Legal materials – Contest Terms & Conditions

Powerful Moments | Customer Success Story Challenge
OFFICIAL TERMS & CONDITIONS

  1. RULES
    These are the official terms and conditions (the "Terms and Conditions") that govern how the "Powerful Moments" promotion will operate. This promotion will be simply referred to as the "Contest" throughout the rest of these Terms and Conditions. In these Terms and Conditions, "Microsoft", "we", "our", and "us" refer to Microsoft Ireland Operations Limited. "You", "yourself" refers to an eligible Contest entrant, representing your Company. The "Promoter” is One Microsoft Place, South County Business Park. Leopardstown, Dublin 18, Ireland. “Territory” shall mean: UK, IE, DE, CH, AT, FR, BE, LUX, NL, ES, US, CA.

  2. ELIGIBILITY
    Subject to the requirements set forth in Section 6 below, the Contest is open to any Bing Ads direct advertiser, agency, reseller and/or tool provider who has received an individual email invite to join the Contest. Employees of Microsoft (which includes, without limitation, its directors, executive officers, agents and consultants) or its affiliates and subsidiaries are not eligible to take part, nor are members of these employees’ families (defined as parents, children, siblings, and spouse and life partners). Government customers are not eligible. You are also not eligible if you were or are involved in any part of the administration or execution of this Contest. Please note that this Contest is void outside of the Territory and wherever else prohibited by law. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence). If a winner is found to be ineligible, the Promoter reserves the right to award the relevant prize to another entrant and to require the return of any prize already awarded.

    PLEASE NOTE:  It is your and your company’s sole responsibility to comply with your company’s gift policies. If your participation violates your company’s policies, you may be disqualified. Microsoft disclaims all liability and will not be party to any disputes or actions related to this matter. Microsoft is committed to complying with government gift and ethics rules and therefore government employees are not eligible.   

  3. ACCEPTANCE
    When entering this Contest, you will be requested to accept fully and unconditionally these Terms and Conditions and to agree to be bound by them. You also agree to abide by the terms and conditions of any third-party website or service where the Contest and (if winner/shortlisted) case study is hosted. 

  4. STATEMENT OF AGE
    By entering into this Contest, you are stating that the employees representing your company are duly authorised to participate and are 18 years of age or older (the "Required Age") at the time of entry and who has not been judicially impeded from acting on their own. Proof of age, identity, employer and employer’s authorisation may be required and requested to these employees to participate in the Contest.

  5. ENTRY PERIOD
    This Contest runs from 1 October 2018 and closes on 30 November 2018 inclusive (the “Entry Period”). Entries received outside of the Entry Period will not be considered.

  6. TO ENTER
(a) ENTRY REQUIREMENTS
To enter this Contest, your company must:
  • be a Bing Ads direct advertiser, agency, reseller and/or tool provider
Entrants that satisfy the entry requirements above will be eligible to enter this Contest. Entries submitted by any other means will not be accepted. The use of script, macro or any automated devices to enter this Contest is prohibited. The Promoter is not responsible for lost, corrupted, illegible or delayed entries or for network, computer, hardware or software failures of any kind over which it has no control which may restrict or delay the sending or receipt of your entry.

(b) CONTEST DESCRIPTION
The Bing Ads “Powerful Moments” case study contest, runs through 31 January 2019 PST. This is an opportunity to get Microsoft to tell the world about your business and what sets you apart from the competitors.

Here's how it works:
•  
 Submit your story via the landing page (https://bingadspowerfulmoments.awardsplatform.com) by January 31, 2019 or via your Sales contact
•    We want to hear the challenges your organisation has faced in the industry, as well as the Bing Ads solutions used, and the results you've achieved. If your organisation is making a difference in your community or business with a commitment to diversity, inclusion or philanthropy, we want to hear that too. 
•    Once registered, you’ll get a confirmation email to activate your account. You can make changes to your submission right up to the contest deadline. Once your submission is approved, it’ll be added to a live gallery for our judges and the world to explore as follows:  
               o    Register. Start your entry. 
               o    Submit your entry by 31 January 2019.
               o    Your story is added to our online gallery. Stories will be judged by end of February 2019.

Judging criteria
All valid entries received during the Entry Period will be reviewed by the judging panel. This is a game of skill, and chance plays no part in determining the winners. Each entry will be individually judged based on the following criteria (“Judging Criteria”):
•    Effectiveness and level of innovation when using Bing Ads products and features. 
•    Level of involvement in community activities or activities to make your workplace more diverse and inclusive. Higher levels of involvement in such activities will be viewed favourably. 

