Imagin8 Mission Competition Terms
By registering for or participating in the Competition you accept these Competition Terms. You are not allowed to participate in the Competition if you do not agree to these Competition Terms.
The Competition Terms constitute an agreement between you (either an individual or group of individuals) and Microsoft Mobile Oy, Keilalahdentie 2-4, 02150 Espoo, Finland including its affiliates and suppliers (collectively “Microsoft Mobile”), defining your and Microsoft Mobile’s rights and responsibilities with respect to the Competition.
The Competition is designed to (i) motivate and reward Microsoft Mobile developers validly registered with DVLUP who create new (or update their existing) Windows Phone applications using the Nokia Imaging SDK pursuant to various developer challenges posted on the DVLUP website during the Competition Period; and (ii) encourage developers and consumers alike to experience the capabilities of the Nokia Imaging SDK by using the Nokia Windows Phone 8 and/or Windows 8 spaceselfie application, and to have fun expressing themselves by tweeting personal photos they’ve taken and edited with the spaceselfie application.
You acknowledge and agree that the Competition is one of skill, not chance. Prizes will be awarded to those Entrants (as defined in Section 3 herein) who submit the best entries as determined in the sole discretion of the judges. No purchase is necessary to enter, participate or receive a prize. A purchase will not increase chances of winning a prize.
The Competition begins at 09:00 AM GMT on 24 February 2014 and closes at 11:59 PM GMT on 5 May 2014 (the “Competition Period”). Individual developer challenges posted on the DVLUP website will run throughout the Competition Period, but such challenges may be available for a shorter period of time as described further in those particular DVLUP challenge rules.
You understand and agree that you are solely and fully responsible for any and all aspects of the entry submitted, including but not limited to its legality, appropriateness and non-infringement of third party intellectual property rights, and Microsoft Mobile shall not be liable in any way for such entry.
The Competition is void wherever prohibited or restricted by any mandatory national, state or other government laws in form and language as provided herein and is subject to all applicable mandatory federal (national), state and local laws.
By participating, you agree to the decisions of the judges, whose decisions are final and binding in all respects. To the maximum extent permitted by applicable law, Microsoft Mobile reserves the right at its sole discretion to amend, withdraw or revise these Competition Terms and the prizes at any time without notice and in such event Microsoft Mobile shall not have any liability whatsoever.
The Competition has two portions, each with different eligibility criteria. The first relates to Windows Phone development using the Nokia Imaging SDK; the second relates tweeting images of yourself (or you with others) that you take and edit using the Nokia Windows Phone 8 or Windows 8 spaceselfie application. Each qualified individual, or group of individuals, is referred to as an “Entrant” in these Competition Terms.
Employees and directors of Microsoft Mobile, and Microsoft Mobile’s respective parents, affiliates, subsidiaries, retailers, distributors, agencies and their respective officers, directors, employees and agents (collectively, “Released Parties”) do not qualify as Entrants, and are not eligible to enter, win or participate in any prize awarded. Furthermore, household members of any Released Parties do not qualify as Entrants, and are also not eligible to enter, win or participate in any prize awarded.
a. Eligibility for Nokia Imaging SDK Development portion (App development awards)
This portion of the Competition is open only to Microsoft Mobile developers validly registered with DVLUP who create new (or update their existing) Windows Phone applications using the Nokia Imaging SDK pursuant to, and in compliance with, the rules associated with one or more Competition- specific development challenges posted on the DVLUP website throughout the Competition Period. Please visit the DVLUP website to see list of countries where the DVLUP program is available, and to view the development challenges available for the Competition.
b. Eligibility for the Photo Tweeting portion (#spaceselfie award)
This portion of Competition is open to individuals, or groups of individuals in all countries where participation is not otherwise void as a matter of law. You (or each individual in your group) must be 18 years of age or older as of the date of submitting your entry.
All individuals in your group must meet the eligibility criteria contained herein and agree to these Competition Terms if you enter this portion of the Competition as a group of individuals. By entering as a group, you warrant that you have obtained the appropriate permission from each individual in your group to submit the entry. In addition, you understand and agree that if your group is selected to receive a prize, the group is responsible for ensuring that the prize is appropriately distributed or shared between the group, and each individual in the group must agree upon prize distribution method or, alternatively, the group must designate one individual in the group to receive the prize in the event the prize may not be apportioned between your group. The eligibility of an Entrant is tied to the eligibility of your group. So if one member of your group does not comply with these Competition Terms or is disqualified, the entire group as a whole will be disqualified.
