The Quest For The Golden Bananas
Official Terms & conditions
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
These are the official terms and conditions (the "Terms and Conditions") that govern how The Quest For The Golden Bananas contest promotion will operate. This multi-country promotion will be simply referred to as the "Contest" throughout the rest of these Terms and Conditions. In these Terms and Conditions, "Microsoft", "we", "our", and "us" refer to Microsoft Ireland Operations Limited. "You", "yourself" refers to an eligible Contest entrant. The "Promoter” is Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052, USA. “Territory” shall mean: Australia, Canada (excluding the province of Quebec), France, Germany, United Kingdom and the United States (all 50 United States including the District of Columbia) (together the six “Participating Countries”).
Subject to the requirements set forth in Section 6 below, the Contest is open to anyone residing in the Territory who is 18 years of age or older (the "Required Age") at the time of entry and who has not been judicially impeded from acting on their own. Proof of age, identity and place of residence may be required and requested. Employees of Microsoft (which includes, without limitation, its directors, executive officers, agents and consultants) or its affiliates and subsidiaries are not eligible to take part, nor are members of these employees’ families (defined as parents, children, siblings, and spouse and life partners). You are also not eligible if you were or are involved in any part of the administration or execution of this Contest or you are a Government Official. Please note that this Contest is void outside of the Territory and wherever else prohibited by law. 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). If a winner is found to be ineligible, the Promoter reserves the right to award the relevant prize to another entrant and to require the return of any prize already awarded.
When entering into this Contest, you will be requested to accept fully and unconditionally these Terms and Conditions and to agree to be bound by them. You also agree to abide by the terms and conditions of any third-party website or service where the Contest is hosted, if any.
Although this Contest may be featured on Facebook and Instagram, it is in no way sponsored, endorsed, or administered by, or associated with Facebook and Instagram and Facebook and Instagram disclaim all liability in relation to this Contest. You understand that you are providing your information to the Promoter and not to Facebook.
- STATEMENT OF AGE
By entering into this Contest, you are stating that you are of the Required Age to participate in the Contest.
- ENTRY PERIOD
This Contest runs from 8:00 GMT on Monday, 19 March and finishes with the final which will close no later than 00.01 on Sunday, 25 March inclusive (the “Entry Period”). Entries received outside of the Entry Period and the relevant rounds as detailed below will not be considered.
Round 1: General submission for the Contest is open between 08.00 GMT, Monday, 19 March and will close at 04:00 GMT, Thursday 22 March. You must submit all 15 clues at one time to make it to the next round.
Round 2 (Finals): Six (6) winning teams, one from each of the Participating Countries, will progress through to the finals and will be notified via email, no later than 10:00 GMT, Thursday, 22 March. Each team will then be sent the final clue at 21:00 GMT, Thursday, 22 March, with their answer required by 23:00 GMT, Thursday 22 March. If they submit after 23:00 GMT on Thursday, 22 March or not at all, they will be disqualified.
Round 3 (Grand Final): The Grand Final will take place between 00:01 GMT, Saturday, 24 March and 23:59 GMT, Saturday, 24 March. Time depends on winners’ location.
- TO ENTER
- ENTRY REQUIREMENTS
To enter into this Contest, you must:
- Visit com/thebananaquest and read the “How to play” document
- Once the 15th puzzle has been announced, the registration of teams is permitted. Teams can consist of one (1) to a maximum of four (4) team members,
- Team names must be no longer than 48 characters and must not feature and derogatory or racist words or include any protected marks
- Each team must nominate a “Team Captain” – this “Team Captain” is required to enter an email and address. The “Team Captain” will be responsible for submitting the 15 puzzles and be the main point of contact for the team. The Team Captain will be responsible for reading and responding to official communications, sent to the registered email, throughout the competition. The Team Captain will also be deemed to be authorised to represent all team members during the Contest and accept any team prizes on behalf of all team members.
- Be a resident of the Participating Country where your team is registered. You are not permitted to be member of more than one team at the same time.
Entrants that satisfy the entry requirements above will be eligible to enter into this Contest. Entries submitted by any other means will not be accepted. The use of script, macro or any automated devices to enter this Contest is prohibited. The Promoter is not responsible for lost, corrupted, illegible or delayed entries or for network, computer, hardware or software failures of any kind over which it has no control which may restrict or delay the sending or receipt of your entry.
