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The Microsoft Get Game Smart Video Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN

PLEASE READ AND REVIEW UPDATED OFFICIAL RULES BELOW.

To help ensure that everyone has enough time to submit the best entry possible, we’ve extended the deadline for you to submit your entry into the Get Game Smart Video contest until March 22, 2009 at 11:59 p.m. EST. So, you can keep working on your entry and resubmit it before this new deadline. Please read the revised Official Rules below for full details.

1. Eligibility: The Microsoft Get Game Smart Video Contest (the "Contest") is open only to parents/ legal guardians of a "teenage child" (for purposes of this Contest, a "teenage child" is at least (thirteen), 13 but not more than (eighteen) 18 years of age) who are legal residents of the fifty (50) United States (including the District of Columbia) and who are at least eighteen (18) years old at the time of entry and who did not purchase any products, services or equipment for the purposes of entering this Contest. Employees of Microsoft Corporation, Edelman, The Glover Park Group, LLC, ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

2. Sponsor: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on January 14, 2009 at 12:00 a.m. Eastern Time ("ET"), ends on May 15, 2009 at 11:59 p.m. ET (the "Contest Period") and consists of three (3) phases as set forth in the chart below.

Phase Starts at 12:00 a.m. ET Ends at 11:59 p.m. ET
Submission January 14, 2009 March 22, 2009
Judging March 23, 2009 April 15, 2009
Voting April 16, 2009 May 15, 2009

 

Sponsor's computer is the official time-keeping device for the Contest.

5. How to Enter: During the Submission Phase, visit http://www.getgamesmart.com and follow the links and instructions to register for the Contest. Complete the registration, including a valid email and home mailing address. P.O. Boxes are not permitted. When prompted, submit one (1) video, no longer than two (2) minutes in duration, that stresses the importance of establishing rules about screen time including video gaming (each, a "Subsmission"). Your video should include two (2) segments: the first segment (up to one (1) minute in length) must stress the importance of establishing rules about screen time including video gaming, and the second segment (up to one (1) minute in length) must feature you and your teenage child discussing your first segment and addressing the following questions: (a) What is the most important message you are trying to communicate through your video(?), (b) Why is a healthy media diet important to you(?); and (c) What did you learn through the making of this video(?). By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.

Submission Guidelines:

  • The Submission must be in Windows Media Video (WMV) or QuickTime (MOV) format;
  • The Submission must cannot exceed two (2) minutes in length, and must consist of the two (2) segments (each no longer than one (1) minute in length) as set forth in the "How to Enter" section, above;
  • The Submission must not exceed ten (10) MB in size; and
  • The Submission must include only the first name of the teenage child featured in it.

Content Restrictions:

  • The Submission must feature the entrant (a parent) and his/her teenage child or ward. Sponsor reserves the right to request entrant provide proof that he/she is the parent/legal guardian of the teenage child featured in the Submission; The Submission must incorporate a reference to entrant's family's rules related to playing video games on an Xbox 360 or Xbox console or a Windows PC;
  • The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement
  • The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
  • The Submission must not contain brand names or trademarks, or logos, other than Microsoft's mark, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest;
  • The Submission must not contain music, footage, images, photos or artwork not created by entrant;
  • The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.

For All Submissions: Limit: You may submit one (1) Submission during the Submission Phase, unless entrant is the parent/legal guardian of more than one (1) teenage child/ward, in which event he/she may submit one (1) Submission per teenage child/ward. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Entry to use their name and likeness in the Entry and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. All Submissions will not be acknowledged or returned. In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to register for the Contest will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The entrant may be required to show proof of being the authorized account holder.

Other than what is set forth below, we are not claiming any ownership rights to your entry. However, by entering a Submission in this Contest, you agree to:

  • Grant Sponsor an irrevocable, royalty-free, worldwide right and license to: (i) use, publish, review, assess, test and otherwise analyze and judge your Submission and all its content in connection with this Contest; (ii) modify your Submission and all its content, as necessary to publish it in the online voting gallery for the Voting Phase of this Contest; (iii) publish, distribute and otherwise use your Submission, and all into content, in whole or in part, in connection with the promotion of this Contest in all media (now known or later developed) without attribution or compensation to the entrant, his/her successors or assigns, or any other entity, unless prohibited by law; and (iv) use and publish your name and likeness and the name and likeness of all individuals included in the Submission, including, but not limited to your image, voice, actions, appearance and biological information; in any and all media now known or hereafter devised, worldwide in perpetuity in or in connection with the Contest, and in television, radio, internet, print and other advertisements and promotions for the Contest;
  • Agree to sign any necessary documentation that may be required for Sponsor and its designees to make use of the rights you granted above;
  • Understand and acknowledge that Sponsor and/or its designees may have developed or commissioned materials similar or identical to your Submission and you waive any claims you may have resulting from any similarities to your entry;
  • Understand that Sponsor and/or its designees cannot control the incoming information you will disclose to our representatives in the course of entering, or what our representatives will remember about your entry. You also understand that Sponsor and/or its designees will not restrict work assignments of representatives who have had access to your entry. By entering this Contest, you agree that use of information in Sponsor and/or its designees representatives' unaided memories in the development or deployment of products or services does not create liability for Sponsor and/or its designees under this agreement or copyright or trade secret law;
  • Understand that you will not receive any compensation or credit for use of your entry, other than what is described in these Official Rules; and
  • Understand that Sponsor and/or its designees cannot control, and are not responsible for any unauthorized use of your Submission by visitors to web sites where Sponsor and/or its designees publish your entry.

