The Lips Open Mic Contest Presented by AT&T - Official Rules

Due to technical issues, we've revised Phase 2 of the Judge Process to:

All other aspects of this Contest remain unchanged. Please see the "JUDGING/PUBLIC VOTING" section of the Official Rules below for full details.

NO PURCHASE NECESSARY TO ENTER OR WIN
ELIGIBILITY: This contest ("Promotion") is open to legal residents of the 50 United States (including the District of Columbia) who are 18 years of age or older. Employees, officers and directors of Microsoft Corporation ("Sponsor"), AT&T and each of their respective parent companies, subsidiaries, affiliates, assignees, distributors, retailers, advertising/promotion agencies and Project Support Team, Inc. ("Administrator") (collectively, the "Released Parties"), and any such employee's immediate family members (including mother, father, sister, brother, child, spouse, and their respective spouses, regardless of where they reside) and those living in their households (whether related or not) are not eligible to enter or win. Promotion is void in outside the geographic area described above and where prohibited. Promotion is subject to all applicable federal, state and local laws.

HOW TO PARTICIPATE / SUBMIT ENTRIES / ENTRY LIMITS: The Entry Period begins on 2/20/09 at 12:00:00 AM Pacific Time ("PT") and ends on 3/13/09 at 11:59:59 PM PT (the "Entry Period"). All entrants must have a Windows Live ID (which is free) to participate. Details on how to obtain a free Windows Live ID are available at http://get.live.com/getlive/overview. To participate, you must write an original song, including an original musical score/composition and original song lyrics, and then create a video recording of yourself performing your original song. For purposes of these Official Rules, each video recording you submit, including the original song (i.e., original musical score/composition, original song lyrics, and musical recording / performance), constitutes an "Entry".

To submit your entry, you must do the following during the Entry Period:

  1. Visit http://www.zune.net/attlipscontest
  2. Log in with your Windows Live ID
  3. Include the name of your song in the Title field of the uploader
  4. Include your first and last name and contact email address in the Descriptor field of the uploader.
    NOTE: If you fail to include your first and last name and contact email address in the Descriptor field, your Entry will not be eligible for judging in this contest. If you are selected as a finalist, we will notify you using the e-mail address you used to tag your entry. Please make sure you're your e-mail address is correct and current. Additionally, we must be able to contact you via the provided email address.
  5. Include the word "LipsContest" in the Tag field of the uploader and
    NOTE: If you fail to include the word "LipsContest" in the tag field of your video, your Entry will not be eligible for judging in this Contest.
  6. Using the AT&T Lips Contest Widget, follow the instructions posted to upload your video from your computer

All Entries must be received by 11:59:59 PM PT on 3/13/09 to be eligible.

There is a limit of one (1) Entry per person, per Windows Live ID and per household for the entire duration of the Entry Period. Additional Entries from any one person, Windows Live ID or household after the first Entry received from that person, Windows Live ID or household will be void. Entries must be made only in accordance with the method described above. Entries will not be acknowledged or returned.

Other than for prize notification, neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Promotion or acknowledge any qualified Entry or disqualified Entry not meeting all entry requirements stated herein.

ENTRY REQUIREMENTS: Each Entry must meet the following requirements to be considered valid. Entry must be no longer than three (3) minutes in length and must be uploaded in .wmv format. Entry must not exceed a maximum file size of 100 megabytes. The original musical score/musical composition and original song lyrics must be composed by the entrant and must be entrant's original, personal creation & cannot have been previously recorded, submitted for recording, screened, or publicly released in any manner, including but not limited to a competition. The score and song lyrics may not be composed by, or submitted on behalf of, a group, such as a band. Prize will be awarded to the entrant who composed their respective score and song lyrics, regardless of whether the applicable score is performed by a band, group, or otherwise (subject to verification of eligibility and the terms of these Official Rules). The original musical score/musical composition and original song lyrics must be primarily in the English language. The entrant must sing the song featured in the video portion of the Entry. Entrants may opt to include other people in the video portion of their Entry, but they must obtain permission from each person prior to doing so (or, from that person's parent or legal guardian if that person is a minor). By submitting an Entry, entrant warrants and represents that he/she and any persons appearing, or who are identifiable in, the Entry consent to the Entry and use of the Entry in the Promotion and to its use as otherwise set forth herein. Entrant may be required to provide proof of such consent in a form satisfactory to the Sponsor. Failure to provide such proof may, if requested, will render the Entry null and void. Participation by such people does not make them eligible to win a prize; each Entry will be will be declared made by the authorized account holder of the email address/Windows Live ID used to submit the Entry and he/she must be eligible per these Official Rules. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet Access Provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the event of a dispute as to the identity of an entrant based on email address and/or Windows Live ID associated with an Entry, the potential winner may be required to provide the Released Parties with proof that he or she is the authorized account holder of the email address/Windows Live ID associated with the Entry at issue.

