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Gears of War 2 Wingman Assault Tournament Official Rules

By entering the Gears of War 2 Wingman Assault Tournament (the "Tournament"), you agree to abide by these Official Rules, the Xbox.com and Xbox LIVE Terms of Use, any other terms and conditions referenced in these Official Rules, and the decisions of the Tournament Commissioner, which shall be final and binding in all respects. If there is any conflict between these Official Rules and the Xbox.com and/or Xbox LIVE Terms of Use, these Official Rules shall control.

1.            Tournament Description

This Tournament is a live, skill based contest in which players compete against other players on the Xbox LIVE gaming platform until an overall champion is determined (as described more fully below). Prizes will be awarded to one (1) Overall Champion, and nine (9) Runners-Up as set forth below.

2.            Eligibility

You are eligible to enter this Tournament (a "Player"), if you meet the following requirements at time of entry:

  • You are a legal resident of the United States, but not a resident of Vermont, Maryland, Puerto Rico, or any other U.S. territory or possession; and
  • You are 18 years of age or older; and
  • You have access to a Microsoft Xbox 360 video game and entertainment system, the Gears of War 2 video game, a valid Xbox LIVE Gold membership and a valid Windows LIVE ID with your Xbox LIVE gamertag linked; and
  • You are not an employee of Microsoft Corporation (the "Sponsor", "us", "we" or "our"), or are not working on the product, project, promotion or providing services in connection with this Tournament; and
  • You are not an immediate family member (defined for purposes of these Official Rules as husband, wife, mother, father, sister, brother, son, daughter, or other persons residing in the household) of an employee of Microsoft Corporation.

This Tournament is void in MD, VT, Puerto Rico, and other U.S. territories and possessions and wherever else prohibited by law.

3.         Tournament Period

This Tournament begins at 12:01 A.M. Eastern Time (ET) on November 9, 2008, and ends at 11:59 P.M. (ET) on November 9, 2008 ("Tournament Period").

4.         Registration Period / Registration / Qualifying

Any person that wishes to participate in this Tournament can register by doing the following:

(1)   Register for the Tournament online at http://www.xbox.com/GearsofWar2Assault before the close of the Tournament Period.

OR,

(2)   Register via Xbox LIVE Marketplace by downloading the free Assault Weekend Registration Gamer Picture ("Gamer Picture".) before the close of the Tournament Period. To download the Gamer Picture:

  1. Sign in to Xbox LIVE and access the Xbox LIVE Marketplace,
  2. Select "Game Store",
  3. Select "All Games",
  4. Select "Gears of War 2",
  5. Select "Assault Weekend Registration Gamer Picture Pack" from the list of available content and select "Confirm Download".
  6. Upon the successful completion of the Gamer Picture download Players will see a "Assault Weekend Registration Gamer Picture Pack downloaded" message.

NOTE: Users may also access the free Assault Weekend Registration Gamer Picture via the banner ads running on the Xbox LIVE dashboard.

Registration will be open from 12:01 P.M. (ET) on October 28, 2008, until 11:59 P.M. (ET) on November 3, 2008 ("Registration Period").

All Players that register agree to be contacted for the sole purpose of this Tournament. You MUST register using the same Xbox LIVE gamertag and corresponding e-mail address that you use to participate in this Tournament. Registering and/or expressing interest in this Tournament in no way guarantees that you will be qualified to participate. We reserve the right to verify all eligibility (as stated in Section 2 above) even after the close of the Registration Period.

You may only compete using a single Xbox LIVE gamertag. If you are found to have competed under multiple identities or Xbox LIVE gamertags, you will be automatically disqualified from this Tournament and may also be disqualified from participating in future Xbox competitions.

If you are an eligible Player, you are solely responsible for keeping your Xbox LIVE account information up-to-date. All changes for e-mail addresses, phone numbers, etc. need to be completed as of October 28, 2008. Change requests made the same day may not be reflected immediately. If you fail to update your Xbox LIVE account information, you may be disqualified.

