiries germane to potential implementation of the proposed solution (the "PPT"). The PPT file may not to exceed ten (10) megabytes in size (approximately six (6) pages in length). By submitting a PPT, a Participant warrants that the subject Application is either fully or substantially developed and functions or will function as represented in the PPT. A PPT file containing the Application and other solution-related detail timely submitted prior to the conclusion of the Contest Term by a Registered Participant in accordance with these Rules constitutes and eligible Contest "Entry" in the Semi-Finalist Round of Judging, subject to initial verification by Sponsor ("Validated Entry") and further verification at Sponsor's discretion at any time following the Contest Term. Participants shall reasonably cooperate with Sponsor and/or its Contest Administrator in any verification activities. A prospective Participant may participate in the Contest with multiple Entries, provided that each subsequently tendered entry is unique and materially distinct from a Participant's existing Entry or Entries, as determined in Sponsor's sole discretion. Please Note: By entering the Contest and uploading for continuing entry and validation a PPT, each Participant grants to each of Sponsor (including its affiliates and subsidiaries, employees, agents, and contractors), any testing partners, and the Contest Administrator and Contest Judges an irrevocable, royalty free, fully paid up, worldwide non-exclusive license under the Participants' copyrights, patents or other intellectual property rights to use, review, assess, test and otherwise analyze the submissions and all their content in connection with this Contest. In addition, Participants waive on an irrevocable basis all moral rights in the submissions and all their content. Sponsor shall be free to use for any purpose in any and all media now known or hereinafter developed in any territory in perpetuity the residuals resulting from access to or work with Participants' Applications. The term "residuals" means information in intangible form, which is retained in memory by persons who have had access to the submissions, including ideas, concepts, know-how, or techniques contained therein. Sponsor shall not have any obligation to limit or restrict the assignment of such persons or to pay royalties for any work resulting from the use of residuals. F. SEMI-FINALIST AND FINALIST ROUNDS OF JUDGING 1. Semi-Finalist Round of Judging. Commencing on or about October 1, 2006, all Validated Entries will be reviewed, considered and judged in the Semi-Finalist Round of Judging by a panel of qualified judges with guidance from an independent judging organization, which will score each Entry based on the Contest Judging Criteria. Those Participants whose Entries, based on the Judging Criteria, are ordinally ranked 1st (highest number of points, based on the Judging Criteria) through 20th from amongst the pool of Semi-Finalist Round of Judging Participants/Entrants will advance to the Finalist Round of Judging and Participants will be so notified via e-mail the week of October 16, 2006 (based on the Registration contact information provided and maintained by Participants on the Site) and be requested to present their Entry via Microsoft Live Meeting on the Site for the Finalist Round of Judging on or about October 18 through October 27, 2006 (as scheduled and communicated by Sponsor in its sole discretion). 2. Finalist Round of Judging. On or about October 18 through October 27, 2006 (as scheduled and communicated by Sponsor in its sole discretion), designated Finalist Participants shall present their Entries in the Finalist Round of Judging via Microsoft Live Meeting on the Site to a Finalist panel of qualified judges, with guidance from an independent judging organization. In the event a Finalist Participant cannot be notified within a reasonable period of time, fails to confirm attendance, fails to attend the Microsoft Live Meeting, is not in compliance with these Rules or eligible for whatever reason, at Sponsor's discretion, such Finalist Participant will be disqualified and an alternate Finalist Participant may be chosen to participate in the Finalist Round of Judging. Sponsor reserves the right to select fewer than 20 Finalist Participants if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Validated Entries of Finalist Participants. Sponsor may, in its discretion, commencing on or about November 3, 2006, identify and post on the Site on or about December 4, 2006, the eleven (11) highest ranked Finalists in aggregate without specific ordinal ranking, subject to further verification, judging and determination of final relative ordinal ranking and Contest Prize designation of such eleven (11) highest ranked Finalists, based on such ordinal ranking. Between December 4 and December 22, 2006, and based on application of the Judging Criteria: the Participant whose Finalist Entry is judged to have the first ordinal ranking will be the winner (together with the Participant's chosen charitable organization) of the Grand Prize, subject to verification; Participants whose Finalist Entries are judged to have the second and third ordinal rankings will each be a winner (together with the Participants' chosen charitable organizations) of a First Prize, subject to verification; Participants whose Finalist Entries are judged to have the fourth, fifth