Windows Phone

‘My kind of competition: groove’

Updated as of 26 May 2010.
Prize has been substituted, entry dates extended and shortlisting information updated; please see sections 3, 5 and 7 below.

1. ELIGIBILITY:
In addition to the affirmation and information required by section 5 below, this promotion is open to any person resident in the United Kingdom who is eighteen (18) years of age or older at the time of entry and the holder of a valid passport with which they are permitted to travel and who is i) a registered user of the Website http://www.twitter.com (“Twitter”) and is ‘following’ @mykindofphone on Twitter on the closing date and ii) a registered user of the Website  http://www.facebook.com (“Facebook”) and a ‘fan’ of my kind of phone page on Facebook on the closing date. IF YOU ARE NOT A REGISTERED MEMBER OF THE ABOVE WEBSITES YOUR ENTRY WILL NOT BE VALID AND YOU WILL NOT BE ABLE TO WIN A PRIZE.

Employees of Microsoft or its affiliates, subsidiaries, advertising or promotion agencies are not eligible, nor are members of these employees’ families (defined as parents, children, siblings, spouse and life partners).

Entrants who have won a prize from ‘my kind of phone’ in the past 1 month are not eligible to win.

Any entries deemed to be offensive, abusive (including the use of profanity) or to contravene UK law will not be included in the competition. Users submitting such entries may be reported to Twitter and/or the relevant legal authority.

2. TO ENTER:
You will need to be a registered member of the Twitter. In order to register with Twitter go to: http://www.twitter.comand follow the instructions.

Follow @mykindofphone via http://www.twitter.com/mykindofphone.

To enter, you need to share your ultimate mobile playlist with ‘my kind of phone’. To be eligible to win a prize you must:

1. submit a comment to the webpage at www.mykindofphone.com/groove-competition that includes a ‘playlist’ of 7 song titles/artists (published by a record label) selected by you to represent your ultimate mobile playlist of songs that you carry with you all the time and couldn’t live without, along with an optional explanation of up-to 50 words to provide detail supporting your entry;
2. use the “Tweet to enter” button which appears on the www.mykindofphone.com/groove-competition page to send a message via Twitter http://www.twitter.com/ which must include the following:
   1. a link to the entry post (which will be pre-populated into the tweet when the entrant clicks the “Tweet to enter” button)
   2. the hash tag ‘#groove’ followed by the username @mykindofphone (i.e., #groove @mykindofphone) (which will be pre-populated into the tweet when you click the “Tweet to enter” button)
   3. the name you choose for your playlist (entrants are encouraged to be creative)

Entrants must make their submission within the time period set out in paragraph 3 below. Any entries deemed to be offensive, abusive (including the use of profanity) or to contravene UK law will not be included in the competition. Users submitting such entries may be reported to the Website and/or the relevant legal authority.

We will track all entries using the technology provided by Twitter. Please do not spam your friends. You may only submit one (1) entry. Any entries received outside of the Entry Period set out in paragraph 3 below will not be eligible for the competition. Any entries received which are reported to violate any http://twitter.com/tos will not be entered into the competition.

Entrants warrant that their Submission is their original work, has not been copied from others, and does not violate the rights of any other person or entry.

Only one (1) entry per person will be accepted. If you enter the promotion using multiple accounts on Twitter then you only your first submission will count. No purchase is necessary to enter the promotion. Entry constitutes full and unconditional acceptance of these Terms and Conditions. Microsoft is not responsible for lost, corrupted or delayed entries. Microsoft reserves the right to disqualify anyone in breach of these Terms and Conditions.

3. TIMING:
Updated as of 26 May 2010
Entry and voting period have been updated.

This promotion runs from 10.00:00 am GMT on 20/05/2010 until 17.00:00 pm on 03/06/2010 (inclusive). To be eligible, all entries must be received by 11.59:59  pm on 27/05/2010 (the “Entry Period”), after which they will be reviewed by Microsoft’s agent 33 Digital and representatives from the Windows Phone UK team on 28/05/10 as described in section 5 below. The public voting process will begin at 14:00:00 pm on 28/05/2010 and end at 9:00:00 am 02/06/2010. The winner will then be notified on 02/06/2010.