4. Entry Requirements
The entry requirements for the two portions of the Competition are as follows:
a. Entry requirements for Nokia Imaging SDK Development portion (App development awards)
To enter this portion of the Competition you must (i) be validly registered with DVLUP; (ii) create one or more new (or update their existing) Windows Phone applications using the Nokia Imaging SDK that you provide in English language and publish globally in the Windows Phone Store for free distribution (or with a free version made available); and (iii) submit your application(s) in accordance and compliance with the rules and timelines for Competition-specific developer challenges posted on the DVLUP website throughout the Competition Period. Completing all three steps will enter you into the Competition.
b. Entry requirements for Photo Tweeting portion (#spaceselfie award)
To enter this portion of the Competition you must (i) download the Nokia spaceselfie application to your Windows Phone 8 or Windows 8 device; (ii) take a photo of yourself, or yourself with other individuals, using the Nokia spaceselfie app (iii) edit the photo using only the settings and options available in the Nokia spaceselfie application; and (iv) tweet your photo to the public and include the hashtag “spaceselfie” (i.e., #spaceselfie) in your tweet. Each photo qualifies for only one entry, but you may submit as many entries as you like using different photos. Editing your photo using anything other than the Nokia spaceselfie app will invalidate your entry.
5. Your Entry Submission
You hereby represent and warrant that (i) your entry is your original work and was created by you, (ii) the entry has not won previous awards granted by Microsoft Mobile; (iii) the entry does not violate or infringe the intellectual property, proprietary or other rights of any third party, (iv) you possess and control all rights necessary to submit the entry irrevocably and without restriction to Microsoft Mobile, and (v) that publication of the entry via various media including web posting, will not infringe on the rights any third party rights. You will indemnify and hold harmless Microsoft Mobile from any claims to the contrary.
6. Competition Judging and Prizes
Judging of entry submissions will begin immediately after Competition Period ends; winners will be announced within several weeks of the Competition ending.
The panel of judges consists of representatives of Microsoft Mobile or other people designated by Microsoft Mobile.
All eligible entries received for Nokia Imaging SDK Development portion of the Competition will be judged on the following criteria: (i) use of the Nokia Imaging SDK; (ii) quality, functionality, and real life use case; (iii) aesthetic design and creativity, (iv) likelihood of having consumer appeal; and (v) uniqueness, novelty value and innovativeness of the free and/or free trial version of the applications that are published in English language in the Windows Phone Store for global distribution.
All eligible entries received for photo tweeting portion of the Competition will be judged based on which one is the most artistically creative.
Microsoft Mobile reserves the right to not award all prizes listed below if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. Microsoft Mobile reserves the right at its sole discretion to add, change, amend, withdraw or revise any Competition criteria at any time without notice and in such event Microsoft Mobile shall not have any liability to you whatsoever. Throughout the Competition Period, Microsoft Mobile specifically reserves the right, exercisable at its sole election, to screen any and all entries and to disqualify from prize consideration any entries that Microsoft Mobile determines, in its sole discretion, to be inappropriate, obscene, not in keeping with Microsoft Mobile’s image or that otherwise do not comply with these Competition Terms.
PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED BY THE RELEASED PARTIES. ALL PRIZE DETAILS ARE AT MICROSOFT MOBILE’S SOLE DISCRETION.
a. First Place Winner of the Nokia Imaging SDK portion of the Competition (App development awards)
One (1) first place winner of the Nokia Imaging SDK portion of the Competition will be selected among all qualified entries, and will be awarded the following:
• A paid trip for two (2) people into zero gravity (the “ZERO-G Experience®”) scheduled to take off from Cape Canaveral, Florida, USA on 19 July 2014, provided by the ZERO-G Corporation;
• Round-trip economy-class flights (if necessary based on the winner’s place of residence), or other reasonable travel for 2 people to travel to Cape Canaveral, Florida, USA from the winner’s residence. Reasonable travel and sleeping accommodations for the winner and his/her guest will be provided by Microsoft Mobile to travel to and from the zero gravity trip.
• Winners choice of two (2) Nokia Lumia devices (devices must be among the Nokia Lumia devices commercially available at the time of selection in the country where the winner is located);
• 10,000 XPs awarded to the winner’s DVLUP account; and
• On-device promotion of the winner’s application.
