IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) BEFORE ENTERING THE CONTEST. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MICROSOFT CORPORATION (INDIA) PRIVATE LIMITED (“MICROSOFT”) ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ENTITLED TO PARTICIPATE IN THE CONTEST. BY ENTERING THE CONTEST, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO ABIDE BY, THESE TERMS AND CONDITIONS.

1. SPONSOR

These Terms and Conditions (“Terms and Conditions) govern the operation of the Code for the future Hackathon Contest (“Contest”). Microsoft Corporation (India) Private Limited located at Level 10, Tower C, DLF Epitome, DLF Cyber City, Gurgaon 122002 is the Contest Sponsor (“Sponsor”).

2. DEFINITIONS

In these Terms and Conditions, "Microsoft", "we", "our", and "us" refer to Sponsor and “you” and "yourself" refers to a Contest participant, i.e. members of a Team. By entering the Contest you agree to be bound by these Terms and Conditions.

3. ENTRY PERIOD

The Contest starts at 12:01 a.m. on 25^thFebruary 2020 and ends at 11:59 p.m. on 25^thMarch 2020 (“Contest Period”).

4. ELIGIBILITY

The Contest is open to employees of Microsoft Partner organizations only. The employees of the same organization shall form a team of minimum 2 and maximum 6 members (“Team”) to be eligible to participate in this Contest. There can be multiple Teams nominated from the same Microsoft Partner organization. If the members of a team are not from the same Microsoft Partner organization, then such team shall be discarded and will not be considered under this Contest.

Additionally, all team members must legally reside in India and be 18 years or older to be eligible.

Employees and directors of Microsoft Corporation and its subsidiaries, affiliates, advertising agencies, and Contest Parties are not eligible, nor are persons involved in the execution or administration of this Contest, or the family members of each above (parents, children, siblings, spouse/domestic partners, or individuals residing in the same household).

5. HOW TO ENTER:

• Visithttps://www.microsoft.com/en-in/codeforfuture(“Contest Page”) and register yourself and nominate Team members in the selection phase of this Contest (“Selection Phase”) as per the on screen instructions.
• The objective of a Team in the Selection Phase is to develop a smart system for reducing carbon footprint and other smart solutions aimed at curbing emission of greenhouse gases in the IT Industry using Azure or open source technologies only (“Entry”).
• To submit an Entry, i.e. after developing the system/solution/app using Azure and open source technologies, the Team is expected to submit its source code on Github platform.
• The Entry in Selection Phase is limited to only 1 (one) per Team. Any Entry in excess will be discarded and will not be considered under this Contest.

Any costs associated with entry and accessing the Contest website are the responsibility of the entrant.

We are not responsible for excess, lost, late, or incomplete entries. If disputed, entries will be deemed submitted by the authorized account holder of the email address, social media account, or other method used to enter.

6. ELIGIBLE ENTRY:

To be eligible, an Entry must meet the following content / technical requirements:

• Your Entry must be your own original work;and
  • For Contests which require a video entry, please note the video must be solely your own work, including but not limited to, the actual filming, editing, graphic design, etc. of the video.
• Your Entry cannot have been selected as a winner in any other contest;and
• You must have obtained all consents, approvals, or licenses required for you to submit your Entry;and
• To the extent that entry requires the submission of user-generated contest such as software, photos, videos, music, artwork, essays, etc., participants (members of a Team) warrant that their Entry is their original work, has not been copied from others without permission or apparent rights, and does not violate the privacy, intellectual property rights, or other rights of any other person or entity. You may include Microsoft trademarks, logos, and designs, for which Microsoft grants you a limited license to use for the sole purposes of submitting an entry into this Contest;and
• Your entry may NOT contain, as determined by us in our sole and absolute discretion, any content that is obscene or offensive, violent, defamatory, disparaging or illegal, or that promotes alcohol, illegal drugs, tobacco or a particular political agenda, or that communicates messages that may reflect negatively on the goodwill of Microsoft.

7. USE OF ENTRIES

We are not claiming ownership rights to your Submission. However, by submitting an entry, you grant us an irrevocable, royalty-free, worldwide right and license to use, review, assess, test and otherwise analyze your entry and all its content in connection with this Contest and use your entry in any media whatsoever now known or later invented for any non-commercial or commercial purpose, including, but not limited to, the marketing, sale or promotion of Microsoft products or services, without further permission from you. You will not receive any compensation or credit for use of your entry, other than what is described in these Terms and Conditions. You consent to us doing (or omitting to do) any acts in respect of your entry which may otherwise constitute an infringement of your moral rights.

