MICROSOFT “ARMORED CORE VI FIRES OF RUBICON” SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN CUBA, IRAN, NORTH KOREA, SUDAN, SYRIA, REGION OF CRIMEA, RUSSIA, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
THIS SWEEPSTAKES IS SPONSORED IN THE UNITED STATES AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON. BY PARTICIPATING, YOU CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF WASHINGTON FOR ANY DISPUTES ARISING OUT OF THIS SWEEPSTAKES.
By entering the Microsoft “Armored Core VI Fires of Rubicon” Sweepstakes (“Sweepstakes”) you (or, if you are a minor/not the age of majority 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 any Xbox Console supported country or region (http://www.xbox.com/en-US/live/countries) (excluding Russia) who are 18 years of age or older at the time of entry. If you are 18 years of age or older, but are considered a minor/not the age of majority in your place of residence, you must have the permission and consent of your parent or legal guardian to participate in this Sweepstakes. Employees of Microsoft Corporation (“Microsoft”) (“Sponsor”), 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. Void in Cuba, Iran, North Korea, Sudan, Syria, Region of Crimea, Russia, and where prohibited or restricted by law.
2) TIMING: This Sweepstakes begins at 12:01 a.m. Pacific Time (“PT”) on August 18, 2023 and ends at 11:59 p.m. PT on September 1, 2023 (“Sweepstakes Period”).
3) HOW TO ENTER: To enter you must (1) create a new account or use an existing account on www.twitter.com (“Twitter”); (2) follow the @Xbox Twitter handle at https://twitter.com/Xbox and the @armoredcore Twitter handle at http://twitter.com/armoredcore; and (3) retweet one (1) of the Sponsor’s designated promotional Tweets containing “#XboxArmoredCoreSweepstakes” during the Sweepstakes Period (a “Retweet”). Retweets must be in the EXACT form as the original Tweet to be eligible to receive an entry in the applicable random drawing.
i) Twitter Entry Criteria and Terms: Retweets must be made by the authorized Twitter account holder at the time of entry. “Authorized Twitter account holder” is deemed as the natural person who is assigned to the Twitter address from which the entry was received. Retweets must be posted by the close of the Sweepstakes Period to be eligible to be included in the random draw. If your Twitter account is private, your Retweet will NOT be eligible; you must change the setting on your account from private to “public” or “unprotected” for your Retweet to be considered an eligible entry. You must have a valid Twitter account and agree to the Twitter Terms of Use and the Twitter Privacy Policy in order to be eligible to enter. Registration on Twitter must be completed before an entry may be submitted. Twitter membership is free. The Twitter platform will be the official time clock for the Sweepstakes. All attempts at email or any other Internet method of entry are void. Retweets that contain information that is deemed to be lewd or profane; contain material that violates or infringes on another’s rights, including privacy, publicity, or intellectual property; material that is hateful or defamatory; material that promotes bigotry, racism, or harm against a group or individual or promotes discrimination; or material that is unlawful or in violation of or contrary to the laws or regulations in any state, will be disqualified as determined solely by Sponsor. All Retweets will be reviewed for content. Retweets containing such prohibited content and/or otherwise deemed by Sponsor, in its sole discretion, to be inappropriate will be disqualified. Sponsor makes the final determination as to what Retweets are eligible to take part in the Sweepstakes. By entering, entrants agree that all Retweets become the property of Sponsor and will not be acknowledged or returned. By entering via a Retweet, each entrant warrants that it is created by the entrant and grants Sponsor the perpetual, unlimited and irrevocable right to post, publish, adapt, edit, make derivative works, and/or otherwise use the Retweet in any manner, including copyright, and in any media now known or hereafter developed.
a) Entry Limit: Limit one (1) entry per person/authorized Twitter account holder. The use of automated devices to enter this Sweepstakes is prohibited. The Released Parties and Twitter, Inc., assume 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 September 5, 2023, GMR will randomly select one (1) potential Grand Prize winner from among all eligible entries received during the Sweepstakes Period. All random drawings will be conducted in New Berlin, Wisconsin, United States under the supervision of Sponsor, whose decisions are final. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period.
a) One (1) Grand Prize: One (1) custom-branded “Armored Core VI Fires of Rubicon” Xbox Series X console bundle (NON-FUNCTIONAL, TO BE USED AS AN ART PIECE) (design elements and all other aspects of the custom console are at the sole discretion of the Sponsor) and one (1) Xbox Series X console bundle (console model, features, design and all other aspects of the console are at the sole discretion of the Sponsor). The Approximate Retail Value (“ARV”) of the Grand Prize is $999.98 USD.
b) ARV of all prizes combined: $999.98 USD.
