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Following terms and conditions (the "Terms and Conditions") shall apply to
the Date Teen Diva contest detailed below (the “Contest”). For the purposes
of these Terms and Conditions, the term Microsoft, when used with reference to a
legal entity, shall mean Microsoft Corporation India Pvt. Ltd.
- The Contest shall run from 10th June 09 to 30th September 09 (“the Contest Period”).
Microsoft can curtail or extend the Contest Period, as it deems necessary.
- The Contest shall be valid in India only.
- Any person who has a Windows Live/Hotmail ID and is above 18 yrs of age shall be
entitled to participate in the Contest ("Participant").
- An employee, agent or a relative of an employee of Microsoft, or its parent company
Microsoft Corporation, USA shall not be eligible to participate in the Contest.
- Each Participant must ensure that his/her participation in the Contest is lawful
and is in accordance with the applicable laws.
- A Participant must ensure that his/her duly filled up valid entry form in English language, in case of on-line registration, is posted on the Website www.windowsliveplanet.com
on or before July 30th 2009 . Microsoft shall not be responsible for any delayed
entries.
- Participation Process:
(i) The Participant logs on to the website
msnindia.com/teendiva
(ii) Participant logs on with their Windows Live/Hotmail ID or creates one if he/she does not have one
(iii) Participant builds their profile 100%
(iv) The participant adds only one of the 12 finalists. (these 12 finalists are members in windowsliveplanet.com and one can search for them using the Friend Finder)
(v) Participant adds 100 friends to his/her Windows Live messenger on windowsliveplanet.com. The Teen Diva chooses the winner. All the qualified participants names will be sent to the Teen Diva. She will choose basis the quality of the participants profiles and the maximum no of friends they have added.
The Teen Diva International 2009 is a property, owned & managed by Times Of India group and the winner for Teen Diva title will be announced in mid August 2009.
- No participation or other fee is required to be paid for participating in the Contest.
- The Participant agrees to provide Microsoft current, complete and accurate information.
- An incomplete on-line registration by a Participant is liable to be rejected. Any
decision taken by Microsoft for rejecting any entry shall be final and binding and
not subject to any dispute or challenge.
- The Participants hereby waive all rights and grant to Microsoft, Microsoft Corporation,
US or its Affiliates a royalty-free, non-exclusive, perpetual worldwide license
to copy, modify and otherwise use and distribute their submission entry and, or,
any element of the submission, in any and all media and in any publication whether
online, offline or on the Internet. Microsoft shall also be free to use any ideas,
concepts, know-how or techniques contained in such submissions or materials for
any purpose.
- Microsoft does not make any commitment, express or implied, to respond to any feedback,
suggestion and, or, queries of the Participants or furnish any reason or explanation
for inclusion and, or, exclusion of any particular submission of the Participant
at any stage of the Contest.
- Microsoft may assign any or all of its rights under these Terms and Conditions to
its Affiliates without consent of the Participants.
- Participation in the Contest shall be construed as an acceptance of the Terms and
Conditions stipulated herein. Any breach or default by a Participant of any of the
Terms and Conditions herein shall result in immediate disqualification without notice.
- The Participant undertakes and declares that for participating in the Contest, he/she
shall not use any unauthorized or pirated software. In the event, a Participant
is found to be doing so, the entry from such Participant shall forthwith be disqualified
from the Contest.
- The Microsoft officials engaged in the organization and management of the Contest,
including its directors, officers, partners, employees, consultants and agents are
under no obligation to render any advice or service to any Participant in respect
of the Contest.
- Any attempt by a Participant to deliberately damage any website or undermine the
legitimate operation of the Contest is a violation of Criminal and Civil Laws and
should such an attempt be made, Microsoft reserves the right to seek damages from
any such Participant to the fullest extent permitted by law.
- Following will be the prizes ("Prizes") under the Contest:
The winner Participant will get to go on a date with the Teen Diva International 2009 winner at a 5 Star restaurant in Mumbai, fully paid. Microsoft will bear the cost of travel of both the winner participant & Teen Diva to & fro from the nearest airport.
The Teen Diva International 2009 is a property, owned & managed by Times Of India group. The winner for Teen Diva title will be announced by mid August.
The winner will get to go for dinner with the Teen Diva International 2009 winner at a 5 Star restaurant in Mumbai.. Microsoft will bear the cost of travel of the winner participant to & fro from the nearest airport of residence of the winner to Mumbai. Only the cost of air travel and dinner with Teen Diva will be borne by Microsoft
- The selected Participant(s) shall have thirty (30) days from date of notification
of their selection to respond at the notified place. Failure to respond within this
period shall result in forfeiture of the Prizes.
