Xbox.com Monthly Game Giveaway Sweepstakes

Terms & Conditions

1. Instructions on how to enter form part of the terms and conditions. By participating, entrants agree to be bound by these terms and conditions.
2. The promoter is Microsoft New Zealand Limited of Level 5, 22 Viaduct Harbour Avenue, Auckland, New Zealand. 
3. Entry is open to New Zealand residents. Residents must be aged 15 years or older to enter the promotion. Employees and their immediate families of the promoter, its retailers, suppliers and associated companies and agencies are not eligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
4. The promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who the promoter believes either has tampered with the entry process or has submitted an entry that is not in accordance with these terms and conditions. Errors and omissions will be accepted at the promoter's discretion. Failure by the promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5. The promotion commences at 9.00am NZT on 1^st  February, 2009 and closes at 5.00pm NZT on 31^st January, 2010. 3 winners will be drawn each month from the entries received in the previous month.
6. To enter this promotion, consumers must have or obtain a subscription to Xbox Silver (which is complimentary) or Xbox Gold which can be obtained by visiting http://www.xbox.com/en-NZ/live/memberships.htm, then visit http://www.xbox.com/en-NZ/community/sweepstakes/default.htm and complete the registration form in full and submit.Only one entry per person permitted per month.
7. Incomplete, indecipherable or illegible entries will be deemed invalid.
8. If there is a dispute as to the identity of an entrant, the promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
9. N o responsibility is accepted for entries not received by the promoter.
10. The prizes will be drawn at 11.00am NZT on 6^th March, 6^th April, 6^th May, 5^th June, 6^th July, 6^th August, 7^th September, 6^th October, 6^th November, 7^th December – 2009,  6^th January – 2010, and 8^th February 2010 at 22 Viaduct Harbour Avenue, Auckland. Entries in each draw will NOT be entered into any other draws.
11. Prizes: Each month the first three (3) valid entrants randomly drawn from the list will all receive an Xbox 360^® Video Game valued at NZ$109.95 (RRP). The promoter will select, in its sole discretion, the Xbox 360^® Game titles to be awarded to the prize winners, subject to availability.
12. If the winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or legal guardian. The promoter may make such inquiries as it deems necessary to satisfy itself that such consent has been obtained.
13. Subject to the unclaimed prize draw clause, if for any reason a winner does not redeem the prize by the time stipulated by the promoter, then the prize will be forfeited.
14. Prizes are not transferable, exchangeable or redeemable for cash.  If the promoter is unable to supply the nominated prize, the promoter, in its discretion, reserves the right to supply another prize of greater or equal value or specification, subject to any written directions from a regulatory authority.
15. All entries become the property of the promoter.  The promoter’s decision is final and no correspondence will be entered into. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.
16. The total maximum prize pool value is NZ$6597.00. Prize values are the recommended retail prices (inclusive of GST) as provided by the supplier of the prizes and are correct as at 21 January 2009.The promoter will not be responsible for any change in the value of a prize. The promoter and its associated agencies and companies accept no responsibility for prizes damaged or lost in transit.  
17. Winners of all prizes will be notified in writing within 2 days of the relevant draw. 
18. All prizes will be distributed. If necessary, an unclaimed prize draw will be conducted at 22 Viaduct Harbour Avenue, Auckland, on 10^th May 2010.
19. Entrants consent to the promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the promoter or any of its affiliates.
20. Except for any liability that cannot be excluded by law, the promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the promoter) due to any reason beyond the reasonable control of the promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
21. The promoter assumes no responsibility for, and the entrant releases the promoter from responsibility for, inaccurate information or for any loss, claim, damage or injury to person or property (including computer systems and servers) as a result of the entrant’s participation in this promotion or the conduct of the promotion generally or as a direct or indirect result of an entrant’s error, any technical problem of any kind including communications or network failure, unauthorised access to, transferring or theft of data, whether caused by the entrant or associated with the equipment or programming used in the conduct 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 complied or affected, the promoter 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.
22. Any costs associated with entering the promotion and accessing the website are the responsibility of the entrant. Any contact details entered incorrectly on the website shall be deemed invalid.
23. Details from all entries will be collected and used for the purposes of conducting this promotion (which may include disclosure to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to New Zealand regulatory authorities, for the purpose of processing and conducting the promotion) and for publicity purposes surrounding this promotion.  Entry is conditional on providing this information. By entering this promotion entrants consent to the use of their information as described.  Entrants may access and/or change their data by following the procedures in the promoter’s privacy policy which is available at http://privacy.microsoft.com/en-nz/default.mspx.  The promoter will only use entrant’s personal details for marketing purposes outside those described in these terms and conditions if entrants "opt in" to join the mailing list when prompted. If this is the case, the promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
24. As a condition of accepting the prize, the winner may be required to sign legal documentation as and in the form required by the promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.