The content of your Entry must be equivalent to an Entertainment Software Rating Board (ESRB) rating of "T" for Teen. (See www.esrb.org for details) and comply with the MSN Video Code of Conduct at: http://help.live.com/help.aspx?mkt=en-us&project=tou&querytype=keyword&query=coc Entry must not be immoral, obscene, offensive vulgar, demeaning, profane, unnecessarily violent, scandalous, defamatory, libelous, sexually explicit, suggestive or pornographic. Entry must not contain nudity, promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), promote any activities that may appear unsafe or dangerous; endorse any form of hate or hate group, appear to duplicate any other submitted Entries, defame, misrepresent or contain disparaging remarks about other people or companies. Entry must be in keeping with the image of the Sponsor,. Entry must not contain any personal identification, such as license plate numbers, personal names or e-mail addresses of third parties. Entry must not contain parts of other people's work including without limitation other people's or company's trademarks, logos or trade dress, copyrighted materials (i.e., no sampling of other songs, or any other types of third party materials allowed) or other proprietary materials or materials that contain the image, likeness or performance of any third party and for which the entrant has not obtained appropriate license, permission, waiver, consent or assignment of rights. Entry must not defame or invade the publicity rights or the privacy of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. All entrants agree to be bound by these Official Rules.

The use of automated or mechanical devices (or any other devices intended to automate or subvert any aspect of entry, including but not limited to Entries submitted using any bot, script, macro, form-completion software or online sweepstakes service) to enter is prohibited. If Sponsor, at its sole discretion, determines that any entrant has used any automated or otherwise inappropriate method to enter, all Entries from that entrant will be void and any prize won by that entrant will be forfeited. Additionally, any further attempts to enter by the suspect entrant at issue may be blocked. Released Parties are not responsible for telephonic, human or computer failures (hardware or software), problems or errors, or for garbled, inaccurate, delayed, stolen, incomplete, misdirected, damaged, lost or late Entries or registration information confirmations, or for garbled or delayed electronic communications, interruptions in service due to system upgrades, repairs, modifications or other causes, failures or malfunctions of connections, cable, satellite, Internet Service Provider (ISP) phones, phone lines or telephone systems, traffic congestion on the Internet or at any web site, technical or mechanical malfunctions, or other malfunctions, problems or errors, whether caused by equipment, programming, mechanical, network, human error or otherwise, or for typographical, printing or other errors appearing in these Official Rules, or otherwise relating to or in connection with this Promotion, including, without limitation, the administration of the Promotion, the incorrect uploading of video submissions, the processing or judging of Entries or registrations, the tabulation of votes, for any problems or errors related to the announcement of the winner or other Promotion-related materials. Released Parties are also not responsible for any injury or damage to entrant's or any other person's computer relating to or resulting from participation in this Promotion or downloading any materials in this Promotion. CAUTION: Any attempt to deliberately damage any web site or undermine the legitimate operation of this Promotion will be considered a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies (including attorneys' fees) from any such person(s) responsible for the attempt to the fullest extent permitted by law.

USE OF ENTRIES: Other than what is set forth below, Sponsor is not claiming any ownership rights to your entry. However, by submitting your Entry, you agree that such Entry is being submitted to Sponsor and you acknowledge and agree to the following terms:

