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 October 2017 at 12:00 a.m. United
States Pacific Time (“PT”) and ends on 31 October 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, there will be a “Frightfully Fun Games” channel
on Game Pass consisting of certain games, including the following: State of Decay; Dead Rising 3; Dead Island
DE; Layers of Fear; DmC Devil May Cry; Resident Evil 0 HD; Limbo; Saints Row:
GAT Out of Hell; Resident Evil 6; Maldita Castilla EX; Metro Last Light Redux;
SR IV; DR2: Case Zero; The Flame in the Flood; Book of Unwritten Tales 2; The
Swapper; D4: Dark Dreams Don’t Die; and Costume Quest 2 (each a “Frightfully
Fun Game”).
During the Promotion
Period, 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. Next,
access the Game Pass Frightfully Fun Games channel and
download (as needed) and play Frightfully Fun Games. You can receive one of the following gifts
(while supplies last) based on your play of Frightfully Fun Games as of the end
of the Promotion Period (the “Special Offer”):
a. earn
an achievement in two (2) Frightfully Fun Games to receive a Mystery Gift. Approximate Retail Value (“ARV”): $5 USD;
b. earn
an achievement in four (4) Frightfully Fun Games to receive an Ultimate Mystery
Gift. ARV: $10 USD; and
c. earn
an achievement in six (6) Frightfully Fun Games to receive an Ultimate Mystery
Gift and one (1) entry into the Prize Draw as outlined in Section 5. ARV:
$10 USD.
A
list of available achievements for Frightfully Fun Games can
be found at www.xboxachievements.com.
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 Frightfully Fun Games:
Log into your Xbox One account on your console
and confirm your Account is active and that your profile information for your
Xbox Live account, including e-mail address, is correct and current. Next, access the Game Pass Frightfully Fun
Games channel and download (as needed) and play Frightfully
Fun Games. Then, during the Promotion
Period, earn an achievement in six (6) Frightfully Fun Games (“Game Pass
Play”). Upon successfully completing
Game Pass Play, you will automatically receive one (1) entry into the Prize
Draw.
A list of available achievements for Frightfully
Fun Games can be found at www.xboxachievements.com.
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 31 October 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 31 October 2017 and received by 7 November 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 13 November 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 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 Ł390; 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.