The Xbox Hydrophobia Download Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Xbox Hydrophobia Download Sweepstakes (the "Prize Draw") is open only to legal residents of the fifty (50) United States (and the District of Columbia) and the United Kingdom who are at least eighteen (18) years old at the time of entry. Employees of Microsoft Corporation, Ten Gun Design, Inc., ePrize, LLC, and their parent and affiliate companies, suppliers as well as their family and household members are not eligible. The Prize Draw is 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 Promoter's and Administrator's decisions, which are final and binding in all matters related to the Prize Draw. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Promoter: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. Administrator: ePrize LLC, One ePrize Drive, Pleasant Ridge, MI 48069 U.S.A.
3. Timing: The Prize Draw begins at 00:00 Eastern Time ("ET"), 31 January 2011, and ends at 23:59 ET, 6 February 2011 (the "Competition Period"). Sponsor's computer is the official time keeping device for the Prize Draw.
4. How to Enter:
To Enter via Xbox 360: During the Promotion Period, use your Xbox 360 video game and entertainment system to download the Hydrophobia game. To enter via your Xbox 360, you must have access to an Xbox 360 video game and entertainment system and be an Xbox LIVE Gold or (FREE) Silver member in good standing. Please be sure that your Xbox LIVE gamer profile information including e-mail address, mailing address and phone is correct and current. Upon successful download of the Hydrophobia game you will receive one (1) entry into the Sweepstakes. Limit: Each participant may only gain one (1) entry into the Sweepstakes during the Promotion Period.
To Enter via mail: To enter without downloading the Hydrophobia game or using an Xbox 360, hand print your name, address, day and evening phone numbers, email address, and age on a 3" x 5" piece of paper and mail it with proper postage to "Xbox Hydrophobia Download," c/o ePrize, LLC, PO Box 5046, Kalamazoo, MI 49003-5046 U.S.A. You will receive one (1) entry into the Sweepstakes. Limit: One (1) per envelope. All mail-in entries must be handwritten. All mail-in entries must be postmarked by 7 February 2011 and received by 16 February 2011. 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. Limit: Each participant may enter one (1) time during the Promotion Period.
Multiple entrants may not share the same email address. Any attempt by any entrant to obtain more than the stated number of plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays and that entrant may be disqualified.
Use of any automated system to participate is prohibited and will result in disqualification. Promoter is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorised account holder of the email address used to register will be deemed to be the entrant. The "authorised account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being an authorised account holder.
5. Prize Draw and Verification of Potential Winners: Administrator, an independent judging organization, whose decisions as to the administration and operation of the Prize Draw and the selection of potential winners are final and binding in all matters related to the Prize Draw, will randomly select the potential Prize Draw winners, from all eligible entries on or around 23 February 2011. The draw will take place at the Administrator's offices at the address set forth above. The potential Prize Draw winners will be notified by email, telephone, or registered mail after the date of the random draw. Receiving a prize is contingent upon compliance with these Official Rules. The potential Grand Prize winner will be required to sign and return a confirmation of eligibility form, and liability/publicity release (except where prohibited) which must be received by Administrator, within ten (10) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the confirmation of eligibility form and liability/publicity release at all or outside the required time period (if applicable), the potential winner forfeits his/her prize. In the event that a potential winner of a prize is disqualified for any reason, Promoter will award the applicable prize to an alternate winner in a random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the applicable prize will remain unawarded. First Prizes will be received 8-10 weeks after the conclusion of the Prize Draw.
6. Prizes: ONE (1) GRAND PRIZE: A Dream Vacation. If UK resident: Dream Vacation will be awarded in the form of a £2,300 allowance and assistance from a Sponsor-appointed travel agent to book a beachfront getaway; and £1,000. Approximate Retail Value ("ARV"): £3,300. The entire £1,000 portion of the prize will be withheld and remitted to the IRS to comply with U.S. tax laws. If US resident: Dream Vacation will be awarded in the form of a $4,500 allowance and assistance from a Sponsor-appointed travel agent to book a cruise. ARV: $4,500. For
Dream Vacation: Cruise and beachfront getaway destination may be selected by winner but is subject to Sponsor approval. Winner must complete the trip within one (1) year from the drawing date or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Trip subject to availability and blackout dates. Travel must be round-trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, any travel companion must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, any travel companion must be winner's parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. If international travel is included as part of the trip, winner and travel companions are solely responsible for obtaining valid passports and any other documents necessary for international travel. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for round-trip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if any event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Winner is responsible for covering any cost past the allotted trip allowance.
FIVE (5) FIRST PRIZES: 4,000 Microsoft Points. ARV: $50.
For all Prizes: Prizes are 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 or a component thereof for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are 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 Competition Period.
7. Release: By receipt of any prize, winner agrees to release and hold harmless Promoter, ePrize, LLC, Ten Gun Design, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies 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, damage to or loss of property, arising out of participation in the Prize Draw or receipt or use or misuse of any prize. This Release does not apply to claims for personal injury or death caused by the negligence of Promoter or Administrator.
8. Publicity: Except where prohibited, participation in the Prize Draw constitutes winners consent to Promoter's use of winner's name and country of residence for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Promoter reserves the right to cancel, suspend and/or modify the Prize Draw, or any part of it, if any fraud, technical failures or any other factor beyond Promoter's reasonable control impairs the integrity or proper functioning of the Prize Draw or, as determined by Promoter in its sole discretion. Promoter 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 to be acting in violation of the Official Rules of this or any other promotion in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Prize Draw may be a violation of criminal and civil law, and, should such an attempt be made, Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law. Promoter's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: 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 utilised in the Prize Draw; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorised human intervention in any part of the entry process or the Prize Draw; (4) technical or human error which may occur in the administration of the Prize Draw or the processing of entries; or (5) any injury or damage to property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Prize Draw or receipt or use or misuse of any prize (other than as a direct result of the Promoter's negligence). 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 Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, 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. 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 Promoter reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. 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 or any prize awarded shall be resolved individually, without resort to any form of class action, by the non-exclusive jurisdiction of the Courts of England and Wales; (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 Promoter in connection with the Prize Draw, shall be governed by, and construed in accordance with, the laws of England and Wales without giving effect to any choice of law or conflict of law rules (whether of England and Wales or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the England and Wales.
12. Entrant's Personal Information: Participation in the Prize Draw implies authorisation to transfer personal data to the United States for purposes of administration of the Prize Draw. All information submitted to the Promoter as part of this Prize Draw will be treated in accordance with the Promoter's privacy policy, available athttp://privacy.microsoft.com/en-us/fullnotice.mspx and ePrize's privacy policy at http://www.eprize.com/privacy-policy. Personal information will be used to: (a) contact potential winners; and (b) if an entrant selects to receive additional information from the Promoter on the entry form, to send additional information to that entrant. Entrants have the right to access, withdraw, and correct their personal data. Entrants may request such action by sending a message to "The Xbox Hydrophobia Download Sweepstakes" Opt-out Request c/o ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069 U.S.A.
13. Winner List: For a winner list, visit http://bit.ly/f04FxxL. The winner list will be posted after winner confirmation is complete.
14. General: Nothing in these terms and conditions shall be deemed to exclude or restrict any of the winner's or entrant's statutory rights as a consumer.
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