You agree to be bound by the terms of these Official Rules; and
You agree that your Entry will not be acknowledged or returned; and
You agree to grant Sponsor an irrevocable, royalty-free, non-exclusive, worldwide, perpetual right to (i) use, copy, publish, alter, display, perform or otherwise exploit your Entry and all its content in connection with this Contest, including but not limited to any such use on the MSN Video website, the Zune.net website, including the Contest Web Site at http://www.zune.net/attlipscontest, and on the Xbox LIVE service; (ii) review, assess, and otherwise analyze your Entry and all its content in connection with this Contest; and (iii) feature your Entry and all its content in connection with the promotion of this Contest. Further, you grant Sponsor the right to sublicense the foregoing rights to a licensee at Sponsor's discretion; and
You agree that Released Parties are not responsible for any unauthorized use of your Entry by third parties; and
You agree that, during the Entry Period, you will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance; and
You agree that if you are selected as a Winner of this Contest, you are willing and able, as a condition of being named a Winner, to grant to Sponsor the irrevocable, royalty-free, non-exclusive, worldwide, perpetual right to include, use, publish, alter, display, perform or otherwise use your Entry and all its content (i) as a song for use in and in connection with the "Lips" software game title, or any future releases or versions thereof, and (ii) in and in connection with Lips-branded products and services; and (iii) in any marketing, promotion, or advertising of the "Lips" software game title and Lips-branded products or services; and
You hereby forever release Sponsor and any of its licensees from any and all claims you might have in connection with its use, publishing, or performance of your Entry and all its content as set forth above; and
You represent and warrant that you have all the rights necessary for you to grant the rights described in these Official Rules to Sponsor, and that Sponsor's use of your Entry does not breach any law; and
You understand that submitting an Entry that uses another person's performance or content without their permission may violate their legal rights, including but not limited to copyrights, rights of publicity, other intellectual property rights, or rights of privacy, and if in Sponsor's sole discretion your Entry violates another person's rights your Entry may be rendered null and void; and
You agree to sign any necessary documentation that may be required for Sponsor and any of its licensees to make use of the rights you granted above; and
You understand and acknowledge that Sponsor may have developed or commissioned materials similar or identical to your Entry and you waive any claims you may have resulting from any similarities to your Entry; and
You understand that we cannot control the incoming information you will disclose to our representatives in the course of entering, or what our representatives will remember about your entry. You also understand that we will not restrict work assignments of representatives who have had access to your entry. By entering this Contest, 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; and
You understand that you will not receive any compensation or credit for use of your entry, other than what is described in these Official Rules.

While Sponsor reserves the rights described above, Sponsor is not obligated to use your Entry for any purpose, and does not guarantee the posting of your Entry or use of your Entry in the Lips video game even if it has been selected as a winning entry. If you do not want to grant Sponsor these rights to your Entry, please do not enter this Contest.

JUDGING/PUBLIC VOTING: The judging will consist of two distinct phases.
PHASE 1: During Phase 1, which will begin on/about 2/20/09 and conclude on/about 3/23/09, all eligible Entries received during the Promotion Period will be judged by the Sponsor and Project Support Team, Inc. ("collectively the "Judges"), an independent judging agency whose decisions will be final and binding in all matters relating to this Promotion. All Entries that meet the Entry Requirements set forth herein, as determined by Sponsor, in its sole discretion, will be judged based solely on the following criteria: 1.) Originality: 0-35 points; 2.) Style: 0-35 points; 3.) Artistic Merit: 0-30 points. Using these criteria the Judges will, in their sole discretion, select up to five (5) of the top Entries (collectively, the "Top 5"). In the event of a tie, the tied Entries will be re-judged by the Judges based on overall quality on a scale of 0-100 points. Sponsor reserves the right to advance fewer than five (5) Entries to Phase 2 if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

