WINDOWS PHONE 7 STUDENT APP-A-THON
OFFICIAL TERMS & CONDITIONS

MICROSOFT WINDOWS PHONE 7 WINDOWS PHONE STUDENT APP-A-THON PROMOTION

OFFICIAL RULES

COMMON TERMS USED IN THESE RULES:

These are the official rules that govern how the Microsoft Windows Phone Student App-A-Thon promotion will operate ("Promotion"). In these rules, "we," "our," and "us" refer to Microsoft Corporation, the sponsor of this Promotion."You" refers to an eligible Promotion entrant.

PROMOTION DESCRIPTION:

The object of this Promotionis to create and publish Windows Phone 7 Applications. Each Application you successfully publish to the Windows Phone 7 Marketplace in the Promotion will be called an "entry."All eligible entries received will be judged using the criteria described below to determine the winners of the prizes described below.

WHAT ARE THE START AND END DATES?

This Promotion starts at 12:01 a.m. Pacific Time (PT) on July 1, 2011 and ends at 11:59 p.m. PT on September 30, 2011 ("Entry Period").

CAN I ENTER?

You are eligible to enter if you meet the following requirements at time entry:

You are a legal resident of the 50 United States and District of Columbia, and are 18 years of age or older.

If you are 18 of age or older, but are considered a minor in your place of residence, you should ask your parent's or legal guardian's permission prior to submitting an entry into this Promotion; and

 

·         You are currently enrolled in a U.S. College or University as a full or part-time student at the time of participation; and

·         You are NOT an employee of Microsoft Corporation or an employee of a Microsoft subsidiary; and

 

·         You are NOT involved in any part of the administration and execution of this Promotion; and

 

·         You are NOT an immediate family (parent, sibling, spouse, child) or household member of a Microsoft employee, an employee of a Microsoft subsidiary, or a person involved in any part of the administration and execution of this Promotion.

 

This Promotion is void outside the geographic area described above and wherever else prohibited by law.

 

HOW DO I ENTER?

 

 In order to participate, you must do all of the following:

 

1.       Register and obtain a free App Hub membership as a student at https://users.create.msdn.com/Register/. For more information on how to register as a student on the App Hub, visit https://www.dreamspark.com/Products/Product.aspx?ProductId=28

2.       Create a Windows Phone 7 application for submission, approval, and addition to the Windows Phone Marketplace during the dates listed above. Apps may be fee or free apps, at your option.

3.       Visit www.wpstudentapp.com and complete an Official entry form, including submission of your name, approved APP ID and App name.  

 

While there is no limit to the number of applications you can submit other than any limitations enforced within the Marketplace, each application you submit must be substantially unique and different and your entry cannot be something you've otherwise submitted prior to this promotion.

 

We are not responsible for entries that we do not receive for any reason, or for entries that we receive but are not decipherable for any reason.

 

We will automatically disqualify:

 

·         Any incomplete or illegible entry; and

·         Any entries that we receive from you that are in excess of the entry limit described above.

 

WHAT CONSTITUTES AN ELIGIBLE ENTRY?

To be eligible for judging an entry must meet the following content / technical requirements:

·         Your application must be coded and submitted as a Windows Phone Application.  Tools for Windows Phone 7 development which can be downloaded here include:

o   Visual Studio 2010 Express for Windows Phone

o   Windows Phone Development Tools

o   Express Blend for Windows Phone

o   Windows Phone 7 Emulator

·         In order to enter your application into the App Hub, you need to have an App Hub account.If you do not have one, you can go to App Hub to create your new account.  During the registration process, you will be asked to review and sign the following legal Terms of Use (collectively "App Hub Agreements"): App Hub Terms of Use, Xbox LIVE Terms of Use, Windows Phone Marketplace Application Provider Agreement (the "APA"), DreamSpark Addendum (if you are a student licensed under the DreamSpark program), Windows Phone Marketplace Certification Vendor Agreement, and App Hub Submission Agreement for Xbox 360.  Please review the App Hub Agreements before accepting.If you are not willing to be bound by the App Hub Agreements, please refrain from participating in this Promotion.

In addition:

 

·         your entry must be your own original work; and

·         your entry cannot have been previously submitted in a prior App-A-Thon; and

·         you must have obtained any and all consents, approvals or licenses required for you to submit your entry; and

·         your entry may not include any third party trademarks (logos, names) or copyrighted materials (music, images, video, recognizable people) unless you have obtained permission to use the materials. You may include Microsoft trademarks, logos, and designs, for which Microsoft grants you a limited license to use for the sole purposes of submitting an entry into this Promotion.

 

Entries may NOT 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;

·         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);

·         contains materials embodying the names, likenesses, voices, or other indicia identifying any person, (other than the member of your family or community for 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 reject any entry, in our sole and absolute discretion, that we determine does not meet the above criteria.

 

HOW WILL MY ENTRY BE POTENTIALLY USED?

