Xbox Game Pass Ultimate Gears Fan
Sweepstakes
Official Rules
NO PURCHASE OR GAME PLAY NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING OR RECEIVING AN OFFER. INTERNET ACCESS REQUIRED.
STANDARD DATA CHARGES MAY APPLY.
1. Eligibility: Xbox Game Pass Ultimate Gears Fan
Sweepstakes (the “Sweepstakes”) is open only to
legal residents of the fifty (50) United States and the District of Columbia
who are at least eighteen (18) years old 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 federal, state, and local
laws and regulations and is void where prohibited. Participation constitutes entrant’s full and
unconditional agreement to these
Official Rules and Sponsor’s and Administrator’s
decisions, which 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. Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield,
MI 48075.
3. Timing: The
Sweepstakes begins on August 14, 2019 at 12:01 a.m. Pacific Time ("PT")
and ends on September 2, 2019 at 11:59 p.m. PT (the "Promotion Period"). Sponsor’s computer is the official
time-keeping device for the Sweepstakes.
4. How to Enter:
There are two (2) ways
to enter the Sweepstakes:
- Enter
Via Xbox Game Pass Quest: During the Promotion Period, log
into your Xbox Live account on your console and confirm that your Xbox
Game Pass Ultimate subscription is active and will be active through the
Promotion Period and that your profile information for your Xbox Live
account, including e-mail address, is correct and current.
Next, during the Promotion Period, complete
one (1) achievement* in Gears of War, Gears of War 2, Gears of War 3, Gears of
War 4, Gears of War: Judgement, or
Gears of War: Ultimate Edition (“Game Pass Quest”).
If you complete the Game Pass Quest, you
will automatically receive one (1) entry into the Sweepstakes.
*Achievements are offered in all games
and you can typically complete several achievements in each game you play
without doing anything you wouldn’t normally do, including but not limited to completing
stages, raising your characters’ levels, finding collectibles, and competing in
multiplayer. To view the available Achievements,
check Xbox
Achievements.
If you successfully
complete the Game Pass Quest but do not want to participate in the Sweepstakes,
you may email questapalooza@helloworldfulfillment.com
with the subject line “Xbox Game Pass
Ultimate Gears Fan Sweepstakes Opt-Out” and provide your name, mailing address,
email address and Xbox Live Gamertag and request that you be excluded from the
Sweepstakes. Your Opt-Out request must
be received by September 2, 2019. You
will not be included in the Sweepstakes.
- Enter Via
Email: During
the Promotion Period, to enter without purchase or playing, send an email to
gearsultimatefangiveaway@epiinc.com with the
subject line “Xbox Game Pass
Ultimate Gears Fan Sweepstakes Entry” and provide your name, valid
email address, Xbox Live Gamertag (if you have one), mailing address, and
date of birth in the body of the email. Upon receipt of the email, you will
receive one (1) entry into the Sweepstakes. Proof of sending will not be deemed proof
of receipt by Administrator. No entries will be acknowledged or replied
to. Sponsor and Administrator are
not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected
entries, which will be disqualified.
No entries will be acknowledged.
Limit: You may enter one (1) time during the Promotion Period regardless
of method of entry. Multiple entrants
are not permitted to share the same
email address. Any
attempt by any entrant to obtain
more than the stated number of entries by using multiple/different email
addresses, 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 email address 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 for
the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.
5. Drawings: 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 or around September 4, 2019. The potential winners will be notified by email
via the address connected to his/her Xbox Live account or provided in his/her
emailed entry. Each potential winner of
a prize valued at $600 or more (or parent/legal guardian if winner is a minor
in his/her state of residence) will be required to
sign and return a Declaration of Compliance, Liability Waiver and, where not
prohibited, a Publicity Release ("Declaration") which must be
received by Administrator, within three (3) days of the date notice or attempted
notice is sent, in order to claim his/her
prize. Each potential winner of a prize
valued less than $600 will be required to provide his/her full name, mailing
address and date of birth for eligibility and prize fulfillment purposes within
five (5) days of the date notice or attempted notice in sent, in order to claim
his/her prize. If a potential winner of
any prize cannot be contacted, fails to
sign and return the Declaration or provide any other requested information within
the required time period, 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, timing permitting, 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 prize will remain un-awarded. Non-travel prizes will be fulfilled within approximately
10-12 weeks after winner confirmation is complete.
