embeddedSPARK | 2010 Challenge

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THE MICROSOFT embeddedSPARK CHALLENGE

OFFICIAL RULES

Common terms used in these rules:

These are the official rules that govern how the Microsoft embeddedSpark challenge promotion will operate. This promotion will be simply referred to as the “Challenge” throughout the rest of these rules.

In these rules, “we,” “our,” and “us” refer to Microsoft Corporation, the sponsor of the Challenge. “You,” “yourself” refers to an eligible Challenge entrant.

1. CHALLENGE DESCRIPTION:

This is a skill-based Contest and chance plays no part in the determination of the winner(s). The object of this Contest is to provide a forum for Windows Embedded CE enthusiasts to showcase their skills, help Build the Windows Embedded community and drive awareness of the SPARK Your Imagination program.

For purpose of this Contest, the proposal and supporting materials that you create and submit in the Contest will be called an “entry.” All eligible entries received will be judged using the criteria described below to determine winners.

2. WHAT ARE THE START AND END DATES?

The Challenge starts at 9:00 AM Pacific Standard Time (“PST”) on September 22nd, 2009, and ends on April 22nd, 2010 (“Entry Period”). The Entry Period consists of the three (3) Rounds described below. You must enter by the close of Round 1 to be eligible for subsequent Rounds. All required entry materials must be received within the designated Round in order to be eligible for judging. At the end of Round 1, up to 75 of the top entrants will be selected to advance to Round 2.

ROUND	START DATE (all times 9:00 AM PST)	END DATE (all times 5:00 PM PST)
Round 1	September 22^nd, 2009	January 9^th , 2010
Round 2	January 15^th , 2010	April 2^nd, 2010
Finals Round	ESC Silicon Valley	April 27^th ,2010

3. CAN YOU ENTER?

You are eligible to enter this Contest if you meet the following requirements:

You are a Internet technology enthusiast or specialist and are at least 18 years of age or older at the time of entry; and
You are not a resident of Cuba, Iran, North Korea, Sudan
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 Challenge; 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 Challenge.

This Challenge is void in the Province of Quebec, Canada; and wherever else prohibited by law.

4. HOW TO ENTER / ENTRY CRITERIA

Round 1:

You’ll be asked to submit a 1 to 3 page report detailing your idea for an embedded project that is related to the theme “Fun & Games”. Entries must be submitted as an electronic file in the .doc, .docx, .pdf or .txt format, and report should address the following Project Vision:

What problem are you trying to solve?
What is your proposed solution to the problem?
Why would the solution be best implemented as an embedded solution?

Judges will review all eligible entries based on the criteria described in section 5 below and select up to 75 entries to move on to Round 2.

Round 2:

Each Entrant who agrees to compete in Round 2 will receive an embeddedSPARK platform device to be used to implement their idea.

You must create and upload a 4 to 8 page report and a 2- minute video each detailing the implementation of your project. Entry materials must meet the following content and technical requirements.

You must build the Embedded Solution using the hardware tools and software tools described below:

Hardware Tools

An embeddedSPARK platform device provided by Microsoft

Software Tools

Windows Embedded CE 6.0 Windows Embedded CE Platform Builder.

At the conclusion of the Round 2 Entry Period, all eligible entries received will be reviewed by a panel (or panels) of qualified judges based on the judging criteria set forth below to select up to 3 Entries (each, a “Finalist”) to compete in the live Finals event.

Finals Round:

All three Finalists will be awarded a trip to ESC Silicon Valley in San Jose, California, USA to present their idea and demonstrate their project in a 3-minute Presentation to ESC SV attendees.

A panel of experts will judge all presentations based on the criteria described below and announce 1 Grand Prize Winner, 1 second place winner, and 1 third place winner.

For all Rounds: All Entry materials must be submitted in English.

Limit one entry per person and e-mail 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 automatically disqualify:

(1) Incomplete or illegible entries; and

(2) Entries that we receive in excess of the entry limit described above.