Updating Account Information (example for e-mail):
You can verify/update your profile information via your account profile on Xbox.com or through the Xbox Dashboard:

  1. From the Xbox Dashboard:
    1. From the Xbox Dashboard, select "Marketplace Blade/Screen".
    2. Select "Account Management".
    3. Select "Contact Information".
    4. Enter your account e-mail and password, and then select "Sign In".
    5. E-mail address is located on the Contact Information screen.
  2. Via Xbox.com:
    1. Go to http://live.xbox.com/en-US/default.aspx.
    2. Sign in to Xbox using your Windows Live ID account email and password.
    3. Select "Manage Profile" on your "My Xbox" Home Page.
    4. Select "Billing and Contact Information".
    5. Update your Profile Information and then select "Save".

5.         How to Play
This Tournament will consist of one (1) round of play to determine one (1) Overall Champion and nine (9) Runners-Up. Tournament play will begin on or around 12:01 A.M. (ET) on November 9, 2008, or whenever the "Wingman Public Leaderboard" ("Leaderboard") is reset. During the Tournament Period, Players will compete by playing Xbox LIVE matches on the Leaderboard, as more fully described below. Players will be ranked based on overall scores that are recorded and posted to the Leaderboard. At approximately 11:59 P.M. (ET) on November 9, 2008, play will end and the Leaderboard will be recorded.

Players can record their scores by:

  1. Enter "Multiplayer" from the Main Menu
  2. Ensure that the "Match Type" selection is set to "Public Xbox LIVE".
  3. Ensure that the "Playlist" selection is set to "Wingman"
  4. Press Start to search for a match.

Players can track their scores by:

  1. From the Gears of War 2 Main Menu select "War Journal"
  2. Once in the War Journal select "Public Leaderboards"
  3. Use left or right on the D-pad to find the Wingman leaderboard
  4. Use the left or right bumpers to adjust the player and time frame filters.
    Select "All-Time" for Time Frame
    Select "My Stats" for Player

6.         Code of Conduct
If you engage in behavior that the Tournament Commissioner or judges view as unsportsmanlike, or in a manner that is not in compliance with these Official Rules, or the Xbox.com or Xbox LIVE Terms of Use, you may be immediately disqualified from this Tournament and you may also be disqualified from competing in any future Xbox competitions. Unsportsmanlike conduct includes, but is not limited to, the following:

Unsportsmanlikeconduct (voice)

Swearing or threats

Spamming or screaming

Harassment

Lewdness

Using any device to create loud sounds

Any other type of conduct deemed inappropriate

Unsportsmanlikeconduct (gameplay)

Cheating of any sort through various means

Continuous pauses during the gameplay

Delaying or slowing gameplay using various tactics

Intentionally disconnecting the network cable

Intentionally interrupting network connectivity

Any other known or unknown way of tampering with gameplay

7.         Winner Determination
On or around December 1, 2008, the top fifty (50) Players will be posted on the Gears of War 2 Wingman Assault Tournament Web site at: http://www.xbox.com/GearsofWar2Assault and the top ten highest ranking eligible Players, as determined by us, will be named the Overall Champion and nine Runners-Up, respectively, subject to verification of eligibility and compliance with all requirements set forth in these Official Rules.

Please note: there may be ineligible players ranked on the Leaderboard and/or listed on the Web Site. In that event, the top ten highest ranking eligible Players will be determined the Overall Champion or Runner-Up (as applicable). In the event of a tie, the Tournament Commissioner will break the tie in favor of the Player that posted the highest score first.

8.         Winner Notification
If you are a potential winner, you may be:

  • Notified via the e-mail address and/or phone number you provided at time of entry on or around November 24, 2008. You must respond within two (2) days of notification to confirm your acceptance or rejection of the prize; and
  • Required to sign and return an Affidavit of Eligibility/Liability/Publicity release within two (2) days of date of winner notification.

If you are otherwise eligible to participate in the Tournament, but are a minor in the state in which you reside, we will award the prize to your parent or legal guardian on your behalf, who must sign all documents required under these Official Rules.

If you are the determined to be the winner and you (i) do not respond to the winner notification within two (2) days of notification; (ii) do not return the Affidavit of Eligibility/Liability/Publicity Release completed and signed within two (2) days of date of winner notification; or (iii) if you are not otherwise in compliance with these Official Rules, you will be disqualified and, we may, at our discretion, notify the next highest ranked eligible Player on the Leaderboard.

If you are a winner and accept the prize, you agree that we and our designees shall have the right to use your name, city and state of residence in any and all media now or hereafter known worldwide in perpetuity, without additional compensation, notification or permission, unless prohibited by law.