and sixth ordinal rankings will each be a winner (together with the Participants' chosen charitable organizations) of a Second Prize, subject to verification; and Participants whose Finalist Entries are judged to have the seventh, eighth, ninth, tenth and eleventh ordinal rankings will each be a winner (together with the Participants' chosen charitable organizations) of a Third Prize, subject to verification. Potentially winning Participants (together with the Participants' chosen charitable organization, based on contact information provided by Participants) will be posted on the Site and so notified via e-mail on or about December 22, 2006 (based on the Registration contact information provided and maintained by Participants on the Site), subject to verification and acceptance (including required winner documentation) as specified in these Rules. Please Note: A Participant/charitable organization is eligible to win and be awarded only one (1) Grand, 1st, 2nd or 3rd Contest Prize. In the event a potential Contest Prize winner cannot be reasonably notified, verified or confirmed based on two (2) attempts (and further attempts at Sponsor's sole discretion), a Contest Prize is declined (by either a winning Participant or his/her chosen charitable organization) or a potential winner is not in compliance with these Rules or eligible for award of a Contest Prize for whatever reason, at Sponsor's discretion, an alternate potential Contest Prize winner will be chosen based on the next highest ordinal ranking from the Finalist Round of Judging, in accordance with these Rules. 3. JUDGING CRITERIA; CONTEST PRIZES A. JUDGING CRITERIA. Eligible Validated Contest Entries will be judged in the Semi-Finalist and Finalist Rounds of Judging based equally on the following criteria:
B. CONTEST PRIZES. 1. Grand Prize (One): Participant receives:
Participant may, in his/her sole discretion at without further compensation from Sponsor, participate in the implementation and related publicity of the Charity solution subject of the Grand Prize winning Entry. Charity receives: Up to US$50,000 in a combination of hardware, software and Microsoft Consulting Services support (determined in Sponsor's reasonable discretion, in consultation with the Charity and based on the Entry), minimally including the following:
Total ARV of Grand Prize (combined Participant and Charity elements) is up to US$62,956 2. First (1st) Prize (Two): Participants receive:
Participant may, in his/her sole discretion at without further compensation from Sponsor, participate in the implementation and related publicity of a Charity solution subject of a First Prize winning Entry. Charities Receive: Up to US$25,000 in a combination of hardware, software and Microsoft Consulting Services support (determined in Sponsor's reasonable discretion, in consultation with the Charity and based on the Entry), minimally including the following:
Total ARV of a First Prize (combined Participant and Charity elements) is up to US$32,527 and of both First Prizes combined is up to US$65,054. 3. Second (2nd) Prize (Three): Participants receive:
Charities Receive: Up to US$5,000 in a combination of hardware, software and Microsoft Consulting Services support (determined in Sponsor's reasonable discretion, in consultation with the Charity and based on the Entry), minimally including the following:
Total ARV of a Second Prize (combined Participant and Charity elements) is up to US$6,527 and of all three Second Prizes combined is up to US$19,581. 4. Third (3rd) Prize (Five): Participants receive:
Charities Receive: Up to US$2,000 in a combination of hardware, software and Microsoft Consulting Services support (determined in Sponsor's reasonable discretion, in consultation with the Charity and based on the Entry), minimally including the following:
Total ARV of a Third Prize (combined Participant and Charity elements) is up to US$3,427 and of all five Third Prizes combined is up to US$17,135. C. ADDITIONAL CONTEST PRIZE-RELATED TERMS AND CONDITIONS. Upon notification and ordinary course verification, Contest Grand, 1st, 2nd and 3rd Prizes will be delivered (specific payout and delivery method at Sponsor's sole discretion) to a winner 6-8 weeks from completion of the verification and acceptance process (e.g., verified and accepted Contest Prize winners), or as soon thereafter as is practical in regards to portions of Contest prizes awarded to charitable organizations. Return of Contest Prize or failure of Contest Prize delivery will result in disqualification and, an alternative potential winner will be designated and verified in accordance with these Rules. Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Any costs or expenses associated with the acceptance and use of a Contest Prize not explicitly stated in these Rules as Sponsor's responsibility are the sole responsibility of the Contest Prize winners. All Contest Prize details are at Sponsor's sole discretion. A Contest Prize winner may make no substitutions or assignment of a Contest Prize other than as specified in these Rules. Contest Prizes will be awarded to individual winning Participants and should be retained by such individuals only in conformity with any applicable policies of their employers or principals, regarding participation in and receipt of promotional consideration relating to the Contest and receipt and retention of Contest Prizes. If an employer's/principal's policies are applicable, it is the employer's/principal's sole and ultimate responsibility, in consultation with Participant, to determine how and if any Contest Prize will be retained and/or distributed and accounted for and Released Parties assume no responsibility for the decisions made by such employers/principals regarding this issue, other than discretion specifically reserved to Sponsor and the Contest Administrator in these Rules. Sponsor reserves the right to substitute specific inclusions of Contest Prizes for alternative, reasonably comparable inclusions of equal or greater value. 