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Terms and Conditions
Following terms and conditions(the "Terms and Conditions") shall apply to the
scheme (detailed below). For the purposes of these Terms and Conditions, the
term Microsoft, when used with reference to a legal entity, shall mean
by Microsoft Corporation (India) Pvt. Ltd. and
include its Affiliates, as defined hereunder. The scheme is detailed below (the
"Scheme"):
Microsoft® BhashaIndia Indic Developer Challenge.
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The Scheme shall run from Jan 27th, 2005 (12:00:01 Noon IST) to May 20th, 2005
(11:59:50 PM IST). Microsoft can curtail or extend the Scheme duration, as it
deems necessary.
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The Scheme shall be valid in India only.
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Following shall be entitled to participate in the Scheme ("Participant"):
(i) College students pursuing either Under Graduate or Post Graduate Courses
________________
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An employee, agent or a relative of an employee of Microsoft, or its parent
company Microsoft Corporation, USA shall not be eligible to participate in the
Scheme.
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Each Participant must ensure that his/her participation in the Scheme is lawful
and is in accordance with the applicable laws.
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A Participant must ensure that his/her duly filled up valid entry form in
English language, where it is necessary to fill the same, reach the offices of
Microsoft at
Microsoft BhashaIndia Indic Developer Challenge Cell
c/o Webchutney Studio (P) Ltd,
H16, 2nd Floor, Green Park Extension,
New Delhi - 110016
on or before 25th April 2005, 12:00 noon IST., or in case of on-line
registration, is posted on the Website
http://www.bhashaindia.com/Contests/IDC/index.aspx on or before [25th April
2005]. Microsoft shall not be responsible for any postal delays, transit losses
or mutilation of entry forms.
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While sending your completed application, please ensure that a print out of the
declaration form (generated while submitting your entry) duly signed is
attached with your entry.
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No participation or other fee is required to be paid for participating in the
Scheme.
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The Participant agrees to provide Microsoft current, complete and accurate
information.
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An incomplete entry form or on-line registration by a Participant shall be
rejected.
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Microsoft reserves the right to reject any entry form without assigning any
reason thereof. Any decision taken in this regard shall be final and binding
and not subject to any dispute or challenge.
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The Participants hereby waive all rights and grant to Microsoft, a
royalty-free, non-exclusive, perpetual worldwide license to copy, modify and
otherwise use and distribute their submission entry and, or, any element of the
submission, in any and all media and in any publication whether online, offline
or on the Internet. Microsoft shall also be free to use any ideas, concepts,
know-how or techniques contained in such submissions or materials for any
purpose.
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Microsoft does not make any commitment, express or implied, to respond to any
feedback, suggestion and, or, queries of the Participants or furnish reasons
for inclusion and, or, exclusion of any particular submission of the
Participant at any stage of the Scheme.
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Microsoft may assign any or all of its rights under these Terms and Conditions
to its Affiliates without consent of the Participants.
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Participation in the Scheme shall be construed as an acceptance of the Terms
and Conditions stipulated herein. Any breach or default by a Participant of any
of the Terms and Conditions herein shall result in immediate disqualification
without notice.
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The Participant undertakes and declares that for participating in the Scheme,
he/she shall not use any unauthorized or pirated software. In the event, a
Participant is found to be doing so, such Participant shall forthwith be
disqualified from participating in the Scheme.
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The Microsoft officials engaged in the organization and management of the
Scheme, including its directors, officers, partners, employees, consultants and
agents are under no obligation to render any advice or service to any
Participant in respect of the Scheme.
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Following will be the prize or benefits ("Benefits") under the Scheme:
-Toshiba Tablet PC M200 Part Number PPM 21L-027JT
- (5) Windows Powered Smartphones
- 50 Cash Prizes for Rs 2500
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The selected Participant(s) shall have thirty (30) days from date of
notification of their selection to respond at the notified place. Failure to
respond within this period shall result in forfeiture of the Benefits.
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The name(s) of the selected Participant(s) shall be announced on the website
www.bhashaindia.com/Contests/IDC. All selected Participants shall be informed
individually by mail (e-mail or normal post). However, there shall be no
liability on Microsoft in the event such mail does not reach such Participants
on any account whatsoever.
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The decision on the Participants selected by Microsoft shall be final and
binding and no correspondence or communication shall be entertained in this
regard.
