MSN/KLEENEX® Let it Out Space
TERMS OF SERVICE
1. This competition ( the “Competition”) is offered and managed by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 ("Microsoft/We/Our/Us") and is governed by Kimberly-Clark Ltd in connection with its KLEENEX® Let it Out campaign (“KLEENEX®”).
2. Entrants will be deemed to have accepted these terms of service (the “Terms of Service”) when they enter this Competition as described in paragraph 4 of these Terms of Service.
How to Enter
3. The Competition will run from midnight Greenwich Mean Time ("GMT") on 12th of February until midnight GMT on 6th May 2007 (the "Competition Period").
4. In order to participate in the Competition you must create your own web page , including your contact email address, as instructed at the MSN/Kleenex® Let It Out Space located at http://specials.uk.msn.com/kleenex. Once you have registered and created your Web Page you must submit to Us a URL to such Web Page during the Competition Period and as instructed at the Website. By submitting the URL to Us you agree that you are bound by and will comply with these Terms of Service.
5. Each person may only submit one (1) URL as an entry to the Competition. If any person is determined to have submitted more than one (1) URL or is determined to have breached these Terms of Service then he or she shall be disqualified from the Competition.
6. Participation in the Competition is subject to the eligibility requirements set forth in paragraphs 7, 8 and 9 of these Terms of Service, Microsoft's prior approval and your continued compliance with the terms of this Agreement. We reserve the right to refuse participation to any applicant or participant at any time in Our sole and absolute discretion, and to withdraw content provided by you to Us pursuant to the Competition or contained in your Web Page (as defined below), suspend, restrict and/or terminate the services provided under these Terms of Service and your participation in the Competition, immediately without notice to you and without liability to Microsoft, for any reason, including repeat violations of Our copyright policy or other Competition policies.
Eligibility
7. In order to participate in the Competition you must be a UK resident aged 18 or older. Players from outside the UK may also submit URLs, but will not qualify for entry in the Competition and will not be eligible to win a prize.
8. In the event that the Winner is determined to be ineligible and/or is disqualified for any reason whatsoever, or declines to accept the relevant prize, the person whose Web Page garnered the second largest number of votes will be selected as an alternative Winner.
9. No responsibility will be accepted for Entries lost, delayed or damaged in transmission.
Content Guidelines
10. You warrant and represent that your Content will be original to you and will not be or contain material which is defamatory, libellous or slanderous, or which might embarrass someone or invade their privacy, or be vulgar, tasteless or obscene, racist, abusive, malicious or derogatory toward an individual or business entity.
11. Your Content must not depict violence or other illegal activity (including but not limited to assault, drug usage, images of child abuse or breaking and entering). We may notify the police if We receive such content.
12. Your Content must not prominently contain or feature advertising or promotional materials.
13. Your Content must not contain abundant gratuitous or coarse language.
14. All Content will be reviewed for suitability and compliance with Microsoft’s editorial criteria before it is posted on the Website. Submitting Content does not guarantee that it will be published on MSN and Microsoft may reject or accept your Content for any reason in its absolute discretion. Further, Microsoft may at any time and without notice or further liability to you: (1) remove the Content hosted at your Web Page; and (2) notify law enforcement authorities if your Web Page depicts illegal conduct.
Intellectual Property
15. By submitting the Content to Microsoft or including the Content in your Web Page as described in paragraph 4 you hereby grant to Microsoft a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display and perform the Content which you submit to Microsoft in connection with the Competition and Microsoft’s business, including without limitation as described in these Terms of Service and for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website an irrevocable and perpetual non-exclusive license to access your Content Microsoft and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Website and under these Terms of Service.
How to Win
16. Each eligible Web Page will be made accessible for viewing at the “Let It Out Spaces” page of the Website (the “Voting Page”), from the start of the Competition Period until the start of the Final Voting Period (as defined below).