6. Prizes: ONE (1) GRAND PRIZE: A trip for two (2) to Vancouver, British Columbia, Canada to meet The Coalition,
the Gears of War Developer Team (“Event”). Trip package includes round trip, coach-class
air transportation for two (2) from a major airport near winner’s home
(determined by Sponsor in its sole discretion) to
Vancouver, BC; three (3) nights' accommodations at a hotel determined by Sponsor
in its sole discretion (single room, double occupancy); ground transportation between
destination airport and hotel and between hotel and Event location; $500 spending
money fulfilled as a check payable to winner; a meet and greet with The
Coalition for winner and his/her guest (all details, including date, place and duration,
determined by Sponsor in its sole discretion); travel agent services; one (1) Gears LE Xbox One X Console; twelve (12) 13 oz. packs
of Chips Ahoy! cookies (all details, including varieties, determined by Sponsor
in its sole discretion); twelve (12) 4-packs of 16 fl. oz. Rockstar Energy (all
details, including varieties, determined by Sponsor in its sole discretion); one
(1) Gears 5 Collector's Ed. Jack drone, with LED lights and Six Axis Gyroscope
Flight System; one (1) Gears LE Controller;
one (1) year of Xbox Game Pass Ultimate fulfilled as a digital code (code
expires 6/30/20; terms and conditions apply); and a check for $4,000 payable to
winner intended to assist
with taxes and fees related to prize. Winner’s
actual taxes and fees related to this prize could exceed the check amount. Winner must travel on the dates chosen by
Sponsor, tentatively in mid to late October 2019 but subject to change, or
prize will be forfeited in its entirety. Winner is obligated to work with Sponsor’s
travel agent to book trip immediately upon winner confirmation. Travel and accommodations are subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and flight itinerary
in its sole discretion. No refund or
compensation will be made in the event of the cancellation or delay of any
flight. Travel is subject to the terms and conditions set forth in this
Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as
detailed in the passenger ticket contract.
All expenses and incidental travel costs not
expressly stated in the package description above, including but not limited to, meals, incidentals, gratuities, passenger
tariffs or duties, airline fees, surcharges, airport fees, service charges or
facility charges, personal charges at lodging, security fees, taxes or other
expenses are the responsibility solely of winner. Travel companion must be eighteen (18) years
of age, or the age of majority in his/her state of residence, as of the date of
departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of
residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute
liability/publicity releases prior to
issuance of travel documents. Winner and travel companion are solely responsible
for obtaining valid passports and any other documents necessary for
international travel. Travel
restrictions, conditions and limitations may apply. Sponsor will not replace any lost,
mutilated, or stolen tickets, travel
vouchers or certificates. Sponsor is not
responsible if Event is delayed, postponed or cancelled for any reason, in
which event that portion of prize is forfeited in its entirety and no
substitution will be provided except as in Sponsor’s sole discretion. Tickets may be subject to Sponsor’s standard
rain-check policies and procedures. By accepting ticket prize, winner agrees to
abide by any terms, conditions and restrictions provided by the ticket. The Sponsor is not responsible if winner does
not use ticket on day of event. Approximate
Retail Value (“ARV”): $9,671.22.
ONE
(1) FIRST PRIZE: One (1) Gears LE
Xbox One X Console; one (1) Gears LE Controller;
one (1) Gears Funko figure set; one (1) Seagate External Hard Drive; one (1)
Gears backpack; one (1) Gears Art Book; one (1) Gears 5 Collector's Ed. Jack drone
with LED lights and Six Axis Gyroscope Flight System; and one (1) year of Xbox
Game Pass Ultimate fulfilled as a digital code (code expires 6/30/20; terms and conditions apply). All prize details will be determined by Sponsor
in its sole discretion. ARV: $1,238.86.
ONE
(1) SECOND PRIZE: One (1) Xbox One S Gears
5 Bundle, comprised of one (1) Xbox One S 1 TB console, one (1) Xbox wireless
controller, one (1) Gears 5 game and four (4) other Gears of War titles; ;
one (1) Gears LE controller; and one (1) year of Xbox Game Pass Ultimate
fulfilled as a digital code (code expires 6/30/20; terms and conditions apply).
ARV: $554.86.
For
All Electronic Prizes: All prize details, including model, design
and color, are in Sponsor’s sole discretion.
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 prize is awarded or redeemed.
For
All Prizes: 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 or any prize component for one
of equal or greater value if the designated prize should become unavailable for
any reason. Winners are
responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number
of eligible entries received during the Promotion Period. Limit:
One (1) prize per person. Total
ARV of all prizes: $11,464.94.
7.
Release: By receipt of any prize, winners (or their parents/legal guardians if winners
are minors) agree
to release and hold harmless Sponsor, Administrator,
Mondelēz Global LLC, 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.
8. Publicity:
Except where prohibited, participation in the Sweepstakes constitutes each winner’s
(or his/her parent's/legal guardian's
if winner is a minor) consent to
Sponsor’s and its agents’ use of winner’s name, likeness, photograph, Gamertag profile information, voice,
opinions and/or hometown and state 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 impairs the integrity or proper functioning of
the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, 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. 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; (5) late, lost, undeliverable,
damaged or stolen mail; or (6) 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 or misuse of any prize. 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.
11. Disputes/Governing Law: Except where prohibited, entrant (or his/her parent/legal guardian if entrant
is a minor) 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; (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. 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.
12. 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 (or your parent/legal guardian if you are a
minor) 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 (or your parent/legal guardian if you are a
minor) agree that your name will be posted on the winner list.
13. 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.
14. Winner List: For a winner list, visit http://bit.ly/2YNY4Rz.
The winner list will be posted after winner confirmation is complete.
Mondelēz Global LLC is not a sponsor of this Sweepstakes.
© 2019 HelloWorld, Inc. All rights reserved.