Microsoft Windows Phone Next App Star Contest Official Rules

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MICROSOFT WINDOWS PHONE NEXT APP STAR CONTEST OFFICIAL RULES COMMON TERMS USED IN THESE RULES: These are the official rules that govern how the Microsoft Windows Phone Next App Star Contest (“Contest”) will operate. In these rules, “we,” “our,” and “us” refer to Microsoft Corporation, the sponsor of this Contest. “You” refers to an eligible Contest entrant. CONTEST DESCRIPTION: The objective of this contest is to showcase Windows Phone 8 as a great platform for developing cool apps. For purposes of this Contest, each complete Windows Phone app you have published and available for Windows Phone 8 users as of 11:59 p.m. Pacific Time (PT) on March 5th will be called an "entry". Apps will be judged based on the criteria below and the top 64 winners will be placed in a head to head tournament style voting challenge to determine the ultimate champion of the Contest. Details on Contest prizes are set forth below. WHAT ARE THE START AND END DATES? This Contest starts at 12:01 a.m. PT on January 14, 2013, and ends at 11:59 p.m. PT on April 8, 2013 (“Promotion Period”) and will consist of the following periods: Submission Period: January 14, 2013 – March 5, 2013 Rating Period: March 6, 2013 – March 12, 2013 Public Voting Period: March 19, 2013 – April 8, 2013 To qualify for the Rating and Public Voting Period, all entries must be submitted by the end of the Submission Period. CAN I ENTER? You are eligible to enter this Contest if you meet the following requirements at time entry:  You are a student, hobbyist, or professional developer in the field of software technology with a valid Windows Phone Dev Center account*; and *If you create a new non-student Dev Center account after January 14, 2013 and you are a resident of Maryland or Vermont, you are not eligible to enter.  You are NOT a resident of any of the following countries: Cuba, Iran, North Korea, Sudan, and Syria. o PLEASE NOTE: U.S. export regulations prohibit the export of goods and services to Cuba, Iran, North Korea, Sudan and Syria. Therefore residents of these countries / regions are not eligible to participate.   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 Contest; 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 Contest. This Contest is void outside the geographic area described above and wherever else prohibited by law. HOW DO I ENTER? In order to participate in this Contest, you must do all of the following: 1. Login to Windows Phone Dev Center and opt in to the Contest via email by following the instructions found at www.windowsphone.com/nextappstar and clicking on the “Click Here to Register” banner. When you opt in to the Contest, each app in your app catalog will be considered an entry. If there are specific apps that you have previously published that you do not want to be considered as an entry, you must email [email protected] from the email account you use to sign in to the Windows Phone Dev Center. Include the phrase “Please do not include the following apps as part of the Windows Phone Next App Star competition:” and list the App ID of each app you do not want considered. 2. Continue to develop great apps as usual. Once your apps are created, submit each app for consideration into the Windows Phone Store. 3. Once an app is published, it will automatically be eligible for consideration into the Contest (in addition to those you’ve published previously unless otherwise excluded per #1 above). Please consider the time it takes for your app to be approved. All apps must be published and live on Windows Phone Store no later than 11:59 p.m. PT March 5, 2013 to qualify. NOTE: In order to submit an app into Windows Phone Store you must have a valid Windows Phone Dev Center account. If you do not already have a valid account, follow these steps to obtain one: 1. If you are a student you can join for no charge by signing up for DreamSpark (http://www.dreamspark.com). 2. If you are a member of BizSpark or MSDN at the Pro, Premium and Ultimate levels, your benefits include a free, one-time, 12-month Windows Phone Store account. For MSDN members, visit http://msdn.microsoft.com/en-us/subscriptions/dd364989.aspx for details. For BizSpark members, visit http://www.microsoft.com/bizspark/ for details. 3. Otherwise, you can sign up by visiting the Windows Phone Dev Center. While there is no limit to the number of apps you can submit in this Contest, each app you submit must be substantially unique and different. 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. WHAT CONSTITUTES AN ELIGIBLE ENTRY? To be eligible for judging an entry must meet the following content / technical requirements:    All apps must meet and comply with the app certification requirements for Windows Phone Store, which are listed at http://msdn.microsoft.com/enus/library/windowsphone/develop/hh184843(v=VS.105).aspx. Your app must conform to design guidelines for Windows Phone Store Apps By completing the registration and entry process, and providing your published app entry, you agree that your entry conforms to these Official Rules and that Sponsor, in its sole discretion, may remove your entry and disqualify you from the Contest if it believes that your entry fails to conform to the Official Rules. In addition:     your entry must be your own original work; and you must have obtained any and all consents, approvals or licenses required for you to submit your entry; and your app must not require app ratings, or reduce functionality for users who do not give your app a rating; 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. 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; is 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; communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or violates any law; The following types of apps are NOT ELIGIBLE for the Contest:     Windows Phone apps that were featured in a Microsoft television ad in 2012; Apps published by broadcast and cable network brands; Apps published by Microsoft Corporation or a subsidiary of Microsoft Corporation; Apps published by a mobile operator or device manufacturer. 