THE WINDOWS LIVE SPACES GET REAL PHOTO CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW
By entering the Windows Live Spaces Get Real Contest (the Contest), you (or, if you have not reached the age of majority in your State/District of residence, your parent or legal guardian) agree to abide by these Official Rules and the decisions of the Microsoft Corporation (the Sponsor who may also be referred to below as Microsoft we, us or our), and the judges which shall be final and binding on all matters pertaining to this Contest.
1. CONTEST DESCRIPTION:
This is a skill-based Contest. The object of this Contest is to submit an original photograph for judging based on public community voting. For purpose of this Contest, the photograph you create and submit in the Contest will be called an entry. All eligible entries received will be determined by public community voting, and daily, weekly and overall winners will receive the prizes described below.
2. ELIGIBILITY:
You are eligible to enter this Contest if you are:
- a legal resident of the 50 United States, including the District of Columbia and
- an amateur photographer, NOT a professional photographer. (For the purposes of this Contest, a professional photographer is defined as someone who has generated at least 50% of their annual income from photography work at the time of entry) and
- at least eighteen (18) years old at the time of entry; and
- not employed by Microsoft, or any of our respective parent companies, affiliates, subsidiaries, participating vendors or advertising or promotion agencies, or anyone working directly on this program, product and promotion.
3. START AND END DATES:
The Contest begins at 12:01 AM Pacific Time (PT) on May 14, 2007 and ends at 11:59 PM PT on June 30, 2007 (Entry Period). Any entries received after the Entry Period will not be eligible for judging.
4. ENTRY REQUIREMENTS:
In order to be eligible for judging, an entry must meet the following requirements:
- Your photograph must be original, must have been created and owned exclusively by you.
- You must have permission from all recognizable persons featured in the photograph (or their parent / legal guardian if theyre a minor), as well as permission from the owner(s) if copyrighted or trademarked materials are visible in the image.
Entries
may not knowingly contain, as determined by us, in our sole and absolute discretion, any content that:
- is sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing) or a particular political agenda;
- is obscene or offensive;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others without their permission;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media) without their permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, (other than the member of your family or community for which you have received consent) including, without limitation, celebrities and/or other public or private figures, living or dead;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
We reserve the right to modify or reject any entry, in our sole and absolute discretion, that we determine does not meet the above criteria.
5. HOW TO SUBMIT YOUR ENTRY:
To enter, you must create a free Windows Live Space, and upload your photographs by following the directions on the Windows Live Space website. Once uploaded, visit the Contest website at
http://www.getrealphotocontest.com and follow the directions for submitting your Windows Live Space URL for entry.
You may only submit 15 unique entries per day. If you submit more than 15 unique entries per day, all subsequent entries will be disqualified.
To be considered unique each image must be substantially different than the others youve submitted. So by way of example, you cannot submit multiple images. of the same scene, with the same people and/or items in the images varying slightly. You must choose the best image in that series to submit and cannot submit additional images from the same series.
You may, however, submit multiple images of the same person or the same scene so long as they are unique. So by way example, you may submit multiple images of the same scene featuring different people in each. Or you may submit multiple images of the same person so long as they are in substantially unique scenes in each image.
Given the subjective nature of photography, Microsoft reserves the right to determine the uniqueness of entries, and their decisions are final and binding in all matters relating to the contest.
Lost, late, incomplete, inaccurate, stolen, misdirected, undelivered and/or garbled entries as well as entries generated by any script, macro or other automated means will be disqualified.
6. THE JUDGING OF ENTRIES:
Community voting: Website visitors (including entrants) will be invited to vote on their favorite photos each day. Visitors are limited to 1 vote per person per day. In addition, only 5 votes per day may be submitted by the same i.p. address each day. Visitors may not impersonate another person or commit fraud in attempting to cast multiple votes on a single day. Visitors may not use any any script, macro or other automated means to submit any votes. We reserve the right to void any votes that we feel were fraudulently submitted, or submitted in violation of the 1 vote per person and per i.p. address per day rule.
Contest winners will be determined based on the daily, weekly and overall tally of community voting by visitors to the Contest website.
Daily winners: For the daily winners, votes for each photo will be tabulated between 12:01 AM ET until 11:59 PM ET each day. Each day the vote count will be re-set to 0.
Weekly winners: For the weekly winners, votes for each photo will be tabulated between 12:01 AM ET on Sunday until 11:59 PM ET on the following Saturday, for each week during the Entry Period.
Grand Prize winners: For the overall Grand Prize winners, all votes received by each photo during the Entry Period will be tabulated to determine winners.
Prize Limits: Regardless of the number of votes your entry accumulates, you may only win1 daily, 1 weekly and 1 Grand Prize. In other words, you cannot win multiple daily or weekly prizes, but you can win 1 of each as well as the Grand Prize.
If you have already won a daily or weekly prize and your entry receives the highest number of votes in subsequent days or weeks, the next highest scoring entrant will be named the winner, assuming they have not previously won that prize. This process will be repeated until an eligible entry is selected each day and week. In the event of a tie between any eligible entries, the tie will be broken by a panel of judges from the Windows Live Spaces team, who will the judge the entries that are tied based on the following criteria:
50% Creativity
50% Originality
7. IMPORTANT INFORMATION ABOUT YOUR ENTRY: You (or, if a minor, your parent or legal guardian) warrant and represent that:
- your entry is your own original work; and
- it has not been awarded a prize in any other contest;
You waive any claim of infringement (including without limitation copyright, trademark, patent, trade name, trade secret, etc.) against the Promotion Parties (which is defined below) based upon their use of your entry.