4. USE OF YOUR ENTRY:
By entering this competition you hereby irrevocably and unconditionally assign to Microsoft with full title guarantee, and where the assignment is of copyright, by way of an assignment of present and future copyright, the entire copyright and all other right, title and interest of whatsoever nature, (including, without limitation, all copyright), whether vested or contingent in and to your entry to the competition, for Microsoft to hold the same absolutely, throughout the universe, for the full period of the entry wherever subsisting or acquired, and all renewals, reversions, revivals and extensions thereof, and thereafter (insofar as is or may become possible) in perpetuity.

Waiver of Moral Rights: By entering this competition you hereby irrevocably and unconditionally waive in perpetuity the benefit of any provision of law known as moral rights, the benefits of any provision of law known as “droit moral” or any similar law in any country of the universe.

Further Assurance: You hereby undertake and covenant to Microsoft to do all such further acts and execute all such further documents and instruments as Microsoft may reasonably require of you, at Microsoft’s own cost, to vest in or further assure to Microsoft the rights in your entry.

5. SELECTION OF WINNER:
Updated as of 21 May 2010.
Prize has been substituted. Shortlisting confirmation information updated.

All valid entries will be eligible for the selection of finalists. Shortlisting of ten (10) finalists will be conducted by Microsoft’s agent 33 Digital and representatives from the Windows Phone UK team on 28/05/10 using the following criteria: creativity of playlist and playlist name; originality of playlist; and evidence of popularity as demonstrated by mentions of your playlist on Twitter (as determined by using Twitter’s search feature).

At the time of shortlisting, the ten (10) finalists will be contacted via Twitter by ‘my kind of phone’ to confirm the following:

1. that if they were to win the prize, they are available to take up the prize (see Section 7), as the prize is non-transferrable.
2. relevant details required for the prize, which could include their full name and age (including any documentation required for proof of age).

If this information cannot be obtained in a timely way on 28/05/10 no later than 14:00:00pm, the entrant will forfeit their position as a finalist and an alternate will be chosen in Microsoft’s sole discretion.

The ten (10) finalists’ entries will be posted to the ‘my kind of phone’ Facebook fan page (http://www.facebook.com/mykindofphone), where the public can vote by selecting ‘like’ to indicate they vote for a specific post. People voting can ‘like’ more than one of the ten (10) finalist entries, but can only ‘like’ each one a single time; multiple votes by one person to a single finalist entry will not be counted. Microsoft reserves the right to (i) disqualify any votes it suspects to be part of voting fraud and invalidate the related votes which will no longer count; (ii) disqualify any entrant it suspects to be involved in voting fraud. The winner will be determined by the number of ‘likes’ attributed to that entry on the ‘my kind of phone’ Facebook fan page. In the event of a tie, the winner will be selected by representatives of the Windows Phone UK team using the criteria outlined above.

The entry with the highest number of ‘likes’ within the Timings outlined above will be deemed the winner. The chosen winner will be contacted by ‘my kind of phone’ via Twitter prior to 09:30:00am on 02/06/2010. The winner may be asked to provide identification and ability to attend the prize, proving their eligibility, before they are entitled to receive the prize. If the chosen winner cannot be contacted to confirm their acceptance of the prize, through no fault of Microsoft, within one (1) day by 09:30:00am on 03/06/10, the winner forfeits the prize and an alternative winner will be selected (the entry with the second highest number of votes) and the same process will be repeated with this alternate having three (3) hours to respond until a response is received and a winner confirmed. The winner may be required to participate in further publicity or advertising, including keeping and sharing a photo diary of the trip..

6. GROUNDS FOR AUTOMATIC DISQUALIFICATION:
Microsoft will automatically disqualify any entrant who: (i) makes an entry which is incomplete or illegible or (ii) in excess of the entry limit described above.

