NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE
YOUR CHANCE OF WINNING.
1. Eligibility and Term.
The Microsoft Dream-Build-Play 2010 Contest (the "Contest"), sponsored by
Microsoft Corporation ("Sponsor") and administered by Gage Marketing Group, LLC
("Administrator") is open for participation to individuals who are at least 16
years of age at the time of registration and have technical programming
education, experience and/or knowledge to create gaming functionality using XNA
Game Studio 3.1 (collectively, including meeting all Contest-related eligibility
requirements herein, "Participants). (PLEASE NOTE: The Game portion
of your Entry must be submitted in the XNA Game Studio 3.1 format.)
Employees and directors, together with members of their immediate families
(parent, child, sibling and spouse of each regardless of where they reside) and
those living in their same households (whether or not related), of Sponsor and
its subsidiaries and equity affiliates and any person supporting the Contest,
including the Administrator and Contest Entities and their parent, subsidiaries
and equity affiliates, and any advertising and promotion agencies of any of the
foregoing entities are ineligible to participate or be awarded and retain any
Contest prize. Residents of the Province
of Quebec, Canada, and the following countries are ineligible to participate:
Cuba;
Iran; North Korea; Sudan;
and Syria.
The Contest is void in these geographic locations and where prohibited or
restricted by law. By your participation, including registration, entry,
verification activities and redemption of any Contest prize, you agree these
full Official Rules ("Rules") will govern all aspects of your relationship with
the Contest and its official web site (www.dreambuildplay.com) ("Site") and
Sponsors, Administrator, Contest Entities and agents. These Rules cannot be
modified or superseded except by Sponsor, in its reasonable discretion, posted
on the Site. The Contest begins on December 8th, 2009 at 12:00:00 AM Central
Time ("CT") (all times in these Rules are stated in 'Central Time', which is
Greenwich Mean Time minus six (6) hours, e.g. CT = GMT - 06:00) and ends on
March 3rd, 2010, at 11:59:59 PM CT ("Contest Entry Term"). Contest consists of
two periods; Contest Registration and Submission Period.
|
Period
|
Start Time
|
End Time
|
|
Registration Period
|
December 8th, 2009 at 12:00AM (CT)
|
January 18th, 2010 at 11:59PM (CT)
|
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Submission Period
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January 19thth, 2010 at 12:00AM (CT)
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March 3rd, 2010 at 11:59PM (CT)
|
2. Participation in the Dream-Build-Play 2010 Contest
a. Registration.
If you wish to participate in this Contest, you must go to the Site
(www.dreambuildplay.com) and register for the Contest ("Contest Registration
Period"). At time of registration, you will be required to accurately and
truthfully provide all mandatory registration information specified on the Site
for participation, including agreement to the Official Rules, Privacy Statement
and Terms of Use (subject to confirmation or verification by Sponsor and/or
Administrator). Individuals eligible for participation in the Contest may
participate collectively as a "Team", which may include at least one (1), but
not more than six (6) additional individual Team members (e.g., up to a maximum
total of seven (7) members in a participating Team). The first member of a Team
to register will provide a Team name and be designated the Team "Captain".
Subsequently registering Team members must initially be confirmed (administered
via email consent by Team Captains) as able to join by the Team Captain prior to
being confirmed and registered as a Team member. Membership on Teams may
fluctuate within the parameters of these Official Rules until the close of the
Contest Registration Period, at which time the membership of registered Teams
are locked for purposes of the Contest Entry Period and continuing participating
in the Contest (subject to confirmation or verification by Sponsor and/or
Administrator). Each Team is solely responsible for its own collaboration and
cooperation with respect to Contest participation. In no event will Sponsor
officiate in any dispute regarding the activities and participation of Team
members.
b. Get the Game Development Tools & Resources
i. System Requirements. In order to participate in this Contest, you must
meet the following system requirements.
- Access to the free XNA Game Studio 3.1 software
- Access to an XNA Creators Club membership
- Each
eligible Participant can obtain a free 12-month XNA Creators Club trial
membership by registering for Dream-Build-Play 2008 as instructed (See Site for
full Offer Terms and Conditions).
- Access to a personal computer with at minimum of Windows
XP SP2 or a later version operating system
ii. Recommended. It is recommended, but not required,
that each Team has access to the following:
- XNA
Developer Center
- Access to an Xbox 360 console (for test)
- XNA Creators Club Forums
c. Create an Entry
An Entry consists of the following three (3) elements submitted within the
Contest Submission Period by an eligible and registered participant: Game, Game
Synopsis, Game Video (including the descriptions and attributes of each element
specified in these rules, collectively, an "Entry".)