In the event of any dispute regarding whether you submitted a particular entry, you must provide us with proof that you are the authorized account holder of the e-mail address associated with the entry in question.
When you submit your entry it becomes our property and it will not be returned. By submitting your entry, you (or, if you are a minor, your parent or legal guardian):
- Understand that you are granting us and our designees an irrevocable royalty-free, fully paid up worldwide right and license, in all media (now known or later developed) to: (i) use, review, assess, test and otherwise analyze your entry and all its content in connection with this Contest; and (ii) feature your entry and all its content in connection with the promotion of this Contest and Microsoft products and services.
- forever release the Promotion Parties from any and all claims you might have in connection with the use of your entry; and
- agree to sign any necessary documentation that may be required for us and our designees to make use of the rights you granted above.
- Understand and acknowledge that the Promotion Parties may have developed or commissioned materials similar or identical to your submission and you waive any claims you may have resulting from any similarities to your entry.
- Understand that Microsoft cannot control the incoming information you will disclose to our representatives in the course of entering, or what our representatives will remember about your entry. You also understand that Microsoft will not restrict work assignments of representatives who have had access to your entry. By entering this Contest, you agree that use of information in our representatives unaided memories in the development or deployment of Microsoft products or services does not create liability for Microsoft under this agreement or trade secret law. You will not receive any compensation or credit for use of your entry, other than what is described in these Official Rules.
- Other than what is set forth above, Microsoft is not claiming any license or ownership rights to your entry.
Please note that following the end of this Contest your entry may be posted on publicly accessible websites selected by us for viewing by visitors to that website. The Promotion Parties 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 (or, if you are a minor, your parent or legal guardian does) not want to grant us these rights to your entry, please do not enter this Contest.
8. WINNER NOTIFICATION:
If you are the winner
- you will notified by phone or by U.S. mail, overnight mail, or e-mail; and you may be required to sign and return an Affidavit of Eligibility/Liability/Publicity release, unless prohibited by law, within ten (10) days of date of prize notification.
- If you are a winner and you (i) do not reply to such notification or the notification is undeliverable, (ii) do not return the Affidavit of Eligibility/Liability/Publicity release completed and signed within ten (10) days of date of prize notification or if you (iii) are not otherwise in compliance with these Official Rules, you will be disqualified and, we may, at our discretion, notify a runner-up or, if a random drawing prize, randomly select an alternate winner from among all remaining eligible entries received for that monthly drawing.
- If you are a winner and accept the prize, you agree that we and our designees shall have the right to use your name, city and state of residence in any and all media now or hereafter known worldwide in perpetuity, without additional compensation, notification or permission, unless prohibited by law.
9. PRIZE:
(48) Daily prize: Digital Framez digital photo frame (Estimated Retail Value, ERV $109)
(7) Weekly prize: A Canon Powershot SD800 IS 7.1 digital camera (ERV $ 359)
(2) Grand prize: A Toshiba 42 HiDef LCD TV and Canon Powershot G7 digital camera (ERV $1, 700 )
If you are a winner:
- you may not exchange your prize for cash or other merchandise;
- you may not transfer your prize to someone else. If you do not wish to or cannot accept the prize, it will be forfeited and we may, at our discretion, award it to a runner-up. We may, however, award a prize of comparable or greater value, at our discretion;
- you are responsible for all federal, state, provincial and local taxes (including income and withholding taxes) as well as any other costs and expenses associated with accepting and/or using the prize that are not included above as being part of the prize award;
- you understand you are accepting the prize as is with no warranty or guarantee, either express or implied by us; and
- you understand that all prize details shall be determined by us.
10. LIMITATIONS OF LIABILITY:
The Promotion Parties are not responsible for any liability, cost or injury incurred by Participants arising out of or in connection with the Contest, including, without limitation, the following.
- lost, late, incomplete, inaccurate, stolen, fraudulent, misdirected, undelivered, interrupted, damaged, delayed or postage-due reports, entries, mail or other information;
- any incorrect or inaccurate information or error or defect of any kind regardless of who it is caused by, or the means by which it occurred; or
- equipment, software, network or systems that fail, have viruses or other problems, are breached or that cause injury or damage to participants or their property.
By entering this Contest, you agree to, and hereby release and hold harmless Microsoft, its parent company, affiliates, subsidiaries, and advertising or promotion agencies, and anyone working directly or indirectly on this program, product and promotion, and all of their respective officers, directors, employees and representatives (which for the purpose of these Official Rules will be referred to together as the Promotion Parties) from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Contest or acceptance and use of any prize.
11. GENERAL CONDITIONS:
This Contest is governed by Washington law. You agree that the jurisdiction and venue for the handling of any disputes or actions arising out of this Contest shall be in the courts of the State of Washington.
If, for any reason, the Contest is not capable of running as planned for any reason, including, without limitation, the reasons set forth above, we reserve the right at our sole discretion to cancel, terminate, modify or suspend the Contest. If a solution cannot be found to restore the integrity of the Contest, we may, at our sole discretion, determine the winners of this Contest using all non-suspect, eligible customer redemption reports and/or entries received (as applicable) before we had to cancel, terminate, modify or suspend the Contest.
We may disqualify you from participating in the Contest or winning a prize (and void your participation in the other promotions we may offer) if, in our sole discretion, we determine you are attempting to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass us, any other entrant or our representatives or if you are otherwise not in compliance with the terms of these Official Rules. CAUTION: ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL 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, WE RESERVE THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
12. WINNERS LIST:
Winners will be posted on the contest website.
13. SPONSOR:
This Contest is sponsored by Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052.
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