17. Visitors will be able to vote for each Web Page accessible at the Voting Page for a period of two (2) weeks following the date on which the relevant Web Page is first made accessible at the Voting Page. Following such two (2) week period Web Pages will continue to be accessible on the Voting Page, although they may be displayed further down the page and, with the exception of the Final Voting Period, visitors will not be able to cast any further votes for .
18. Each fortnight, except for during the Final Voting Period (as defined below), Microsoft will select at its sole discretion its four (4) favourite Web Pages to be made accessible via the home page of the Website. Selected Pages will be accessible via the home page of the Website for a period of two (2) weeks and will also be placed on the Voting Page as normal. Selected Pages may be voted for at the Voting Page for a period of two (2) weeks as described in paragraph 17.
19. From 23rd April 2007 until 6th May 2007 all of the Web Pages except the ten (10) Web Pages with the largest number of votes will be removed from the Voting Pages. During the Final Voting Period visitors to the Voting Page will only be able to vote for the Finalists.
20. Following the end of the Final Voting Period,the Competition participant who contributed the Finalist with the largest number of online votes cast via the Voting Page during the Final Voting Period will be selected as the winner of the Competition. In the event that there is a tie between two (2) or more Web Pages with the largest number of online votes Microsoft will appoint an independent judge who will review the relevant Web Pages and select their such favourite Web Page at their sole discretion as the Winner.
Prize
21. The prize which will be awarded to the Winner of the Competition will be a technology bundle to a value of one and a half thousand pounds (£1,500) and comprising a Toshiba laptop and a webcam and headset.
22. The name of the Winner and the URL to their Web Page will be announced on the Website by 9th May 2007 and will remain posted for a period of two (2) weeks..
23. On or around 9th May 2007 Microsoft will notify the Winner by posting a link on their Web Page to the relevant section of the Website announcing that they are the Winner.
24. Microsoft reserves the right to substitute the prize with alternative prize of equal value. No cash alternatives are available.
Aggregation
25. You acknowledge and agree that Microsoft and KLEENEX® may, in their sole discretion and without notice to you, determine aggregation of the content, look and feel, layout, placement and design of your Web Page, with other content.
Your Liability
26. You shall be solely responsible for your own Content and your Web Page and the consequences of posting or publishing it. In connection with Content, you affirm and/or represent that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise Us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content which you submit or include on your Webpage to enable inclusion and use of the Content in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person contained in or featured on the Web Page and/or Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Website and these Terms of Service.
27. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
Privacy
28. Information which We obtain about your use of MSN will be used only in accordance with these terms, Our Privacy Policy and, generally only to provide and manage the MSN service.
Our Liability
29. In no event shall Microsoft, their respective officers, directors, employees, or agents, be liable to you in contract, tort (including negligence) or otherwise for any losses which are not currently foreseeable by Microsoft arising out of these Terms of Service or your use of the Website. Microsoft shall not be liable for any attempts by you to participate in the use of the Website by methods, means or ways not intended by Microsoft. Nothing in these Terms of Service will operate so as to exclude any liability Microsoft may have in respect of either fraud, or death, or personal injury caused by the negligence of Microsoft.
Compensation
30. You agree that you will compensate Microsoft, its respective parent corporations, officers, directors, employees and agents, in full for any losses or costs (including but not limited to reasonable lawyer's fees) which they incur arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that your Web Page or any of your Content caused damage to a third party. This compensation obligation will survive any termination or expiry of these Terms of Service and your use of the Website.
Contact Information
31. If you have any queries or problems please contact Us via email at msnspecials@hotmail.co.uk.
General
32. If any provision or part of these Terms of Service is deemed void or otherwise unenforceable in law then that provision or part shall be deemed excluded and the remainder of these Terms of Service shall remain in force.
33. The conduct of this Competition and the interpretation and enforcement of these Terms of Service is governed by the laws of England, unless you are a Scottish resident, in which case you may choose the law of your residence. You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales unless you are a Scottish resident or a resident of Northern Ireland in which case you may choose the courts of your place of residence.