1. Game
Using the Game Development Tools & Resources identified above, develop a
playable video game application ("Game") for operation on the Xbox 360 platform.
The final version of the Game you submit must be playable by the judging panel
on an Xbox 360 console, using basic controllers, as specified in the XNA Game
Studio 3.1 Toolkit, and as specified in these Rules. For code to run on the Xbox
360 console it must be developed in C# and based on the XNA Game Studio 3.1
framework. Native .dll wrapped in managed code will not work on the Xbox 360
console.
2. Game Synopsis
Create a Game Synopsis that includes each of the following elements: (a) a
"Name" for your Game (up to a maximum of 50 characters); and (b) A "Game
Description" of up to a maximum of 10,000 characters. If pre-existing source
code is incorporated into the Game, then this pre-existing source code must be
clearly identified in the Game Description and must not infringe on any third
party rights, and must be used in accordance with all applicable licensing and
use terms; and (c) Three (3) screenshot images of the Game, which must be
in .jpeg format, capture the play and style of the Game as accurately as
possible and contain no unfinished artwork or graphical artifacts. Each
screenshot cannot exceed a maximum file size of 2MB ("Screenshots").
3. Game Video
Create a video that depicts the Game's functionality and gameplay and upload it
to a publicly accessible, non-password protected Website.
To be eligible for judging, the Entry must meet the following
content/technical requirements: (i) be originally developed, or, to the extent
that pre-existing source code is incorporated into the Game, contain only source
code that does not infringe on any third party rights, that conforms to all
applicable licensing and use terms, and that is clearly identified in the Game
Description (submitted as part of the Game Synopsis) as coming from another
source; (ii) be written in English; (iii) conform to all applicable licensing
and use terms (iv) not contain any third-party promotion marketing or
advertising in any form or of any kind (with the exception of the Proctor
& Gamble intellectual property assets provided in the Old Spice category)
; (v) 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; or (vi) not infringe on any third party rights
or otherwise violate or be prohibited by applicable law or regulation; and
(vii) not include a Game that has been awarded an Xbox LIVE publishing
agreement, or a Game that prior to being submitted in this Contest was / is
actively under consideration by Microsoft for an Xbox LIVE publishing agreement,
or any Game that has won a prize in previous DREAM.BUILD.PLAY Contest.
Game Video is subject to the terms of use mandated by the website where
hosted.
Entries may NOT contain, as determined by us, in our sole and absolute
discretion, any content that:
i. is sexually
explicit, unnecessarily violent or derogatory of any ethnic, racial, gender,
religious, professional or age group; profane or pornographic;
ii. promotes
alcohol, illegal drugs, tobacco (or the use of any of the foregoing) or a
particular political agenda;
iii. defames,
misrepresents or contains disparaging remarks about other people or companies;
iv. contains
trademarks, logos, or trade dress (such as distinctive without express written
consent of the rights holder(s) or a reasonably apparent lawful basis for your
use(s);
v. 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) either without express written consent of the
rights holder(s) or a reasonably apparent lawful basis for your use(s);
vi. contains
materials embodying the names, likenesses, voices, or other indicia identifying
any person (other than a member of your family or community for whom you have
received consent) including, without limitation, celebrities and/or other public
or private figures, living or dead either without express written consent of the
rights holder(s) or a reasonably apparent lawful basis for your use(s);
vii. contains
look-alikes of celebrities or other public or private figures, living or dead
either without express written consent of the rights holder(s) or a reasonably
apparent lawful basis for your use(s);
viii.
communicates messages or images inconsistent with the positive images and/or
good will to which we wish to associate; and/or violates any law;
ix. packaging
or building exteriors/interiors) owned by others either
We reserve the right to investigate and verify, conditionally reject, or
reject outright any tendered Entry, in our sole and absolute discretion, that we
in good faith determine may not, or does not, meet the above criteria or any
terms and conditions in these rules.
d. Submit Entry
Any time during the Submission Period ("Contest Submission
Period") an entry may be submitted. The submission process is as follows:
First, navigate to the Site (www.dreambuildplay.com), and select a contest
category; DREAM.BUILD.PLAY, or The Microsoft OLD SPICE® challenge or both. Then
submit in a single .zip file (maximum size 200MB) the following:
(1) The Game in .ccgame XNA Creators Club Package format (Note: please
verify the Game works prior to sending); and
(2) The "Game Synopsis."
