Sweepstakes Terms and Conditions -

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Sweepstakes Terms and Conditions

WINDOWS MOBILE CONNECTION BIRTHDAY BASH

OFFICIAL RULES

1. NO PURCHASE IS NECESSARY TO ENTER OR WIN.

A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

The WINDOWS MOBILE CONNECTION BIRTHDAY BASH (the "Sweepstakes") starts at 9:00:00 A.M. Pacific Time ("PT") on 5/26/09 and ends at 4:59:59 P.M. PT on 6/9/09 (the "Sweepstakes Period"). The Sponsor of the Sweepstakes is Microsoft Corporation ("Microsoft"), One Microsoft Way, Redmond, WA 98052-6399 ("Sponsor").

2. ELIGIBILITY: This trade Sweepstakes is open only to individuals that meet the following eligibility requirements: (1) must be a resident of one of the following countries/regions: the fifty (50) United States or the District of Columbia, Canada, the United Kingdom, The Netherlands, Spain, Germany, France, Denmark or Italy; and (2) must be eighteen (18) years of age or older as of date of entry. Employees of Sponsor, West Coast Marketing, a division of The Susquehanna Hat Company, ("West Coast Marketing), Via Training, a Division of GP, (collectively the "Promotion Parties"), their respective affiliates, subsidiaries, parent and related companies and agencies and the family members of each (spouses, parents, grandparents, siblings) and those living in the household of same (whether or not related) are not eligible. All federal, state and local rules and regulations apply. By entering the Sweepstakes, entrants agree to abide by all terms of these Official Rules. A prize won by a minor in his or her legal jurisdiction of residency will be awarded in the name of the minor's parent or legal guardian.

Please Note: If applicable, it is your sole responsibility to review and understand your employer's policies regarding your eligibility to participate in the Sweepstakes. If you are participating in violation of your employer's policies, you may be disqualified from participating in the Sweepstakes or receiving a prize. Microsoft disclaims any and all liability or responsibility for disputes arising between an employee and his or her employer related to this matter, and if applicable, prizes will only be awarded in compliance with the employer's policies.

3. HOW TO ENTER: There are two (2) ways to enter the Sweepstakes; via posting to the Windows Mobile Connection Forum or via email as described as follows:

How to Enter via the Windows Mobile Connection Forum: During the Sweepstakes Period, you may enter via the Internet by logging on to the Microsoft Windows Mobile® Training Program site at http://www.windowsmobiletraining.com/ ("Web Site"), registering for the Entry Site (if not previously registered) as directed (by providing your country, first and last name email address and accept the terms for the Entry Site) registering for the Windows Mobile Connection Forum ("Forum") located at the Entry Site (if not previously registered) as directed, and following the directions for Sweepstakes entry by posting to the specified thread on the Forum about how the Windows Mobile Connection Forum helped you make or support a sale of a Windows Mobile device (if you are a sales person of Windows Mobile devices) or how the Windows Mobile Connection Forum helped you learn more about Windows Mobile devices. Once you have completed all of the above, you will receive one (1) "Forum Entry" in the Sweepstakes. Note: the submitted posts will not be judged in any way for quality and will not impact and entrant's chances of winning in the Sweepstakes.

How to Enter via Email: During the Sweepstakes Period, you may enter via email by sending your country, first and last name, email address and date of birth to support@windowsmobiletraining.com ("Email Address") Once you have submitted your completed entry you will receive one "Email Entry" in the Sweepstakes.Only one (1) entry will be accepted per person, email address or user name.

The Sponsor's computer shall be the official timekeeper of the Sweepstakes.

Forum Entries and Email Entries may be referred to herein individually as an entry and collectively as entries.

The Promotion Parties and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, participating resellers and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively, "Releasees") are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant's or any other person's computer relating to or resulting from participation in the Sweepstakes; inability to access the Web Site, Forum or Email Address; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any Web site (including the Web Site, Forum or Email Address) or for any other reason whatsoever; or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, selection of winners, the announcement of the prizes or in any Sweepstakes-related materials; or for any entries or mail which are late, lost, incomplete, misdirected, inaccurate, stolen, mutilated, illegible, delayed, undelivered, misdirected or postage due, or any combination thereof and all such entries are void. Proof of entering information at the Web Site or Forum or submitting information to the Email Address is not considered proof of delivery or receipt. Duplicate entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrants ineligible. By entering the Sweepstakes, entrants affirm that they have read and accepted these Official Rules. The Sweepstakes shall be governed by and construed in accordance with the laws of the United States. By entering the Sweepstakes, entrants hereby submit to the jurisdiction and venue of the federal and state courts of the United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. Any entry information collected from the Sweepstakes shall be used only in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules, and with the Microsoft Corporation Online Privacy Policy, which can be found at http://www.windowsmobiletraining.com/Policies.aspx?file=termsofuse.htm,privacy.htm.

