By entering the Xbox LIVE and Mountain Dew Double XP Watch to Win Sweepstakes (“Sweepstakes”) you (or, if a minor in your place of residence, your parent or legal guardian on your behalf) agree to abide by all terms and conditions referenced in these Official Rules.
1) ELIGIBILITY: This Sweepstakes is only open to legal residents of the fifty (50) United States (including the District of Columbia) who are 18 years of age or older at the time of entry. Employees of Microsoft Corporation (“Microsoft”) (“Sponsor”), Pepsi-Cola Company, PepsiCo Inc., GMR Marketing LLC (“GMR”), and any promotion or other vendor agency involved in this Sweepstakes (and any other person engaged to work on this promotional program) and each of the above’s respective affiliates (collectively, the “Released Parties”) and the household and immediate family members (defined for the purposes of this Sweepstakes as a parent, spouse, child, and sibling) of such employees are not eligible to enter or win. Sweepstakes is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law.
2) TIMING: This Sweepstakes begins at 1:00 p.m. Pacific Time (“PT”) on October 25, 2011, and ends at 11:59 p.m. PT on December 5, 2011 (“Sweepstakes Period”). The Sweepstakes Period consists of six (6) separate weekly periods (each, a “Prize Period”).
Prize Period Start Time/Date End Time/Date
Prize Period #1 1:00 p.m. PT October 25, 2011 11:59 p.m. PT October 31, 2011
Prize Period #2 12:01 a.m. PT November 1, 2011 11:59 p.m. PT November 7, 2011
Prize Period #3 12:01 a.m. PT November 8, 2011 11:59 p.m. PT November 14, 2011
Prize Period #4 12:01 a.m. PT November 15, 2011 11:59 p.m. PT November 21, 2011
Prize Period #5 12:01 a.m. PT November 22, 2011 11:59 p.m. PT November 28, 2011
Prize Period #6 12:01 a.m. PT November 29, 2011 11:59 p.m. PT December 5, 2011
3) HOW TO ENTER: There are two ways to enter—either online via an Xbox 360® console or via e-mail.
a) To enter online via an Xbox 360® console, you must have access to an Xbox 360® console and be an Xbox LIVE Gold or free member in good standing. Once you have verified that you meet these system requirements, you will automatically receive one (1) entry when you navigate to the Mountain Dew landing page on the Xbox LIVE Dashboard and click the designated area to watch the available video during the Sweepstakes Period as instructed.
i) Updating Account Information: Potential winners will be contacted using the contact information tied to the Xbox LIVE Gamertag used to earn an entry. Please be sure that your Xbox LIVE Gamertag profile information, including e-mail address, mailing address, and phone number, is correct and current. You can verify/update your profile information via your account profile by following the instructions on Xbox.com or through the Xbox LIVE Dashboard from your Xbox 360® console.
b) To enter by e-mail without purchase, registering, or accessing the Xbox LIVE Dashboard on the Xbox LIVE service, draft an e-mail with the subject line “Xbox LIVE and Mountain Dew Watch To Win” and include in the body of the e-mail your name, address, city, state, zip code, daytime phone number, and e-mail address and send the e-mail to firstname.lastname@example.org. E-mail entries must be received during the Sweepstakes Period to be eligible.
c) Entry Limit: Limit one (1) entry per person/authorized e-mail account holder per Prize Period, regardless of method of entry. The use of automated devices to enter this Sweepstakes is prohibited. Microsoft assumes no responsibility for lost, late, or misdirected entries or any computer, online, telephone, or technical malfunctions that may occur. All entries become Microsoft’s property and will not be returned.