(c) ENTRY LIMIT
Entrants may make a maximum of one (1) entry per company into the Contest. Further submissions will not be counted as entries. 

You warrant that your entry in the competition does not infringe the intellectual property rights of any third party. You agree to indemnify and to keep Microsoft and its associated agencies indemnified against any loss, costs (including legal costs), expenses or liability Microsoft and its associated agencies may suffer arising out of a breach by you of this clause.  

(d) DISQUALIFICATION
We will automatically disqualify any incomplete or illegible entry, any entries that we receive from you that are in excess of any entry limit described above, any entrant whose entry (in the reasonable belief of the Promoter) is not in accordance with these Terms and Conditions or any entrant who (in the reasonable belief of the Promoter) tampers with the entry process or is otherwise involved in any way in manipulating, interfering or tampering with this Contest or engages in any unsportsmanlike or dishonest conduct of any kind. Errors and omissions may be accepted at the Promoter's absolute discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

7.    USE OF YOUR ENTRY
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, worldwide, royalty-free, perpetual right and licence for the duration of the applicable rights to: (i) reproduce, copy, adapt your entry with all known or later developed means in connection with the promotion of this Contest in all media (now known or later developed) as defined below; (ii) use, review, assess, test and otherwise analyse your entry and all its content in connection with this Contest and (iii) feature your entry and all its content in connection with the promotion of this Contest in all media (now known or later developed) such as including but not limited to Internet (in particular on social networks pages or online community platforms or Xbox Live Dashboard), display, POS as well as on any kind of materials such as printed materials, posters, press advertisements, online materials as for instance web-banners and emails, audiovisual commercials;  
•    except in France and where prohibited by applicable law, hereby irrevocably and unconditionally waive in perpetuity any and all so-called “moral rights” or any similar right that you may have or hereinafter acquire in the entry and all its content, and to the extent that you cannot, you hereby consent to us doing or omitting to do any act that would otherwise infringe such “moral rights” or any such similar rights; 
•    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 Microsoft and other entrants may have developed or commissioned materials similar or identical to your submission; 
•    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. 
•    understand that you will not receive any compensation or credit for use of your entry, other than what is described in these Terms and Conditions. 

For Entrants from Germany: The rights you may have according to Sections 11 (2), 32, 32a and 36 of the German Copyright Law remain unaffected.

For Entrants from Australia: You consent to all uses of your entry by the Promoter, that would otherwise infringe your Moral Rights. For the purposes of this release, “Moral Rights” means each right defined as a moral right in Part IX of the Copyright Act 1968 (Cth), and any similar rights capable of protection under the laws of any foreign jurisdiction.

Please note that following the end of this Contest your entry may be posted on a website selected by us for viewing by visitors to that 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 Contest.  

8.    PRIZES
The provision of all prizes will be subject to Entrants [and the company] agreeing to Case Study and PR Agreement (below). 

•    Second runners-up: A 1-page written success story and other Bing goodies worth US$50.
•    First runners-up: A video success story, a 1-page written success story and Bing goodies worth US$50.
•    Grand prize winners: A trip of a lifetime to the 2019 Special Olympics World Games Opening- Ceremony in Abu Dhabi, plus a video success story

For the top 5 Grand prize winners selected by the jury, we agree to conduct a video case study on their business. Additionally, these top 5 winners also receive one seat for a person in their organisation to attend our Bing financed trip to Abu Dhabi from 12-15 March 2019 to the value of US$3500 which includes: 
  • Flights (standard economy from your nearest capital city)
  • 3-night stay at the 5-star Jumeirah at Etihad Towers
  • Pick an activity of your choice such as an exciting seaplane or speedboat trip
  • Attend the 2019 Special Olympics World Games Opening Ceremony
All prizes are as stated and are non-exchangeable. You may not exchange your prize for cash or any other merchandise or services. However, if for any reason an advertised prize is unavailable or if it is unlawful to supply the prize to you in terms of the laws of your country of residence, we reserve the right to substitute a prize of equal or greater value. 

All meals, beverages, extra activities, spending money and all other ancillary costs (including travel insurance) not expressly provided, as well as obtaining any of these, are the responsibility of the winner. In the event that the winner does not take an element of the prize at the time stipulated by Microsoft then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

You may not designate someone else as the winner. If you are unable or unwilling to accept your prize, we will award it to an alternate winner amongst the runners up referred to above.

