These are the official rules that govern how the Microsoft Windows Marketplace for Mobile Application Contest promotion will operate ("Contest").
In these rules, "we," "our," and "us" refer to Microsoft Corporation, the sponsor of this Contest. "You" refers to an eligible Contest entrant.
This is a skill-based Contest. The object of this Contest is to create an application available in the Microsoft Windows Marketplace for Mobile online store ("Marketplace") that receives the highest number of downloads during the Download Period. For purposes of this Contest, each Windows Mobile Application you create and submit will be called an "entry." All eligible entries received will be judged separately using the criteria described below to determine the winners of the prizes described below.
This is Contest is hosted in the United States, and entry information is collected on computers in the United States. 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. If you do not agree with this provision and these Official Rules, please do not enter this Contest.
This Contest Entry Period* consists of a Submission Period during which applications are accepted in the Marketplace, and a Download Period during which entries are counted for the purpose of this Contest as follows:
Submission Period:
Begins at 12:01 a.m. Pacific Time (PT) on July 27, 2009, and ends at 11:59 p.m. PT on December 31, 2009 ("Submission Period").
Download Period:
Begins at 12:01 a.m. Pacific Time (PT) on the date that the Marketplace opens to the public and ends at 11:59 p.m. PT on December 31, 2009 ("Download Period").
You are eligible to enter this Contest if you meet the following requirements at time entry:
- You are an ISV or application developer residing in a country / region where Microsoft Marketplace for Mobile is available, and have met the criteria for the Marketplace application certification process and have agreed to the terms of the Marketplace; and
- You are NOT an employee of Microsoft Corporation or an employee of a Microsoft subsidiary; and
- You are NOT involved in any part of the administration and execution of this Contest; and
- You are NOT a resident of any of the following countries/jurisdictions: Cuba; Iran; North Korea; and Sudan;
- 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 within the geographic area described above and wherever else prohibited by law.
Entries will be divided into two categories; those that are free (FREE) to download from Marketplace and those that are available for purchase from Marketplace (PAID). To be eligible for judging an entry must meet the following content / technical requirements:
- Application must be built on the Windows Mobile Platform
- Application must include one or more phone capabilities (phone, contacts, accelerometer, sensors etc)
Application must meet the criteria for the application certification process and you must have agreed to the terms of the Marketplace
In addition:
- your entry must be your own original work; and
- your entry cannot have been selected as a winner in any other contest; and
- you must have obtained any and all consents, approvals or licenses required for you to submit your entry; and
- your entry must not otherwise violate the rights of any other person or company by using their trademarks, music, logos, names or images without their express written consent..
- Your entry must be in compliance with the Marketplace Application Submission Guidelines
We reserve the right to reject any entry, in our sole and absolute discretion, that we determine does not meet the above criteria. Use of any entries is described in Application Submission Guidelines.
In order to participate in this Contest, you must go to the Marketplace web site at http://developer.windowsphone.com and complete and submit your application, as instructed.
You may submit an unlimited number of applications, however, each must be substantially unique (in the sole discretion of the Sponsor) to qualify for this Contest.
We are not responsible for entries that we do not receive for any reason, or for entries that we receive but are not decipherable for any reason.
We will automatically disqualify:
- Any incomplete or illegible entry; and
- Any entries that we receive from you that are in excess of the entry limit described above.
On or around the close of the Entry Period, two winners will be determined based on the following criteria:
- One application in the FREE category will be declared the winner based on the total number of downloads from Marketplace.
- One application in the PAID category will be declared the winner based on the total revenue (application price multiplied by the number of downloads from Marketplace, determined in a US Dollar equivalent using current market conversion rates).
In addition, entries will be divided into four pools based on geographic region as follows:
- USA/Canada
- Southeast Asia
- Europe / Middle East / Asia
- Latin America
The top five downloaded entries in the FREE and the top five downloaded entries in the PAID categories from each geographic region (for a total of 40 entries) will be pooled together and judged based on the criteria listed below, and two overall winners will be determined based on the judging criteria listed below. The judges reserve the right to include additional entries from any of the geographic regions into the judging pool based on merit:
- Most Useful Application:
- 33.3% Quality & Design
- 33.3% Performance & Usability
- 33.3% User rating
- Most "Playful" Application:
- 25% Quality & Design
- 25% "Fun" factor
- 25% "Laugh" factor
- 25% User rating
In the event of a tie between any eligible entries, the winner will be the entry that received the highest User Rating. If a tie still exists, the winner will be the entry that was submitted first. If a tie still exists, the tie will be broken by an alternate judge. The decisions of the judges are final and binding.
If residing in a country / region where Microsoft Surface is distributed (Austria, Belgium, Canada, France, Germany, Ireland, Italy, Netherlands, Qatar, Spain, Sweden, United Arab Emirates, United Kingdom, 50 United States and D.C.), the winner in each prize category (for a total of four prize winners) will receive the following:
- A Microsoft Surface Developer Unit*, plus one year warranty (Approximate retail value US$20,000).
- Online Promotion and Marketing on:
- Windowsphone.com
- Developer.windowsphone.com
- A Challenge Trophy
* Winners who do not reside in a country / region where Microsoft Surface is distributed will receive the cash equivalent of the Microsoft Surface Developer Unit. If, in the sole opinion of the judges, there are no entries that meet a minimum quality standard in any prize category, they reserve the right to not award a prize. If you are a potential winner, we will notify you by sending a message to the e-mail address, the phone number, or mailing address (if any) provided at time of entry within seven (7) days following completion of judging. If the notification that we send is returned as undeliverable, or you are otherwise unreachable for any reason, we may award to a runner-up.
If there is a dispute as to who is the potential winner, we will consider the potential winner to be the authorized account holder of the e-mail address used to enter the 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. However, if for any reason an advertised prize is unavailable, we reserve the right to substitute a prize of equal or greater value; and
- You may not designate someone else as the winner. If you are unable or unwilling to accept your prize, we may award it to a runner up; and
- If you accept a prize, you will be solely responsible for all applicable taxes related to accepting the prize; and
- If you are otherwise eligible for this 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.
We will only award one (1) prize per person.
By entering this Contest you agree:
- To abide by these Official Rules; and
- To the extent allowable under applicable law, 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 save for residents of the United Kingdom, Chile, Korea, Greece, Brazil, Turkey, Hong Kong, France and Germany with respect to claims resulting from death or personal injury arising from Microsoft’s negligence, for residents of the United Kingdom with respect to claims resulting from the tort of deceit or any other liabilities that may not be excluded by law, and for residents of Australia in respect of any implied condition or warranty the exclusion of which from these Official Rules would contravene any statute or cause any part of these Official Rules to be void; 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 of 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.
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.
For residents of Austria only: You may withdraw your submission from this Contest within seven (7) days of your entry. If you withdraw within seven (7) days of entry, your submission will be returned to you, and we will not make any use of your submission in the future. However, you will not be eligible to win a prize. If you do not withdraw within (7) days of entry, you will be bound by the provisions of these Official Rules.
For residents of the United Kingdom only: The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
For residents of New Zealand only: the provisions of the Contracts (Privity) Act of 1982 shall not apply to this agreement.
For residents of Israel only: This agreement does not entitle third parties to benefits under this agreement as defined in Chapter "D" of the Contracts Act (General Part) — 1973.
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.
We will post the names of winners online at http://mobilethisdeveloper.com. This list will remain posted until February 1, 2010.
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