9.         Prize
If you are determined to be a winner (as described in Paragraph 8 above), you will receive the following prize package (all prize details are at our sole discretion):

One (1) Overall Champion Prize. A prize package consisting of the following items:

  • Zune Gears of War 2 120GB Special Edition (Approximate Retail Value (ARV), $280.00)
  • Gears of War 2 Xbox 360 console (ARV, $400.00)
  • 12-month Xbox LIVE Gold subscription card (ARV, $50.00)
  • 4,000 Microsoft Points (ARV, $50.00)

NOTE: Microsoft Points will expire from a user's account at 11:59 PM PT on June 30, 2009. Winners must SPEND these Microsoft Points prior to this expiration date.

Total ARV of Overall Champion Prize: $780.00

Nine (9) Runner Up Prizes: A prize package consisting of the following items:

  • Zune Gears of War 2 120GB Special Edition (ARV, $280.00)
  • 12-month Xbox LIVE Gold subscription card (ARV, $50.00)
  • 4,000 Microsoft Points (ARV, $50.00)

NOTE: Microsoft Points will expire from a user's account at 11:59 PM PT on June 30, 2009. Winners must SPEND these Microsoft Points prior to this expiration date.

Total ARV of each Runner Up Prize: $380.00

Total ARV of all prizes: $4,420.00

If you are the winner, the following restrictions / conditions will apply to your prize package.

  • You may not exchange your prize package for cash or other merchandise; and
  • You may not transfer your prize package to someone else. If you do not wish to accept or you cannot accept your prize package, it will be forfeited and we may, at our sole discretion, award it to a runner-up. We may, however, award a prize package of comparable or greater value, at our discretion; and
  • You are responsible for all federal, state, provincial and local taxes (including income and withholding taxes) as well as any other costs and expenses associated with accepting and/or using the prize package that are not included above as being part of the prize package; and
  • You understand that you are accepting the prize package "as is" with no warranty or guarantee, either express or implied by us; and
  • You understand that we shall determine all prize package details.

10.        Limitations of Liability
The Promotion Parties (defined below) are not responsible for any liability, cost or injury incurred by Players arising out of or in connection with the Tournament, including, without limitation, the following.

  • Lost, late, incomplete, inaccurate, stolen, fraudulent, misdirected, undelivered, interrupted, damaged, delayed or postage-due reports, entries, mail or other information; or
  • Any incorrect or inaccurate information or error or defect of any kind regardless of who it is caused by, or the means by which it occurred; or
  • Equipment, software, network or systems that fail, have viruses or other problems, are breached or that cause injury or damage to participants or their property.

By entering this Tournament, you agree to, and hereby release and hold harmless Microsoft Corporation, its parent companies, affiliates, subsidiaries, and advertising or promotion agencies, and anyone working directly or indirectly on this program, product and promotion, and all of their respective officers, directors, employees and representatives (which for the purpose of these Official Rules will be referred to together as the "Promotion Parties") from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Tournament or acceptance and use of any prize.

11.        General Conditions
This Tournament is governed by Washington law. You agree that the jurisdiction and venue for the hurdling of any disputes or actions arising not of this Tournament shall be in the courts of the State of Washington.

If, for any reason, the Tournament is not capable of running as planned for any reason, including, without limitation, the reasons set forth above, we reserve the right, at our sole discretion to cancel, terminate, modify or suspend the Tournament. If a solution cannot be found to restore the integrity of the Tournament, we may, at our sole discretion, determine the winners of this Tournament using all non-suspect, eligible entries received (as applicable) before we had to cancel, terminate, modify or suspend the Tournament.

We may disqualify you from participating in the Tournament or winning a prize (and void your participation in the other promotions we may offer) if, in our sole discretion, we determine you are attempting to undermine the legitimate operation of the Tournament by cheating, deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass us, any other entrant or our representatives or if you are otherwise not in compliance with the terms of these Official Rules.

CAUTION: ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE TOURNAMENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

12.       Winners List
The names of the winners will be posted at http://www.xbox.com/GearsofWar2Assault on or about December 1, 2008, after the conclusion of the Tournament.

13.       Sponsor
The Sponsor of this Tournament is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399.

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