These Official Rules (“Rules”) govern the operation of the Microsoft SwiftKey Photo Themes Contest (“Contest”). Microsoft Corporation, One Microsoft Way, Redmond, WA, 98052, USA, is the Contest sponsor (“Sponsor”).
In these Rules, "Microsoft", "we", "our", and "us" refer to Sponsor and “you” and "yourself" refers to a Contest participant, or the parent/legal guardian of any minor Contest entrant. By entering you (your parent/legal guardian if you are a minor) agree to be bound by these rules.
3. ENTRY PERIOD
The Contest starts at 12:01 a.m. Pacific Time (PT) on November 9, 2017, and ends at 11:59 p.m. PT on November 30, 2017 (“Entry Period”).
The Entry Period consists of three (3) weekly Prize Periods, each beginning at 12:01 a.m. PT on Monday and ending at 11:59 p.m. PT the following Sunday, during each week of the Entry Period.
To enter, you must be 14 years of age or older and have an active Twitter account. Minors must have consent of a parent or legal guardian.
Employees and directors of Microsoft Corporation and its subsidiaries, affiliates, advertising agencies, and Contest Parties are not eligible, nor are persons involved in the execution or administration of this promotion, or the family members of each above (parents, children, siblings, spouse/domestic partners, or individuals residing in the same household). Void in Cuba, Iran, North Korea, Sudan, and Syria and where prohibited.
5. HOW TO ENTER
To create an entry, post an image of your use of the photo theme feature using the SwiftKey mobile app on iOS/Android on Twitter with the required hashtag(s).
To submit an entry, login to your legally registered social media account on Twitter and post a publicly viewable message that includes your entry, the Contest hashtag #photothemes and the hashtag #contest. All elements must be included to be eligible. The account settings for this message must be set to “unprotected” or “public” to be eligible. This promotion is in no way sponsored, endorsed, or administered by, or associated with, Twitter. You understand that you are providing your information to the Sponsor and not to Twitter. The information you provide will only be used for administering the Promotion and to contact you if you are a winner.
The entry limit is one per person per day during the Entry Period.
We are not responsible for excess, lost, late, or incomplete entries. If disputed, entries will be deemed submitted by the authorized account holder of the email address, social media account, or other method used to enter.
6. ELIGIBLE ENTRY
To be eligible, an entry must meet the following content/technical requirements:
• Your entry must be your own original work; and
• Your entry cannot have been selected as a winner in any other contest; and
• You must have obtained any and all consents, approvals, or licenses required for you to submit your entry; and
• To the extent that entry requires the submission of user-generated contest such as software, photos, videos, music, artwork, essays, etc., entrants warrant that their entry is their original work, has not been copied from others without permission or apparent rights, and does not violate the privacy, intellectual property rights, or other rights of any other person or entity. You may include Microsoft trademarks, logos, and designs, for which Microsoft grants you a limited license to use for the sole purposes of submitting an entry into this Contest; and
• Your entry may NOT contain, as determined by us in our sole and absolute discretion, any content that is obscene or offensive, violent, defamatory, disparaging or illegal, or that promotes alcohol, illegal drugs, tobacco or a particular political agenda, or that communicates messages that may reflect negatively on the goodwill of Microsoft.
7. USE OF ENTRIES
We are not claiming ownership rights to your Submission. However, by submitting an entry, you grant us an irrevocable, royalty-free, worldwide right and license to use, review, assess, test and otherwise analyze your entry and all its content in connection with this Contest and use your entry in any media whatsoever now known or later invented for any non-commercial or commercial purpose, including, but not limited to, the marketing, sale or promotion of Microsoft products or services, without further permission from you. You will not receive any compensation or credit for use of your entry, other than what is described in these Official Rules.
By entering you acknowledge that the we may have developed or commissioned materials similar or identical to your entry and you waive any claims resulting from any similarities to your entry. Further you understand that we will not restrict work assignments of representatives who have had access to your entry and you agree that use of information in our representatives’ unaided memories in the development or deployment of our products or services does not create liability for us under this agreement or copyright or trade secret law.
Your entry may be posted on a public website. We are not responsible for any unauthorized use of your entry by visitors to this website. We are not obligated to use your entry for any purpose, even if it has been selected as a winning entry.
