This competition (the "Competition") is open to residents of the United Kingdom ("Territory") aged thirteen (13) and over except employees of Microsoft Limited ("Microsoft") and their respective subsidiaries, affiliates, advertising and promotion agencies and their immediate families (defined for the purpose of these Terms as husband, wife, mother, father, sister, brother, son, daughter, or persons residing in the household of such employees), and anyone else professionally connected with this Competition. The Promoter reserves the right to verify the eligibility of Entrants and check their identity. Entrants who are under eighteen must seek their parent or guardian's permission before entering this Competition.
Entrants will be deemed to have accepted these terms of service ("Terms") when they enter this Competition as described in paragraph 6 of these Terms.
The Competition will start at 1.00pm Greenwich Mean Time ("GMT") on 19 June, 2008 and end at 12.59pm GMT on 10 September, 2008 (the "Competition Period").
Voting Entries (as defined below) can be made throughout the Competition Period. Submission Entries (as defined below) can be made from 1.00pm GMT on 19 June 2008 until 12.59pm on 31 July 2008. No Entries received outside these entry periods will be eligible to win a Prize.
No purchase is necessary to enter the Competition. There is no limit on the number of Entries which each entrant may submit during the Competition Period.
To be eligible to win a prize, Entrants must visit www.iconicbritain.co.uk (the "Website") and either:
submit a vote by selecting one of the five emoticons ("Voting Entry); or
submit an image. To submit an image, perform a Live Search to find an image which represents Britain. Drag the image into the competition toolbar and click "Next". Entrants must then give the image a name, select the appropriate category, give an explanation why the image represents Britain and click "Submit" ("Submission Entry");
(together, an "Entry", and persons making such Entries, an "Entrant").
Entrants acknowledge that some images generated by Live Search may be subject to the intellectual property rights (including copyright) of a third party. Microsoft does not encourage or condone Entrants submitting images to the Competition that infringe the rights of a third party. In the event Microsoft is notified that an image infringes the intellectual property rights, or any other right, of a third party it shall promptly remove the image from the Competition.
Entrants must not submit an image or text to the Competition which is: offensive, obscene, pornographic, defamatory or infringes any right of any person. In the event Microsoft is notified that any Entry breaches this term, such Entry shall be promptly removed from the Competition.
Entries that are incomplete will be deemed invalid. No responsibility will be accepted for Entries lost, delayed or damaged in transmission.
If any person is determined to have breached these Terms they will be disqualified. In the event that a Winner is disqualified the Prize will be withheld and an alternative winner shall be randomly selected.
After an Entrant submits an Entry they will be taken a new page. If this page has a green header (randomly decided by an automated process) ("Winners Page") the Entrant will be a winner ("Winner") and will be entitled to one of the Prizes set out at paragraph 14 below.
An email address and winning code will be displayed on the Winners Page. Winners must send an email to the email address given on the Winners Page to provide their name, address and winners code.
Microsoft's decision is final and binding. No correspondence will be entered into regarding the Competition.
The prizes will consist of:
a Nikon Coolpix S550 camera. Two hundred and eighty (280) are available to be won for entrants making a Voting Entry; and
a Nikon D60 DSLR camera. Fifty (50) are available to be won by entrants making a Submission Entry. (each, a "Prize"). No cash alternative is available.
The Winner will be notified by email or telephone by Thin Martian within one (1) week of the end of the competition period. In the event that the Winner does not respond within four (4) weeks, the Winner will be deemed to have forfeited the Prize and an alternative Winner will be randomly selected. The Winner may be required to participate in publicity connected with this Competition.
In order to claim a Prize, the Winner must click on the link displayed in the header which will link to the Winners page where a unique PIN number will be allocated to the Winner. The Winner must fill in the form and provide a contact email address, postal address and telephone number. Prizes will then be forwarded to the winner within 60 days of the end of the competition period.
No cash alternatives to the Prizes in paragraph 14 are available.
The Winners need to keep a record of their unique PIN numbers since if lost the number cannot be reissued. If a PIN number is lost the Prize cannot be claimed and will be forfeited. Users must not pass their PIN number to another person, as to do so shall constitute forfeiting the Prize.
19. The rules and conditions of any third party supplier of Prizes may apply and must be accepted and complied with by the Winners.
20. The collection of personally identifiable information for the purposes of this Competition will be subject to the Privacy Statement at http://privacy.microsoft.com/. Specifically, the data collected through this Competition will be used to send an email to Entrants to confirm where the Entrant has won a Prize. All personally identifiable information will be deleted approximately six (6) weeks after the Winner is selected. By entering this Competition, you expressly consent to the use of your personally identifiable information in accordance with the Privacy Statement.
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.
These Terms, the conduct of this Competition and the interpretation and enforcement of these Terms 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.
The promoter is Microsoft Limited, Building 3, Floor 3, Zone 4 Thames Valley Park, Reading RG6 1WG, UK (the "Promoter"). Please direct any queries or complaints regarding the Competition to either this address or email msncompetitions@thin-martian.com
Microsoft cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Entrants 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 the Prize or from participation in this Competition. Nothing in these Terms shall limit Microsoft's liability in respect of: (i) death or personal injury arising out of its own negligence (ii) arising from fraud; or (iii) any other liability which cannot be limited or excluded by law.