Kinect Fitness Play and Win (“Promotion”)
Terms and Conditions
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”) BEFORE ENTERING THE PROMOTION. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE MICROSOFT ENTITY NAMED AT SECTION 1 (“MICROSOFT”) ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ENTITLED TO PARTICIPATE IN THE PROMOTION. BY ENTERING THE PROMOTION, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO ABIDE BY, THESE TERMS AND CONDITIONS.
If you are a resident of Australia, Hong Kong, India, New Zealand and Singapore, the Promoter is, and you contract with, Microsoft Regional Sales Corporation. The laws of Singapore govern this contract.
If you are a resident of Taiwan, the Promoter is, and you contract with, Microsoft Taiwan Corporation. The laws of Taiwan govern this contract.
If you are a resident of Korea, the Promoter is, and you contract with, Microsoft Korea, Inc. The laws of the Republic of Korea govern this contract.
(a) All residents of Singapore, Taiwan, Korea, India, Hong Kong, Australia and New Zealand are eligible to participate in the Promotion.
(b) You must be an Xbox LIVE Gold or Silver member in good standing.
(c) You must be at least 18 years old (or age of majority in your country of residence) to participate in the Promotion.
(d) Employees and independent contractors (and each of their immediate family members) of Microsoft, its retailers, suppliers, associated companies and agencies are not eligible to enter.
Government Gift and Ethics Policies
Microsoft is committed to complying with Government gift and ethics policies. Employees and independent contractors of the Government must adhere to gift and ethics policies applicable to them when entering the Promotion or accepting any prize.
(a) The Promotion starts at 00:00 GMT+8 on February 1, 2013 and ends at 23:59 GMT+8 on February 28, 2013 (both dates inclusive, “Promotion Period”).
(b) To enter the Promotion, you must first download the free Promotion PlayFit app during the Promotion Period to register your particulars. To download the free Promotion PlayFit app you will need to access the Xbox LIVE Marketplace using an Xbox console connected to the internet.
(c) To participate in the Promotion, you must play any one or more of the following games:
- Dance Central 3
- Nike + Kinect Training
- Kinect Sports 2
- Your Shape 2012
(d) You must participate in the Promotion using the same Xbox Live Gamertag that you used to download the PlayFit app and registered with.
(e) Entry Limit: Only one entry is permitted per person.
Prizes and How to Win
(a) Participation Prize.
The first 9,000 participants from Hong Kong, India, Korea, New Zealand, Taiwan and Singapore to download the PlayFit app and play any one or more of the games will win an Xbox LIVE 10 Year Anniversary Avatar Token, limited to one per person.
(b) Competition Prize.
The top 20 participants from each country who have spent the most number of hours on any one or more of the games, will each win 800 Microsoft points.
(c) You may only compete using a single Xbox LIVE Gamertag. If you are found to have competed under multiple identities or Gamertags, you will be automatically disqualified from the Promotion and could be disqualified from participating in future Xbox Live competitions.
(d) Microsoft reserves the right to select another prizewinner if the original prizewinner is subsequently disqualified from the Promotion.
Results of the Promotion and Redeeming the Prizes
(a) We will post the names of confirmed winners online after [21 March 2013]. This list will remain posted until [12 April 2013]. Please log on to www.xbox.com/KinectFitness using the same Xbox LIVE Gamertag that you used to participate in this Promotion to check if you have won. Prizes not redeemed by [13 April 2013] will be forfeited.
(b) Prizes are not transferable or redeemable for cash. Prizes cannot be used in combination with any other prize competitions, promotions or discounts.
(c) You may not designate someone else as the winner. If you are unable or unwilling to accept your prize, Microsoft may award it to an alternate winner.
(d) If you accept a prize, you will be solely responsible for all applicable taxes related to accepting the prize. Microsoft may choose not to award the prize to you unless you satisfy the applicable tax or reporting obligations under the applicable laws
(e) If for any reason an advertised prize is unavailable, Microsoft may substitute the advertised prize for another prize which has approximately the same recommended retail price.
(f) If there is a dispute as to who submitted the winning entry, the winner will be the authorized account holder of the email address used to enter the Promotion.