By entering you acknowledge that we may have developed or commissioned materials similar or identical to your entry and you waive any claims resulting from any similarities to your entry. Further you understand that we will not restrict work assignments of representatives who have had access to your entry and 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.

Your entry may be posted on a public website. We are not responsible for any unauthorized use of your entry by visitors to this website. We are not obligated to use your entry for any purpose, even if it has been selected as a winning entry.

8. WINNER SELECTION AND NOTIFICATION

[X] Teams will be selected by Microsoft or their Agent or a qualified judging panel from among all eligible Entries received in the Selection Phase (“Selected Teams”) received based on the following judging criteria:

• 20% - Originality - The originality of the idea
• 45% - Code and Concept - The integration of the technical requirements and the code logic
• 35% - Impact Rationale - The impact that the solution would create (business logic)

The Selected Teams shall be eligible to participate in the development phase of the Contest (“Development Phase”). The objective of all Selected Teams in the Development Phase is to develop a new application/solution using Azure and open source technologies only. The Selected Teams shall also receive mentorship from Microsoft in the Development Phase. The new application/solution developed by Selected Teams in Development Phase shall also be included in the term “Entry” under these terms and conditions.

Pending confirmation of eligibility, 1 (One) Team will be selected by Microsoft or their Agent or a qualified judging panel from among all Entries submitted by Selected Teams under the Development Phase (“Winning Team”) received based on the following judging criteria within [7] days from the Contest Period:

• 20% - Originality - The originality of the idea
• 45% - Code and Concept - The integration of the technical requirements and the code logic
• 35% - Impact Rationale - The impact that the solution would create (business logic)

In the event of a tie between any eligible entries, an additional judge will break the tie based on the judging criteria described above. The decisions of the judges are final and binding. If we do not receive a sufficient number of entries meeting the entry requirements, we may, at our discretion, select fewer winners than the number of Contest Prizes described above. If public vote determines winners, it is prohibited for any person to obtain votes by any fraudulent or inappropriate means, including offering prizes or other inducements in exchange for votes, automated programs or fraudulent ids. Microsoft will void any questionable votes.

Winners will be notified via the contact information provided during registration at the Contest Page no more than 2 days following judging with prize claim instructions, including submission deadlines. If a selected winner cannot be contacted, is ineligible, fails to claim a prize or fails to return any Forms, 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.

9. PRIZES

The following prizes will be awarded:

The members of the Winning Team will receive a Microsoft Surface Go worth [69,999 INR] a chance to showcase their solution at “Microsoft Ignite The Tour”. The costs and expenses for traveling, loading, etc. to the venue of Microsoft Ignite The Tour shall be borne by the members of the Winning Team and cannot be claimed from Microsoft.

The ARV of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Terms and Conditions and the date the prize is awarded or redeemed. We will determine the value of the prize to be the fair market value at the time of prize award.

The total Approximate Retail Value (ARV) of all prizes does not exceed Rs :[69,999 * 6] INR.

We will only award one (1) prize(s) per Participant (per individual member of the Winning Team) under this Contest. No more than the stated number of prizes will be awarded. No substitution, transfer, or assignment of prize is permitted, except that Microsoft reserves the right to substitute a prize of equal or greater value in the event the offered prize is unavailable. Prizes will be sent no later than [15] days after winner selection. Prize winners may be required to complete and return prize claim and / or tax forms (“Forms”) within the deadline stated in the winner notification. Taxes on the prize, if any, are the sole responsibility of the winner, who is advised to seek independent counsel regarding the tax implications of accepting a prize.

Microsoft accepts no responsibility for prizes damaged or lost in transit.

In the event the winner does not take an element of the prize at the time stipulated by Microsoft then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

By accepting a prize, you agree that Microsoft may use your entry, name, image and other details online and in print, or in any other media, in connection with this Contest without payment or compensation to you, except where prohibited by law.

Prizes shall neither be transferable nor exchangeable for cash or otherwise. Mere participation in the Contest shall not entitle a Participant/Team to the Prize. No other person or agent can claim the Prizes on behalf of the Participant(s). This Contest cannot be clubbed with any other Offer from Microsoft.