4. GENERAL CONTEST TERMS AND CONDITIONS. A. Entries; Verification/Audit; Participant Cooperation. All activity arising out of and relating to the Contest is subject to verification and/or auditing for compliance with the Rules, the Terms of Use and Privacy Policy and Participants agree to reasonably cooperate with Sponsor and the Contest Administration concerning verification and/or auditing. In the event that Contest verification activity or an audit evidences non-compliance with the Rules or official Contest communications, as determined in Sponsor's reasonable discretion, a Participant's or chosen charitable organization's continuing participation in any aspect of the Contest may be suspended or terminated. No responsibility is assumed for information not received from Participants, inaccurate information or corrupted files, whether caused by any of the equipment, computers, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, air or ground traffic congestion, or unauthorized human intervention or by any human, mechanical or computer error or failure which may occur in the processing or storing of information. B. Rules Amendment and Interpretation. The Contest and its continuing terms and conditions, benefits and participation are offered to Participants (and their chosen charitable organizations) at the sole discretion of Sponsor and its affiliated companies. Sponsor reserves the right to amend or interpret the Rules or official Contest communications and any element or elements arising under or relating to the Contest at any time, upon published notice to Participants on the Site (www.developwithoutborders.com) and, at Sponsor's sole discretion, other potential official Contest communication methods reasonably calculated to reach a majority of potential participants and existing Participants. A Participant (and their chosen charitable organizations) shall be deemed to have notice of any such amendments or interpretations upon publication of the same on the Site and shall be deemed to have accepted such amendments or interpretations by virtue of a Participant's continuing participation in the Contest. Should a Participant/charitable organizations not wish to continue to participate in the Contest pursuant to the prevailing Rules, as amended or interpreted, a Participant/charitable organization may terminate participation in the Contest upon written notice to Sponsor and/or Contest Administrator. C. Rule Compliance Interpretation; Adjudication and Remedial Process. Sponsor reserves the right to make all decisions, in its discretion, arising out of or relating to instances of suspected abuse, fraud, error or anomalies in the operation of the Contest, including the Site, or any other interpretation, activity or suspected violation relating to the Contest, the Rules, the Terms of Use, the Privacy Statement or official Contest communications and such decisions by Sponsor are final and binding. Aggrieved Participants/charitable organizations further agree, prior to resort to formal dispute resolution specified below, to submit to Sponsor via certified mail (Microsoft Office 2007 Develop Without Borders Contest Administration, c/o Gage, 10000 Highway Fifty Five, Minneapolis, Minnesota 55441 U.S.A.) for internal adjudication a written statement concerning and fully describing any grievance for expeditious review and formal response by Sponsor. The formal response and decision by Sponsor shall be final and binding on a Participant/charitable organization, absent clear and convincing evidence that Sponsor has acted in an arbitrary or capricious manner. Sponsor's decision of a particular matter with an individual Participant/charitable organization shall not bind Sponsor as to decisions or adjudications of similar future matters, if there is a rational basis for distinguishing the facts and circumstances of such matters. A Participant/charitable organization must first exhaust the internal adjudication process for grievances before proceeding to formal dispute resolution. The foregoing deference and evidentiary standards relating to Sponsor's decision-making shall apply in the below-described formal dispute resolution. Except where prohibited, Participants in the Contest (and their chosen charitable organizations, as condition of selection and acceptance of a Contest Prize) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any benefits received, or the administration of the Contest not resolved through internal adjudication shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the State of Washington, United States of America pursuant to the Rules of the American Arbitration Association, then effective, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest and in no event shall a Participant/charitable organization be entitled to receive attorneys' fees or other legal