Upon submitting and uploading the .zip file containing the Game and Game
Synopsis, complete an official Contest submission. The official Contest
submission must contain a link to the Game Demo.
Each valid entry submitted during the entry period receives a 4-month XNA
Creators Club Premium membership. Membership will be awarded to the Team
Captain. Limit one premium membership per team or persons competing as an
individual, while supplies last. Offer is non-transferable, and not
redeemable for cash (See Site for full Offer Terms and Conditions).
Limit one (1) Entry per team or persons competing as an individual. The Entry
and all Entry-related information must be in English. Input and submission
of the Participant-specific and Contest--related registration and Entry
submission information (including all information designated as mandatory)
constitutes official tender by prospective Participant(s) for entry in the
Contest subject to continuing eligibility, participation, verification and
adherence to the Rules. Personally identifiable information submitted in
conjunction with an individual Participant's registration for the Contest must
match the information submitted at the time of Entry submission. Please
Note:
By entering the Contest, each Participant/Team warrants that
Participant's/Team's right to enter the Entry is not restricted in any way. In
the event an Entry includes elements not owned by Participant/Team, then
Participant/Team may be required to provide, if requested, a legal release for
use of such elements, in a form satisfactory to judges such that Sponsor may use
such elements, in whole or in part, and any modification thereof, in any and all
media now known or hereinafter developed without territorial, time or any other
limitation. In addition, if the Entry includes collaborative contributions from
multiple individuals, Participant/Team warrants that he/she has the right to
include such contributions in the Entry, in accordance with the terms and
conditions of these Rules and then Participant/Team may be required to provide,
if requested, a legal release for use of such elements, in a form satisfactory
to judges and such the Sponsor may use elements, in whole or in part, and any
modification thereof, in any and all media not known or hereinafter developed
without territorial, time or any other limitations. Should Sponsor or
Administrator become aware of any potential dispute between a Participant/Team
and/or any alleged collaborator that would impair the validity of an Entry for
purposes of this Contest, Sponsor reserves the right in its sole discretion to
exclude such Entry from the Contest. Participant/Team grants to each of
Microsoft (including Microsoft's other affiliates and subsidiaries, employees,
agents, and contractors), any testing partners, and the Administrator and
Contest judges an irrevocable, royalty free, fully paid up, worldwide,
non-exclusive license to use, review, assess, test and otherwise analyze its
Entry in connection with this Contest. By entering, Participant/Team is also
giving Microsoft permission to feature its Entry and any associated materials,
in any medium including, but not limited to, website, television, radio and/or
printed materials, to promote this Contest and Microsoft products.
Participant/Team understands and acknowledges that Microsoft may have developed
or commissioned materials similar or identical to the Participant/Team's Entry,
and Participant/Team waives any claims it may have resulting from any
similarities to the Participant / Team's entry. Participant/Team
understands that Microsoft cannot control the incoming information that will be
disclosed to its representatives in the course of entering, or what its
representatives will remember about each entry. Participant/Team also
understands that Microsoft will not restrict work assignments of representatives
who have had access to Contest entries. By entering this Contest,
Participant/Team agrees that use of information in Microsoft's representatives'
unaided memories in the development or deployment of Microsoft products or
services does not create liability for Microsoft under these Official Rules or
any copyright or trade secret law. Participant/Team understands that it
will not receive any compensation or credit for use of its entry, other than
what is described in these Official Rules.
3. Judging Criteria; Judging Process; Prizes.
a. Judging Criteria.
All eligible Entries received for the DREAM.BUILD.PLAY category will be judged
based on following three (3) criteria (with associated % weightings as noted):
(1) Fun Factor (40%): The fun factor will be evaluated based on how the Game
design creates a positive user experience. This may include how intellectually
challenging, relaxing, stimulating or satisfying the game is. A key indicator
for the fun factor will be the desire to keep playing; (2) Innovation (30%):
Game innovation will be evaluated based on how creative and technically unique
it is; and (3) Production Quality (30%): production quality will be evaluated
based on how seamless the overall game play is, the quality of the assets used,
User Interface design, and performance and stability of the game. Application of
the Judging Criteria to Entries shall be at the judges' reasonable discretion
and, as to matters of subjectivity, the judges' sole discretion. The judges'
decisions are final and binding in all matters relating to this Contest.
