MSN Autos DREAM DESIGN DRIVE CHALLENGE

official rules

(last updated June 25, 2008)

COMMON TERMS USED IN THESE RULES:
These are the official rules that govern how MSN Autos Dream, Design, Drive Challenge promotion will operate. The participation elements of promotion will collectively be referred to as the “Promotion” throughout the rest of these rules, which include a “Contest” format, a “Sweepstakes” format and a “People’s Choice” format.

In these rules, “we” “our” and “us” refer to Microsoft Corporation the sponsor of the Promotion. “You” “yourself” “I” “me” and “my” refers to an eligible Promotion entrant. “Site” refers to the Promotion’s official website located at www.dreamcarchallenge.com.

NO PURCHASE NECESSARY TO ENTER THE PROMOTION OR RECEIVE A PROMOTION AWARD OR PRIZE.

1. Promotion Description:
This Promotion has three participation elements: a People’s Choice, a Contest and a Sweepstakes format. In addition, you may opt in at registration and receive Microsoft Points (while supplies last) for participating in the Promotion, as described below.

The object of the People’s Choice and Contest formats is to ‘Create Your Dream Car’ by using the ‘Dream Car’ customization options available on the Site in a fashion most appealing to eligible public visitors to the Site, who can rate the Dream Cars, and to the judges per the judging criteria. For purposes of the People’s Choice and Contest formats, each Dream Car created, submitted and screened in the Contest will be called an “Entry” and posted on the Site’s public viewing and rating gallery (or ‘Showroom’ on the Site).

All eligible entries received can be rated by visitors to the Site’s Showroom rating gallery. The entrant whose Entry is most often rated will receive the People’s Choice award described below. The top one thousand (1000) entrants whose Entry is most often rated will be deemed Contest finalists. Finalist’s Entries will be evaluated by a judge(s) based on the judging criteria described below. The judges will select an overall Contest winner, who will receive the Contest grand prize described below.

Entries in the Promotion’s Weekly Sweepstakes are received by: (a) registering for the Promotion; (b) submitting an eligible ‘Dream Car’, which you may do daily; and (c) having your ‘Dream Cars’ rated by public visitors to the Site (e.g. also “Entries” when referred to in the Sweepstakes format). Weekly prizes are described below.

2. What are the start and end dates?
This Promotion starts at 12:00 AM PT on June 25th, 2008 and ends at 11:59 PM PT on August 25th, 2008. This will be referred to as the Entry Period throughout the rest of these rules. The nine (9) “Weekly Periods” for purposes of the Sweepstakes start on Wednesdays and end on Tuesdays throughout the Entry Period (save the last Weekly Period, which ends on Monday, August 25). Unless otherwise specified, a “Calendar Day” within the Entry Period starts at 12:00 AM PT and ends at 11:59 PM PT.

3. Can you enter/rate ‘Dream Cars’?
You are eligible to enter this Promotion if you meet the following requirements:

  • You are a legal resident of the 50 United States (and including the District of Columbia), and you are 18
    years or older at the time of entry; and
  • You are NOT an employee of Microsoft Corporation or an employee of a Microsoft subsidiary; and
  • You are NOT involved in any part of the administration and execution of this Promotion; and
  • You are NOT an immediate family (parent, sibling, spouse, child) or household member of a Microsoft
    employee, an employee of a Microsoft subsidiary, or a person involved in any part of the administration and
    execution of this Promotion.

If you are a minor in your state/district of residence, you should ask your parent’s or legal guardian’s permission prior to submitting an Entry in this Promotion. Members of the public who are legal residents of the 50 US/DC may visit the Site and rate Entries as described in these rules. This Promotion is void outside the geographic area described above and wherever else prohibited by law.

4. How do you register for the Promotion?
Register for the Promotion by following the directions on the Site (www.dreamcarchallenge.com) and completing all mandatory registration requirements. The requirements include creating your first ‘Dream Car’ submission, inputting your contact information, and creating your Promotion account by establishing a password and confirming your agreement to the Promotion rules, privacy statement and terms of use. Special Note: remember that in order to receive Microsoft Points incident to your participation in this Promotion, you MUST opt in upon initial registration.

5. What constitutes an eligible ‘Dream Car’ submission?
To be eligible for public rating and judging, a ‘Dream Car’ Entry must meet the following requirements:

  • Your ‘Dream Car’ must be created and submitted using the sequential steps, as specified on the Site; and
  • Your Entry may not use any personally identifiable information other than a first name or nickname; and

In addition:

  • Your Entry must be your own original work; and
  • You must have obtained any and all consents, approvals or licenses required for you to submit your Entry;
  • Your Entry must not otherwise violate the rights of any other person or company by using their trademarks,
    music, logos, names or images without their express written consent; and
  • Your Entry must be in compliance with the MSN Autos “Code of Conduct”
    (http://help.live.com/help.aspx?project=tou&mkt=en-us).