7. PRIZE:
Updated as of 21 May 2010.
Prize has been substituted.

The prize will be a three (3) night summer weekend Ibiza experience of equal or greater value to five thousand pounds sterling (GBP £5,000) for the winner and three (3) friends (four (4) people in total all of whom must be over eighteen (18) years of age and the holders of valid passports). Prize package includes:

• Four (4) return standard economy flights from a major UK airport to Ibiza (including transfers; times will depend on flight carrier availability).
• A minimum 4-star private apartment with two x shared twin bedrooms for three (3) nights’ stay.
• Winner and three (3) friends will have a private driver to take them around the island with 24-hour availability, on call.
• A food and drink allowance of one hundred pounds sterling (GBP£100) is provided per person per day (over the three (3) night stay); it is the individuals’ responsibility how to this allowance is used.
• An allowance of four hundred pounds sterling (GBP£400) in total is provided to the group for entrance to venues of their choice, it is the individuals’ responsibility how this allowance is used.
• Upon advance request and subject to availability, Microsoft’s agent will attempt to assist the winner and their companions in gaining access to select beaches, restaurants, bars and clubs in Ibiza for two (2) days and two (2) nights over the weekend. In the event that Microsoft’s agent is unable to organise access on behalf of the winner and their companions to a chosen beach, restaurant, bar or club, then it is for the winner to determine a suitable alternative.
• One Windows Phone (HTC HD2) for the prize winner.

Prizes are as stated and are not transferable. Trip must be scheduled and enacted no later than 31^st July 2010. Microsoft expects the winners to behave responsibly at all times, and can take no responsibility for their actions. Winners attend events at own risk. The winner and their chosen companions are responsible for providing their own comprehensive travel and medical insurance for themselves. The winner and their chosen companions are responsible for obtaining their own visa and providing a passport with the correct validity period.  The winner’s chosen companions must hold a passport under which they are allowed to travel. There is no cash alternative to the prize and the prize in non-transferable.  The winner is responsible for the payment of any and all tax liability related to the receipt of this prize.

Unless otherwise stated, all prizes are subject to their manufacturer’s warranty and/or terms and conditions. Microsoft are not held responsible for the cancellation of the relevant prizes due to events outside of their control. Microsoft cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party.   Participants in this promotion agree that Microsoft will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a prize, or from participation in this promotion.  Nothing in this clause shall limit Microsoft’s liability in respect of death or personal injury arising out of its own negligence or arising out of fraud.

8. WINNER LIST:
The winners will be required to supply their name and postal address to Microsoft for the purpose of prize fulfilment. The winner’s consent to their surname being made publicly available upon request. The winners’ names will be available upon request for a period of 28 days after the final draw date by written request to wp@33-digital.com.

9. OTHER:
No correspondence will be entered into regarding either this promotion or these Terms and Conditions. In the unlikely event of a dispute, Microsoft’s decision shall be final. Microsoft reserve the right to amend, modify, cancel or withdraw this promotion at any time without notice.

10. GENERAL:
If any provision or part of these terms is deemed void or otherwise unenforceable in law then that provision or part shall be deemed excluded and the remainder of these Terms shall remain in force.

11. GOVERNING LAW:
These terms, the conduct of this promotion and the interpretation and enforcement of these terms and conditions shall be exclusively governed and construed in accordance with the laws of England and Wales, unless you are a Scottish resident, in which case you may choose the law of your own country of residence. Entrants irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales, unless they are a Scottish resident or a resident of Northern Ireland, in which case they may choose the courts of their place of residence.

12. SPIRIT OF THE COMPETITION:
If you attempt to compromise the integrity or the legitimate operation of this promotion 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 promotions, so please play fairly.

Promoter:
Microsoft Limited, Microsoft Campus, Thames Valley Park, Reading, RG6 1WG, England. Please direct any queries or complaints about this promotion to: wp@33-digital.com.