Meals, gratuities, parking, luggage fees, incidental charges and any other travel-related expenses not specified above are the sole responsibility of winner.
The approximate retail value (“ARV”) of the first place winner prize package is $20,000 USD. The value of each ZERO-G Experience® is $4,950 USD +taxes. Actual value of travel prizes may vary based on point of departure and airfare fluctuations. Actual value of any Nokia Lumia device may vary based on the winner’s residence. Any difference between stated approximate retail value and actual value of prizes will not be awarded. Winner must sign and return a release before awarding of any prize. Winner must accept prizes as specified by Microsoft Mobile or prizes may be forfeited. Prizes cannot be assigned, transferred, redeemed for cash, or substituted except by Microsoft Mobile which may, at its sole discretion, substitute any prize with one of comparable value if the advertised prize becomes unavailable for any reason. The reporting and payment of any taxes for the prizes are the winner’s sole responsibility.
The winner and his/her guest must have valid passports/travel documents and visas if needed, and be eligible to travel to Cape Canaveral, Florida, USA on timely basis in order to qualify for the trip into zero gravity on 19 July 2014. Before entering the Nokia Imaging SDK portion of the Competition, it is recommended that you check with your local embassy to determine visa requirements or travel restrictions to ensure your eligibility for travel.
You acknowledge and agree that the scheduled trip into zero gravity, including related travel to and from the trip, may be subject to change based on items out of Microsoft Mobile’s control, including weather, labor strikes, unforeseen events, acts of nature, or otherwise, and that Microsoft Mobile bears no responsibility for any such events.
b. Two Runner-Up Prize Winners of the Nokia Imaging SDK portion of the Competition (App development awards)
Two (2) runner-up winners of the Nokia Imaging SDK portion of the Competition will be will be selected among all qualified entries. Each of these winners will be awarded the following:
• One Nokia Lumia 1520; and
• 5,000 XPs awarded to the winner’s DVLUP account.
The approximate retail value (“ARV”) of each runner-up winner prize package is $1,150 USD. The actual value of the Nokia Lumia 1520 may vary based on the winner’s residence. Any difference between the stated approximate retail value and the actual value of prizes will not be awarded. Winners must sign and return a release before awarding of any prize. Winners must accept prizes as specified by Microsoft Mobile or prizes may be forfeited. Prizes cannot be assigned, transferred, redeemed for cash, or substituted except by Microsoft Mobile which may, at its sole discretion, substitute any prize with one of comparable value if the advertised prize becomes unavailable for any reason. The reporting and payment of any taxes for the prizes are the winner’s sole responsibility.
c. Winner of the Photo Tweeting portion of the Competition (#spaceselfie award)
One (1) winner of the Photo Tweeting portion of the Competition will be selected among all qualified Entries, and will be awarded the winners choice of one (1) Nokia Lumia device (device must be among the Nokia Lumia devices commercially available at the time of selection in the country where the winner is located).
The approximate retail value (“ARV”) of this prize is $800 USD. The actual value of any Nokia Lumia device may vary based on the actual device selected, and the winner’s residence. Any difference between the stated approximate retail value and the actual value of the prize will not be awarded. Winner must sign and return a release before awarding of any prize. Winner must accept the prize as specified by Microsoft Mobile or the prize may be forfeited. The prize cannot be assigned, transferred, redeemed for cash, or substituted except by Microsoft Mobile which may, at its sole discretion, substitute the prize with one of comparable value if the stated prize becomes unavailable for any reason. The reporting and payment of any taxes for the prize is the winner’s sole responsibility.
7. Prize Awarding and Taxes
Prizes will only be awarded upon a potential winner’s verification of eligibility and compliance with these Competition Terms, any other country specific legislation based on winner’s domicile, and final approval by Microsoft Mobile.
If a potential winner cannot be contacted, is ineligible, fails to timely respond, if notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Competition Terms, he/she will forfeit the potential prize and, at Microsoft Mobile’s sole discretion, the prize may be extended to a runner-up. Potential winners will have two (2) days from the date notification is issued to confirm that the notification has been received. Each prize winner grants Microsoft Mobile and its agents an unlimited, worldwide and perpetual license and right to feature, market, publicly perform, or display their applications in any way, in any and all media, without limitation, and without consideration to the participant, for the purposes of promoting the application in connection with the Competition, and for marketing and promotional purposes only (e.g., to advertise, display or otherwise promote Microsoft Mobile’s products and platforms by making screenshots and video clips available in any and all forms of media or website). However, by no means will your application and all accompanying personally identifiable information be used for non-Competition related purposes.