- The name(s) of the selected Participant(s) shall be declared through
www.windowsliveplanet.com . All selected Participants shall be informed individually
by e-mail or will be announced on the website
www.windowsliveplanet.com . However, there shall be no liability on Microsoft
in the event such mail does not reach such Participants on any account whatsoever.
- The decision on the Participants selected by Microsoft shall be final and binding
and no correspondence or communication shall be entertained in this regard.
- Microsoft or its Affiliates shall be entitled to use, in any manner, the name, photographs
and other details of the Participant or any other participating person, likeness
and status in any publication including the Prizes awarded to them. By participating
in the Contest, all Participants hereby agree to the same. Microsoft may, at its
discretion, choose not to disclose the identity of the winning Participants to other
Participants.
- Prizes shall neither be transferable nor exchangeable for cash or otherwise. Mere
participation in the Contest shall not entitle a Participant to the Prizes. No other
person or agent can claim the Prizes on behalf of the Participant.
- In the event the Prizes involve manufactured items or 3rd party services, these
shall be subject to manufacturer's/3rd party service provider’s terms and conditions
for warranty, service and maintenance, and Microsoft does not accept any responsibility
for the same.
Teen Diva title is managed & owned by Times Group.
- Where the Prizes under the Contest are items/goods/services, these shall be subject
to availability. Microsoft at its discretion can provide alternate items/services
of equivalent value. Pictures of the items/goods/services shown in the Contest brochure
may differ from the items/goods/services given.
- Taxes and other levies imposed by any relevant applicable government or tax authority,
as well as other costs including, insurance and incidental costs, that may be levied
or incurred on the Prizes shall be fully borne by the selected Participants. All
Prizes shall be subject to deduction or recovery of applicable withholding taxes.
- Subject to any applicable law (a) All warranties of any kind whatsoever, whether
express or implied, are hereby expressly disclaimed by Microsoft including, but
not limited to, meeting of the Participant's requirements or aspirations, timeliness,
security, the results or reliability of any contest/scheme, or the delivery, quality,
quantity, merchantability, fitness for use or non infringement in respect of any
goods, services, benefits or awards acquired or obtained through the Contest or
any transactions effected through the Contest; (b) The Participant expressly agrees
that his/her participation in the Contest offered by Microsoft is at the Participant's
sole risk and is governed by the Terms and Conditions herein; and(c) No advice or
information whether by representations, oral, written or pictorial derived from
the website or through the Contest shall be construed to mean the giving of any
warranty of any kind by Microsoft.
- Nothing in the Contest shall affect any intellectual property rights of Microsoft
in any product or service, which may be the subject matter of the Contest.
- The Contest shall be governed by and construed in accordance with the laws of India
and shall be subject to the exclusive jurisdiction of competent Court at New Delhi.
Any disputes, differences and, or, any other matters in relation to and arising
out of the Contest and, or, pertaining to the rules and regulations and, or, the
Terms and Conditions shall be referred to arbitration under the Arbitration & Conciliation
Act, 1996. The arbitral tribunal shall consist of a sole arbitrator to be appointed
by Microsoft. The venue of arbitration shall be New Delhi.
- The Participant agrees and undertakes to indemnify and keep Microsoft including
its affiliates, directors, officers, partners, employees, consultants, agents etc.
harmless and indemnified against any loss, damage, claims, costs and expenses including
but not limited to legal fees and other charges which may be incurred or suffered
by Microsoft due to breach of any Terms and Conditions contained herein by the Participant
and/or infringement or violation of any patent, copyright, trademark, trade secret
or other proprietary right of a third party by the Participant and, or, arising
from the participation of the Participant in the Contest.
- In addition to these Terms and Conditions, other specific terms may be imposed by
Microsoft any time to deal with any unforeseen situation. Microsoft also reserves
the absolute right to change the Terms and Conditions contained herein and, or,
any other rules and regulations in respect of the Contest at any time without any
notice, without assigning any reason and without any liability whatsoever. Participants
are requested to refer to such other terms and conditions, if any, which may be
displayed on-line or intimated separately as Microsoft considers fit. However, no
obligation is cast on Microsoft to separately intimate each individual Participant
with regard to such additional terms and conditions.
- Microsoft also reserves the right to withdraw or discontinue with the Contest at
any stage without any liability whatsoever to the Participant and, or, anyone.
- An 'Affiliate' means any legal entity owned or controlled by Microsoft, which owns
or controls Microsoft or which is under common ownership or control with Microsoft.
The term 'ownership' means more than 50% direct or indirect ownership/shareholding
and the term 'control' means direct or indirect control of the management or the
board of directors.
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