6. How will my Entry be potentially used?
Other than what is set forth below, we are not claiming any ownership rights to your Entry. However, by submitting your Entry, you (or, if you are a minor, your parent or legal guardian):

  • Are granting us an irrevocable, royalty-free, worldwide right and license to: (i) use, review, assess, test and otherwise analyze your Entry and all its content in connection with this Promotion; and (ii) feature your Entry and all its content in connection with the judging and promotion of this Promotion in all media (now known or later developed);
  • Agree to sign any necessary documentation that may be required for us and our designees to make use of the rights you granted above;
  • Understand and acknowledge that the Promotion Parties 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 we 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 we will not restrict work assignments of representatives who have had access to your Entry. By entering this Promotion, 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; and
  • Understand that you will not receive any compensation or credit for use of your Entry, other than what is described in these rules.

Please note that your Entry will be posted on a website selected by us for viewing by visitors to that website. We are not responsible for any unauthorized use of your Entry by visitors to this website. While we reserve these rights, we are not obligated to use your Entry for any purpose, even if it has been selected as a winning Entry.

If you (or, if you are a minor, your parent or legal guardian) do not want to grant us these rights to your Entry, please do not enter this Promotion.

7. How do you submit your ‘Dream Car’ Entry?
After successfully registering, you may create and submit a ‘Dream Car’ each Calendar Day during the Entry Period. Once submitted, eligible Entries will be posted to the Site’s viewing and rating gallery within approximately 48 hours of submission, and will remain posted through the end of the Entry Period.

We will only accept one ‘Dream Car’ Entry per eligible person and e-mail address per Calendar Day during the Promotion’s Entry Period. In other words, each eligible person may enter the Promotion with one (1) ‘Dream Car’ Entry, and two (2) otherwise eligible people may not enter using the same email address – you each must enter using a unique email address. We are not responsible for Entries that we do not receive for any reason, or for entries that we receive but are not decipherable for any reason.

We will disqualify:

  1. Any incomplete or illegible Entry; and
  2. Any Entries that we receive from you that are out of compliance with the Entry requirements described above.

8. How will the Entries be judged in the Promotion’s People’s Choice format?
Throughout the Entry Period, visitors (including entrants) to the Site who would qualify as eligible Entry raters (see Paragraph 3) will have the opportunity to visit the Promotion Site’s Showroom and “rate” ‘Dream Car’ Entries by clicking on the “Rate It” button (a click on the “Rate It” button will be tracked by the Site as a “rating” for that specific Entry). An eligible visitor may only rate a particular ‘Dream Car’ Entry posted in the Showroom once per Calendar Day, and there is an additional limit of a twenty (20) ratings maximum per eligible visitor (identified by e-mail address) per Calendar Day.

The Entrant whose ‘Dream Car’ Entry receives the most ratings during the Entry Period will be awarded the People’s Choice Top Prize described below.

Any suspected use of robotic, automatic, macro, programmed or like or alias methods to participate or impact the integrity of the voting process in the Promotion, including Rate It voting/vote clicking are ineligible and will result in suspension or disqualification from participation in the Promotion, the voiding of suspect votes and/or other remedial actions or consequences, at Sponsor’s sole discretion. Only Rate Its/votes received during the Entry Period will be counted for purposes of the People’s Choice format and to determine Finalists in the Contest.

9. How will entries be judged in the Promotion’s Contest?
The top one thousand (1000) entrants whose Entry is most often rated in the Site’s Showroom will be deemed Contest “Finalists”. A qualified judge or panel of judges will review all Contest Finalists and select a grand prize winner based upon the following criteria:

  1. Dream Impact (60%). The overall creative and emotional impact of the ‘Dream Car’ Entry;
  2. Theme (20%). The coherence of all the customization and personalization elements of created ‘Dream Car’ Entry title or theme; and
  3. Uniqueness (20%). The extent to which all customization and personalization options available to an entrant were employed to create a distinct and unique ‘Dream Car’ Entry.

The decisions of these judges are final and binding. In the event of a tie between any eligible Entries, the tie will be broken by and additional judge who will then judge the tied Entries based on the judging criteria in the order listed above.
If we see an Entry that we believe rates merit but it has not been ranked in the top one thousand (1000), we reserve the right include it in the pool of Finalists as a “judge’s choice.” However, we are not obligated to recognize any Entries as a “judge’s choice.”

10. How are Sweepstakes entries received and for what entry pools?
You will receive an Entry in the Sweepstakes when you register for the Promotion the first time.