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Microsoft or its Affiliates shall be entitled to use, in any manner, the name,
photographs and other details of the Participant or any other participating
person, likeness and status in any publication including the Benefits awarded
to them, if any. By participating in the Scheme, all Participants hereby agree
to the same. Microsoft may, at its discretion, choose not to disclose the
identity of the selected Participant to other Participants.
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Benefits shall neither be transferable nor exchangeable for cash or otherwise.
Mere participation in the Scheme shall not entitle a Participant to the
Benefits. No other person or agent can claim the Benefits on behalf of the
Participant.
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In the event the Benefits involve manufactured items, these shall be subject to
manufacturer's terms and conditions for warranty, service and maintenance, and
Microsoft does not accept any responsibility for the same.
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Where the Benefits under the Scheme are items/goods, these shall be subject to
availability. Microsoft at its discretion can provide alternate items of
equivalent value. Pictures of the items/goods shown in the Scheme brochure may
differ from the items/goods given.
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In the event Benefits involve travel, the selected Participant shall be
responsible for procuring and paying the cost of all the legal documents and
procedures in order to travel, including passports, visas, taxes and any other
documents. All travel arrangements relating to the Benefits are subject to
availability, as determined in Microsoft's sole discretion.
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Any Microsoft Product under the Scheme shall also be available without the
Scheme.
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Taxes and other levies imposed by any relevant applicable government or tax
authority, as well as other costs including, insurance and incidental costs,
that may be levied or incurred on the Benefits shall be fully borne by the
selected Participants. All cash Benefits shall be subject to deduction of
applicable withholding taxes.
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Subject to any applicable law
(a) All warranties of any kind whatsoever, whether express or implied, are
hereby expressly disclaimed by Microsoft including, but not limited to, meeting
of the Participant's requirements or aspirations, timeliness, security, the
results or reliability of any Scheme, or the delivery, quality, quantity,
merchantability, fitness for use or non infringement in respect of any goods,
services, benefits or awards acquired or obtained through the Scheme or any
transactions effected through the Scheme;
(b) The Participant expressly agrees that his/her participation in the Scheme
offered by Microsoft is at the Participant's sole risk and is governed by the
Terms and Conditions herein; and
(c) No advice or information whether by representations, oral, written or
pictorial derived from the website or through the Scheme shall be construed to
mean the giving of any warranty of any kind by Microsoft.
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Nothing in the Scheme shall affect any intellectual property rights of
Microsoft in any product or service, which may be the subject matter of the
Scheme.
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All perpetual and worldwide intellectual property rights, including any
copyright in the applications developed by the Participants and, or, their
submissions, feedback, material and the like shall be owned by Microsoft.
Microsoft shall be entitled to exploit the same in any manner whatsoever.
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The Scheme shall be governed by and construed in accordance with the laws of
India. Any disputes, differences and, or, any other matters in relation to and
arising out of the Scheme and, or, pertaining to the rules and regulations and,
or, the Terms and Conditions shall be referred to arbitration under the
Arbitration & Conciliation Act, 1996. The arbitral tribunal shall consist
of a sole arbitrator to be appointed by Microsoft. The venue of arbitration
shall be New Delhi.
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The Participant undertakes to indemnify and keep Microsoft harmless and
indemnified against any loss, damage, claims, costs and expenses which may be
incurred or suffered by Microsoft due to breach of any Terms and Conditions
contained herein by the Participant and, or, arising from the participation of
the Participant in the Scheme.
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In addition to these Terms and Conditions, other specific terms may be imposed
by Microsoft any time to deal with any unforeseen situation. Microsoft also
reserves the absolute right to change the Terms and Conditions contained herein
and, or, any other rules and regulations in respect of the Scheme at any time
without any notice, without assigning any reason and without any liability
whatsoever. Participants are requested to refer to such other terms and
conditions, if any, which may be displayed on-line or intimated separately as
Microsoft considers fit. However, no obligation is cast on Microsoft to
separately intimate each individual Participant with regard to such additional
terms and conditions.
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Microsoft also reserves the right to withdraw or discontinue with the Scheme at
any stage without any liability whatsoever to the Participant and, or, anyone.
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An 'Affiliate' means any legal entity owned or control by Microsoft, which owns
or controls Microsoft or which is under common ownership or control with
Microsoft. The term 'ownership' means more than 50% direct or indirect
ownership/shareholding and the term 'control' means direct or indirect control
of the management or the board of directors.
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