Terms & Conditions for Xbox 360™ LIPS® Competition

1. PROMOTER: Microsoft Limited, Microsoft Campus, Thames Valley Park, Reading, RG6 1WG, England.
Facebook.com (as operated by Facebook) ("Facebook") is a promotional partner and host site, but is not the promoter.

2. BRIEF OVERVIEW OF COMPETITION PROMOTION: "The Xbox 360 LIPS Competition" (the "Competition") hosted on Facebook (the "Websites") and subject to these terms and conditions (the "Terms and Conditions") will offer entrants ("Entrants") the chance to win:

(i) A Lips Package (the "First Prize") consisting of:
1. The opportunity to be a face of LIPS® on Xbox.com. The winning image(s)/photograph(s) will have animated Lips added over the still image/photograph and will appear, together with other similar images/photographs provided by the Promoter, in an online video to be hosted and available to view on Xbox.com from mid-December 2009
2. An Xbox 360™ Elite System
3. Two LIPS microphones made with CRYSTALLIZED™ - Swarovski Elements
4. A copy of LIPS: Number One Hits®
(ii) Nine (9) runner-up prizes consisting of a copy of LIPS: Number One Hits®
No cash alternatives. Subject to stock availability, in the instance where stock is not available a substitute will be offered of similar value. Please review these Terms and Conditions carefully. By entering the Competition, Entrants agree to be bound by these Terms & Conditions and by decisions of the Promoter or Facebook, as applicable, which are final as to all Competition-related matters.
3. ELIGIBILITY: This Competition is open to residents of the UK, except employees of Microsoft Limited and their respective subsidiaries, affiliates, advertising and promotion agencies and their immediate families (defined for the purpose of these rules 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. Entrants must be 13 years of age or older. Anyone under the age of 16 must seek the permission of their parent or guardian before entering this competition and Microsoft may require proof of such permission before awarding any prize.
Entrants must have read and agreed to the Lips Jukebox Terms of Use found at http://www.xbox.com/lipsjukebox/terms.aspx before entering the competition and, by entering the competition agree to be bound by them

4. TO ENTER: No purchase necessary. To enter the Competition Entrants must submit an image of their "Best Rock Pose" accompanied by a caption describing why their pose is the best and their image should win.
Entrants must hold the rights to publish any image they enter into the competition and must be willing to allow their entry to be published on Facebook and any other site deemed appropriate by The Promoter as part of the promotion of The Competition.
By entering the competition entrants give their permission for their image, should it be selected as the overall winner, to be modified by the Promoter who will add the animated Lips and include it with other photographs, selected by the Promoter, in an online video to be hosted and available to view publically on Xbox.com
Any image or caption submitted as an entry deemed by the Promoter to be offensive or discriminatory will be disqualified from The Competition. The image and caption (the "Entry") should be submitted as follows: [1] email two (2) images/photographs as a jpeg file and caption stating why the image should win to competitions@digital-outlook.com
The Promoter is not responsible for corrupted or delayed entries. Only one entry per person will be accepted. Entry constitutes full and unconditional acceptance of these Terms & Conditions. The Promoter reserves the right to disqualify anyone in breach of these Terms & Conditions.
In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Facebook Profile account is registered on the Website. Entries by any method other than as set forth in the Terms & Conditions are void. Any use of automated or programmed methods of effecting Entry online is prohibited.
Normal internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Promoter in writing if your email address changes. To do so, go My Account for your Facebook account on the Website and follow the instructions.

5. COMPETITION ENTRY PERIOD: This promotion runs from 10a.m. GMT on 11th November 2009 until 10 a.m. on 11th December 2009 (inclusive). No entries into the Competition will be accepted before or after those dates unless the Promoter elects in its sole discretion to modify the Competition Entry Period