In addition, by submitting your entry into this Challenge you confirm that, to the best of your knowledge:

your entry is your own original work; and
your entry only includes material (including music, video or images) that you own, or that you have permission from the copyright / trademark owner to use; and
you have obtained permission from any recognizable person (parent/guardian, if a minor) that appears in your entry to submit your entry in this Challenge and to use their personal data in the entry for the purposes of the Challenge (if applicable); and
your entry has not been selected as a prize winner in any other Challenge.

5. HOW WILL ENTRIES BE JUDGED?

Round 1:

At the conclusion of the Round 1 Entry Period, all eligible entries received will be reviewed by a panel (or panels) of qualified judges based on the following judging criteria, and select up to 75 of the top Entries to advance to in Round 2.

Round 1 Judging Criteria

               •   25% Innovation: Originality and creativity
               •   25% Impact and Relevance of the Solution
               •   25% Feasibility and Adherence Theme
               •   25% Quality of the Project Vision
Round 2:

At the conclusion of the Round 2 Entry Period, all eligible entries received will be reviewed by a panel (or panels) of qualified judges based on the judging criteria set forth below to determine up to 3 Entries (each, a “Finalist”) to compete in the live Finals event.

Round 2 Judging Criteria

               •   20% Clear explanation of the problem and its solution
               •   20% Relevance of the problem to the Fun & Games theme
               •   20% Clear explanation of the Technology: components, purpose and connection/Communicate
               •   20% Is the solution a realistic, efficient and a good way to solve the problem?
               •   20% Demonstrated familiarity with Windows embedded CE 6.0, as measured by building an image.

Ties: In the event of a tie between any eligible entries, the tie will be broken by an additional judge who will judge the tied entries based on the criteria listed above.

All Rounds: The decisions of these judges are final and binding. The Grand Prize winner will be announced at the Finals event in ESC Silicon Valley 2010. If we do not receive a sufficient number of entries meeting the entry requirements in any Round, we may, at our discretion based on the above criteria, select fewer than stated number of winners.

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:

are granting us an irrevocable, worldwide right and license, for which you have received a sufficient remuneration, for the duration of the protection of the copyrights to: (i) reproduce, copy, modify or alter your entry with all known all later developed means; (ii) use, review, assess, test and otherwise analyze your entry and all its content in connection with this and any future Challenges sponsored by Microsoft; and (ii) feature your entry and all its content in connection with the promotion of this Challenge in all media (now known or later developed);
except where prohibited, hereby waive any and all so-called “moral rights” or any similar right that you may have or hereinafter acquire in the entry and all its content, and to the extent that you cannot, you hereby consent to us doing or omitting to do any act that would otherwise infringe such “moral rights” or any such similar rights;
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 Microsoft and other entrants 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 Challenge, 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;
understand that you will not receive any compensation or credit for use of your entry, other than what is described in these Official Rules.

Please note that following the end of this Challenge your entry may 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 do not want to grant us these rights to your entry, please do not enter this Challenge.

7. WHAT ARE THE PRIZES?

Round 1 Prize (75): Each entrant moving on to compete in Round 2 will win an embeddedSPARK platform device (Estimated Retail Value US $400.00)

Finalist Prize: (3) Each finalist will win a trip to the ESC Silicon Valley event to compete for the Grand Prize. Trip includes round trip coach airfare for one from major airport closest to winner's home to San Jose, CA., 4 night single occupancy hotel accommodations, and admission into the ESC Silicon Valley event (Estimated Retail Value US $2,095.00).

Grand Prize (1): One winner will be selected to win US $15,000 cash

Second Prize (1): One winner will be selected to win US $5,000 cash

Third Prize (1): One winner will be selected to win US $1,000 cash

Travel prize winners are responsible for providing all required travel documents, including, but not limited to required Visa, passport etc. If winner lives within 100 miles of travel destination, Sponsor reserves the right to provide alternative transportation.

If the ESC Silicon Valley is cancelled for any reason, Sponsor shall have no further obligation to the winner other than to provide the travel portion of the prize minus the opportunity to attend the cancelled event.

Actual value depends on date/time/destination, and difference between actual value and stated value will not be awarded.

Travel subject to availability and must be completed on dates specified by the Sponsor or prize will be forfeited and awarded to an alternate winner. Some restrictions may apply. No cancellation of reservation or transfer of reservation to another date after reservation has been made.