If you are a prizewinner, except where prohibited by law, you consent to the use of your name, photo and/or likeness, biographical information and statements attributed to you (if true) for advertising and promotional purposes without any compensation or notice to you.
You hereby grant Microsoft and its affiliates the right to publish your Xbox LIVE Gamertag in online and offline media for this Promotion, in case you are a winner.
Limitation of Liability and Indemnity
(a) To the extent permitted by law, Microsoft, its retailers, suppliers, associated companies and agencies will not be liable to you for any direct, indirect or consequential loss or damage whatsoever, including personal injury, which is suffered as a result of, or arising from, your participation in the Promotion or winning (or not winning) any prize.
(b) To the extent permitted by law, you undertake to indemnify and keep Microsoft, its retailers, suppliers, associated companies and agencies harmless and indemnified against any loss, damage, claims, costs and expenses which may be incurred or suffered by any or each of them due to your breach of any of these Terms and Conditions and/or arising from your participation in the Promotion or winning (or not winning) any prize.
(a) All entries are deemed to be received at the time of receipt into the Promotion database and not at the time of transmission by the entrant. Any form of automated entry using other devices or software is invalid. Microsoft may disqualify, from participating in this Promotion, any person who tampers with the entry process, or submits an entry not in accordance with these Terms and Conditions.
(b) Microsoft is not responsible for printing or typographical errors in any Promotion-related materials or for registrations, entry forms or submissions that are incomplete, lost or misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including electronic, computer, telephone, paper transfer, mail system, human or other error, including inability to access any website associated with the Promotion. Proof of online submission shall not constitute proof of receipt by Microsoft.
(c) Microsoft is not responsible for any problems or technical malfunction of any telephone network or lines, servers or providers, or any combination thereof. Nor is it responsible for any incorrect or inaccurate information caused by any of the equipment or programming associated with or utilized in this Promotion, or by any technical or human error that may occur in the course of the administration of this Promotion. If, because of any such problem, this Promotion is not able to be conducted as planned and/or the Promotion’s administration, security, fairness or integrity are compromised or affected, Microsoft may cancel, terminate, modify or suspend the Promotion and/or disqualify any entrant involved in interfering or tampering with the conduct of this Promotion in any way.
If you are a resident of Singapore, please see: http://privacy.microsoft.com/en-sg/default.mspx
If you are a resident of Taiwan, please see: http://privacy.microsoft.com/zh-tw/default.mspx.
The usage period will be the promotion period and until the time this Promotion is completed. The usage locale will be in Taiwan. You may choose to provide or not to provide Personal Information. However, if you choose not to provide Personal Information, you are not eligible to participate in this Promotion and Microsoft is not able to award any prize to you. You may ask to check, view, ask for a copy, supplement, correct, delete, or cease collecting, processing or using your Personal information
If you are a resident of Korea, please see: http://privacy.microsoft.com/ko-kr/default.mspx
If you are a resident of India, please see: http://privacy.microsoft.com/en-in/default.mspx
If you are a resident of Hong Kong, please see: http://www.microsoft.com/privacystatement/zh-hk/core/default.aspx
If you are a resident of Australia, please see: http://privacy.microsoft.com/en-au/default.mspx
If you are a resident of New Zealand, please see: http://privacy.microsoft.com/en-nz/default.mspx
Changes to Terms and Conditions
To the extent permitted by law, Microsoft may modify these terms and conditions at any time without notice. Microsoft reserves the right to cancel, suspend or change the Promotion or any element of the Promotion for any reason, including any cancellation, suspension or change necessitated by any event outside of Microsoft’s control. All entrants participating in the Promotion at the point of termination, modification or suspension of the Promotion will be notified by Microsoft in writing. In the event of modification or suspension of the Promotion, the entrant may choose to terminate their participation in the Promotion at no cost.
This Promotion shall be governed by and interpreted in accordance with the laws as set out in Section 1 above. The Promotion is void where prohibited or restricted by law, and is subject to all applicable laws. You are responsible for ensuring that you comply with all applicable laws in participating in the Promotion. If Microsoft discovers that your participation in the Promotion was in breach of applicable laws, you shall be disqualified from the Promotion.
Microsoft’s decision is final and binding
The decision of Microsoft in relation to the winner[s], or any other aspect of this Promotion, is final and no correspondence will be entered into.