Xbox Controller Sweepstakes

Official Rules

 

NO PURCHASE OR CONSOLE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS REQUIRED. STANDARD DATA CHARGES MAY APPLY.

 

1. Eligibility: Xbox Controller Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (and the District of Columbia) and Canada (excluding Quebec) who are at least eighteen (18) years old, or the age of majority in their state, province or territory of residence, at the time of entry. Employees of Microsoft Corporation, HelloWorld, Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable laws and regulations and is void in Quebec and where prohibited.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

2. Sponsor: Microsoft Corporation, One Microsoft Way, Redmond WA 98052, U.S.A. Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075, U.S.A.

 

3. Timing: The Sweepstakes begins on June 10, 2019  at 12:00 a.m. United States Pacific Time (“PT”) and ends on June 30, 2019 at 11:59 p.m. PT (the "Promotion Period"). Sponsor’s computer and Twitter LLC’s servers are the official time-keeping devices for the Sweepstakes.

 

4. How to Enter the Sweepstakes: There are two (2) ways to enter the Sweepstakes:

 

a.     Enter on an Xbox One console:  To enter via this method, you must have access to an Xbox One console and be an Xbox Live member in good standing during the Promotion Period.  Please make sure that your Xbox Live Gamertag profile information, including email address, phone number and mailing address, is complete and current as potential winners who enter via this method will be contacted using information tied to their Gamertags.  You can verify/update your profile information via your account profile by following the instructions on Xbox.com or through the Xbox Live Dashboard from your Xbox One console.

 

During the Promotion Period, log into your Xbox Live account on your console, confirm that your Xbox Live account is active, navigate to the Store and to the “Watch and Win” Tile related to this Sweepstakes.  Follow the links and instructions to watch the video and then click “enter for a chance to win”.  Upon completion of these steps, you will automatically receive one (1) entry into the Sweepstakes. 

 

b.     Enter on Twitter:  To enter via this method, you must have a Twitter account.  Twitter accounts are free, but subject to Twitter, Inc.'s terms of service:  https://twitter.com/tos. Your account settings must be set to "unprotected" and/or "public" in order for your Retweet to be viewable by Sponsor and its agents. If you Retweet using your wireless phone, message and data rates may apply. Please consult your wireless-service provider regarding its pricing plans. 

 

During the Promotion Period, take the following actions to receive one (1) entry into the Sweepstakes:

 

(i)              first, follow @Xbox or @XboxCanada on Twitter;

(ii)             Sponsor will post a unique Tweet related to the Sweepstakes that includes the hashtags #xboxelite and #sweepstakes and the link to these Official Rules: https://bit.ly/2HFt6BY (“Sponsor’s Tweet”).  Retweet Sponsor’s Tweet; and

(iii)            You need not include any additional content with your Retweet.  However, if you choose to include additional content, it must be your original work and must not be indecent, obscene, hateful, tortious, defamatory, libelous, contain material that violates or infringes another’s rights, disparage Sponsor, or any other person or party, or contain material that is unlawful in any way.  Sponsor may disqualify your Retweet if it determines that it finds it to be unlawful, or in violation of these Official Rules.

 

Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Retweets or failure to receive Retweets due to limitation of third-party social network platforms all of which will be void. 

 

Limit: Each entrant may receive one (1) entry during the Promotion Period regardless of entry method.  Multiple entrants are not permitted to share the same Xbox Live account, Gamertag or Twitter account.  Any attempt by any entrant to obtain more than one (1) entry by using multiple/different Xbox Live accounts, Gamertags, Twitter accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified.  Use of any automated system to participate is prohibited and will result in disqualification.  In the event of a dispute as to any registration, the authorized account holder of the Xbox Live account or Twitter account used to register will be deemed to be the entrant.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Twitter account, Gamertag or Xbox Live account.  Each potential winner may be required to show proof of being an authorized account holder.