The odds of winning will depend on the number of eligible entries received and the level of skill of each entrant.

If for any reason the advertised prize is unavailable, unless to do so would be prohibited by law, we reserve the right to substitute a prize(s) of equal or greater value, as permitted. We will only award one (1) prize per person. If you are selected as a potential winner of this Challenge:

(1)    You may not exchange your 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 prize, we will award it to an alternate potential winner.

(3)    If you accept a prize, you will be solely responsible for all applicable taxes related to accepting the prize.

(4)    If you are a minor in your place of residence, we may award the prize to your parent/legal guardian on your behalf and your parent/legal guardian shall be designated as the winner.

8. HOW WILL YOU KNOW IF YOU'RE A WINNER?

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 of winners. If the notification that we send is returned as undeliverable, or you are otherwise unreachable for any reason, we may award the prize to an alternate winner. However, if the potential winner is a resident of Portugal, no alternate winner will be chosen and the prize will revert to the charitable institution designated by the Civil Governor, as required under Portuguese law.

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 Challenge.

If you are a potential winner, we may require you to sign a declaration of eligibility, use, indemnity and liability/publicity release. If you are a potential winner and are a minor in your place of residence, and we require that your parent or legal guardian shall be designated as the winner pursuant to clause 8(4) above, we may require that they sign a declaration of eligibility, use, indemnity and liability/publicity release on your behalf. If you, (or your parent/legal guardian if applicable), do not sign and return these required forms within the time period listed on the winner notification message, we may disqualify you (or the designated parent/legal guardian) and select an alternate selected winner.

9. WHAT OTHER CONDITIONS ARE YOU AGREEING TO BY ENTERING THIS CHALLENGE?

By entering this Challenge you agree:

(1.)         To abide by these Official Rules;

(2.)         To the extent allowable under applicable law, to release and hold harmless Microsoft, their respective parents, subsidiaries, affiliates, employees and agents from any and all liability or any injury, loss, damage, right, claim or action of any kind arising from or in connection with this Challenge or any prize won save for residents of the United Kingdom, Chile, Korea, Greece, Brazil, Turkey, Hong Kong, France and Germany with respect to claims resulting from death or personal injury arising from Microsoft’s negligence, for residents of the United Kingdom with respect to claims resulting from the tort of deceit or any other liabilities that may not be excluded by law, and for residents of Australia in respect of any implied condition or warranty the exclusion of which from these Official Rules would contravene any statute or cause any part of these Official Rules to be void;

(3.)         That Microsoft’s decisions will be final and binding on all matters related to this Challenge; and

(4.)         That by accepting a prize, Microsoft may use your name and place of residence online and in print, or in any other media, in connection with this Challenge, without payment or compensation to you. The declaration of eligibility, use, indemnity and liability/publicity release provided to the potential winner (pursuant to clause 9 above) will make reference to obtaining his/her free consent to use his/her name and place of residence. In any case, the lack of such consent does not prevent the winner from receiving the prize.

This Challenge 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 Challenge.

10. WHAT IF SOMETHING UNEXPECTED HAPPENS AND THE CHALLENGE 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 Challenge, we reserve the right to cancel, change or suspend this Challenge. 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 Challenge, we reserve the right to select winners based on the criteria specified above from among all eligible entries received before we had to cancel, change or suspend the Challenge. Computer “hacking” is unlawful. If you attempt to compromise the integrity or the legitimate operation of this Challenge 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 Challenges, so please play fairly.

11. HOW CAN YOU FIND OUT WHO WON?

We will post the names of confirmed winners online after April 22nd, 2010 at www.embeddedSPARK.com. This list will remain posted until May 22nd, 2010.

12. WHO IS SPONSORING THIS CHALLENGE?

Microsoft Corporation is the sponsor of this Challenge.
Microsoft Corporation
One Microsoft Way Redmond, WA 98052

13. PRIVACY

Microsoft’s Privacy Policy will apply to this Challenge and to all information that we receive from your entry. Please read the Privacy Policy on the Challenge entry page before accepting the Official Rules and submitting your entry. Please note that by accepting the Official Rules you are also accepting the terms of the Privacy Policy.