- CONTEST DESCRIPTION
This is a skill-based Contest consisting of three rounds and chance plays no part in the determination of the winner(s).
In Round 1 you have to solve 15 puzzles released every 3-4- hours over 3 days. Once you have found all 15 answers, after the 15th clue has been announced, you need to visit xbox.com/thebananaquest to submit the 15 answers to complete the puzzle of Round 1.
In Round 2 (Finals) the six (6) winning teams of Round 1, one from each of the Participating Countries, will compete against each other and will have to solve another puzzle. The team which is closest to the correct answer will qualify for the Grand Final.
In Round 3 (Grand Final), the winning team of Round 2 has to pass a final challenge in order to qualify for the main prize.
For the purpose of this Contest, each codeword and submission in the Contest will be called an “entry.” All eligible entries received will be judged using the criteria described in Section 9 below to determine winners. At the end of the Contest, entrants' entries will not be returned to them.
- ENTRY LIMIT
Entrants may make a maximum of one (1) entry into the Contest. Further submissions, will not be counted as entries. Any entries in addition to this may be disqualified. Entrants may use only one (1) email address to enter the Contest.
We will automatically disqualify any incomplete or illegible entry, any entries that we receive from you that are in excess of any entry limit described above, any entrant whose entry is not in accordance with these Terms and Conditions or any entrant who tampers with the entry process or is otherwise involved in any way in manipulating, interfering or tampering with this promotion or engages in any un-sportsman-like or dishonest conduct of any kind. Errors and omissions may be accepted. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- USE OF YOUR ENTRY:
Other than what is set forth below, we are not claiming any ownership rights to your entry. However, by submitting your entry, you:
- are granting us a worldwide, royalty-free license for the duration of the applicable rights to: (i) reproduce, copy, adapt your entry with all known or later developed means in connection with the promotion of this Contest in all media (now known or later developed) as defined below; (ii) use, review, assess, test and otherwise analyse your entry and all its content in connection with this Contest; and (iii) feature your entry and all its content in connection with the promotion of this Contest in all media such as including but not limited to Internet (in particular on social networks pages or online community platforms or Xbox Live Dashboard), display, POS as well as on any kind of materials such as printed materials, posters, press advertisements, online materials as for instance web-banners and emailings, audiovisual commercials;
- except in France and Germany and where prohibited by applicable law, hereby irrevocably and unconditionally waive in perpetuity any and all so-called “moral rights” or any similar right that you may have or hereinafter acquire in the entry and all its content, and to the extent that you cannot, you hereby consent to us doing or omitting to do any act that would otherwise infringe such “moral rights” or any such similar rights;
- may have to agree to sign any necessary documentation that may be required for us and our designees to make use of the rights you granted above;
- understand and acknowledge that Microsoft and other entrants may have developed or commissioned materials similar or identical to your submission;
- understand that we cannot control the incoming information you will disclose to our representatives in the course of entering, or what our representatives will remember about your entry. You also understand that we will not restrict work assignments of representatives who have had access to your entry.
- understand that you will not receive any compensation or credit for use of your entry, other than what is described in these Terms and Conditions.
- Germany only: The rights you may have according to Sections 11 (2), 32, 32a and 36 of the German Copyright Law remain unaffected.
Please note that following the end of this Contest your entry may be posted on a website selected by us for viewing by visitors to that website. While we reserve these rights, we are not obligated to use your entry for any purpose, even if it has been selected as a winning entry.
If you do not want to grant us these rights to your entry, please do not enter this Contest.
There will be six prizes in total. The prizes will be as follows:
- Main Prize: The winning team which successfully passed the Grand Final will receive the four (4) Golden Bananas (approximate Facsimile Value of at least £20,000 per banana according to the National Association of Jewellers, Institute of Registered Valuer, based on their Principles of good practice for valuers). In the event, the winning team fails in the Grand Final it may be granted a runner-up prize only.
- Runner up prizes: The five (5) remaining teams who make it through to the final will each receive four (4) bespoke designed Sea of Thieves coins, worth approximately £300 each (based on gold price per oz. as of Tuesday, 6 March, 2018. Value is subject to market fluctuation)
All prizes are as stated and are non-exchangeable. You may not exchange your prize for cash or any other merchandise or services. However, if for any reason an advertised prize is unavailable or if it is unlawful to supply the prize to you in terms of the laws of your country of residence, we reserve the right to substitute a prize of equal or greater value.