Once registered, you’ll receive an additional entry each Calendar Day during the Entry Period that you log in to the Site.

Additionally, each time your ‘Dream Car’ is rated in the Site’s Showroom, you’ll receive an additional Entry.

The Site’s clock (Pacific Time) is the official timekeeper for the Promotion and specifically, when an entry is received.

All eligible Sweepstakes Entries received during each Weekly Period will be entered into a random drawing for weekly prizes. Non-winning Entries in any drawing will be included in all subsequent weekly drawings.

11. What are the Promotion’s prize(s)?

  • People’s Choice Prize: Top Prize (1): the “Top Prize” is a black 2009 Dodge Challenger R/T w/ 6-speed manual transmission and popular equipment package. ARV: $35,885. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the 2009 Dodge Challenger R/T, including but not limited to its quality, fitness for purpose or mechanical condition. Top Prize winner must have a valid U.S. driver’s license and proof of insurance to take delivery of 2009 Dodge Challenger R/T; failure to present a valid driver’s license or proof of insurance may result in prize forfeiture and selection of an alternate winner. Top Prize winner will be responsible for all optional equipment, title, license, insurance, destination and registration fees required in claiming the 2009 Dodge Challenger R/T, applicable taxes as well as all other expenses relating to the receipt and use of Top Prize 2009 Dodge Challenger R/T. Winner must accept delivery of 2009 Dodge Challenger R/T at an autho rized, Sponsor-specified dealership within 30 days of Top Prize winner verification.
  • Contest Grand Prize: Grand Prize (1): the “Grand Prize” is a black 2009 Dodge Challenger R/T w/ 6-speed manual transmission and popular equipment package. ARV: $35,885. Further customization and options solely at Sponsor’s discretion (which may affect ARV). Sponsor does not make, nor in any manner is respon sible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the 2009 Dodge Challenger R/T, including but not limited to its quality, fitness for purpose or mechanical condition. Grand Prize winner must have a valid U.S. driver’s license and proof of insurance to take delivery of 2009 Dodge Challenger R/T; failure to present a valid driver’s license or proof of insurance may result in prize forfeiture and selection of an alternate winner. Grand Prize winner will be responsible for all optional equipment, title, license, insurance, destination and registration fees required in claiming the 2009 Dodge Challenger R/T, applicable taxes as well as all other expenses relating to the receipt and use of Top Prize 2009 Dodge Challenger R/T. Winner must accept delivery of 2009 Dodge Challenger R/T at an authorized, Sponsor-specified dealership within 30 days of Grand Prize winner verification.
  • Weekly Sweepstakes Prizes: First Weekly Period: First Prize (8): 8 GB Zune Originals digital media
    player and Car Packs (ERV $358.99 each); Second Prize (12): 12-Month Xbox Live Gold Membership (ERV
    $69.99 each); Third Prize (44): The Xbox game title “Forza Motorsport 2” (ERV $59.99 each); Fourth Prize
    (64): Annual Print Subscription to EITHER Road and Track OR Car and Driver (at Sponsor’s discretion)
    (ERV $10 each). Each of the Second through the Ninth Weekly Periods: First Prize (6): 8 GB Zune
    Originals digital media player and Car Packs (ERV $358.99 each); Second Prize (11): 12-Month Xbox Live
    Gold Membership (ERV $69.99 each); Third Prize (42): The Xbox game title “Forza Motorsport 2” (ERV
    $59.99 each); Fourth Prize (62): Annual Print Subscription to EITHER Road and Track OR Car and Driver (at
    Sponsor’s discretion) (ERV $10 each).

Total Estimated Retail Value of all awards/prizes offer for the Promotion is $127,262.64.
If for any reason the advertised award/prize is unavailable, we reserve the right to substitute a prize) of equal or greater value. If you are selected as a potential winner of this Promotion:

  1. You may not exchange your award/prize for cash or any other merchandise or services;
  2. You may not designate someone else as the winner. If you are unable or unwilling to accept your award/prize, we will award it to an alternate potential winner.
  3. If you accept an award/a prize, you will be solely responsible for all applicable taxes related to accepting the award/prize.

12. How will you know if you’re a winner?
On or around September 25, 2008, we, or a company acting under our authorization, will complete judging and winner determination for the People’s Choice and Contest formats (subject to verification). If you are a potential winner, we will notify you by sending a message to the e-mail address, the phone number, or mailing address (if any) listed on your entry within seven (7) days following the determination. If the notification that we send is returned as undeliverable, or you are otherwise unreachable for any reason, we may award the award/prize to an alternate.