 

Other than what is set forth below, we are not claiming any ownership rights to your entry.  However, by submitting your entry, you:

 

·         are granting us an irrevocable, royalty-free, worldwide right and license to: (i) use, review, assess, test and otherwise analyze your entry and all its content in connection with this Promotion; and (ii) feature your entry and all content in connection with the marketing, sale, or promotion of this Promotion (including but not limited to internal and external sales meetings, conference presentations, tradeshows, and screen shots of the Promotion entry in press releases) in all media (now known or later developed) in addition to the license granted under the APA;

 

·         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 Sponsor(s) 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 we 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 we will not restrict work assignments of representatives who have had access to your entry.By entering this Promotion, you agree that use of information in our representatives' unaided memories in the development or deployment of our products or services does not create liability for us under this agreement or copyright or trade secret law; 

 

·         understand that you will not receive any compensation or credit for use of your entry, other than what is described in these Official Rules

 

Please note that following the end of this Promotion your entry may be posted on a website selected by us for viewing by visitors to that website.  We 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 not want to grant us these rights to your entry, please do not enter this Promotion.

 

WINNER DETERMINATION AND PRIZES

 

There will be multiple ways to win prizes as follows:

 

1.       Throughout the Entry Period, the first 1,000 students to submit an entry will receive one (1) Xbox 360 game. Approximate Retail Value $50.00. Limit one (1) game per person, regardless of the number of apps you submit/publish during the promotion period.

2.       Each week as long as we have received at least ten (10) eligible entries cumulative for the promotion, we will randomly select two (2) winners from among all entries received thus far to win one of the prizes listed below. Limit one (1) weekly prize per person during the promotion period. [EP1] 

 

3.       On the close of the Entry Period, the top student with the most approved apps published to the marketplace will receive the following prize:

 

One (1) grand prize. A Windows Phone 7. Approximate Retail Value (ARV) $500.00

Limit one (1) grand prize per person.

 

The decisions of the judges are final and binding.  If we do not receive a sufficient number of entries meeting the entry requirements, we may, at our discretion, select fewer winners than described above. In the event of a tie between any eligible entries, an additional judge will break the tie based on the student who submitted the most applications first.

The total Approximate Retail Value (ARV) of all prizes: $51,000

 

If you are a potential winner, we will notify you by sending a message to the e-mail address, the phone number, or mailing address (if any) provided at time of entry within seven (7) days following completion of judging.If the notification that we send is returned as undeliverable, or you are otherwise unreachable for any reason, we may award to a runner-up.

If there is a dispute as to who is the potential winner, we will consider the potential winner to be the authorized account holder of the e-mail address used to enter the Promotion. If you are a potential winner, we may require you to sign an Affidavit of Eligibility, Liability/Publicity Release and a W-9 tax form or W-8 BEN tax form within 10 days of notification. If you are apotential winner and you are 18 or older, but are considered a minor in your place of legal residence, we may require your parent or legal guardian to sign all required forms on your behalf.If you do not complete the required forms as instructed and/or return the required forms within the time period listed on the winner notification message, we may disqualify you and select a runner-up.

 

If you are confirmed as a winner of this Promotion:

 

• You may not exchange your prize for cash or any other merchandise or services.However, if for any reason an advertised prize is unavailable, we reserve the right to substitute a prize of equal or greater value; and

 

• You may not designate someone else as the winner.  If you are unable or unwilling to accept your prize, we may award it to a runner up; and

 

• If you accept a prize, you will be solely responsible for all applicable taxes related to accepting the prize; and

 

• If you are otherwise eligible for this Promotion, but are considered a minor in your place of residence, we may award the prize to your parent/legal guardian on your behalf; and

 

• Unless otherwise noted, all prizes are subject to their manufacturer's warranty and / or terms and conditions. 

 

WHAT OTHER CONDITIONS AM I AGREEING TO BY ENTERING?

 

By entering this Promotion you agree:

·         To abide by these Official Rules; and

 

·         To release and hold harmless Microsoft and its respective parents, subsidiaries, affiliates, employees and agents from any and all liability or any injury, loss or damage of any kind arising from or in connection with this Promotion, or any prize won; and

 

·         That Microsoft's decisions will be final and binding on all matters related to this Promotion; and

 

·         That, by accepting a prize, Microsoft may use of your proper name and state of residence online and in print, or in any other media, in connection with this Promotion, without payment or compensation to you, except where prohibited by law.

 

WHAT LAWS GOVERN THE WAY THIS PROMOTION IS EXECUTED AND ADMINISTRATED?

This Promotion will be governed by the laws of the State of Washington, and you consent to the exclusive jurisdiction and venue of the courts of the State of Washington for any disputes arising out of this Promotion.

WHAT IF SOMETHING UNEXPECTED HAPPENS AND THE PROMOTION CAN'T RUN AS PLANNED

If someone cheats, or a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled, (also referred to as force majeure) affects the fairness and / or integrity of this Promotion, we reserve the right to cancel, change or suspend this Promotion. This right is reserved whether the event is due to human or technical error. If a solution cannot be found to restore the integrity of the Promotion, we reserve the right to select winners from among all eligible entries received before we had to cancel, change or suspend the Promotion.

If you attempt to compromise the integrity or the legitimate operation of this Promotion by hacking or by cheating or committing fraud in ANY way, we may seek damages from you to the fullest extent permitted by law.Further, we may ban you from participating in any of our future Promotion, so please play fairly.

 

HOW CAN I FIND OUT WHO WON?

If you send a self-addressed stamped envelope to the address below within 30 days of September 30, 2011 we will provide you with a list of winners that received a prize worth over $50.

Heated Details, Inc
Attn: Windows Phone Student App-A-Thon
911 Western Avenue, Suite 512
Seattle, WA 98104

WHO IS SPONSORING THIS PROMOTION?

Microsoft Corporation
One Microsoft Way
Redmond, WA 98052