XBOX FOOT LOCKER COMPETITION
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 [Xbox Foot Locker Competition] contest promotion will operate. This 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 Ireland Operations Limited, 70 Sir John Rogerson’s Quay, Dublin 2, Ireland. “Territory” shall mean: The Netherlands.
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 or 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 18:00 CET on 30 October 2018 and closes 18:00 CET on 6 November 2018 inclusive (the “Entry Period”). Entries received outside of the Entry Period will not be considered.
- TO ENTER
- (a) ENTRY REQUIREMENTS
To enter into this Contest, you must:
- visit www.Facebook.com/XboxNL and log into your Facebook account, which you must have. If you do not have a free Facebook account you may register for one at www.facebook.com. Once logged into Facebook, you must comment a photo of your Xbox Design Lab creation on the Xbox Facebook Post. You must 'like' the Xbox NL Facebook page and have your Facebook account settings configured so that you can receive direct messages in the event that you win.
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.
- (b) CONTEST DESCRIPTION
This is a skill-based Contest and chance plays no part in the determination of the winner(s). For purpose of this Contest, each photo you create and submit 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.
- (c) ELIGIBLE ENTRIES:
To be eligible for judging an entry must meet the following content/technical requirements: A fully visible screenshot of your created Xbox Design Lab controller. In addition, upon submitting your entry into this Contest, you must ensure that, to the best of your knowledge:
- your entry is your own original work and does not infringe or violate the privacy, intellectual property rights or other rights of any other person or entity;
- your entry only includes material (including music, video or images) that you own, or that you have permission from the copyright / trademark owner to use;
- you have obtained permission from any recognizable person that appears in your entry to submit your entry in this Contest and to use their personal data or likeness in the entry for the purposes of the Contest (if applicable);
- your entry is not defamatory, obscene, offensive, discriminatory, hateful, pornographic or any other inappropriate content;
- your entry does not contain anything which could adversely affect the name, reputation or goodwill of Microsoft or any other individual or entries;
- your entry does not contain any known virus, trojan horse, worm, trapdoor or similar software that may in any way affect any of the Promoter's hardware or software systems; and
- your entry has not been selected as a prize winner in any other contest.
- (d) 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) Facebook account to enter the Contest.
- (e) DISQUALIFICATION
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 (in the reasonable belief of the Promoter) is not in accordance with these Terms and Conditions or any entrant who (in the reasonable belief of the Promoter) 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 at the Promoter's absolute discretion. 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 an irrevocable, worldwide, royalty-free, [perpetual right and] 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 any future contests sponsored by Microsoft]; and (iii) feature your entry and all its content in connection with the promotion of this Contest in all media (now known or later developed) 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;
- understand and acknowledge that Microsoft and other entrants may have developed or commissioned materials similar or identical to your submission and you waive any claims you may have resulting from any similarities to your entry;
- 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. By entering this Contest, you agree that use of information in our representatives’ unaided memories in the development or deployment of our products or services does not create liability for us under this agreement or copyright or trade secret law;
- 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.
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. We are not responsible for any unauthorized use of your entry by visitors to this 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 five (5) prizes in total. The prizes will be as follows:
- Five (5) x One (1) Microsoft Xbox Design Lab controller plus one (1) pair Nike Tuned 1 shoes. €239,98 approximate value)
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.
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 winner amongst the runners up referred to above.
If you accept a prize, you will be solely responsible for all applicable taxes related to accepting the prize, if any.
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 is not responsible for any delays in the postal service.
- SELECTION OF WINNERS
There will be one (1) winner of the Prize.
Potential winners will be determined by a panel of qualified judges, 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 based upon the following criteria: the entry which shows the most originality and companionship with the shoes. The decisions of these judges, which are subjective, are final, non-appealable and binding. The decision will be made on or around 7 November 2018 and will take place at Evert van de Beekstraat 354, 1118 CZ, Schiphol at approximately 12:00. In the event of a tie between any eligible entries, the tie will be broken by an additional judge who will judge the tied entries based on the criteria listed above.
- ODDS OF WINNING
Odds of winning depend on the number of entries received 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 winner will begin on 7 November 2018 via Facebook to the account used to enter the Contest. You must have your account settings configured to 'public' so that you can receive direct messages from the Promoter and/or its fulfilment agency and you must have 'liked' or be following XboxNL in order to be able to receive the direct message. If a direct message cannot be sent due to your account settings, the initial winning entrant will forfeit their prize and the next highest scoring entry will be named as the alternative winner. Winners who are successfully contacted will be asked to respond to a direct message sent to them from XboxNL. This direct message will request the winner’s preferred delivery address and will include a time to respond by. If the direct message is not responded to within the period listed on the winner notification messages, the winner will forfeit their prize and the next highest scoring entry will be named as the alternative winner. This process will continue for all winners 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
You hereby grant Microsoft Corporation and its affiliates the right to publish your name 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. 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 name for advertising and publicity purposes. Prize winners’ names will be available for a three months period from the day of winner selection by writing to the following address: The Xbox Foot Locker Competition Contest, Microsoft Limited, Microsoft Campus, Xbox Member Engagement Team, Building 3, Floor 3, Thames Valley Park, Reading, Berkshire, England. RG1 6WG.
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.
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.
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 Xbox Foot Locker Competition 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 the Netherlands, these Terms & Conditions are in compliance with the Dutch Code of Conduct for Promotional Games of Chance (“Gedragscode Promotionele Kansspelen”).
- 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: support.xbox.com. These Terms and Conditions can be obtained at: Terms and Condtions.