Microsoft Wish Machine
Official Rules (AUS)
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Microsoft Wish Machine (the “Contest”) is open only to legal residents of Australia who are at least thirteen (13) years old at the time of entry. Entrants aged between 13 and 18 years old ("Minor") must have parental or legal guardian consent to enter, and will be required to provide proof of this consent and/or the parent or legal guardian to sign a release at the discretion of the Sponsor. Failure of an entrant’s parent or legal guardian to verify consent and/or sign a release under this clause 1 will invalidate all of the entrant’s entries. Employees of Microsoft Corporation and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor: Microsoft Pty Ltd., 1 Epping Road, North Ryde, NSW 2113, Australia. Administrator: HelloWorld, Inc., 3000 Town Center, Floor 21, Southfield, MI 48075, U.S.A.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on November 28, 2017, at 9:00 a.m. Australian Eastern Daylight Time ("AEDT"), ends on December 31, 2017, at 7:00 p.m. AEDT (the "Contest Period") and is open during the business hours of the Sydney Microsoft Store. Sponsor's computer is the official timekeeping device for the Contest.
5. How to Enter: During the Contest Period, eligible entrants must:
- Visit the Microsoft Store in Sydney;
- Find the Microsoft Surface Hub or Surface Studio (the “Microsoft Wish Machine”) and follow the directions to create a 30-second video recording where you describe your wish. Your wish may be for yourself, for a designated individual, or your community and should be something that is inspiring and powerful because of the meaning behind it, inherently generous, and considers the greater good of others over oneself, can be reasonably fulfilled by Sponsor, and aligns with Sponsor’s mission to help people realize their full potential and achieve more ("Wish"). To the extent that your video includes multiple “Wishes”, Sponsor will review and assess the first Wish that you describe as it determines in its sole discretion. Your video may include other individuals so long as you have their permission; the entrant will be deemed the individual whose personal information is included in the entry form;
- Complete your video recording and wait for the Microsoft Wish Machine to display a 4-digit alphanumeric code ("Entry Code"). An in-store Brand Ambassador will provide you with a Microsoft Surface device to register the video recording for consideration in the Contest. Enter the Entry Code from the Microsoft Wish Machine and your personal information within two (2) hours of creating the Video to complete the entry process. If you do not submit the Entry Code and personal information on the Microsoft Surface device within two (2) hours of creating the video recording, the video recording will not be retained or considered.
A. Video Content Guidelines and Restrictions: By completing the entry process, you agree that your video recording of your Wish submitted through the Microsoft Wish Machine at the Microsoft Store in Sydney (your “Submission”) conforms to the guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may disqualify you if Sponsor determines, in its sole discretion, that your Submission fails to conform.
- The Submission must not exceed 30 seconds;
- The Submission must be in English, and
- The Submission must contain a wish capable of being fulfilled within 23 months after the Contest Period
Permissions: Entrant must have permission from any individuals who intentionally appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Other than where the entrant is a Minor, Minors may only be included in the Submission if the entrant is the Minor’s parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Sponsor or any other person or party;
- The Submission must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, slanderous, or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
- The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
B. Limit: Each entrant may enter one (1) Submission for consideration during the Contest Period. If entrant’s Submission is rejected or disqualified for any reason, entrant may return to Microsoft Store to create and enter another Submission. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro, or other automated means are void. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address specified will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed, or misdirected Submissions, all of which will be void.
C. Sponsor's Use of Submissions: Completing the entry process constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish, communicate to the public, create derivative works from, and display the entrant's Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the nonexclusive rights entrant is granting to use the Submission. In addition, entrant consents to the Sponsor doing (or omitting to do) any acts in respect of the Submission, which may otherwise constitute an infringement of the entrant’s moral rights.
6. Winner Determination: A panel of judges determined by Sponsor in its sole discretion will score each qualified Submission based on the following criteria (“Judging Criteria”):
- Heartwarming – The Wish is inspiring, human, and powerful because of the nature, intent, and meaning behind the Wish (40%);
- Philanthropic -The Wish is inherently generous and considers the greater good of others over oneself (20%)
- Alignment - The Wish aligns to Sponsor’s mission to help people realize their full potential and achieve more (20%); and
- Time and budget bound and Ease of Fulfillment - The Wish is capable of being easily fulfilled within 2-3 months after the Contest Period and within a budget of AUD $3,800- $12,500 (20%).