6. ABOUT ENTRIES: In consideration of the promoter making the competition available to you, you hereby irrevocably and unconditionally (i) grant to the promoter and its assignees and licensees all consents which are or may be required under Part II of the Copyright, Designs and Patents Act 1988 and any statutory modifications or re-enactment thereof for the exploitation of the Entry, through the universe, in perpetuity, by any and all means and in any and all media now or hereafter known or devised; (ii) assign to the promoter free of all charges, encumbrances and rights exercisable by third parties and, without prejudice to the foregoing, with full title guarantee and where the assignment is of copyright or performers' property rights, by way of an assignment of present and future copyright or performers' property rights, all right, title and interest of whatsoever nature (including, without limitation, all copyright and performers' property rights) throughout the universe, whether vested or contingent, in and to the Entry, for the promoter to hold the same absolutely for the full period of those rights wherever subsisting or acquired, including all renewals, reversions, revivals and extensions and thereafter (insofar as may be or become possible) in perpetuity; and (iii) waive in perpetuity in respect of the Entry the benefits of any provision of law known as moral rights or any similar law in any country. You warrant and represent that your Entry is original to you and not obscene or defamatory and that you have the right to grant the consents and assign the rights expressed to be granted in this clause 6, free from encumbrances and third party rights. You agree to indemnify the promoter from and against any loss, claim, liability, damage, action or cause of action brought against promoter by a third party and arising from or related to any material contained within the Entry, or a breach by you of the foregoing warranty and representation.

7. SELECTION OF WINNERS: There will be one (1) First Prize Winner and nine (9) Runner Up prize winners. The Winners will picked by the final judging panel on or around 14th December 2009. The winning Entries will be deemed as the most original image/photograph and caption. The Winners will be notified by email by 21st December 2009. Winners must respond within the period designated by the Promoter in the notification or risk forfeiting the Prize. It is the Entrant's sole responsibility to notify the Promoter in writing if the Entrant changes his/her email/postal address. To change these details log into your Facebook account, click on 'My Account' and follow the instructions on how to change the email address. Odds of winning depend on the number of entries received. If a prize notification is returned undeliverable or the potential winner cannot be contacted, through no fault of The Promoter, within three (3) days after the first attempt, the Prize will be forfeited and the Promoter may, in its sole discretion, award the forfeited Prize to an alternative winner selected according to creative merit. The judges' decision is final and no correspondence will be entered into. The names of the judges will be made available on request by contacting Microsoft's agency responsible for managing the promotion, Digital Outlook info@digital-outlook.com.

8. WINNERS LIST: Winners names will be available for a period of thirty (30) days after the final draw date by contacting info@digital-outlook.com.The winners may be required to participate in further publicity or advertising.

9. USE OF DATA: Microsoft's Privacy Policy will apply to this Contest and to all information that we receive from your entry. Please read the Privacy Policy on the Contest 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.

10. GENERAL CONDITIONS: The Promoter and Facebook are not responsible for and are not liable for: [1] telephone, telecommunications, hardware or third party software malfunctions, failures, or difficulties of any kind; [2] any failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software; [3] any condition caused by events beyond the Promoter's and the Website's control that may cause the Competition to be disrupted, corrupted or terminated; [4] any printing or typographical errors in any materials associated with the Competition; [5] any incorrect or inaccurate entry information whether caused by you or any equipment or matter under the Promoter's or the Website's control; or [6] any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure, misdirection or delay of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or on the Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer related to or resulting from participation in or downloading or uploading any materials from the Competition. In the event of a dispute over an electronic entry, the Prize will be awarded to the owner of the e-mail account. The Promoter and Facebook reserve the right to disqualify, in their sole discretion, any person tampering with the entry process, the operation of the systems required to conduct the Competition or operate the Website, or who is otherwise in violation of these Terms and Conditions. The Promoter and Facebook reserve the right, in their sole discretion, to cancel, terminate, modify, or suspend this Competition should they determine, that any virus, bug, non-authorized human intervention or other causes beyond their control corrupt or affect the administration, security, fairness or proper conduct of the Competition. All issues concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, and the rights and obligations of the participants, shall be determined by the Promoter in its sole discretion and governed by English law without regard to any conflict of laws principles. The Promoter, Facebook or any person or entity affiliated with them, do not make any representation, warranty or guarantee, express or implied, relating to the Competition. You hereby agree to indemnify and hold harmless the Promoter, Facebook and their respective affiliates, employees, officers, directors, and agents and any person or entity affiliated with the Competition from any claim, liability, injury, damage or other loss arising out of or related to your participation in the Competition, including without limitation any materials submitted, any failure on your part to fully comply with these Terms and Conditions, and any acceptance, use or misuse of any Prize.

Microsoft cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants in this promotion 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 a prize, or from participation in this promotion. Nothing in this clause shall limit Microsoft's liability in respect of death or personal injury arising out of its own negligence or arising out of fraud.

11. OTHER: No correspondence will be entered into regarding either this promotion or these Terms and Conditions. In the unlikely event of a dispute, The Promoter's decision shall be final. The Promoter reserves the right to amend, modify, cancel or withdraw this promotion at any time without notice.