costs; and (3) under no circumstances will a Participant be permitted to obtain awards for and Participants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant(s), chosen charitable organizations and Sponsor and Contest Administrator in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of Washington, without regard for conflicts of law doctrine of any jurisdiction, and subject to resolution only in the City of Redmond, State of Washington, United States of America. By entry and participation in the Contest, Participants, including on behalf of their organizations/companies, agree that the City of Redmond, State of Washington, United State of America will be the exclusive forum for any formal dispute resolution. D. Warranties / Disclaimers. A Participant is solely responsible for the equipment and Internet access required to connect to the Site and/or participate in the Contest. Sponsor reserves the right to limit or restrict upon notice participation in the Contest to any person or organization at any time for any reason. MICROSOFT, GAGE, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES AND THEIR DISTRIBUTORS, ADVERTISING, PUBLIC RELATIONS, MEDIA, CONTEST AND JUDGING AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES OR CONDITIONS MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATING TO THE PRIZES. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR A PARTICIPANT'S/CHARITABLE ORGANIZATION'S USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF CONTEST PRIZES OR OTHER BENEFITS UNDER THE CONTEST TO PARTICIPANTS/CHARITABLE ORGANIZATIONS. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES OR CONDITIONS THAT THE CONTEST OR CONTEST WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. RELEASED PARTIES ASSUME NO RESPONSIBILITY FOR ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO A PARTICIPANT'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. FURTHER, BY PARTICIPATING IN THE CONTEST AND/OR ACCEPTING A CONTEST PRIZE, PARTICIPANTS AND CHARITABLE ORGANIZATIONS AGREE THAT RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY PARTICIPANT AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF A CONTEST PRIZE, PARTICIPATION IN ANY CONTEST PRIZE-RELATED ACTIVITY, RELEASED PARTIES' USE OF ANY TENDERED ENTRY OR PARTICIPATION IN THIS CONTEST. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Any attempted participation by Internet or email or any other means except as permitted by these Rules or official Contest communications is void. Released Parties will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible materials, entries, email or mail; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, Prize orders or other information, or the failure to capture any such information. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by printing errors, Site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest, and are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest Site or any communications means or for any other error of failure of any kind in connection with or relating to this Contest, whether caused by any human, typographical, printing, mechanical, computer or other means, including, without limitation, errors or failures which may occur in connection with the processing or storing of information, the administration of the Contest, the uploading, processing validating, posting and/or judging of entries, the announcement of the Contest Prizes or in any Contest-related materials. Released Parties are not responsible for injury or damage to Participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Site. Sponsor reserves the right, in its sole discretion, to reasonably suspend or cancel the Contest should any virus, bug and/or other cause corrupt the administration, security or proper operation of the Contest. In the event the Contest is cancelled, Sponsor may, at its sole discretion, determine the winners from among all eligible and non-suspect Validated Entries received for each category up to the time of such action using the judging procedure outlined above. E. Indemnification. Participants and their chosen charitable organizations (as a condition to award of a Contest Prize) agree to release, defend, indemnify and hold harmless Released Parties from and against, and accept all responsibility of any kind, including but not limited to financial, for any liability, claims, losses, damages or proceedings, including but not limited for death, (including reasonable attorneys' fees) relating to any actions taken by a Participant or chosen charitable organization, including preparation and submission of Entries, or anyone else using a Participant's e-mail or password or otherwise purporting to act on Participant's behalf in regard to the Contest (whether or not such use occurred with or without your permission). Participants and selected charitable organizations also agree to release, defend, indemnify and hold harmless the Released Parties from any and all liability, claims, losses, damages or proceedings, including but not limited for death (including reasonable attorneys' fees) relating to Prizes and any other matter in connection with a Participant's participation in the Contest. F. Participants' Affidavits, Contest Consent and Releases. As a condition to participation in the Contest and receipt of a Contest Prize, a winning Participate and an authorized agent from winning Participant's chosen Charity