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T&Cs from Brandon Generator

Terms of Use

These terms of use (the "Terms of Use") govern Your use of the website: www.brandongenerator.com (the "Website"). Please take a moment to read them carefully. If You do not agree to these Terms of Use then please do not continue to use the Website. Your continued use of the Website indicates Your acceptance of these Terms of Use. Where You submit content to the Website such as drawings, images or voicemails, we will ask You to expressly confirm Your acceptance of these Terms of Use.
In these Terms of Use, the words “we,” “our,” and “us” refer to Microsoft Limited, the promoter of the Website. “You” and "Your" refers to You as the user of the Website.
What is the purpose of Website?

We have teamed up with the creative agencies 3 Monkeys and LBI to bring You the story of Brandon Generator, a young writer struggling with writer's block, over four mini-episodes (the "Episodes"). The story will be directed by highly acclaimed British director Edgar Wright (Shaun of the Dead, Hot Fuzz, Scott Pilgrim vs the World) and will be animated by world renowned illustrator Tommy Lee-Edwards. The story will be narrated by Julian Barratt (Mighty Boosh) and music will be provided by Unloved (who are David Holmes, Keefus Green and Jade Vincent).
The Website presents You with a unique opportunity to submit Your ideas to Edgar and Tommy via the Website to help Brandon get over his writer's block and to shape his story. The ways in which You can submit Your ideas and other important information such as eligibility, timings and what we will do with Your submissions are all set out below. If You wish to participate in Brandon's story please read on….
Remember It's Just for Fun….

Please note that the Website is just for fun and there are no prizes available for making any submissions to the Website. We and the agencies involved in the creation of the Website and Episodes do not accept any responsibility for any costs incurred by You in relation to any submission You make to us in connection with the Website or Episodes. Any and all costs incurred by You in the process of creating Your submission are Your responsibility and will, under no circumstances, be covered by us or the agencies involved in the creation of the Website and Episodes.
We may run a separate competition in relation to the Episodes where prizes will be available. If we choose to do this we will publicise this competition via the Website and the competition will be subject to separate terms and conditions.
Changes to the Terms of Use

Due to the unique collaborative and creative nature of the Website we may need to change these Terms of Use from time to time. If we need to change these Terms of Use we will let You know via a clear notice on the Website. Your continued use of the Website following such notification will indicate Your acceptance of the new Terms of Use.
Technical Specifications Needed for the Website:

In order to view the Episodes on the Website Your web browser will need to be compatible with HTML 5.
1. SUBMISSION

1.1 How do You know if You are eligible to submit ideas to us?

You can submit Your ideas to us if:

  • You are 15 years old or older at the time of submission (though please note that if You are under 18 You will need to obtain parental authorisation from a parent or guardian before making any submission); and
  • You have an active and valid email address; and
  • You have an active Windows Live, Facebook or Twitter account.


If You are not eligible to submit ideas You will still be able to access the Website to watch Brandon's story unfurl and to see the ideas submitted by others.
Employees of Microsoft or its affiliates, subsidiaries, advertising or promotion agencies are not eligible to submit ideas, nor are members of these employees' families (defined as parents, children, siblings, spouse and life partners).

1.2 When will You be able to submit an idea?

You can start to submit Your ideas from the end of Episode 1, which will be available on the Website from 12th April 2012. While the remaining Episodes will be available on the Website at approximately three (3) week intervals, please visit the Website for up-to-date information about when each Episode is likely to be available. We also recommend that You submit Your ideas no less than five (5) days in advance of an Episode becoming available on the Website in order for Your ideas to be considered for that Episode.
1.3 When is the final date by which You can submit an idea for inclusion an Episode?

Please note that Episode 4 is intended to be the last Episode and so Your very last chance to submit ideas for inclusion in the Brandon Generator story will be five (5) days before publication of that episode ("Final Deadline for Submission") which is currently scheduled for 21st June 2012.
1.4 What happens if You submit an idea outside of the recommended times and dates for submission?

You can of course submit Your ideas at any point before the Final Deadline for Submission, however to ensure that Your idea is considered for the an Episode we recommended that visit the Website for more information about when the Episodes are to become available. Please note, as the development of the story is a creative process, Your ideas may be used in any of the Episodes after Your submission or not at all.
1.5 Are these recommended times and dates for submission set out in the above table set in stone?

The recommended dates and times are guidelines and shall remain subject to change at any time.
1.6 How can You submit Your ideas?