Microsoft Mobile is not responsible for decisions on the division or distribution of the prizes among or between any individuals in a group entry. Decisions on how to distribute or divide any prize among individuals in a group are the sole responsibility of those individuals in the group.
All federal, state, local, and other taxes on prizes are the sole responsibility of the applicable winner.
8. Disqualification from the Competition
In no event shall Released Parties be responsible for any late, lost, illegible, indecipherable, incomplete, stolen, garbled, delayed, inaccurate or misdirected entries, or for any applications that are not timely submitted pursuant to the rules associated with the various developer challenges posted on the DVLUP website; all of which entries are invalid and will not be able to be selected for any prize hereunder.
Users found tampering with or abusing any aspect of this Competition, as solely determined by the judges, will be disqualified and all associated entries will be void. If disqualified for any of the above abuses, Microsoft Mobile reserves the right to terminate your eligibility to participate in the Competition. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be in violation of criminal and civil law, and, should such an attempt be made, Microsoft Mobile reserves the right (among other causes of action and remedies) to seek damages (including attorneys’ fees) from any such person to the fullest extent permitted by law. Microsoft Mobile reserves the right to terminate, cancel, suspend and/or modify the Competition (or any portion thereof) if any fraud, bug, virus, non-authorized human intervention or other technical problem corrupts the administration, security, or proper play of the Competition, as determined by Microsoft Mobile in its sole discretion. In such event, Microsoft Mobile reserves the right to determine the winners from among the eligible entries received up to the time of the impairment using the judging procedures outlined above.
9. Release of Liability; Disclaimer of Warranty; Forum Selection Clause.
By participating in the Competition, Entrants and winners agree to release and hold harmless the Released Parties, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with, preparation for, or participation in, the Competition, or possession, acceptance and/or use or misuse of the prize or participation in any Competition-related or prize-related activity and for any claims or causes of action based on publicity rights, copyright, trademark, defamation or invasion of privacy and merchandise delivery.
Entrants and winners acknowledge that Microsoft Mobile has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of the prize (or any component thereof) or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of Entrant or Microsoft Mobile in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the Finland, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the laws of Finland. In addition, any dispute relating to the Competition (including these Terms) will be settled by arbitration under the Arbitration Rules of the Finnish Central Chamber of Commerce. The arbitration will be conducted in Helsinki, Finland, in the English language. The award will be final and binding on the Parties. Entrants hereby irrevocably consent to the personal jurisdiction of arbitration proceeding and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
Microsoft Mobile may assign its rights and obligations under these Competition Terms to any Microsoft Mobile corporate parent, subsidiary or company under common control with Microsoft Mobile. Additionally, Microsoft Mobile may assign its rights and obligations under these Competition Terms to a third party in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Released Parties are not responsible for technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, software or website. Released Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, for incorrect or inaccurate entry information, howsoever caused, the incorrect entry or transmission, or other error of any kind whether human, mechanical or electronic, including but not limited to any injury or damage to your or any other person’s computer related to or resulting from participation in the Competition; typographical, printing or other errors in these Competition Terms, in any Competition related advertisements or other materials; the administration of the Competition, the judging of entries, the announcement of the prizes; or any problems related to the administration of the Competition.
This Competition is conducted in English (which will be given its everyday ordinary meaning).
Where Microsoft Mobile has provided a translation of the English language version of the Competition website, then you agree that the translation is provided for your convenience only and that the English language version of the website alongside these Competition Terms will govern your relationship with Microsoft Mobile. If there is any contradiction between what the English language version and a translation, then the English language version shall prevail.
12. Copy of Competition Terms/Names of the Winner(s)/Sponsor
For a copy of the Competition Terms or the names of the winners, send a self-addressed stamped envelope to: Microsoft Mobile, Imagin8 Mission Competition, Keilaranta 7, 02150 Espoo, Finland; please specify “Imagin8 Mission Winners Announcement” or “Imagin8 Mission Competition Terms Request” in your correspondence.
Sponsor of the Imagin8 Mission Competition: Microsoft Mobile Oy, Keilaranta 7, 02150 Espoo, Finland.