Windows Phone

My kind of competition: play

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 who is i) a registered user of the Website http://www.twitter.com (“Twitter“) and is ‘following’ @mykindofphone on Twitter on the closing date on the closing date. IF YOU ARE NOT A REGISTERED MEMBER OF THE ABOVE WEBSITE 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, spouses 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 Twitter. In order to register with Twitter go to: http://www.twitter.com and follow the instructions.

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

The objective of the competition is to garner support for your gaming ‘clan’ and to win the prize; the most popular clan, as evidenced by the highest total number of mentions on Twitter by the closing date of the Entry Period (described in section 3 below) wins. To enter, you must create a personal, unique ‘clan name’, of your choosing, and using the following format, leave a comment on the website www.mykindofphone.com/play-competition and build support on Twitter for this ’clan name’.

1. Leave a comment on the entry page www.mykindofphone/play-competition that contains your Twitter username and a unique ‘clan name’ that begins with “#mkop-[inert your clan name here]” and ends with up to 20 characters of your choice.
2. Add a sentence or two to the comment indicating why you think you and your gamer clan should win the private big screen gaming experience (as further described in Section 7 below).
3. Follow ‘my kind of phone’ on Twitter at www.twitter.com/mykindofphone;
4. Build support for your entry by encouraging friends to send a tweet containing the clan name that you have nominated in the format described in item 1 above.

Entrants must make their submission within the time period set out in section 3 below. Any entries deemed to be offensive, abusive (including the use of profanity) or to contravene English 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 section 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:
This promotion runs from 09:00:00 am GMT on 04/06/2010 until 17:00:00 pm on 11/06/2010 (inclusive). To be eligible, all entries must be received by 14:00:00 pm on 11/06/2010 (the “Entry Period”), after which the gamer clan with the largest number of Twitter mentions will identified and notified as the winner on 11/06/2010.

4. USE OF YOUR ENTRY:
By submitting your entry you grant Microsoft and its affiliates an unlimited, irrevocable, worldwide, royalty-free, perpetual, non-exclusive right and license to use, reproduce, publish, modify, perform and display the entry and its content (for the avoidance of doubt, including the photograph submitted as a part of the entry) on the Website or any replacement or successor to such web page, any Microsoft sub domains, and in any marketing or advertising of any kind related thereto, in any medium now known or later developed.

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:
There will be one winning gamer clan which will be measured by the gamer clan name that has received the greatest number of total mentions on Twitter at 14:00pm 11/06/2010. We’ll be keeping count and posting a league table showing number of mentions per clan every day at midday. Only one (1) mention per Twitter profile will count and mentions must come from a valid profile registered on 01/06/10 or before.

If the chosen winner cannot be contacted to confirm their acceptance of the prize, through no fault of Microsoft, within three (3) days by 14:00:00pm on 14/06/10, the winner forfeits the prize and an alternative winner will be selected (the entry with the second highest number of mentions on Twitter) and the same process will be repeated with this alternate having one (1) day to respond until a response is received and a winner confirmed. The winner may be required to participate in further publicity or advertising.

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:
The prize is a big screen gaming experience for the winner and fifteen (15) of his/her chosen friends (his/her gamer clan). The prize package will include a seven (7) hour big screen private gaming event held at a private London cinema (location to be confirmed based on dates and availability), complete with video gaming consoles and games to be played on the big screen (as applicable), and the screening of 1 classic gamer film. Food and drinks with a value of up to eight hundred pounds sterling (GBP £800) will be supplied during the course of the day, the prize package will also include one (1) HTC HD2 Windows Phone for the prize winner.

Microsoft will not be responsible for the winner and the winner’s chosen friends’ travel expenses to and from and around London and accommodation in London (where applicable) in order to take up the prize. The gaming experience day must take place prior to 31^st July 2010.

Prizes are as stated and are not transferable. Microsoft expects the winners to behave responsibly at all times, and can take no responsibility for their actions. Unless otherwise stated, all prizes are subject to their manufacturer’s warranty and/or terms and conditions. Microsoft is 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 winner will be required to supply their name and postal address to Microsoft for the purpose of prize fulfilment. The winner consents to his or her surname being made publicly available upon request. The winner’s name will be available upon request for a period of twenty eight (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 reserves 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.