By submitting Your ideas You promise to us that Your submission does not violate the intellectual property rights or other rights of any other person or entity. Please do not submit any ideas which do or which You believe may violate the intellectual property rights or other rights of any other person or entity.
To submit an idea You must first log in to the Website using Your Windows Live ID, Your Facebook account or Your Twitter account (unless You wish to leave a voicemail on the Skype voicemail account, in which case see Section 1.6(E) below)). Once You have signed into the Website we will also ask You to provide us with a valid email address so that we may contact You in relation to Your submission.
Once You have signed in You can submit ideas in five ways, which are:
A. Drawing on our Sketch Pad
You can use the sketch pad provided by us on the Website to submit Your drawings to be included in Episodes. Please note that we will only consider drawings which You submit to us via the sketch pad on the Website.
B. Writing on our Note Pad
You can use the note pad provided by us on the Website to submit Your written ideas for inclusion in the Episodes. Please note that we will only consider written submissions which You submit to us via the note pad on the Website.
C. Upload Your Ideas
You can upload Your ideas to the Website using the prompts that appear from time to time on the Website as the story develops.
D. Use our Dictaphone
You can submit a voice message using the Dictaphone provided via the Website using the prompts that appear from time to time on the Website as the story develops.
E. Leave a Skype Voicemail Message
You can submit Your ideas by leaving a voicemail message describing them on our Skype voicemail account using the prompts that appear from time to time on the Website as the story develops.
In order to submit a voicemail to this account You will need to have Your own Skype account.
F. Leave a Voicemail
You can also submit Your ideas by leaving a voicemail message describing them on +44 (0) 203 239 4297 .
Callers from a BT landline within the UK will be charged a set up fee of 13.1p per call plus 7.95p per minute for day-time weekday calls (7am to 7pm Monday to Friday) or 1.05p per minute for evening week-day calls (7pm to 7am Monday to Friday). Calls from other networks may be higher and from mobiles or from landlines outside the UK will cost significantly more. Callers must obtain the bill payer's permission before calling.
1.7 What happens after You have made Your submission?

Once You have submitted Your submission it will be sent to our agency, 3 Monkeys, for moderation (please see Section 2 below). No one else will be able to see Your work on the Website until it has passed the moderation process and been chosen for publication on the Website and/or inclusion in the Episode.
1.8 What happens if Your submission is not received by Microsoft?

We do not accept responsibility for network, computer or software failures of any kind, which may restrict or delay the sending or receipt of Your submission. We are not responsible for lost, corrupted or delayed submissions. Submissions sent via agents or third parties may not be accepted. Proof of sending is not proof of receipt.
1.9 Can You submit someone else's idea?

No. Your submission must be Your own work. A breach of this requirement will invalidate Your submission.
2. MODERATION

2. 1 What happens during the Moderation Process?

Regardless of how You submit Your idea, all submissions will be moderated by 3 Monkeys before being included on the Website and/or in the Episodes, based on the following criteria:

  • The idea must adhere to the style, graphical representation and atmosphere of the Brandon Generator Episodes.
  • The idea must be creative, original, playful and inventive.
  • The ideas must be Your original sole work and created solely for the purposes of this contributing to the Brandon Generator story on the Website – entries found to have been previously created, used or distributed – even if these are Your property – will not be accepted
  • All ideas submitted must not be defamatory, obscene, offensive or infringe or violate any other persons’ rights.
  • The submissions must not be illegal, hateful, threatening, pornographic, contain nudity or graphic or gratuitous violence.
  • Any incomplete, damaged, defaced or illegible submissions will be deemed invalid.



IMPORTANT: We and 3 Monkeys reserve the right to refuse, at our sole discretion, any submission which is not in accordance with the above. Any submissions which contravene UK law may be reported to the relevant authorities.
2.2 Why is Your submission being moderated?

All submissions are moderated to ensure that they comply with these Terms of Use. We cannot accept submissions which are unsuitable for display or inclusion on the Website and/or in the Episodes.
2.3. How long is the moderation process?

Between Monday and Friday please allow at least twenty-four (24) hours for moderation [prior to being contacted confirming Your submission]. This period will be longer at weekends.
2.4 How will You know if Your submission has been approved?

If Your submission passes the moderation process, You will receive an automated email via the contact details You provided upon submission to confirm such approval. We may contact You again via the contact details You provided upon submission if Your submission is selected for use in an Episode. If You do not provide contact details in Your submission You will not be contacted.
Please note, You will not be contacted if Your submission fails the moderation process.
2.5 What happens following moderation?