4. WINNER SELECTION: Potential winners will be selected in a random drawing from among all eligible entries received. Random drawing will be conducted on/about 6/10/09 by West Coast Marketing, an independent judging organization, whose decisions are final and binding in all matters relating to this Sweepstakes. The odds of winning a prize the Sweepstakes are determined by the total number of eligible entries received. Potential winners will be notified by mail, telephone or e-mail within ten (10) days of the drawing date and may be required to execute and return an Affidavit (or Declaration) of Eligibility/Release of Liability and Publicity and if a U.S. resident a W-9 form (individually and collectively "Required Paperwork") within fourteen (14) days of date of issuance of notification. Eligibility of all winners will be verified by representatives of the Sponsor. Failure to respond to a notification or return Required Paperwork fully-executed in the required time period, a prize notification or prize being returned as undelivered or noncompliance with these Official Rules may result in a potential winner being disqualified and, at Sponsor's discretion, a subsequent drawing may be held to award the applicable prize. Acceptance of a prize constitutes permission (except where prohibited) to use each winner's name, city of residence, likeness, photograph and statements on the Entry Site and/or Forum for advertising and publicity purposes, without additional compensation or limitation. By submitting such photograph, winner is implying copyright ownership of the photograph or warranting that any holder of the submitted photograph's copyright has given the winner permission to use the photograph.

Only one (1) prize will be awarded to any one (1) individual.

5. PRIZES: Five [5] prizes are eligible to be won in the Sweepstakes. Each prize will be awarded as follows: If a winner is a resident of the United States or Canada, he/she may choose a Windows Mobile Phone (from available models and with a retail value not to exceed $500.00 USD) <OR> a $500 USD Amazon Gift Card. If a winner is a resident of an eligible country outside the United States or Canada, they will receive an Amazon Gift Card with the comparable value of $500 USD. Use of an Amazon Gift Card is subject to all Amazon redemption restrictions available at www.amazon.com or local Amazon web site.

If a winner selects a Windows Mobile Phone, it will be unlocked so it can be used with any authorized Mobile Operator. If the winner's mobile service provider doesn't support SIM card use or if the winner prefers, he/she can choose a $500 Amazon gift card instead, as their complete and total prize. The prizes consist solely of the specific items stated above.

The total ARV of all prizes to be awarded in this Sweepstakes is a maximum of $2,500.00. All values are in US Dollars. No substitution, transfer or cash redemption for a prize will be permitted by winners except as stated herein. A prize of comparable or greater value may be substituted by Sponsor, at its sole discretion. All costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the winners.

6. WARRANTY DISCLAIMER: Prizes are awarded "AS IS". Any and all warranties for a prize or parts thereof are contained in a prize or service provider's warranty, if any. Except as otherwise provided in these Official Rules, Releasees make no warranties, representations or guarantees, express or implied, in fact or in law, respecting the performance or use of a prize or parts thereof, including, without limitation, quality, merchantability, and fitness for a particular purpose, and a winner shall look solely to the prize or service provider for such warranties, if any. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.

7. LIMITATIONS ON LIABILITY: Releasees shall not be liable to any winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control.

8. GENERAL RELEASES:

1. Entrants agree to release and waive any claim they may have against Releasees and their respective successors and assigns for injuries, claims, damages or losses, costs or expenses of any kind resulting from acceptance of or possession of or arising out of use or misuse of a prize or parts thereof or from participation in this Sweepstakes.

2. If for any reason, this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any Web site associated therewith (or any portion thereof), including but not limited to the Entry Site or Forum, becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor reserves the right to conduct a random drawing to award the prizes from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at http://www.windowsmobiletraining.com/. Any attempt by an entrant or any other individual to deliberately damage any Web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Where a dispute arises about who submitted an on-line entry, the entry will be deemed submitted by the authorized account holder of the e-mail account entered and he/she must comply with these rules. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met.

3. NOTE: Internet entry must be made by the entrant, only at the Entry Site. Entries made by any other individual or any entity, and/or originating at any other Internet Web site or e-mail address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or computer software to automate the entry process is prohibited.

9. WINNERS LIST/OFFICIAL RULES: For an Official Winners List (available after 8/1/09 and until 10/1/09), send a self-addressed envelope to: WINDOWS MOBILE TRAINING CONNECTION BIRTHDAY BASH, c/o West Coast Marketing, 22287 Mulholland Highway, #396, Calabasas, CA 91302. Official Rules are available during the Sweepstakes at the Entry Site.