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.
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.
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
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.