All eligible Entries received for the Microsoft OLD SPICE category
will be judged based on following three (3) criteria: (1) Fun Factor (25%): The
fun factor will be evaluated based on how the Game design creates a positive
user experience. This may include how intellectually challenging, relaxing,
stimulating or satisfying the game is. A key indicator for the fun factor will
be the desire to keep playing; (2) Brand Integration (50%): Brand integration
will be evaluated based on how creative and technically unique it is. How well
is the brand integrated into the storyline or gameplay experience; and (3)
Production Quality (25%): Production quality will be evaluated based on how
seamless the overall game play is, the quality of the assets used, User
Interface design, and performance and stability of the game. Application of the
Judging Criteria to Entries shall be at the judges' reasonable discretion and,
as to matters of subjectivity, the judges' sole discretion. The judges'
decisions are final and binding in all matters relating to this Contest. Note
for this track a People's Choice element of judging will be added where the
public's votes will be evaluated to help determine a winner.
b. Judging Process.
Eligible Entries in each category will be judged as follows:
DREAM.BUILD.PLAY:
After the close of the Entry Period, all eligible Entries received will be
reviewed, considered and evaluated by qualified judges, pursuant to the Judging
Criteria described above. Up to twenty (20) eligible Entries will be selected as
Contest Semi-Finalists and potential winners of the Semi-Finalist Prize, subject
to verification. In addition, four (4) of the twenty (20) Contest Semi-Finalists
will be selected as Contest Finalists and potential winners of a Finalist Prize,
subject to verification. Announcement of the Contest Finalists and Contest
Semi-Finalists will be posted on the Site on or about the week of May
3rdt, 2010.
Microsoft OLD SPICE CHALLENGE
After the close of the Submission Period, all eligible Entries received
will be reviewed, considered and evaluated by qualified judges, pursuant to the
Judging Criteria described above. By entering the Contest, each Participant/Team
acknowledges that Procter & Gamble ("P&G") hereby grants permission to incorporate
OLD SPICE® brand elements into their Entry, that P&G shall retain ownership of
all such brand elements and that P&G may revoke such permission at any time for
any reason including, without limitation, at any time after the Contest.
Up to five (5) eligible Entries will be
selected as Contest Finalists and potential winners of the Grand Prize. These
five (5) will then take part in the People's Choice portion of the voting
process subject to verification.
The Finalists' entries will be presented on the Xbox LIVE Games
Marketplace dash (the "Dash") for public voting beginning at approximately 12:01
AM PT on April 6th, 2010, and ends at approximately 11:59 PM PT on
April 26th, 2010 (the "Public Voting Term"). Throughout the Public Voting
Term, Xbox LIVE registered users, will have the opportunity to visit the Contest
Gallery and vote for their favorite Entry. The Entry receiving the
hightest number of votes within the Public Voting Term will be the Grand Prize
Winner.
Voting will be limited to five (5) votes per person. The use of any
automated voting process will be prohibited and Sponsor, in their sole
discretion, may void any suspect votes.
c. Prizes.
Finalist Prizes
Dream.Build.Play
If an eligible entry is selected as a Contest Finalist, the
following prizes will be awarded, subject to verification: (i) One (1) Grand
Prize: a $40,000 USD stipend (awarded pro rata to each Participant, in the case
of a valid Team entry); (ii) One (1) First Runner Up Prize: a $20,000 USD
stipend (awarded pro rata to each Participant, in the case of a valid Team
entry; (iii) One (1) Second Runner Up Prize: a $10,000 USD stipend (awarded pro
rata to each Participant, in the case of a valid Team entry); and (iv) One (1)
Third Runner Up Prize: a $5,000 USD stipend (awarded pro rata to each
Participant, in the case of a valid Team entry).
Microsoft OLD SPICE Challenge
If an eligible entry is selected as a Contest Finalist, the following prize will
be awarded, subject to verification: (i) One (1) Grand Prize: a $60,000 USD
stipend (awarded pro rata to each Participant, in the case of a valid Team
entry);
Please note that if an eligible entry is submitted to both tracks the
following prize can be awarded, subject to verification: (i) One (1) Combined
Grand Prize: a $100,000.00 USD stipend (awarded pro rata to each Participant, in
the case of a valid Team entry). This prize is a combination of the Grand Prizes
from both the Dream.Build.Play and Microsoft Old Spice Challenge tracks.
Semi-Finalist Prizes for Dream.Build.Play category
ONLY!
If an Entry is selected as a Contest Semi-Finalist, then, based on Sponsor's
good faith review and consideration of the Entry, Sponsor may invite the
Participant/Team associated with the Entry to enter into an Xbox LIVE® Arcade
Publishing Contract on terms and conditions specified by Sponsor. The invitation
to enter into an Xbox LIVE Arcade Publishing Contract is at Sponsor's sole and
unfettered discretion; no approximate retail value is assigned to such potential
invitation or Xbox LIVE Arcade Publishing Contract.
Total Approximate Retail Value of all Contest Finalist prizes is $135,000 USD.
All prize Finalists are 'potential' Finalists, subject to notification,
verification and acceptance of such prizes. If a potential Finalist is a minor
in his/her jurisdiction of residence, the prize may be awarded in the name of,
or to, the Finalist's parent/legal guardian, who must execute all documents and
agree to all obligations and undertakings of Finalist, both on behalf of
himself/herself and Finalist, or prize may be forfeited and awarded to an
alternate Finalist. Taxes, duties or other costs, if any, relating to receipt,
acceptance and or use of Finalist prizes are the sole responsibility of the
Participant and Microsoft is not responsible for any disputes arising between
Team members regarding prize dispersal. Potential Finalists will be notified by
sending a message to the e-mail address, the phone number, or mailing address
(if any) provided at time of registration within seven (7) days following
completion of judging. If the notification that is returned as undeliverable, or
potential Finalist is otherwise unreachable for any reason, Sponsor may award to
a runner-up. If there is a dispute as to who is the potential Finalist, Sponsor
will consider the potential Finalist to be the authorized account holder of the
e-mail address used to enter the Contest. Potential Finalists (or the Finalist's
parent/legal guardian) may be required 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 the potential Finalist does not complete the required
forms as instructed and/or return the required forms within the time period
listed on the winner notification message, Sponsor may disqualify the potential
Finalist and select a runner-up.
The Sponsors reserve the right in their sole discretion to substitute
an alternative prize or element of a prize of equal or greater value due to
unavailability or inability to deliver such prize or prize element. All Contest
prize consideration will be awarded solely to the officially registered
Participants, or to their parents or legal guardians, if the officially
registered Participant is a minor in his/her jurisdiction of residence Sponsor
accepts no responsibility or liability for disputes, if any, that may arise
between officially registered Participants, including regarding teammate issues,
relating to participation in the Contest and award/distribution of Contest
prizes. In the event a potential Finalist 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 or a potential
Finalist or an Entry is determined not to be eligible for Contest participation
or award of a Contest prize for whatever reason, an alternate Finalist may be
chosen based on the Judging Criteria in accordance with these Rules.
4. General Terms and Conditions.
a. Internet Usage Advisory.
A Participant is solely responsible for the equipment and Internet access
required to connect to the Site and/or otherwise participate in the Contest. 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 Interpretation and Contest Adjudication.
The Contest and its continuing terms and conditions, benefits and participation
are offered to Participants at the sole discretion of Sponsor and its affiliated
companies. Sponsor reserves the right to limit or restrict upon notice
participation in the Contest to any person at any time for any reason. 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.dreambuildplay.com). A Participant 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
not wish to continue to participate in the Contest pursuant to the prevailing
Rules, as amended or interpreted, a Participant may terminate participation in
the Contest upon notice to Sponsor and/or Administrator. Except where
prohibited, Participants in the Contest 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 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 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 Participants 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) 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 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. 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 States will be the exclusive forum for any formal
dispute resolution.
c. Disclaimers and Indemnification.
SPONSOR AND ADMINISTRATOR, 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, 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 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. RELEASED PARTIES OFFER NO
ASSURANCES, GUARANTEES, 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, A PARTICIPANT AGREES 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, USE OF ANY TENDERED ENTRY OR OTHER RIGHTS GRANTED HEREIN 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 beyond the control of Sponsor 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
Finalists from among all eligible and non-suspect Validated Entries received up
to the time of such action using the judging procedure outlined above.
Participants 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, including
submission of Game Descriptions, thumbnails and Games, 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). Participant also agrees 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 Contest Prizes and any other matter in
connection with a Participant's participation in the Contest or Sponsor's or its
designees.
5. Contest Sponsor and Administrator.
The Sponsor of this Contest is 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@dreambuildplay.com).