may, in Sponsor's sole discretion, be required to complete, sign and return an Affidavit of Eligibility and Liability Release and where lawful, a Publicity and Submission Release and License ("Publicity Release"), within fourteen (14) days of the date of winning status notification. A Publicity Release will include consent by a Prize winner/recipient and/or his or her employer/principal for Sponsor and those acting under their control to use a winner's name, picture, voice, likeness, and the name, description and solution comprising winner's entry and as implemented, worldwide in perpetuity, for the purposes of case study development and Contest-related advertising, promotion and publicity, and additionally including those specific purposes disclosed on the Site, without further compensation, notification or permission, unless prohibited by law, including featuring Grand Prize Participant winner in the Microsoft Office Noir Episode III, an animated promotional vignette presenting the features of Microsoft Office 2007. Participant and Charity Contest Prize winners agree to reasonably cooperate with Sponsor for such purposes. Permission is specifically granted for Sponsor and its designees to promote winning Entries, Participants and Charities in perpetuity in any medium now or hereafter known it may see fit including, but not limited to, website, television, radio and/or printed materials. In addition, winning foreign Participants and Charities may additionally be required to complete applicable U.S. tax withholding-related documentation and provide proof of foreign status, as beneficiaries of U.S.-sourced promotional consideration. Without limitation, if the foregoing documents are not executed by the prescribed persons noted therein and returned timely, or if notification is returned as non-deliverable, or if a Participant is found to be ineligible or otherwise not in compliance with these Rules, a Contest Prize may be forfeited at the sole discretion of Sponsor. Contest Prizes won by eligible minors in their state, province or country of residence shall be awarded to eligible minor's parent or legal guardian who must sign and return all required documentation and otherwise fulfill all requirements imposed on winners set forth herein. Participants and Charities acknowledge and agree that the Sponsor may obtain many applications and submissions under this Contest and that such applications and submissions may be similar to others submitted under this Contest and/or other contests staged and/or sponsored by the Sponsor or Administrator or developed by Sponsor on its own, and Participants hereby waive any and all claims it/they may have had, may have, and/or may have in the future, that any application or submission or other works used by the Sponsor (or its designees) may be similar to Participants' application or submission. G. Tax Consequences. Participation and receipt of benefits from the Contest may have tax consequences in certain instances. Sponsor encourages Participants and their chosen charitable organizations to speak with their tax advisors prior to participation and receipt and acceptance of Contest Prizes to prevent any undesired results. Should there be any local tax liability for participation in the Contest or the receipt of a Contest Prize, or costs or expenses relating to participation in the Contest not specifically assumed by Sponsor or for the use and enjoyment of any Contest Prizes, or for any other reason, such taxes and/or expenses are the sole responsibility of the winning Participant and chosen charitable organization. Sponsor may issue Contest-related tax reporting, as may be required by applicable laws and regulations, and as a condition to participation in the Contest and receipt and use of any Contest Prize, Participants agree to self-report to applicable local taxing authorities, as may be required by local laws. H. Copyright Notice. Subject to the Terms of Use posted on the Site, nothing on the Site or on any other Sponsor website, or Participant's use of the services or products related hereto, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Sponsor, its subsidiaries or affiliates or any third party, whether by estoppels, implication or otherwise. Sponsor and/or its agents shall be licensed by Participants to evaluate all Contest-related submissions for purposes of the Contest, including verification and judging and as specified in the Rules. The software and programming code and media relating to the Site and Contest-related communication is protected by the laws of copyright, trademark, patent, unfair competition and other proprietary laws. I. Winners List. For the names of the Contest Prize winners, send a separate stamped, self-addressed #10 envelope for receipt by October 1, 2006 to: The Microsoft Develop Without Borders Contest Administration, c/o Gage, 10000 Highway Fifty Five, Minneapolis, Minnesota 55441 USA. In addition, Contest Prize winners will be posted on the Site on or about December 22, 2006. K. Contest Sponsor and Administrator. The Contest is sponsored by Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052 U.S.A. The Administrator of this Contest is Gage Marketing Group, LLC, 10000 Highway Fifty Five, Minneapolis, Minnesota 55441 U.S.A. General Contest-related inquiries or questions may additionally be sent to (admin@developwithoutborders.com). |
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