The highest scoring Submission received from the start of the Contest Period to the end of each judging period set out below ("Judging Periods") will be awarded the applicable prize.
|Judging Period End Date and Time||Considered for the Following Prizes||Approximate Winner Notification Date|
|1. December 4, 2017, at 2:59 p.m. AEDT ("Judging Period 1")||One (1) Grand Prize Wish||December 7, 2017|
|2. December 12, 2017, at 2:59 p.m. AEDT ("Judging Period 2")||One (1) Minor Prize Wish||December 14, 2017|
|3. December 31, 2017, at 7:00 p.m. AEDT ("Judging Period 3")||One (1) Minor Prize Wish||January 4, 2018|
Nonwinning Submissions from one Judging Period will roll over to the next Judging Period. Accordingly, once submitted, a qualified Submission will be considered for all prizes that remain to be awarded.
In the event of a tie, the entrant whose Submission received the highest score for “Heartwarming – The wish is inspiring, human, and powerful because of the nature, intent, and meaning behind the wish,” as determined by the judges, in their sole discretion, will be deemed the applicable potential winner from among the tied entrants. Sponsor reserves the right to select fewer than three (3) winners if, in its sole discretion, it does not receive a sufficient number of qualified Submissions. The Sponsor's decision in all matters related to the Contest is final and binding.
7. Winner Requirements: Potential winners will be notified by email or phone on or around dates listed in the chart in Section 6. Each potential winner may be required to provide contact information for a designated recipient of their Wish (as determined by Sponsor) within two (2) days of the date winner is notified in order to claim the prize. If a potential winner or designated recipient is an individual under the age of 18 years, the prize will be awarded to the potential designated recipient's nominated parent or legal guardian on their behalf. Each potential winner or designated recipient (parent/legal guardian if recipient is under 18 years of age) of a prize will be required to sign and return a Declaration of Compliance, Liability Waiver, and, where not prohibited, a Publicity Release ("Declaration"), which must be received by Administrator within two (2) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner or designated recipient cannot be contacted, or fails to execute and return the Declaration or provide any other requested information, within the required time period, potential winner forfeits the prize and an alternative winner or designated recipient may be selected in Sponsor's absolute discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain unawarded.
8. Prizes: ONE (1) GRAND PRIZE: Sponsor will create a prize that is inspired by the “Wish” submitted by the Grand Prize winning entrant valued at approximately $12,500 AUD. Sponsor reserves the right in its absolute discretion to determine how and to whom the Grand Prize is awarded.
TWO (2) MINOR PRIZES: Sponsor will create a prize that is inspired by the “Wish” submitted by the winner from Judging Period 2 and Judging Period 3 valued at approximately $3,800 AUD. Sponsor reserves the right in its absolute discretion to determine how and to whom each Minor Prize is awarded.
Sponsor will determine content and details of the Grand Prize and Minor Prizes in its sole discretion. Sponsor is not obligated to include any particular element of any Wish in any prize package offered to a potential winner or designated recipient even if the element was specifically requested in the entrant’s Submission. Potential winners or designated recipient may accept or reject the prize offered; Sponsor will not offer additional or substitute elements of any prize package if a winner makes such a request. Prizes are nontransferable and not redeemable for cash. No substitution will be made except as provided herein at the Sponsor’s sole discretion. Recipients of wishes are responsible for all taxes and fees associated with prize receipt and/or use. Prizes will be fulfilled 2-3 months after the end of the Contest. Limit: One (1) prize per entrant.
9. Release: Except for claims or causes of action relating to Non-Excludable Guarantees (defined below) by receipt of any prize, each winner (or winner's parent or legal guardian if winner is a Minor) and/or prize recipient agrees to release and hold harmless the Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize, including any related travel.
10. Publicity: Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission, and/or prize information in connection with the Contest for promotional, advertising, or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission, or other consideration, except where prohibited by law.
11. General Conditions: Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process (including Submissions) or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: Except for liability relating to Non-Excludable Guarantees (defined below), Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software or power outage; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network, or human error which may occur in the administration of the Contest, the uploading, the processing, or judging of Submissions, the announcement of the prizes, or in any Contest-related materials; (5) late, lost, undeliverable, damaged, or stolen mail; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto); or (7) any tax liability incurred by a winner or designated recipient of a prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmission, or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission. These Official Rules 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 (“Non-Excludable Guarantees”).
13. Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts of New South Wales, Australia; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event legal fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New South Wales without giving effect to any choice of law or conflict of law rules (whether of the State of New South Wales or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New South Wales.
14. Entrant's Personal Information: Information collected from entrant will be used by Sponsor and Administrator to administer the Contest and is subject to Sponsor’s privacy notice available at: https://go.microsoft.com/fwlink/?LinkId=521839.
15. Winner List: For a winner list, visit http://bit.ly/2AXN7xn. The winner list will be posted after winner confirmation is complete.
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