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 Contest or the promotion of Apps for Windows Phone; and (ii) feature your entry and all content in connection with the marketing, sale, or promotion of this Contest or Windows Phone (including but not limited to internal and external sales meetings, conference presentations, tradeshows, and screen shots of the Contest entry in press releases) in all media (now known or later developed);   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 Contest, 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; and 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 Contest 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 or champion entry. If you do not want to grant us these rights to your entry, please do not enter this Contest. WINNER DETERMINATION AND PRIZES Winner determination will take place in two phases: Phase 1 – Rating Period Around the close of the Rating Period, all eligible apps will be reviewed according to the criteria below. Before review, all apps will be divided into two (2) categories: free and paid. At the close of the Rating Period, we will select thirty-two (32) free apps and thirty-two (32) paid apps to advance to Phase 2 (Public Voting), for an overall total of 64 winning apps. Only one app per developer can advance to Phase 2. 50% - Ratings Scores from the period beginning on March 6, 2013 and ending on March 12, 2013 50% - App Quality, as determined by Microsoft in its sole discretion Phase 1 Winning Prizes: Each winner who is chosen to move on to the Public Voting Period will receive:     One (1) Nokia Lumia 920 Windows Phone device*. Approximate Retail Value (ARV) $599.99 A one-year subscription to the Windows Phone Dev Center. Approximate Retail Value (ARV) $99.00 Featured promotion in the Windows Phone Store Exposure via online media *Wireless carrier and wireless service, including data plan, are not included in the prizes. Activation terms and conditions are at the sole discretion of the phone manufacturer and wireless carrier. Limit one (1) phone per person. Phase 2 – Public Voting Period The winning apps selected in Phase 1 will be paired off in 32 separate head to head matchups. The apps in each matchup will be displayed at www.windowsphone.com for viewing and voting. Visitors to the site will be invited to vote for their favorite entry in each matchup and are limited to one (1) vote per head to head battle per day. The entry in each matchup that receives the most votes will move forward to the next round of Public Voting, in which 16 pairs of apps will again compete in head to head matchups. From there, the eight entries that remain will continue to be featured in up to three more rounds of Public Voting, with the winning entries in each matchup advancing to the next round to ultimately determine one grand prize winner. The dates for Public Voting during each round are listed below: Round 1 Round 2 Round 3 Round 4 Round 5 Round 6 March 19th to March 22nd, 2013 March 23rd to March 25th, 2013 March 26th to March 29th, 2013 March 30th to April 1st , 2013 April 2nd to April 5th , 2013 April 6th to April 8th, 2013 Any attempt by any Contest participant or voter to obtain more than the stated number of votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations or logins, or any other methods, will void those votes for the participant’s entry and participant may be disqualified as determined by Sponsor in its sole discretion. In the event of a tie between any eligible entries, an additional judge will break the tie based on the “app quality” judging criteria described above. 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 the number of Contest Prizes described below. Grand Prize: In addition to receiving the prizes above, one grand prize winner will receive the opportunity to have their app featured in an upcoming Windows Phone prime time television commercial in the U.S.* *Exact details of the type of commercial and method of featuring the champion app will be communicated at time of winner notification. Use of the ad, creative direction, and all other elements of the commercial are at the sole discretion of Microsoft. Apps must remain eligible according to all of the requirements above after the contest has ended, and through the time of airing, in order to be featured. In addition to the Grand Prize and featured promotional activities for all winners, the total Approximate Retail Value (ARV) of prizes is $44,798.72 If you are a potential winner, we will notify you by sending a an email to the email address that you use to log in to Windows Phone Dev Center 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 runnerup. 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 Contest. 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 a potential 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 Contest:  You may not exchange your prize for cash or any other merchandise or services unless mutually agreed upon by Sponsor. However, if for any reason an advertised prize is unavailable (for example, if the Nokia Lumia 920 is not supported in your region), we reserve the right to substitute a cash prize or alternate item 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 Contest, 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 Contest 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 Contest, or any prize won; and That Microsoft’s decisions will be final and binding on all matters related to this Contest; and That, by accepting a prize, Microsoft may use your proper name and state of residence online and in print, or in any other media, in connection with this Contest, without payment or compensation to you, except where prohibited by law.   WHAT LAWS GOVERN THE WAY THIS CONTEST IS EXECUTED AND ADMINISTRATED? This Contest 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 Contest. WHAT IF SOMETHING UNEXPECTED HAPPENS AND THE CONTEST 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 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 damages from you to the fullest extent permitted by law. Further, we may ban you from participating in any of our future Contest, so please play fairly. HOW CAN I FIND OUT WHO WON? We will post the names of winners online at www.windowsphone.com/nextappstar. This list will remain posted one month after winner selection. WHO IS SPONSORING THIS CONTEST? Microsoft Corporation One Microsoft Way Redmond, WA 98052