PHASE 2: During Phase 2, the Top 3 will be made available for voting by the public between 12:00:00 AM PT on 4/17/2009 and 11:59:59 PM PT on 5/10/09 ("Voting Period"). There are three (3) ways to vote during the Voting Period: via the Internet, via the Xbox LIVE service, nd via a AT&T SMS capable headset as follows: A) Internet: Visit http://www.LipsOpenMic.com (the "Voting Site") and cast one (1) vote for your favorite video as instructed. Limit one (1) Internet vote per person and e-mail address per day of the Voting Period. or B) Xbox LIVE: Access an Xbox 360 console, log in to the Xbox LIVE Marketplace, navigate to the AT&T Lips banner ads running on the Xbox LIVE dashboard, click on the banner, and then cast one (1) vote for your favorite video by, downloading the unique gamer picture for your favorite video as instructed. . Limit one (1) Xbox LIVE service per person and Xbox LIVE gamertag per day of the Voting Period.; or C) AT&T SMS Capable Headset: View the Top 3 videos (available at the Voting Site) and text either VID1, VID2, or VID3 to "991" from your AT&T SMS capable handset to cast two (2) votes for your favorite video. NOTE: You will be charged for each text message sent from your handset according to the terms of your service agreement with AT&T Wireless. You must be an AT&T wireless service subscriber with text messaging functionality to cast a vote via this method. Check your phone capabilities for specific text messaging instructions. Limit one (1) text message / two (2) votes per person and phone number per day of the Voting Period. Voters must be legal residents of the 50 U.S. and DC who are at least 18 years of age at the time of voting. After logging in, voters may view the Entries and vote for their favorite Entry, as based on the judging criteria describe above, by following the on-screen instructions. The Top 3 entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.. Votes received from any person, or any telephone number in excess of the stated limitation will be void. The use of automated or other means to circumvent or subvert the voting process is prohibited and any votes submitted by such means will be void. Votes beyond this limit or those sent via automated means are void. The Top 3 entrants may be required to provide the Judges with a copy of their Entry on CD, DVD, or similar removable media. The Entry receiving the highest number of valid votes from the public, as determined by Sponsor, will be deemed the Grand Prize winner, subject to verification of the entrant's eligibility and total compliance with these Official Rules. The Entry receiving the second highest number of valid votes from the public, as determined by Sponsor, will be deemed the First Prize winner, subject to verification of the entrant's eligibility and total compliance with these Official Rules. The Entry receiving the third highest number of valid votes from the public, as determined by Sponsor, will be deemed the Second Prize winner, subject to verification of the entrant's eligibility and total compliance with these Official Rules. In the event of a tie (for any prize level), such tied Entries will be re-judged by the Judges based on overall quality on a scale of 0-100 points. The final scoring tabulation and winner determination will take place on or around 6/5/2009. All potential winners will be notified by telephone and/or overnight mail and/or regular mail. By participating, all entrants and voters agree to abide by these Official Rules.

PRIZES: ONE (1) GRAND PRIZE: The Grand Prize winner will receive:
A) Two (2) day/one (1) night trip for winner and one (1) guest to Los Angeles, CA from August 23, 2009 - August 24, 2009 including:
Round trip coach air transportation from closest major airport to the winner's residence to Los Angeles CA.

B) One (1) Xbox 360 120GB Elite Console System, one (1) Lips Xbox 360 video game, one (1) Zune 120GB digital media player, a one (1) year Zune Pass, one (1) Zune A/V Home Pack (includes Zune Dock, three faceplates (one for each device type), Zune Wireless Remote, Zune AC Adapter, Zune A/V Output Cable), a 12 month Xbox LIVE Gold Membership, 8,000 Microsoft Points, and one (1) Sony - BRAVIA 1080p 52" Flat-Panel LCD HDTV Flat screen TV and the opportunity to receive an invitation from Sponsor to have your song produced for use in and in connection with the "Lips" software game title, or any future releases or versions thereof. The invitation to enter into an agreement is at Sponsor's sole and unfettered discretion; no approximate retail value is assigned to such potential invitation. (Approximate Retail Value ("ARV") = $7,609).