While Sponsor and/or its designees reserve these rights, each are not obligated to use your entry for any purpose, even if it has been selected as a winning entry.

6. Winner Determination: Winners will be determined according to the process set forth below.

(a) Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select up to fifteen (15) entrants with the highest scoring Submissions (the "Finalists") from among all eligible Submissions based on the following criteria ("Judging Criteria"):

  • Ability to refer to rules surrounding video gaming on the Xbox 360 or Windows PC platforms (REQUIRED)
  • Creativity (rated on a scale of 1-10 – 25% of overall score)
  • Concept (rated on a scale of 1-10 – 25% of overall score)
  • Information (rated on a scale of 1-10 – 25% of overall score)
  • Overall presentation (rated on a scale of 1-10 – 25% of overall score)

In the event of a tie, the entrant whose Submission received the highest score in the Creativity category, as determined by the qualified judges in their sole discretion, will be deemed the applicable Finalist. Sponsor reserves the right to select fewer than fifteen (15) Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. At Sponsor's discretion, each potential Finalist will be subject to a background check to confirm his/her appropriateness (as solely determined by Sponsor) to represent Sponsor as a Get Game Smart Ambassador (see Section 8, below). Sponsor reserves the right, in its sole discretion, to disqualify a potential Finalist based on the results of this background check and the eligibility criteria stated within these Official Rules.

(b) Voting Phase: During the Voting Phase, the Finalists' Submissions will be posted in an online gallery for public voting at http://www.GetGameSmart.com. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to vote for the Submission they believe is best. Limit: Each voter may vote one (1) time per day during the Voting Phase. Multiple votes received from any email address in one 24-hour time period will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to the Finalist's compliance with these Official Rules, up to ten (10) Finalists whose Submissions receive the highest number of valid votes during the Voting Phase will be deemed each winners. In the event of a tie, the entrant whose Submission received the highest score in the Creativity Category, as determined by the qualified judges in their sole discretion, will be deemed the applicable prize winner. Sponsor reserves the right to award fewer than the stated number of prizes, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor also reserves the right, in its sole discretion, to select an alternate Grand or First Prize winner should the voting appear to have been tampered with or manipulated in any way.

For the Voting Phase: Multiple voters are not permitted to share the same email address. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, identities or any other method will void that voter's Submission(s) (if any) and votes and he/she will be disqualified from further participation in the Contest. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. Released Parties (as defined in Section 9 below) are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected votes, which will be void. In the event of a dispute as to any vote, the authorized account holder of the email address used to vote will be deemed to be the voter. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

7. Winner Requirements: Potential winners will be notified by mail, email or phone on or around May 22, 2009. Each potential Grand Prize winner (parent/legal guardian if entrant is 18, but considered a minor in his/her state of residence) will be required to execute and return to Administrator, within seven (7) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") and additional documents required by Sponsor to be a Microsoft Get Game Smart Ambassador (if any) in order to claim his/her prize. If a potential winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit within the required time period, is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsor's sole discretion. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the winner's, name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising, public relations or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Prizes will be delivered to confirmed winners approximately eight (8) to ten (10) weeks after the conclusion of the Contest.

8. Prizes: TEN (10) GRAND PRIZES: Each winning team will receive a prize package consisting of $1,000, an Xbox 360 Pro console, two (2) one (1) year Xbox LIVE Gold memberships, two (2) 1600 Microsoft Points cards, a suite of Sponsor selected Xbox 360 family-oriented games (four (4) per team), two (2) Zune 8GB digital media players, two (2) 3-month Zune subscription cards, 2000 Zune Points, Microsoft Hardware products (SideWinder X8 Mouse and SideWinder X6 Keyboard), two (2) Insignia® 7.0-Megapixel Digital Cameras, and participation in the Microsoft Get Game Smart Ambassador Program from June 1, 2009 through June 30, 2010. For Memberships, Points Cards and Gift Cards: Terms and conditions of Xbox LIVE Gold memberships, points cards and Zune subscription cards apply. For Get Game Smart Ambassador Program: Each Grand Prize winner agrees to participate in any and all Microsoft Get Game Smart Ambassador events (including, but not limited to, education events, media interviews, panel discussions, blogging opportunities and travel opportunities) arranged by Sponsor related to the Contest and not to disparage the Sponsor prior to, during, or after the events and/or interviews. Each Grand Prize winner agrees that he/she shall not conduct or participate in any media interview regarding this Contest or Microsoft, without the express written permission of Microsoft Corporation. Sponsor, in its sole discretion, has the right not to have the Grand Prize Winner appear on behalf of Sponsor at any public appearances and/or media events. For All Prizes: Approximate Retail Value ("ARV"): $2,500. The ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer's terms and conditions, and winners agree to look solely to such manufacturers for any such warranty or guarantee claim. Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. Limit: One (1) prize per household. All prize details are at Sponsor's sole discretion.

9. Release: By participating, entrant agrees to release and hold harmless the Sponsor, Edelman, The Glover Park Group, LLC, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

13. Entrant's Personal Information: Information collected from entrant is subject to Sponsor's Privacy Policy posted on the Contest web site.

14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than October 1, 2009. For the Winner List, send an email with subject line: "The Microsoft Get Game Smart Video Contest, Winner List Request," to WinListRequests@eprizefulfillment.com.

© 2009 ePrize, LLC. All rights reserved.

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