Xbox LIVE and Underoath Sweepstakes
Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

COMMON TERMS USED IN THESE RULES:

These are the official rules that govern how the Xbox LIVE and Underoath sweepstakes promotion will operate (the "Sweepstakes").

In these rules, "we" "our" and "us" refer to Microsoft Corporation and Tooth and Nail Records, the sponsors of the Sweepstakes. "You," "yourself," "I," "me," and "my" refers to an eligible Sweepstakes entrant.

1.         WHAT ARE THE START AND END DATES?

This Sweepstakes starts at 12:01 A.M. Pacific Time (PT) on April 10, 2008, and ends at 11:59 P.M. PT on May 2, 2008 ("Entry Period"). Entries must be received within the Entry Period to be eligible.

2.         CAN I ENTER?

You are eligible to enter this Sweepstakes if you meet the following requirements:

• You are a legal resident of the fifty (50) United States (including the District of Columbia), and you are 18 years or older at the time of entry; and
• You are NOT an employee of Microsoft Corporation or an employee of a Microsoft subsidiary;and
• You are NOT involved in any part of the administration and execution of this Sweepstakes; and
• You are NOT an immediate family (parent, sibling, spouse, child) or household member of a Microsoft employee, an employee of a Microsoft subsidiary, or a person involved in any part of the administration and execution of this Sweepstakes.

This Sweepstakes is void outside the geographic area identified above and wherever else prohibited by law.

3.         HOW DO I ENTER?

You can enter online by visiting the web site for the Sweepstakes at enter registration link and completing all of the required registration requirements. We will only accept one (1) entry per person and e-mail address. We are not responsible for entries that we do not receive for any reason, or for entries that we receive but are not decipherable for any reason.

We will automatically disqualify:

• Any incomplete or illegible entry; and
• Any entries that we receive from you that are in excess of the entry limit described above.

4.         WHAT IS/ARE THE PRIZE(S)?

One (1) Grand Prize Package: A prize package that includes the following items:

• One (1) drum head autographed by the band and used by the band during recording of the new album (Approximate Retail Value (ARV), $100)
• One (1) Underoath T-shirt (ARV, $10)
• One (1) Underoath messenger bag (ARV, $25)
• One (1) "Define The Great Line" CD (ARV, $15)
• One (1) "They're Only Chasing Safety" CD (ARV, $15)
• One (1) "777" DVD (ARV, $20)
• Three (3) Xbox 360 games (ARV, $180)
  • Halo 3
  • Gears of War
  • Mass Effect
• Three (3) accessories (ARV, $180)
  • Halo 3 Spartan controller
  • Halo 3 Brute controller
  • Xbox 360 Messenger kit 

The total Estimated Retail Value (ERV) of all prizes:$545

If for any reason an advertised prize is unavailable, we reserve the right to substitute a prize of equal or greater value as permitted. We will only award one (1) prize per person.

If you are selected as a potential winner of this Sweepstakes:

You may not exchange your prize for cash or any other merchandise or services; and

• You may not designate someone else as the winner. If you are unable or unwilling to accept your prize, we will award it to an alternate potential winner; and
• If you accept a prize, you will be solely responsible for all applicable taxes related to accepting the prize; and
• If you are a minor in your place of residence, we may award the prize to your parent/legal guardian on your behalf.

5.         HOW ARE WINNERS SELECTED AND NOTIFIED?

On or around the close of the Entry Period, we, or a company acting under our authorization, will select onepotential winner in a random drawing from all eligible entries received.

If you are a potential winner, we will notify you by sending a message to the e-mail address, the phone number, or mailing address (if any) listed on your entry within seven (7) days following the random drawing. If the notification that we send is returned as undeliverable, or you are otherwise unreachable for any reason, we may award the prize to an alternate randomly selected winner.

If there is a dispute as to who is the potential winner, we will consider the potential winner to be the authorized account holder of the e-mail address used to enter the Sweepstakes, or the person residing at the mailing address listed on your mail-in entry.

If you are a potential winner, we may require you to sign an affidavit of eligibility, liability/publicity release and W-9 tax form. If you are a potential winner and are a minor in your place of residence, we may require your parent or legal guardian to sign an affidavit of eligibility, liability/publicity release and W-9 tax form on your behalf. If you (or your parent/legal guardian if applicable) do not sign and return these required forms within the time period listed on the winner notification message, we may disqualify you and select an alternate randomly selected winner.

6.         WHAT ARE YOUR ODDS OF WINNING?

Your odds of winning this Sweepstakes depend on the number of eligible entries we receive.

7. WHAT OTHER CONDITIONS ARE YOU ARE AGREEING TO BY ENTERING THIS SWEEPSTAKES?

By entering this Sweepstakes you agree:

• To abide by these Official Rules; and
• To release and hold harmless Microsoft, Tooth and Nail Records and their respective parents, subsidiaries, affiliates, employees and agents from any and all liability or any injury, loss or damage of any kind arising from or in connection with this Sweepstakes or any prize won; and
• That Microsoft's decisions will be final and binding on all matters related to this Sweepstakes; and
• That by accepting a prize, Microsoft may use of your proper name and state of residence online and in print, or in any other media, in connection with this Sweepstakes, without payment or compensation to you, except where prohibited by law.

8.         WHAT LAWS GOVERN THE WAY THIS SWEEPSTAKES IS EXECUTED AND ADMINISTRATED?

This Sweepstakes will be governed by the laws of the State of Washington, and you consent to the exclusive jurisdiction and venue of the courts of the State of Washington for any disputes arising out of this Sweepstakes.

9.         WHAT IF SOMETHING UNEXPECTED HAPPENS AND THE SWEEPSTAKES CAN'T RUN AS PLANNED?

If cheating, a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled , (also referred to as force majeure) affects the fairness and / or integrity of this Sweepstakes, we reserve the right to cancel, change or suspend this Sweepstakes. This right is reserved whether the event is due to human or technical error. If a solution cannot be found to restore the integrity of the Sweepstakes, we reserve the right toselect winners from among all eligible entries received before we had to cancel, change or suspend the Sweepstakes.

If you attempt to compromise the integrity or the legitimate operation of this Sweepstakes by hacking or by cheating or committing fraud in ANY way, we may seek damages from you to the fullest extent permitted by law. Further, we may ban you from participating in any of our future Sweepstakes, so please play fairly.

10.       HOW CAN YOU FIND OUT WHO WON?

We will post the names of confirmed winners online after May 12, 2008, at http://www.xbox.com/winners. This list will remain posted for at least 30 days.

11.       WHO IS SPONSORING THIS SWEEPSTAKES?

Microsoft Corporation is the sponsor of this Sweepstakes.

Microsoft Corporation
One Microsoft Way
Redmond , WA 98052

and  

Tooth and Nail Records
2412 7th Ave W.
Seattle WA 98119