4) WINNER SELECTION/PRIZES: On or around January 4, 2012, GMR will randomly select one (1) Grand Prize winner, five (5) First Prize winners and five (5) Second Prize winners from among all eligible entries received each Prize Period during the Sweepstakes Period. Non-winning entries will not roll over to subsequent Prize Periods’ drawings. All random drawings will be conducted under the supervision of Sponsor, whose decisions are final. Odds of winning a prize depend on the number of eligible entries received during each Prize Period. Limit one (1) prize per person.
a) Six (6) Grand Prizes (one (1) Grand Prize winner per Prize Period): One (1) Xbox 360 Limited Edition Call of Duty: Modern Warfare 3 Console, one (1) Xbox 360 Call of Duty: Modern Warfare 3 Wireless Headset and two (2) Xbox 360 Call of Duty: Modern Warfare 3 Wireless Controllers. The Approximate Retail Value (“ARV”) of each Grand Prize is $590.
b) Thirty (30) First Prizes (five (5) First Prize winners per Prize Period): Two (2) Xbox 360 Call of Duty: Modern Warfare 3 Wireless Controllers. The ARV of each First Prize is $120.
c) Thirty (30) Second Prizes (five (5) Second Prize winners per Prize Period): One (1) Xbox 360 Call of Duty: Modern Warfare 3 Wireless Headset. The ARV of each Second Prize is $70.
d) Approximate Retail Value of all prizes combined: $9,240.
Prizes are not redeemable for cash. No substitution, transfer, or assignment of prize permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event an offered prize is unavailable. Taxes on the prizes are solely the responsibility of the winner.
5) WINNERS: The winners will be notified and confirmed as follows:
a) Grand, First and Second Prize Winners: The Grand, First and Second Prizes will be shipped within eight (8) weeks following the drawing to the addresses associated with the Grand, First and Second Prize winners’ Xbox LIVE accounts/e-mail entries. Return of any prize as undeliverable will result in forfeiture of prize. If notified winner is not eligible, forfeits prize, or declines prize, an alternate winner may be randomly selected as a Grand, First or Second Prize winner, time and circumstances permitting.
b) Publicity Release: Entrants further grant to Sponsor the right to use and publish their proper names, states, and Xbox LIVE Gamertags online and in print in any other media in connection with the Sweepstakes. Acceptance of a prize constitutes permission for Sponsor to use winners’ names and likenesses for advertising and promotional purposes without additional compensation unless prohibited by law.
6) ADDITIONAL TERMS: By entering, entrant agrees to accept and abide by the Official Rules of this Sweepstakes and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation, or award of prize, shall be resolved by Sponsor, whose decision shall be binding and final. By entering, entrant agrees to be notified using the contact information provided in the entrant’s Xbox LIVE account/e-mail entry by the Sponsor and/or GMR for the purposes of the administration of this Sweepstakes. This Sweepstakes is governed by the laws of the State of Washington, and entrant consents to the exclusive jurisdiction and venue of the Courts of the State of Washington for any disputes arising out of this Sweepstakes. All federal, state, and local laws and regulations apply. By participating, entrant agrees to release and hold harmless the Released Parties from any injury, loss or damage to person, including death or property damage due in-whole or in-part, directly or indirectly to the acceptance, use, or misuse of a prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes. Sponsor and the other Released Parties are not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes or in the announcement of prizes, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event), the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate the Sweepstakes as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to randomly select the winner(s) from among all valid and eligible entries received up to the time of such Force Majeure event.
7) INTERNET: If for any reason the Internet portion of this Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify, or suspend this Sweepstakes. In any such event, Microsoft, at its sole discretion, will randomly select the winner(s) from eligible, non-suspect entries received prior to the event requiring such termination, suspension or cancellation. Microsoft and the other Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Microsoft and the other Released Parties are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Microsoft on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. Entries made by Internet will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
8) WINNER LIST: The names and/or Xbox LIVE Gamertags of any major prize winners (prizes valued $25 or greater) will be posted online on or around February 28, 2012 at: xbox.com/winners and this list will remain posted for at least thirty (30) days.
9) SPONSOR: This Sweepstakes is sponsored by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052.
10) ADMINISTRATOR: This Sweepstakes is administered by GMR Marketing LLC, 5000 South Towne Drive, New Berlin, WI 53151.