Only the Team Captain can claim the prize on behalf of a team. You may not designate someone else as the winner. If you are unable or unwilling to accept your prize, we may award it to an alternate winner amongst the runners up referred to above.
Unless otherwise noted, all prizes are subject to their supplier’s warranty and / or terms and conditions.
Prizes will be delivered within 28 working days from the day that an email response to confirm delivery details is received by the winner(s), in accordance with the above. The Promoter will send or hand-over the prize to the Team Captain with effect for the whole team, but can, at its discretion, also split the prize equally and physically in order to send or hand it over to any of the winner team members directly. The Promoter is not responsible for any delays in the postal service. With regards to the Main Prize, the Promoter may additionally require the winners to prove their identity by presenting an official ID document and to confirm in writing the acceptance of a personal hand-over of the prize to the Team Captain.
Prize winners may be required to complete and return prize claim and / or tax forms (“Forms”) within the deadline stated in the winner notification. Taxes on the prize, if any, are the sole responsibility of the winner, who is advised to seek independent counsel regarding the tax implications of accepting a prize.
- SELECTION OF WINNERS
There will be one (1) winning team of the Main Prize and five (5) winning teams of the Runners-Up Prizes.
Potential winners will be determined by No Mimes Media and verified by Assembly Media, whose names will be available on request, which will include at least one independent judge, and which will review all complete, eligible and properly submitted entries received during the Entry Period and select the winners and runners up based upon the following criteria: The first team in each Participating Country to correctly submit the 15 answers on xbox.com/thebananaquest go through to the semi-final. Reasonable spelling variations will be permitted and judge on a case by case basis. If a team in a Participating Country does not get all 15 puzzles correct, the fastest team with the next highest number of correct answers in that Participating Country will be selected.
The six (6) winning teams of Round 1, one from each of the Participating Countries, will progress through to the finals and will be notified via email, no later than 10:00 GMT, Thursday, 22 March. The notification will include the final puzzle with the answer required by 23:00 GMT, Thursday 22 March. A team which submits after 23:00 GMT on Thursday, 22 March or not at all, will be disqualified.
Of those six (6) teams in the final, one (1) winner will be determined by No Mimes Media, verified by Assembly Media, and notified by email by 9:00 GMT, Friday, 23 March.
The decisions of these judges, which are subjective, are final, non-appealable and binding. The decision will be made for the finals on Friday, 23 March and will take place at Level 3, 105 Victoria Street, London, SW1E6QT at approximately 8:00am GMT. The decision for the final will be made on Saturday, 24 March and will take place at Level 3, 105 Victoria Street, London, SW1E6QT.
- ODDS OF WINNING
Odds of winning depend on speed, accuracy and the level of skill of each entrant. If there is a dispute regarding a potential winner, we will consider the potential winner to be the authorized account holder of the email address used to enter the Contest.
- CONTACTING WINNERS
Attempts to contact the initial winners will begin on Monday, 26 March using the email details provided at time of entry. If an email is returned as undeliverable, the initial winning entrant will forfeit their prize and the judges will select an alternative winner from the runners-up. Winners who are successfully contacted will be asked to respond to an email sent to them from The Quest for the Golden Bananas. This email will request the winner’s preferred delivery address and will include a time to respond by. If the email is not responded to within the period listed on the winner notification messages, the winner will forfeit their prize and the judges will select an alternative winner from the runners-up. This process will continue for all winners and runners-up until all prizes have been allocated. It is your responsibility to respond, as a winner. We will not enter into discussion beyond this point.
- PUBLICITY AND WINNERS LIST
The winning team will be announced on the website by 08:00 GMT, Monday, 26 March.
You hereby grant Microsoft Corporation and its affiliates the right to publish your Team name as well as first and surname in online and offline worldwide media for this Contest if you are a winner for a duration of one year from the end of the Entry Period. We may request you to send us a respective declaration at any time during the Contest. You may be also asked (and may decline) to participate in further publicity or advertising relating to the Contest without remuneration, which may include the use of your Team name as well as first and surname for advertising and publicity purposes.
