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Microsoft Corporation, its affiliates and Articulate Marketing, (collectively, “Microsoft”) would like the opportunity to conduct a case study with your company (“Company”), describing Company’s use of Microsoft technologies. To that end, Company agrees to participate with Microsoft, upon request from Microsoft, in the creation of a case study, press release, and/or testimonial advertisement. The purpose of this agreement (“Agreement”) is to lay out the terms under which Microsoft plans to use any such case study, press release or testimonial advertisement, and to give Microsoft permission to use Company’s name, logo and other identifying information contained within, in whole or in part, in sales and marketing activities relating to Microsoft technologies. Nothing herein shall be construed as an obligation of Microsoft to create such case study, press release, or testimonial advertisement, nor to use the final case study, press release or testimonial advertisement in any manner. In the event that Microsoft and Company agree to participate together in the creation of more than one case study, the terms of this Agreement shall apply to any and all case studies unless otherwise agreed to in writing by the parties. The parties agree as follows:
1. Company agrees to participate in the preparation of, and consents to Microsoft’s publication of, a case study detailing Company’s use of Microsoft technologies. The case study may include Company logos and non-confidential information, quotations from, and the names, images, and comments of, Company’s employees and contractors, and other related references. The following terms will apply to the case study:
a. Microsoft may interview, tape, videotape, and record Company’s employees or contractors for the case study. Company represents that it will obtain sufficient permissions from its employees and/or contractors to grant the rights described in this Agreement.
b. Microsoft may display Company’s name, trademarks, service marks, logos, and other identifying information in the case study, as agreed to by Company or as allowable by law as referential use.
c. Microsoft will obtain Company’s approval of the final content of the case study prior to its public release. Company agrees to review the final content for factual accuracy and to prevent the release of any confidential information. Company will provide Microsoft with written comments concerning its review of the case study within ten (10) days, or its contents will be deemed automatically approved.
d. Microsoft will own all copyrights to the case study, and grants Company a license to use and distribute the case study for its own advertising and marketing efforts. However, both parties agree to stop distributing and publicly referencing and displaying the case study at any time upon written request from the other party.
2. Company agrees to participate with Microsoft in a press release referencing Company’s use of Microsoft technologies, subject to Company’s approval of the final content of such press release.
3. Company agrees to participate with Microsoft in a testimonial advertisement referencing Company’s use of Microsoft technologies, subject to Company’s approval of the final content of such testimonial advertisement.
4. Microsoft will have the right to use, reference and display the final case study, press release and/or testimonial advertisement describing Company’s use of Microsoft technologies as follows: (i) by publication on Microsoft’s internal and public websites; (ii) by publication in printed and digital publications; (iii) in printed copies distributed to Microsoft employees and customers; (iv) in printed copies distributed at Microsoft sponsored or co-sponsored events; (v) in unedited excerpts included in speeches, slides, brochures and other marketing collateral materials (including, without limitation, Microsoft-created materials provided to third parties for their own marketing purposes); and (vi) as reference when communicating with analysts, the press and the general public. Microsoft agrees that the content of the case study, press release and/or testimonial advertisement will not be altered without prior written consent from Company.
5. Each party warrants that it has the legal authority to enter into this Agreement, and that no rights granted in this document violate the rights of any other person or entity. Each party agrees to release the other party and its contractors, agents, and employees, from any claims relating to use of the material that the releasing party provides and which is included in the case study, press release or testimonial advertisement, so long as such use is in accordance with the rights granted under this Agreement.
6. "Affiliate" means any legal entity owned by Microsoft Corporation, which owns Microsoft Corporation, or which is under common ownership with Microsoft Corporation; and "ownership" means, for purposes of the definition of "Affiliate", more than 50% ownership.
By clicking "Submit Form" and supplying your details to Microsoft you agree to these terms.
Terms & Conditions for Windows Vista Competition
1. ELIGIBILITY: This competition is open to any employee of a Microsoft
partner who work with Small Businesses’ (i.e. those with 1-50 PCs) who is
resident in the United Kingdom who is 18 years of age or older at the time
of entry. Employees of Microsoft or its affiliates, subsidiaries,
advertising or promotion agencies are not eligible, nor are members of these
employees’ families (defined as parents, children, siblings, spouse and life
partners). Entrants must seek the permission of their employers and of the
Small Businesses’ who are referred to in the Entry.
2. TO ENTER: In order to enter this competition, entrants must visit
www.articulatemarketing.com/partner.html and nominate a Small Business
who has purchased Microsoft Windows Vista on or after 1st February 2007 by
completing the partner nomination form. Once completed the entrant
must answer the question “How has Windows Vista made a difference to
your small business customer?”. Only one Entry per person will be
accepted. Incomplete, damaged, defaced or illegible Entries may be deemed
invalid at the sole discretion of Microsoft. Entry constitutes full and
unconditional acceptance of these Terms and Conditions. Microsoft reserve
the right to disqualify anyone in breach of these Terms and Conditions.
3. TIMING: This competition runs from 09:00 am GMT on 24th
March. The closing date of this competition is 11:59pm GMT on 18th
April. Completed entries must reach Microsoft no later than the closing
date.
4. USE OF DATA: Personal data which you provide when you enter this
competition may be used for future Microsoft small business marketing
activity. If you agree to this use, please tick the box on the nomination
form.
5. SELECTION OF WINNERS: The winner will be the individual working for a
Microsoft partner employee who best answers the question “How has Windows
Vista made a difference to your small business customer?”. The winner will
be determined based upon on use of language and the most creative, practical
and innovative use of Windows Vista, by a panel of two (2) judges
on 30th April 2008. The panel of judges will include at least
one independent member. The winner will be notified by email by 4th May
2008. The winner may be required to become involved in further publicity or
advertising.
6. PRIZE: The prize is an Xbox 360 (Pro). Prize as stated and non transferable. No cash or other alternatives available. Microsoft reserve the right to substitute a prize of equal or greater value. The prize will be sent by 9th May 2008.
7. WINNERS LIST: The winner consents to their surname being made publicly available. The winners surname will be available for a period of 2 months after the closing date by emailing T-Annrub@microsoft.com.
8. OTHER: No correspondence will be entered into regarding either this competition or these Terms and Conditions. In the unlikely event of a dispute, Microsoft’s decision shall be final. Microsoft reserve the right to amend, modify, cancel or withdraw this competition at any time without notice.
Promoter: Microsoft Limited, Microsoft Campus, Thames Valley Park, Reading, RG6 1WG, England