Actual value may vary based upon location of winner's residence. In the event the concert is postponed and rescheduled, trip will be rescheduled around the dates of the rescheduled concert. In the event the concert is postponed and not rescheduled or otherwise cancelled, no compensation or substitution for such portion of the prize will be provided; however, the remainder of prize package will be awarded and Sponsor will have no further obligation to winner. If winner resides within a 100-mile radius of Los Angeles, CA, ground transportation (or other form of transportation) may be provided in lieu of air transportation, at Sponsor's sole discretion, and no compensation or substitution will be provided for difference in prize value. Trip must be taken on dates designated by Sponsor or prize will be forfeited in its entirety and, at Sponsor's discretion and time permitting, awarded to an alternate winner. Dates subject to change. Travel and accommodation restrictions and other restrictions may apply. Grand Prize winner and guest must travel together on same itinerary and are responsible for obtaining all required travel documents, (including, but not limited to required Visa, passport etc.). All travel arrangements must be made through travel agent of Sponsor's selection on a carrier of Sponsor's choice. Released Parties are not responsible for travel delays or cancellations, or for the cancellation of concert. Tickets are subject to terms and conditions specified thereon. Seat locations will be determined by Sponsor. Winner and guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of the prize and removal from concert. The Released Parties reserve the right to remove or to deny attendance to winner and/or guest who engages in a non-sportsmanlike, disruptive or inappropriate manner, or with intent to annoy, abuse, threaten or harass any other person at concert. Unused tickets cannot be refunded, exchanged or applied towards tickets for any subsequent event. If unused, tickets cannot be returned, refunded or exchanged for cash value or substitute tickets. ONE (1) FIRST PRIZE: The First Prize winner will receive one (1) Xbox 360 120GB Elite console, one (1) Lips for Xbox 360 video game, one (1) Zune 16GB digital media player, a one (1) year Zune Pass, one (1) Zune A/V Home Pack (includes Zune Dock, three faceplates (one for each device type), Zune Wireless Remote, Zune AC Adapter, Zune A/V Output Cable), a 12 month Xbox LIVE Gold Membership and 4,000 Microsoft Points. (ARV) = $989.50). ONE (1) SECOND PRIZE: The Second Prize winner will receive one (1) Xbox 360 120GB Elite console, one (1) Lips for Xbox 360 video game, one (1) Zune 16GB digital media player, a one (1) year Zune Pass, one (1) Zune A/V Home Pack (includes Zune Dock, three faceplates (one for each device type), Zune Wireless Remote, Zune AC Adapter, Zune A/V Output Cable), a 12 month Xbox LIVE Gold Membership and 4,000 Microsoft Points. (ARV) = $989.50). All costs and expenses associated with the acceptance and use of the prize not specified herein as being awarded, including, but not limited to, all federal, state and local taxes, (and for Grand Prize winner: any ground transportation (other than to and from airport in CA), food, beverages, souvenirs, gratuities, airline luggage charges, and other miscellaneous travel expenses) are winner's sole responsibility. Terms, conditions & restrictions on Microsoft Points, Zune Pass and Xbox LIVE Gold Membership apply. No transfer, cash redemption or substitution of prize is permitted except by Sponsor, which reserves the right to substitute the prize with a prize of comparable or greater value. All prize details are at Sponsor's sole discretion. All prizes are awarded "as is" without any warranty or guarantee, either express or implied by Sponsor. If winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein. Total ARV of all prizes to be awarded: $9,588.

MISCELLANEOUS: Potential winners will be required to execute and return an Affidavit of Eligibility, Liability Release and (where legal) Publicity Release within five (5) days of date of receipt of documents. Grand Prize winner's guest will be required to execute and return a Liability/Publicity Release prior to issuance of travel documents. If the guest is a minor, he/she must be accompanied by a parent or legal guardian at his/her own expense if the parent/guardian is not the Grand Prize winner. Failure to comply with the specified time period, with these Official Rules, the return of prize notification as undeliverable or Sponsor's inability to contact a potential winner within a reasonable time period will result in forfeiture of the prize, and, at Sponsor's sole discretion, the prize may be awarded to the next runner-up. By entering, all entrants agree to abide by these Official Rules and to the decisions of the Sponsor and judges, which shall be final and binding in all respects, and further agree that 1.) the Sponsor and its designees and assigns may use (unless prohibited by law) their Entries, names, cities and states of residence, photographs and/or likenesses for advertising and/or trade and/or any other purpose in any and all media now or hereafter known worldwide without limitation and without further compensation, permission or notification and 2.) the Released Parties shall have no liability and will be held harmless from any liability, loss, injury or damage to any entrant or any other person or entity, including personal injury or death to entrant or any other person or damage to personal or real property due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize, and any travel or travel-related activity thereto (including, but not limited to, attendance at concert) participation in this Promotion or the use of any Entry. Sponsor reserves the right, in its sole discretion, to void suspect Entries or claims and/or cancel, terminate or suspend any portion of this Promotion should a virus, Trojan Horse, worm, bug, non-authorized human intervention, tampering, fraud, or other causes corrupt or impair the administration, security, fairness, integrity or proper play of the Promotion and, in the event of cancellation or termination, at its discretion, select the winners from eligible non-suspect Entries received prior to the event requiring such termination or cancellation using the procedure set forth herein.

WINNER'S LIST: For a list of winners (available after 6/19/09), visit http://www.xbox.com/attlipscontest. The name will be posted until 7/24/09.

Sponsor: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052.
Administrator: Project Support Team, 6 Berkshire Blvd, Bethel, CT 06801 www.projectsupport.com.