8. WINNER SELECTION AND NOTIFICATION
Three winners per prize period will be selected: one Grand Prize, a second prize and a third prize. Pending confirmation of eligibility, potential prize winners will be selected by Microsoft or their Agent or a qualified judging panel from among all eligible entries received based on the following judging criteria:
• 34% - How original it is and unique
• 33% - The composition of how the whole keyboard theme image is made up.
• 33% - How closely the entrant followed the weekly theme.
Winners will be selected from among all eligible entries received within 7 days following each weekly Prize Period during the Entry Period.
In the event of a tie between any eligible entries, an additional judge will break the tie based on the judging criteria described above. The decisions of the judges are final and binding. If we do not receive a sufficient number of entries meeting the entry requirements, we may, at our discretion, select fewer winners than the number of Contest Prizes described below. If public vote determines winners, it is prohibited for any person to obtain votes by any fraudulent or inappropriate means, including offering prizes or other inducements in exchange for votes, automated programs or fraudulent i.d’s. Microsoft will void any questionable votes.
Winners will be notified via the contact information provided during entry no more than 7 days following the drawing with prize claim instructions, including submission deadlines. If a selected winner cannot be contacted, is ineligible, fails to claim a prize or fails to return any Forms, the selected winner will forfeit their prize and an alternate winner will be selected time allowing. If you are a potential winner and you are 14 or older, but are considered a minor in your place of legal residence, we may require your parent or legal guardian to sign all required forms on your behalf. Only three alternate winners will be selected, after which unclaimed prizes will remain unawarded.
The following prizes will be awarded:
Three (3) Grand Prizes. A Prize Package consisting of the following items:
A $150 Amazon gift card and an American Apparel hoodie sweatshirt. Approximate Retail Value (ARV) $200.00.
Three (3) Second Prizes. Each winner will receive:
An American Apparel hoodie sweatshirt, a SwiftKey T-shirt and a water bottle. Approximate Retail Value (ARV) $67.00
Three (3) Third Prizes. Each winner will receive:
A water bottle, sunglasses and a sticker. Approximate Retail Value (ARV) $21.00
The ARV of electronic prizes 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. We will determine the value of the prize to be the fair market value at the time of prize award.
The total Approximate Retail Value (ARV) of all prizes: $864.00
We will only award one (1) prize(s) per person/company during the Entry Period. No more than the stated number of prizes will be awarded. No substitution, transfer, or assignment of prize permitted, except that Microsoft reserves the right to substitute a prize of equal or greater value in the event the offered prize is unavailable or is not able to be distributed in the winner’s country. Prizes will be sent no later than 28 days after winner selection. Prize winners may be required to complete and return prize claim and / or tax forms (“Forms”) within the deadline stated in the winner notification. Taxes on the prize, if any, are the sole responsibility of the winner, who is advised to seek independent counsel regarding the tax implications of accepting a prize. By accepting a prize, you agree that Microsoft may use your entry, name, image and hometown online and in print, or in any other media, in connection with this Contest without payment or compensation to you, except where prohibited by law.
The odds of winning are based on the number of eligible entries received.
11. GENERAL CONDITIONS AND RELEASE OF LIABILITY
To the extent allowed by law, by entering you agree to release and hold harmless Microsoft and its respective parents, partners, subsidiaries, affiliates, employees and agents from any and all liability or any injury, loss or damage of any kind arising in connection with this Contest or any prize won.
All local laws apply. The decisions of Microsoft are final and binding
We reserve the right to cancel, change or suspend this Contest for any reason, including cheating, technology failure, catastrophe, war or any other unforeseen or unexpected event that affects the integrity of this Contest, whether human or mechanical. If the integrity of the Contest cannot be restored, we may select winners from among all eligible entries received before we had to cancel, change or suspend the Contest. Rules violators will be prosecuted to the full extent of the law and may be banned from participation in Microsoft Contest.
12. GOVERNING LAW
This Contest will be governed by the laws of the State of Washington, and you consent to the exclusive jurisdiction and venue of the courts of the State of Washington for any disputes arising out of this Contest.
13. WINNERS LIST
Send email to firstname.lastname@example.org with the subject line “SwiftKey Photo Themes Contest winners” within 30 days of November 30, 2017 to receive a list of winners that received a prize worth $25.00 or more.