To the extent permitted by applicable law, the Promoter reserves the right to amend, modify, cancel or withdraw this Contest and to amend these Terms and Conditions at any time without notice. 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 Contest, we reserve the right to cancel, change or suspend this Contest. 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 Contest, we reserve the right to select winners from among all eligible entries received before we had to cancel, change or suspend the Contest. If you attempt to compromise the integrity or the legitimate operation of this Contest by hacking or by cheating or committing fraud in ANY way, we may seek compensation from you for any losses that we incur as a result of your actions to the fullest extent permitted by law. Further, we may ban you from participating in any of our future Contests, so please play fairly.
If you are resident of Germany or France, this paragraph shall apply to the exclusion of the above paragraph. If cheating, a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled - provided that these events are considered as force majeure events as defined by German or French Courts - affects the fairness and /or integrity of this Contest, we reserve the right to cancel, change or suspend this Contest. This right is reserved whether this force majeure event is due to human or technical error. If a solution cannot be found to restore the integrity of the Contest, we reserve the right to select winners from among all eligible entries received before we had to cancel, change or suspend the Contest. If you attempt to compromise the integrity or the legitimate operation of this Contest by hacking or by cheating or committing fraud in ANY way, we may seek compensation from you for any losses that we incur as a result of your actions to the fullest extent permitted by law. Further, we may ban you from participating in any of our future Contests, so please play fairly
Microsoft cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Entrants in this Contest agree that Microsoft will have no liability whatsoever for (a) any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a prize, or from participation in this Contest or (b) technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit the entrant's ability to participate in the Contest, The foregoing shall apply in the event your data or your entry is not received or lost by the Promoter. Nothing in this clause shall limit the Promoter’s liability in respect of death or personal injury arising out of its own negligence or arising out of fraud. The provisions of this section shall apply to the maximum extent permitted by applicable law.
If you are resident of France, this paragraph shall apply to the exclusion of the above paragraph. Microsoft cannot guarantee the performance of any third party over which it has no control. Entrants in this Contest agree that Microsoft will have no liability whatsoever for any losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a prize, or from participation in this Contest as long as these losses, costs, damage or disappointment are not caused by a breach by Microsoft of its statutory or contractual obligations towards the entrant.]
If you are resident of Germany, this paragraph shall apply to the exclusion of the above paragraphs. Microsoft cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Entrants in this Contest agree that Microsoft will have no liability whatsoever for (a) any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a prize, or from participation in this Contest or (b) technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit the entrant's ability to participate in the Contest, unless such injuries, losses, costs, damage or disappointment is caused by gross negligence or wilful intent of the Promoter.
Any personal data relating to entrants will be used solely in accordance with current data protection legislation applicable in Your Country of residence and in the country where the data controller is located. Microsoft’s Privacy Statement located at https://go.microsoft.com/fwlink/p/?LinkId=123161 will apply to this Contest and to all information that we receive from your entry.
Certain data relating to entrants must be provided in order to enter this Contest. Refusal by entrants to provide such data shall mean that they cannot enter this Contest. The data will be temporary used by Microsoft Corporation and its affiliates and by any of its representatives or employees for the purposes of conducting this Contest, as set out in these Terms and Conditions. Entrants have the right to exercise their rights of access to, amendment to or deletion of their data and to oppose the processing of their data for marketing purposes by writing to: The Quest For The Golden Bananas Contest, Microsoft Limited, Microsoft Campus, Xbox Member Engagement Team, Building 3, Floor 3, Thames Valley Park, Reading, Berkshire, England. RG1 6WG.
No correspondence will be entered into regarding either this Contest or these Terms and Conditions. In the event of a dispute, the Promoter’s decision shall be final in all respects on all entrants.
If you are a resident of UK, the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
If you are a resident of Australia, these terms and conditions do not, nor do they purport to, limit, exclude or modify any non-excludable statutory guarantees as provided under the Competition and Consumer Act 2010 (Cth), or any other warranties (whether express or implied) under any state or federal legislation which cannot be excluded.
- GOVERNING LAW
These Terms and Conditions, the conduct of this Contest and the interpretation and enforcement of these Terms and Conditions shall be governed and construed exclusively in accordance with the laws of the entrant’s country of residence. Nothing herein shall deprive you of any more favourable terms that could apply to you under the laws of your country of residence.
Inquiries and/or complaints related to the Contest can be made by visiting https://support.xbox.com/
Terms and Conditions can be obtained at xbox.com/thebananaquest.