 

5. Grand Prize Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes.  Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period on August 30, 2019 at 10:00 a.m. ET in Southfield, MI, U.S.A.  Each potential winner who entered via Twitter will be notified by @Xbox or @XboxCanada via Direct Message on Twitter and will be required to provide his/her name, mailing address, country and date of birth to confirm eligibility and for prize fulfillment purposes within 5 days of the date notice or attempted notice is sent into order to claim the prize. Each potential winner who entered via Xbox One console will be notified via email and will be required to provide his/her name, mailing address, country and date of birth to confirm eligibility and for prize fulfillment purposes within 5 days of the date notice or attempted notice is sent into order to claim the prize.  If potential winner is a resident of Canada, he/she will be required to accurately complete a time-limited skills-testing question to claim the prize.  If a potential winner of any prize cannot be contacted, fails to provide any other requested information within the required time period, fails the skills-test (if applicable) or the prize is returned as undeliverable, the potential winner forfeits his/her prize.  Receiving a prize is contingent upon compliance with these Official Rules.  In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.  Only three (3) alternate drawings will be held, after which the applicable prize will remain un-awarded. 

 

6. Prizes: TEN (10) GRAND PRIZES: Xbox Elite Wireless Controller.  Approximate Retail Value range (“ARV”): $179.99 USD or $242.53 CAD.  Actual value may vary based on exchange rates at the time when prize is fulfilled.

 

Prizes will become available in early November 2019 and prizes will be fulfilled within approximately 4-5 weeks thereafter.  All prize details, including controller model and design, are in Sponsor’s sole discretion.  Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.  The actual value 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 Official Rules and the date the prizes are awarded or redeemed.  Winners are responsible for all taxes and fees associated with prize use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.  Limit:  one (1) prize per person.

 

7. Tax: If a winner is not a resident of the United States, Sponsor will gross up the prize value in an amount to satisfy the 30% withholding requirement.  The withholding amount will be submitted to the US taxing authority IRS (the United States tax agency) as required by law and winner will receive a U.S tax form 1042 from the Sponsor reflecting the total value of the prize, including the gross up amount and the withholding amount submitted to the IRS will be noted separately. Winners are responsible for all taxes and fees associated with prize receipt and/or use. 

8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Gamertag profile information, Retweet, photograph (including, without limitation, winner's Twitter profile photo), voice, opinions and/or hometown and country for promotional purposes in any media, worldwide, without further payment or consideration.

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor independent from the Sponsor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion.  In such event with regard to the Sweepstakes, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

10. Release: Winners agree to release and hold harmless Sponsor, Administrator, Twitter, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware, or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or receipt, or use of any prize or while traveling to or from any prize-related activity.  If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

 

12.  Disputes/Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. 

 

13.  Declaration of Consent to Collection, Use and Transfer of Personal Information:  Information collected from entrants will be used by Sponsor and Administrator to administer the Contest and is subject to Sponsor’s privacy statement available at https://go.microsoft.com/fwlink/?LinkId=521839 and Administrator’s privacy statement available at http://www.HelloWorld.com/privacy-policy.

 

·       If you are selected as a winner, you agree to be contacted by Sponsor or Administrator. Your personal information will be treated in accordance with their respective privacy statements.

 

·       If required by applicable law(s), Administrator may retain winners’ personal information in accordance with its privacy policy.

 

·       If you are selected as a winner, you agree that your name will be posted on the winner list.

14. Severability:  If the application of any provision of these Official Rules to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitration panel or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Official Rules, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible.  In addition, if any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.

 

15.  Winner List: For a winner list, visit http://bit.ly/2Ke0MIq.  The winner list will be posted after winner confirmation is complete.

 

16. Unsubscribe: To opt out of future marketing messages from Sponsor, visit:  https://account.microsoft.com/profile/permissions-link-request. 

 

© 2019 HelloWorld, Inc.  All rights reserved.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc.