Xbox Game Pass Goals Prize Draw
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Xbox Game Pass Goals Prize Draw (the “Prize
Draw”) and the Special Offer are open only to legal residents of the fifty (50)
United States (including District of Columbia) or the United Kingdom who are eighteen
(18) years or older at the time of entry ("Entrant"). 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 Prize Draw and Special Offer are subject to all
applicable 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 Prize Draw and the Special Offer. 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
Prize Draw and Special Offer begin on 1 September 2017 at 12:00 a.m. United
States Pacific Time (“PT”) and ends on 30 September 2017 at 11:59 p.m. PT (the
"Promotion Period"). Sponsor’s
computer is the official time-keeping device for the Prize Draw and the Special
Offer.
4. Special Offer:
During the Promotion Period, log into your Xbox One account on your console
and confirm your Xbox Game Pass trial or monthly subscription is active and
that your profile information for your Xbox Live account, including e-mail
address, is correct and current. Next, you
can receive one of the following gifts (while supplies last) based on your use
of Game Pass as of the end of the Promotion (the “Special Offer”):
a. download
from the Game Pass catalog one (1) game and play it for at least thirty (30)
minutes to receive a Mystery Gift.
Approximate Retail Value (“ARV”):
$5;
b. download from the Game Pass catalog three (3) games and play
each for at least thirty (30) minutes to receive an Ultimate Mystery Gift. ARV:
$10; and
c. download from the Game Pass catalog five (5) or more games
and play each game for at least thirty (30) minutes to receive an Ultimate
Mystery Gift and one (1) entry into the Prize Draw as outlined in Section 5. ARV:
$10.
Limit: Special Offer is available while
supplies last. Each participant may
receive one (1) Special Offer. Multiple
entrants are not permitted to share
the same Account. Any attempt by any participant to obtain more than one (1)
Offer by using multiple/different Accounts, email addresses, identities,
registrations and logins, or any other methods will void that participant's Special
Offer and that participant may be disqualified.
Special Offer gifts will be fulfilled directly to Xbox Live accounts through the Message
Center. Sponsor will determine which
gift will be awarded in its sole discretion.
Gifts will be fulfilled approximately 4 weeks after conclusion of the
Promotion.
5. How to Enter
the Prize Draw: There
are two (2) ways to enter:
a.
Enter by playing Game Pass games:
Log into your Xbox One account on your console and confirm your Xbox Game
Pass trial or monthly subscription (“Account”) is active and that your profile
information for your Xbox Live account, including e-mail address, is correct
and current. Then, during the Promotion
Period, download from the Game Pass catalog five (5) or more games and play
each game for at least thirty (30) minutes (“Game Pass Play”). Upon successfully completing Game Pass Play,
you will automatically receive one (1) entry into the Prize Draw.
If you successfully
complete Game Pass Play but do not want to participate in the Prize Draw, you may email XboxGamePassGoals@helloworldfulfillment.com
with the subject line “Xbox Game Pass Play Prize Draw Opt-Out” and
provide your name, address and Xbox Live account number and request that you
not be included in the Prize Draw. Your Opt-Out request must be received by 30
September 2017. Your entry will then be
removed from the Prize Draw.
- Enter
by alternate method for U.S. entrants: To enter
without purchase of Game Pass or completing Game Pass Play, hand print
your name, address, day and evening phone numbers, email address, and date
of birth on a 3" x 5" piece of paper and mail it in an envelope
with proper postage to “Xbox Game Pass Goals Prize Draw,” c/o
HelloWorld, Inc., P.O.
Box 5085, Department 832790, Kalamazoo, MI 49003-5085. You will receive one (1) entry into the Prize
Draw. Limit: One (1) entry per
envelope. All mail-in entries must
be handwritten and must be postmarked by 30 September 2017 and received by
7 October 2017. All entries become
the exclusive property of Sponsor and none will be acknowledged or
returned. Proof of sending or
submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost,
late, incomplete, invalid, unintelligible, illegible, misdirected or
postage-due entries, which will be disqualified.
c. Enter by alternate method for Northern
Ireland entrants: To enter
without purchase of Game Pass, send an email during the Promotion Period to XboxGamePassGoals@helloworldfulfillment.com with the subject line “Xbox Game Pass
Goals Prize Draw” and provide your name, address, day and evening phone
numbers, valid email address, and date of birth in the body of the email. Upon receipt of the email, eligible entrants
will receive one (1) entry into the Prize Draw.
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
or returned.
Limit: Each entrant may receive one
(1) entry during the
Promotion Period regardless of method of entry.
