MICROSOFT CLIPCHAMP COMPETITION SWEEPSTAKES

TERMS AND CONDITIONS

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) BEFORE ENTERING THE SWEEPSTAKES. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND [MICROSOFT CORPORATION / MICROSOFT PTY LTD] ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ENTITLED TO PARTICIPATE IN THE SWEEPSTAKES. BY ENTERING THE SWEEPSTAKES, 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 Microsoft Clipchamp Competition Sweepstakes (“Sweepstakes”). Microsoft Corporation, One Microsoft Way, Redmond, WA, 98052, USA, is the Sweepstakes sponsor (“Sponsor”).

2. DEFINITIONS

In these Terms and Conditions , "Microsoft", "we", "our", and "us" refer to Sponsor and “you” and "yourself" refers to a Sweepstakes participant, or the parent/legal guardian of any minor Sweepstakes entrant. By entering you (your parent/legal guardian if you are a minor) agree to be bound by these Terms and Conditions.

3. ENTRY PERIOD

The Sweepstakes starts at 12:00 pm Australian Eastern Standard Time AEST on February 26, 2024, and ends at 11:59 p.m. AEST on March 26, 2024 (“Entry Period”).

4. ELIGIBILITY

To enter, you must be a legal resident of Australia, or the 50 United States (including the district of Columbia), and be 18 years of age or older. Minors must have consent of a parent/legal guardian.

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

GOVERNMENT GIFT AND ETHICS POLICIES: Microsoft is committed to complying with Government gift and ethics policies. Employees and independent contractors of the Government (including education) must adhere to gift and ethics policies applicable to them when entering the Sweepstakes or accepting any prize.

5. HOW TO ENTER

No Purchase Necessary.

To participate you must:

1. Create a new account or use an existing account on Instagram (“Instagram”); and

2. Follow @clipchamp at https://www.instagram.com/clipchamp/?hl=en;and

3. Post a publicly viewable post that includes your entry, the Sweepstakes hashtag #clipchampcompetition, and the hashtag #sweepstakes.

For doing this, you will receive one (1) Sweepstakes entry.

All elements must be included to be eligible. The account settings for your entry must be set to “unprotected” or “public” to be eligible. If your account is private, your entry will NOT be eligible; you must change the setting on your account from private to “public” or “unprotected”. The Instagram platform will be the official time clock for the Sweepstakes. Entries 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. Entries containing such content will be disqualified.

This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram. You understand that you are providing your information to the Sponsor and not to Instagram. The information you provide will only be used for administering the Sweepstakes and to contact you if you are a winner.

The entry limit is one (1) per person overall. Any attempt by you to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations, logins, or any other methods will void your entries and you may be disqualified. Use of any automated system to participate is prohibited.

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. The “authorized account holder” is the natural person assigned to an email address by an internet or online service provider, or other organization responsible for assigning email addresses.

6. WINNER SELECTION AND NOTIFICATION

Pending confirmation of eligibility, potential prize winners will be selected by Microsoft or their agent on or around 5:00 pm AEST on March 28, 2024 at 315 Brunswick Street, Fortitude Valley, Australia, in a random drawing from among all eligible entries received.

Winners will be notified via the contact information provided during entry no more than seven (7) days following the drawing 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 (as defined below), the selected winner will forfeit their prize and an alternate winner will be selected time allowing. If you are apotential winner and you are 18 years of age or older but are considered a minor in your place of legal residence, we may require your parent/legal guardian to sign all required forms on your behalf. Only three alternate winners will be selected, after which unclaimed prizes will remain unawarded.

A list of prize winners will be published on [the Clipchamp Instagram page] within [seven (7)] days of the prize draw.

7. PRIZES

The following prize will be awarded:

One (1) Grand Prize. The winner will receive:

A Clipchamp Premium 1-year subscription. Approximate Retail Value (ARV) AUD 169.00.

The ARV of electronic 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: AUD 169.00

We will only award one (1) prize(s) per person/company during the Entry Period. No more than the stated number of prizes will be awarded. No substitution, transfer, or assignment of prize 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 28 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 Sweepstakes without payment or compensation to you, except where prohibited by law.

8. ODDS

The odds of winning are based on the number of eligible entries received.

9. GENERAL CONDITIONS AND RELEASE OF LIABILITY

To the extent allowed by law, by entering you agree to release and hold harmless Microsoft and its respective parents, partners, subsidiaries, affiliates, employees, and agents from any and all liability or any damage, loss, death or personal injury of any kind that may occur as a result of your participation in this Sweepstakes or any prize won. 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 Sweepstakes.

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

We reserve the right to cancel, change, or suspend this Sweepstakes for any reason, including cheating, technology failure, catastrophe, war, or any other unforeseen or unexpected event that affects the integrity of this Sweepstakes, whether human or mechanical. If the integrity of the Sweepstakes cannot be restored, we may select winners from among all eligible entries received before we had to cancel, change or suspend the Sweepstakes.

If you attempt or we have strong reason to believe that you have compromised the integrity or the legitimate operation of this Sweepstakes by cheating, hacking, creating a bot or other automated program, or by committing fraud in any way, we may seek damages from you to the full extent of the law and you may be banned from participation in future Microsoft promotions.

10. PRIVACY

Details from all entries will be collected and used for the purposes of conducting this Sweepstakes (which may include disclosure to third parties for the purpose of processing and conducting the Sweepstakes) and for publicity purposes surrounding this Sweepstakes. The information submitted by you during the registration process or otherwise when participating in the Sweepstakes may include your email address, ID number and other personal information (“Personal Information”). By entering this Sweepstakes 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 Sweepstakes. For more details on Microsoft’s privacy policy, please see: Microsoft Privacy Statement.

11. 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.

12. NO WARRANTIES

To the maximum extent permitted by law:

Microsoft and its agents or contractors (if any) that it may use in the execution and management of the Sweepstakes do not warrant or represent (either directly or indirectly):

That participation in and/or access to the whole or any part of the Sweepstakes, Sweepstakes materials, content, information and/or functions contained in them will be provided on an uninterrupted, timely, secure and error-free basis; or

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 Sweepstakes (if any).

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.

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 Sweepstakes site or any sites linked to the Sweepstakes site.

13. MICROSOFT’S IP RIGHTS NOT AFFECTED

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

14. 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 Sweepstakes. Cheating includes, but is not limited to, using multiple identification numbers, tampering with, hacking of the Sweepstakes site (if any), participating in the Sweepstakes without meeting the eligibility requirements, using any automated software or device to gain an advantage during the Sweepstakes, use of the Sweepstakes beyond the defined Terms and Conditions of the Sweepstakes, attempting to disable or overwhelm any of Microsoft’s websites or the Sweepstakes site (if any), attempting to disrupt any portion of the Sweepstakes, 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 SWEEPSTAKES 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.

15. 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.

16. 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 Sweepstakes at any stage without liability towards anyone.

17. GOVERNING LAW

This Sweepstakes will be governed by the laws of the Queensland, and you consent to the exclusive jurisdiction and venue of the courts of the Queensland for any disputes arising out of this Sweepstakes. The Sweepstakes is void where prohibited or restricted by law, and is subject to all applicable laws.

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