3 Monkeys will select the submissions to be published on the Website gallery and to be considered for inclusion within an Episode as explained in Section 3 below
3. SELECTION

3.1 Initial Selection:

3 Monkeys will review all submitted ideas which pass the moderation process (the "Eligible Submissions") based on the following criteria:

  • creativity;
  • originality; and
  • fit within the context of the Brandon Generator character and his world.



3.2 Selection for Publication on the Website

It is intended that only the Eligible Submissions selected by 3 Monkeys will be uploaded onto the Website on an on-going basis, based on the week in which they are submitted (subject to the volume of entries received and time taken for moderation) and may be also be uploaded and shared via other websites which we have created to promote the Episodes (including by way of example and without limitation, a Brandon Generator page on Facebook). These Eligible Submissions, together with the account name You used to authenticate and log into the application will be posted on the Website and may be posted on other promotional material related to the Episodes. Please do not submit any ideas to us if You are not happy for us to share this information publicly.
We are not responsible for any unauthorized use of Your Eligible Submission(s) by visitors to the Website. While we reserve these rights, we are not obligated to use Your Eligible Submission(s) for any purpose, even if it has been selected for use in an Episode.
Any Eligible Submissions may be taken down from the Website at any time for any reason, including without limitation where a claim has been made by any third party in relation to such submission.
3.3 Selection for use in an Episode

At the end of each submission deadline (communicated and set out within the Website), 3 Monkeys will present the best Eligible Submissions (based on the criteria set out in Section 3.1 above) received within the deadline to Edgar Wright and Tommy Lee-Edwards (the "Judges") to make a final decision as to which Eligible Submissions will be included in the next Episode.
3.4 When will the Judging occur?

The judging of the Eligible Submissions for each Episode will take place between each Episode release date. However, all submitted content still has a chance to make it into the Website at any time.
3.5 How will the Judges decide?

The Judges will decide which Eligible Submission to include in an Episode based on the following criteria:

  • creativity;
  • originality; and
  • fit within the context of the Brandon Generator character and his world.



3.6 What will happen if Your submission is chosen to be included in an Episode?

We may contact You via the contact details You provided upon submission if Your submission is selected for use in an Episode.
You may also be required to become involved in further publicity or advertising (including a participation photo call) and should be prepared to do this.
4. USE OF YOUR ELIGIBLE SUBMISSION

You hereby promise that Your submission is Your original work, has not been copied from others, and does not violate the privacy, intellectual property rights or other rights of any other person or entity.
You hereby grant us and our designees an irrevocable, royalty-free, worldwide, perpetual, sub-licensable right and license to: (i) to use, reproduce, publish, modify, perform and display Your submission(s) in the Episodes (ii) use, reproduce, publish, modify, perform and display the submission(s) and all its content in connection with the promotion of the Episodes and the Website and other marketing related to Internet Explorer (including without limitation http://www.beautyoftheweb.co.uk/) in each case by all means and in all media (now known or later developed).
You hereby agree, at our request, to sign any necessary documentation that may be required for us and our designees to make use of the rights You grant above.
You hereby irrevocably and unconditionally waive in perpetuity the benefit of any provision of law known as moral rights, the benefits of any provision of law known as "droit moral" or any similar law in any country of the universe with regard to Your submission(s).
You understand that You will not receive any compensation or credit for use of Your submission, other than as described in these Terms of Use.
IMPORTANT: If You do not want to grant us these rights to Your submission, please do not submit Your ideas to us.
The rights granted above do not restrict Your rights to use Your submission.
5. USE OF DATA

Personal data which You provide to us when submitting Your idea will only be used to contact You in connection with the Website and the Episodes.
6. OTHER

No correspondence will be entered into regarding either the Website, Episodes or these Terms of Use. In the unlikely event of a dispute, our decision shall be final. We reserve the right to amend these Terms of Use and withdraw the Website at any time.
You agree that we and our agencies will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from Your misuse or use of the Website. Nothing in this paragraph shall limit our liability to You in respect of any death or personal injury arising out of our negligence or arising out of our fraud.
These Terms of Use, the conduct of this promotion and the interpretation and enforcement of these terms shall be exclusively governed and construed in accordance with the laws of England and Wales, unless You are a Scottish resident, in which case You may choose the law of Your own country of residence. You irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales, unless You are a Scottish resident or a resident of Northern Ireland, in which case they may choose the courts of their place of residence.
If You have any questions in relation to the Website or how to make a submission then please contact:info@brandongenerator.com
The Website Owner is: Microsoft Limited, Microsoft Campus, Thames Valley Park, Reading, RG6 1WG, England

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