If you accept a prize, you will be solely responsible for all applicable taxes related to accepting the prize, if any.
Unless otherwise noted, all prizes are subject to their supplier’s warranty and/or terms and conditions.  

Prizes will be delivered within [‘30’ working days] from the day that an email response to confirm delivery details is received by the winner(s), in accordance with the above. The Promoter is not responsible for any delays in the postal service.

9.    CONTACTING WINNERS
By taking part in this contest, you are agreeing to someone from Microsoft and/or our Microsoft approved vendors contacting you after the contest close with details on how to redeem your prize. Attempts to contact the winners will begin in early February 2019, using the email and/or phone details provided by you at time of entry. If an email is returned as undeliverable, the initial winning entrant may have to forfeit their prize and an alternative winner may be selected. Winners who are successfully contacted will be asked to respond to an email sent to them from goldengoosepromotions.com and/or a Bing Ads contact with prize redemption details. These emails will include a time to respond by. If the email is not responded to within the period listed on the winner notification messages, the winner may have to forfeit their prize. It is your responsibility to respond, as a winner. We will not enter into discussion beyond this point. Your data (the contact details you provide) will be kept to complete prize distribution, and then it will be deleted by both Microsoft and our Microsoft approved vendor.

10.    PUBLICITY AND WINNERS LIST
You hereby grant Microsoft Corporation and its affiliates the right to publish your company's name in online and offline worldwide media for this Contest if you are a winner. You may be also asked (and may decline) to participate in further publicity or advertising relating to the Contest without remuneration, which may include the use of your name for advertising and publicity purposes. Prize winners’ names will be available for a three months’ period from the day of winner selection by writing to the following address: Powerful Moments, EMEA Sales Enablement Case Study Contest, One Microsoft Place, South County Business Park. Leopardstown, Dublin 18, Ireland. 

11.    AMENDMENT
To the extent permitted by applicable law, the Promoter reserves the right to amend, modify, cancel or withdraw this Contest and to amend these Terms and Conditions at any time without notice. If cheating, 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 Contest, we reserve the right to cancel, change or suspend this Contest. 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 Contest, we reserve the right to select winners from among all eligible entries received before we had to cancel, change or suspend the Contest. If you attempt to compromise the integrity or the legitimate operation of this Contest by hacking or by cheating or committing fraud in ANY way, we may seek compensation from you for any losses that we incur as a result of your actions to the fullest extent permitted by law. Further, we may ban you from participating in any of our future Contests, so please play fairly.

12.    ODDS OF WINNING
Odds of winning depend on the number of entries received and the level of skill of each entrant. If there is a dispute regarding a potential winner, we will consider the potential winner to be the authorized account holder of the email address used to enter the Contest.

13.    LIABILITY
Microsoft cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Entrants in this Contest agree that Microsoft will have no liability whatsoever for (a) any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a prize, or from participation in this Contest or (b) technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit the entrant's ability to participate in the Contest. The foregoing shall apply in the event your data or your entry is not received or lost by the Promoter. Nothing in this clause shall limit the Promoter’s liability in respect of death or personal injury arising out of its own negligence or arising out of fraud. The provisions of this section shall apply to the maximum extent permitted by applicable law. Before the prize is awarded, winners will be required to sign a form to release the Promoter from, and indemnify the Promoter against, any and all liability arising from the use or participation in the prizes. 

If you are a resident of Australia, these terms and conditions do not, nor do they purport to, limit, exclude or modify any non-excludable statutory guarantees as provided under the Competition and Consumer Act 2010 (Cth), or any other warranties (whether express or implied) under any state or federal legislation which cannot be excluded.

14.    DATA
Any personal data relating to entrants will be used solely in accordance with current data protection legislation applicable in your country of residence and in the country where the data controller is located. Microsoft’s Privacy Statement located at https://privacy.microsoft.com/en-gb/privacystatement will apply to this Contest and to all information that we receive from your entry. 

Certain data relating to entrants must be provided in order to enter this Contest and redeem your prize. Refusal by entrants to provide such data shall mean that they cannot enter this Contest. The data will be temporary used by Microsoft Corporation and its affiliates and by any of its representatives or employees for the purposes of conducting this Contest, as set out in these Terms and Conditions. Entrants have the right to exercise their rights of access to, amendment to or deletion of their data and to oppose the processing of their data for marketing purposes by writing to: Powerful Moments, EMEA Sales Enablement Case Study Contest, One Microsoft Place, South County Business Park. Leopardstown, Dublin 18, Ireland.