10. GENERAL CONDITIONS AND RELEASE OF LIABILITY

To the maximum extent allowed by law, by entering you agree to release and hold harmless Microsoft and its respective parents, partners, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability or any damage, loss, death or personal injury that may occur as a result of your participation in the Contest. You undertake to indemnify and keep Microsoft and its respective parents, partners, subsidiaries, affiliates, directors, officers, employees and agents harmless and indemnified against any loss, damage, claims, costs and expenses which may be incurred or suffered by each or any of them due to your breach of any of these Terms and Conditions and/or arising from your participation in the Contest.

All local laws apply. The decisions of Microsoft are final and binding

We reserve the right to cancel, change or suspend this Contest for any reason, including cheating, technology failure, catastrophe, war or any other unforeseen or unexpected event that affects the integrity of this Contest, whether human or mechanical. If the integrity of the Contest cannot be restored, we may select winners from among all eligible entries received before we had to cancel, change or suspend the Contest. Violators will be prosecuted to the full extent of the law and may be banned from participation in future Microsoft Contests.

11. PRIVACY

Details from all entries will be collected and used for the purposes of conducting this Contest (which may include disclosure to third parties for the purpose of processing and conducting the Contest) and for publicity purposes surrounding this Contest. The information submitted by you during the registration process or otherwise when participating in the Contest may include your email address, ID number and other personal information (“Personal Information”). By entering this Contest you consent to the use of your information as described. Except as provided elsewhere in these Terms and Conditions, your Personal Information will only be used by Microsoft in accordance with applicable data protection laws and regulations and Microsoft’s privacy policy referred to below, for the purposes of administering your participation in the Contest. For more details on Microsoft’s privacy policy, please see:http://privacy.microsoft.com/en-us/default.aspx.

12. TAXES

Taxes and other levies imposed by any relevant applicable government or tax authority, as well as other costs including insurance and incidental costs, that may be levied or incurred on the prizes shall be fully borne by the prize winner.

13. NO WARRANTIES

To the maximum extent permitted by law:

1. Microsoft and its agents or contractors (if any) that it may use in the execution and management of the Contest do not warrant or represent (either directly or indirectly):
   1. That participation in and/or access to the whole or any part of the Contest, Contest materials, content, information and/or functions contained in them will be provided on an uninterrupted, timely, secure and error-free basis; or

2. That no computer viruses shall be transmitted or that no damage shall occur to your computer system as a result of any online activity of the Contest (if any).

3. Any material downloaded or otherwise obtained through the Internet is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from such download.

4. Microsoft does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise in respect of the materials on the contest site or any sites linked to the Contest site.

14. MICROSOFT’S IP RIGHTS NOT AFFECTED

Nothing in the Contest shall affect any intellectual property rights of Microsoft in any product or service which may be the subject matter of this Contest.

15. NO CHEATING TOLERATED

You acknowledge and agree that no form of cheating will be tolerated. If you are found cheating, as determined in the sole and absolute discretion of Microsoft, you will immediately be disqualified from the Contest. Cheating includes, but is not limited to, using multiple identification numbers, tampering with, hacking of the Contest site (if any), participating in the Contest without meeting the eligibility requirements, using any automated software or device to gain an advantage during the Contest, use of the Contest beyond the defined Terms and Conditions of the Contest, attempting to disable or overwhelm any of Microsoft’s websites or the Contest site (if any), attempting to disrupt any portion of the Contest, including but not limited to, allowing somebody else to use your Personal Information, or tampering with the entry process. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY OF MICROSOFT’S WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS; AND SHOULD SUCH AN ATTEMPT BE MADE, MICROSOFT RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

16. NO WAIVER

Microsoft’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or of any other provision.

17. MODIFICATION OF THESE TERMS AND CONDITIONS

To the maximum extent permitted by law, Microsoft may modify these Terms and Conditions and/or withdraw or terminate the Contest at any stage without liability towards anyone.

18. GOVERNING LAW

This Contest will be governed by the laws of India, and you consent to the exclusive jurisdiction and venue of the courts of New Delhi. The Contest is void where prohibited or restricted by law, and is subject to all applicable laws. Any disputes, differences and, or, any other matters in relation to and arising out of the Contest and/or pertaining to the rules and regulations and/or the Terms and Conditions shall be referred to a sole arbitrator to be appointed by Microsoft. The venue of arbitration shall be New Delhi (India). The decision of the sole arbitrator shall be final and binding.