Sweepstakes Weekly prize winners, subject to verification at Sponsor’s discretion, will be notified via publication on the winner’s page of the Site within 7 days of the end of a Weekly Period, and prizes will mailed to such winners within 2-4 weeks of winner verification. If a prize notification or prize is declined or returned as undeliverable, an alternative potential winner will be determined.

If there is a dispute as to who is the potential winner, we will consider the potential winner to be the authorized account holder of the e-mail address used to enter the Promotion, or the person residing at the mailing address listed on your mail-in entry.

If you are a potential winner, we may require you to sign an affidavit of eligibility, liability/publicity release and W-9 form. If you do not sign and return these required forms within the time period listed on the winner notification message, we may disqualify you and select an alternate.

13. What are Microsoft Points and how can I receive them through my participation in this Promotion?
Microsoft Points are points is a micro-payment system that works across multiple marketplaces such as Zune, Xbox live or Windows Live gallery to buy goods and services (for additional information on Microsoft Points, please go to: http//points.microsoft.com or http://pointsbiz.microsoft.com. Eligible Promotion entrants will be presented the opportunity to earn Microsoft Points upon the successful completion of identified earning opportunities and redemption requirements described below. Up to a maximum total of 24,000,000 Microsoft Points will be made available to Promotion entrants. In order to receive Microsoft Points for participating in this Promotion (while supplies last), you MUST affirmatively opt in where specified in the Promotion’s initial registration process.
Microsoft Points (“Points”) may be earned in this Promotion, while supplies last, by completing up to a maximum of two (2) activities in any Calendar Day of the Entry Period as follows:

  • 100 Points for registering for the Promotion for the first time (limit one (1) registration per entrant/email address during Entry Period); Thereafter, 50 Points can be earned each day for creating and entering a ‘ Dream Car’ (limit one (1) entry per entrant/email address per Calendar Day during the Entry Period); and
  • 50 Points can be earned for every one (1) “rating” made by entrant of a ‘Dream Car’ Entry posted on the Site’s gallery (limit one (1) rating/entrant/email address per Calendar Day during the Entry Period).

There is a maximum limit of 2,000 Points per entrant/email address during the Entry Period (while supplies for the Promotion last up to an aggregate total of 24,000,000).

Promotion entrants who have opted in will be issued an email containing a 25 character alphanumeric code which can be redeemed for Points at www. points.microsoft.com/userportal. Points cannot be gained via a participant’s Xbox console or Zune client. Additionally, users must have or create a Windows Live ID in order to utilize Microsoft Points.

14. What other conditions are you are agreeing to by entering this Promotion?
By entering this Promotion you (your parent or legal guardian if you are a minor) both understand the following and agree:

  1. To abide by these rules;
  2. To the extent allowed by law, to release and hold harmless Microsoft, Gage Marketing Group, LLC, any prize providers and their respective parents, subsidiaries, affiliates, employees and agents from any and all liability or any injury, loss or damage of any kind arising from or in connection with this Promotion or any award/prize won;
  3. That Microsoft’s decisions will be final and binding on all matters related to this Promotion; and
  4. That Microsoft may use of your proper name and state of residence online and in print, or in any other media, in connection with this Promotion, without payment or compensation to you, except where prohibited by law.
  5. This Promotion will be governed by the laws of the State of Washington, and you consent to the exclusive jurisdiction and venue of Washington courts (state and federal) for any disputes arising out of this Contest.

15. What if something unexpected happens and the Promotion can’t run as planned?
If someone cheats, or a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled, (also referred to as force majeure) affects the fairness and / or integrity of this Promotion, we reserve the right to cancel, change or suspend this Promotion, or any element thereof. This right is reserved whether the event is due to human or technical error. If a solution cannot be found to restore the integrity of the Promotion, we reserve the right to select winners from among all eligible entries received before we had to cancel, change or suspend the Promotion.

Computer “hacking” is a crime. If you attempt to compromise the integrity or the legitimate operation of this Promotion by hacking or by cheating or committing fraud in ANY way, we may seek damages from you to the fullest extent permitted by law. Further, we may ban you from participating in any of our future Promotion, so please play fairly.

16. How can you find out who won?
We will post the names of Weekly Sweepstakes winners for two (2) weeks on the Site’s winners page, following determination and verification of winner’s status. We will post the names of the People’s Choice and Contest confirmed winners online after October 8, 2008 at www.dreamcarchallenge.com. This list will remain posted until October 24, 2008. A Promotion winner’s list may also be obtained via request through October 8, 2008 at the following address: admin@dreamcarchallenge.com.

17. Who is sponsoring this Promotion?
Microsoft Corporation is the sponsor of this Promotion.

Microsoft Corporation
One Microsoft Way
Redmond, WA 98052