15.    OTHER
No correspondence will be entered into regarding either this Contest or these Terms and Conditions. In the event of a dispute, the Promoter’s decision shall be final in all respects on all entrants. 

If you are a resident of UK, the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

16.    GOVERNING LAW
These Terms and Conditions, the conduct of this Contest and the interpretation and enforcement of these Terms and Conditions shall be governed and construed exclusively in accordance with the laws of the entrant’s country of residence. Nothing herein shall deprive you of any more favourable terms that could apply to you under the laws of your country of residence. 

17.    INQUIRIES/COMPLAINTS
Questions  related to the Contest can be made to EMEASalesEnablement@microsoft.com.
 
Case Study and PR Agreement

Microsoft Corporation and its affiliates (collectively, “Microsoft”) would like the opportunity to conduct a case study with your company (“Company”), describing Company’s use of Microsoft technologies.  To that end, Company agrees to participate with Microsoft, upon reasonable request from Microsoft, in the creation of a case study, press release and/or testimonial advertisement.  The purpose of this agreement (“Agreement”) is to lay out the terms under which Microsoft plans to use any such case study, press release or testimonial advertisement, and to give Microsoft permission to use Company’s name, logo and other identifying information contained within, in whole or in part, in sales and marketing activities relating to Microsoft technologies.  Nothing herein shall be construed as an obligation of Microsoft to create such case study, press release, or testimonial advertisement, nor to use the final case study, press release or testimonial advertisement in any manner.  In the event that Microsoft and Company agree to participate together in the creation of more than one case study, the terms of this Agreement shall apply to any and all case studies unless otherwise agreed to in writing by the parties.  The parties agree as follows:

1. Company agrees to participate in the preparation of, and consents to Microsoft’s publication of, a case study detailing Company’s use of Microsoft technologies.  The case study may include Company logos and non-confidential information, quotations from, and the names, images and comments of, Company’s employees and other related references.  The following terms will apply to the case study:
a. Microsoft may interview, tape, videotape and record Company’s employees/contractors for the case study.  Company represents that it will obtain sufficient permissions from its employees/contractors to grant the rights described in this Agreement.
b. Microsoft may display Company’s name and the logo provided by Company as Schedule 1 to this Agreement in the case study, as agreed to by Company or as allowable by law as referential use.
c. Microsoft will obtain Company’s approval of the final content of the case study prior to its public release. Company shall review the final content for factual accuracy and to prevent the inadvertent release of any of the Company’s confidential information. Company will provide Microsoft with written comments concerning its review of the case study within ten (10) business days, or its contents will be deemed automatically approved.
d. Microsoft will own all copyrights to the case study and the Company will assign any copyrights to Microsoft. Microsoft grants Company a licence to use and distribute the case study for its own advertising and marketing efforts.  However, both parties agree to stop using the case study within 10 business days of receiving a written request from the other. 

2. Company agrees to participate with Microsoft in a press release referencing Company’s use of Microsoft technologies, subject to Company’s approval of the final content of such press release.

3. Company agrees to participate with Microsoft in a testimonial advertisement referencing Company’s use of Microsoft technologies, subject to Company’s approval of the final content of such testimonial advertisement. 

4. Microsoft will have the right to use, reference and display the approved final case study, press release and/or testimonial advertisement describing Company’s use of Microsoft technologies as follows: (i) by publication on Microsoft’s internal and public websites; (ii) by publication in printed and digital publications; (iii) in printed copies distributed to Microsoft employees and customers; (iv) in printed copies distributed at Microsoft sponsored or co-sponsored events; (v) in unedited excerpts included in speeches, slides, brochures and other marketing collateral materials (including, without limitation, Microsoft-created materials provided to third parties for their own marketing purposes); and (vi) as reference when communicating with analysts, the press and the general public.  Microsoft agrees that the content of the case study, press release and/or testimonial advertisement will not be altered without prior written consent from Company.  

5. Each party warrants that it has the legal authority to enter into this Agreement, and that no rights granted in this document violate the rights of any other person or entity.  Each party agrees to release the other party and its contractors, agents, and employees, from any claims relating to use of the material that the releasing party provides and which is included in the case study, press release or testimonial advertisement, so long as such use is in accordance with the rights granted under this Agreement.