Multiple entrants are not permitted to
share the same Account. Any attempt by any entrant to
obtain more than one (1) entry by using multiple/different Accounts, 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 the authorized account
holder.
6.
Grand Prize Drawing: Administrator
is an independent judging organization whose decisions as to the administration and operation of the Prize
Draw and the selection of the potential winner are final and binding in all matters
related to the Prize Draw.
Administrator will randomly select
the potential winner from all eligible entries received during the Promotion
Period on or around 11 October 2017. The potential winner will be notified by
email address associated with his/her Account or provided in his/her mail or email
entry. If the potential winner is not a
resident of the U.S., Winner
will be required to complete IRS Form W-8BEN in order to claim his/her
prize. Receiving a prize is contingent
upon compliance with these Official Rules. If a potential winner cannot be
contacted, fails to sign and return
the IRS Form W-8BEN (if applicable), fails to provide any other requested
information within the required time period (if applicable), or prize is
returned as undeliverable, potential winner forfeits the prize. In the event that a potential winner of the prize
is disqualified for any reason, Sponsor will award the 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. Prize will be fulfilled approximately 8-10 weeks after the
conclusion of the Promotion.
7. Grand Prize: ONE (1) GRAND PRIZE: One (1) $500
USD Microsoft Windows Store Digital Gift Card fulfilled directly to your Xbox
Live account through the Message Center or the email address provided in your
“free entry.” Approximate Retail Value: $500 USD (or approximately £390;
Actual value may vary based on current exchange rates).
For
All Prizes: Terms and
conditions of gift cards apply. Prize is 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. Winner is 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.
U.S. Taxation.
If the 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.
8. Release: By receipt of any prize or gift,
winners agree to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates,
suppliers, distributors,
advertising/promotion agencies, and prize and gift 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 Prize Draw or Special Offer or
receipt or use or misuse of any prize
or gift.
9. Publicity: Except where prohibited, participation
in the Prize Draw or Special Offer constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name,
likeness, photograph, voice,
opinions and/or hometown and
city/country for promotional purposes in any media, worldwide, without further
payment or consideration.
10. General
Conditions: Sponsor
reserves the right to cancel, suspend
and/or modify the Prize Draw or Special Offer, or any part of it, if any fraud,
technical failures, human error or any other factor
impairs the integrity or proper functioning of the Prize Draw or Special Offer,
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 Prize Draw or
Special Offer 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 Prize Draw or Special
Offer 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.
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 Prize Draw or Special Offer; (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,
Special Offer or the Prize Draw; (4) technical or human error which may occur
in the administration of the Prize Draw, Special Offer 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 Prize Draw or Special Offer 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 Prize Draw, 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: Except where prohibited, entrant agrees
that: (1) any and all disputes, claims and causes of action arising out of or
connected with this Prize Draw, Special Offer 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 Prize
Draw, 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 Prize Draw or Special Offer, shall be governed by, and construed in
accordance with, the laws of the State of Michigan, U.S.A. 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 previously collected from
entrants when creating an Account is subject to Sponsor’s Privacy Policy http://go.microsoft.com/fwlink/?LinkId=521839. You hereby expressly agree to the
following:
- You agree that the data controller
is the Sponsor. Sponsor will, for the purposes of administration of the
Prize Draw, transfer the following personal information to Administrator
who is located in the United States of America and that Administrator will
use the following personal information for purposes of administration of
the Prize Draw and notifying and confirming winners: name, address, email
address, birthdate.
- Sponsor and Administrator are
located in the United States of America. You agree that Sponsor and
Administrator will record your personal information on servers that are
located in the United States of America. You acknowledge that the level of
data protection in the United States might not be equivalent to the level
of data protection in your home country and that the U.S. government
maintains access rights and that your personal data may be subject to
subsequent processing without comprehensive legal restraints.
- You agree to be contacted by email
by Administrator if you are selected as a winner. Administrator will treat your personal
information only for purposes of administration of the Prize Draw and will
follow Sponsor’s instructions and its own Privacy Policy (http://www.HelloWorld.com/privacy-policy).
- You agree that your name will be
posted on the winner list pursuant to Clause 13 below, if you are
selected as a winner.
You
can at any time revoke the above consent with effect for the future by
contacting the Sponsor by sending a message to:
usconstsub@microsoft.com.
You
have the right to access, withdraw, and correct your personal information. You may
request such
action by sending a message
to usconstsub@microsoft.com.
14. Winner List: For a Prize Draw winner list, visit http://bit.ly/2xu5hWH.
The winner list will be posted after winner confirmation is complete.
© 2017
HelloWorld, Inc. All rights reserved.