MICROSOFT ADVERTISING PROMOTION TERMS AND CONDITIONS

  1. Instructions on how to participate in the Microsoft Advertising promotion (Promotion) form part of the terms and conditions of entry. By participating entrants agree to be bound by these terms and conditions.
  2. The promoter is Microsoft Pty Limited, ACN 002 589 460, of 1 Epping Road, North Ryde, New South Wales, 2113 (Promoter).
  3. This Promotion is open only to advertising agencies who engage with the Microsoft Advertising platform, and authorised representatives of such agencies who are the age of majority in their country and whose agency is legally domiciled in Australia,New Zealand, or Israel. If you have not reached the age of majority to contractually obligate yourself in the country where you reside, then you must have the consent of a parent or legal guardian (Eligible Entrants).
  4. Employees and directors of Microsoft Pty Limited and its subsidiaries, affiliates, advertising agencies, and Promotion parties are not eligible to enter this Promotion, nor are persons involved in the execution or administration of this Promotion, or the family members of each of the above (parents, children, siblings, spouse/domestic partners, or individuals residing in the same household). Entries are void where prohibited.
  5. If an Eligible Entrant is participating in his or her capacity as an employee, it is the Eligible Entrant’s sole responsibility to comply with the Eligible Entrant employer’s gift policies. Microsoft will not be party to any disputes or actions related to this matter. Microsoft is committed to complying with government gift and ethics rules and therefore government and public sector employees are not eligible to enter.
  6. The Promotion commences at 12:01 a.m. AEDT on 1 January 2021 and ends at 11:59 p.m. AEDT on 28 February 2021 (Promotion Period).
  7. To enter, an Eligible Entrant must do all of the following:
  8. An entry must meet the following content/technical requirements:
  9. Any attempt by an Eligible Entrant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations, logins, or any other methods will void an Eligible Entrant’s entries and the Eligible Entrant may be disqualified. Use of any automated system to participate is prohibited.
  10. All valid entries received during the Promotion Period will be reviewed by the Promoter. This is a game of skill and chance plays no part in determining the winners. Pending confirmation of eligibility, potential prize winners will be selected by the Promoter or their Agent or a qualified judging panel from among all eligible entries received based on the inclusion of Microsoft Advertising features and audience (50%) and the ability to illustrate the value of working with Microsoft Advertising (50%) (Judging Criteria).
  11. In the event of a tie between any Eligible Entrants, an additional judge will break the tie based on the judging criteria described above. The decisions of the judges are final and binding.
  12. Eligible Entrants have the opportunity to win the following prizes:
  13. The total value of all prizes is approximately AUD $3,350 or NZD$3,350 or ILS 8,300
  14. Winners will be selected within 7 days of the Promotion Period. Winners will be notified via the contact information provided during entry no more than 7 days following the Prize draw with Prize claim instructions. Prizes will then be sent to the winners no later than 28 days after winner selection.
  15. If a selected winner cannot be contacted, is ineligible, fails to claim a Prize or fails to return any required forms in the time period stipulated in the notification email, the selected winner will forfeit their Prize and an alternate winner will be selected, time allowing. Only three alternate winners will be selected, after which unclaimed prizes will remain unawarded.
  16. If the potential winner is under the age of 18, the Promoter may require the potential winner’s parent or legal guardian to sign all required forms on behalf of the potential winner.
  17. The Promoter will not award more than the stated number of Prizes. No substitution, transfer, or assignment of Prizes is permitted, except that the Promoter reserves the right to substitute a prize of equal or greater value in the event the offered prize is unavailable.
  18. The stated Prize value is the recommended retail value (including GST) in Australia and New Zealand as provided by the supplier and is correct at the time of printing. The Promoter accepts no responsibility for any variation in the value of the Prize. The Promoter and its officers, employees, agents and associated companies accept no responsibility for Prizes damaged or lost in transit.
  19. Any costs associated with entering the Promotion, including accessing any website, are the responsibility of the Eligible Entrant. Any costs or taxes arising from, or in connection with acceptance of the Prize, including fringe benefit taxes, are the responsibility of the winners and not the Promoter.
  20. The Promoter is not responsible for excess, lost, late, or incomplete entries. If disputed, entries will be deemed submitted by the “authorised account holder” of the email address, social media account, or other method used to enter. The “authorised account holder” is the natural person assigned to an email address by an internet or online service provider, or other organisation responsible for assigning email addresses.
  21. By submitting an entry, the Eligible Entrant grants the Promoter an irrevocable, royalty-free, worldwide right and license to use, review, assess, test and otherwise analyse the entry and all its content in connection with this Promotion and use the entry in any media whatsoever, including a public website, now known or later invented for any non-commercial or commercial purpose, including, but not limited to, the marketing, sale or promotion of the Promoter’s products or services, without further permission from the Eligible Entrant. The Eligible Entrant will not receive any compensation or credit for use of the entry, other than what is described in these terms and conditions.
  22. By entering, Eligible Entrants acknowledge that the Promoter may have developed or commissioned materials similar or identical to the Eligible Entrant’s entry and the Eligible Entrant waives any claim resulting from any similarities to the entry. Further the Eligible Entrant understands that the Promoter will not restrict work assignments of representatives who have had access to the entry and the Eligible Entrant agrees that use of information in the Promoter’s representatives’ unaided memories in the development or deployment of the Promoters products or services does not create liability for the Promoter under this agreement or copyright law.An Eligible Entrant’s entry may be posted on a public website. The Promoter is not responsible for any unauthorised use of an Eligible Entrant’s entry by visitors to any public website. The Promoter is not obligated to use an Eligible Entrant’s entry for any purpose, even if it has been selected as a winning entry.
  23. "Microsoft", "we", "our", and "us" refer to Promoter and “you” and "yourself" refers to an Eligible Entrant, or the parent/legal guardian of any minor Eligible Entrant.
  24. These terms and conditions do not, nor do they purport to, limit, exclude or modify any non-eccxcludable statutory guarantees as provided under the Competition and Consumer Act 2010 (Cth) or the Consumer Guarantees Act 1993 (NZ), or any other warranties (whether express or implied) under any state or federal legislation which cannot be excluded.
  25. Except for any liability that cannot by law be excluded, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Promotion.
  26. To the extent allowed by law, Eligible Entrants agree to release and hold harmless the Promoter 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 Promotion or any Prize won.
  27. To the fullest extent permitted by law and without limiting any other terms and conditions of entry, the Promoter may, in its discretion, terminate, modify or suspend the Promotion. All entrants participating in the Promotion at the point of termination, modification or suspension of the Promotion will be notified by the Promoter in writing. In the event of modification or suspension of the Promotion, the entrant may choose to terminate their participation in the Promotion at no cost.
  28. Details from all entries will be collected and used for the purposes of conducting this Promotion (which may include disclosure to third parties for the purpose of processing and conducting the Promotion) and for publicity purposes surrounding this Promotion, without compensation. By entering this Promotion, Eligible Entrants consent to the use of their information as described. Eligible Entrants may access and/or change their data by following the procedures in the Promoter’s privacy policy which is available at www.microsoft.com/privacystatement. The Promoter will only use personal details for marketing purposes outside those described above if Eligible Entrants “opt in” to join the mailing list when prompted.
  29. Failure by the Promoter to exercise any of its rights contained within these terms and conditions at any time does not constitute a waiver of those rights.
  30. This Promotion is governed by, and construed in accordance with, the laws of the State of New South Wales and by entering the Promotion, Eligible Entrants consent to the exclusive jurisdiction of the courts of the State of New South Wales.

NSW Permit No. LTPS/XX/XXXXX