For the purposes of these Official Rules, the ARV of any electronic prize is estimated at the beginning of the Sweepstakes Period. The ARV for such prizes is subject to variances and fluctuations in the consumer marketplace between the date the ARV is estimated and the date the prize is awarded; there will be no cash or other compensation awarded for any valuation differences.
Except for applicable manufacturer’s limited warranties and any rights you may have under your local laws, prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose); you assume the entire risk of quality and performance, and should the prizes prove defective, you assume the entire cost of all necessary servicing or repair. Microsoft’s limited warranty terms can be found here: https://support.microsoft.com/warranty.
Any difference between the stated approximate retail value and the actual value of the prize will not be awarded. The prize is not transferable, or redeemable for cash, and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion.
Any and all taxes related to a prize are solely the responsibility of the winner and Sponsor will comply with U.S. tax reporting requirements. The winner is advised to seek independent counsel regarding the tax implications of accepting a prize. All other expenses not specified as part of the prize description are solely the winner’s responsibility.
AWARDS OF PRIZES TO POTENTIAL WINNERS MAY BE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, LOCAL OR OTHER TAX REPORTING LAW OR REGULATIONS IN THE UNITED STATES. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. Refusal by any entrant to submit such documentation or complete any required forms or obligations shall result in such winner forfeiting the prize. An alternate potential winner may be randomly selected, time and circumstances permitting. Five (5) attempts to award the prize will be made. After these attempts, any unclaimed prize will remain unawarded.
5) WINNER: The winner will be notified and confirmed as follows:
a) Grand Prize Winner: The potential Grand Prize winner will be notified on or about September 6, 2023 by Sponsor via a direct message to the potential Grand Prize winner’s Twitter account used to enter. The potential Grand Prize winner will have one hundred twenty (120) hours from the time of notification to respond to the direct message with their first and last name, country, daytime phone number, and email address or the potential Grand Prize winner will automatically forfeit the prize and an alternate winner may be randomly selected as the potential Grand Prize winner, time and circumstances permitting. The potential Grand Prize winner will then be contacted via phone or email to the phone number or email address provided by the potential Grand Prize winner and will be required to respond within twenty-four (24) hours of notification to verify eligibility and provide a shipping address (no P.O. Boxes accepted).
In order to be declared the Grand Prize winner, the potential winner (or if the potential winner is 18 years of age or older and a minor/under the age of majority in their place of residence, their parent or legal guardian on their behalf) may be required to complete, sign, and return the presented document which may include appropriate tax documents (the “Document”) within seven (7) calendar days of delivery of the Documents, or the prize will be forfeited in its entirety and the potential winner will not receive any prize.
If the potential Grand Prize winner is not eligible, forfeits the prize, or does not confirm eligibility, provide a shipping address, or return any required Documents by the specified time period, the potential Grand Prize winner will automatically forfeit the prize and will not receive any prize. An alternate winner may be randomly selected as the potential Grand Prize winner, time and circumstances permitting. Five (5) attempts to award the prize will be made. After these attempts, any unclaimed prizes will remain unawarded.
b) Prize Fulfillment: The Grand Prize will be shipped within approximately eight (8) weeks following winner confirmation to the address provided by the winner. Return of any prize as undeliverable may result in disqualification and forfeiture of the prize.
c) Publicity Release: Winner further grants to Microsoft and its affiliates the right to use and publish their Twitter handle online, in print, and in any other media in connection with the Sweepstakes. Acceptance of a prize constitutes permission for Sponsor to use winner’s name and likeness for advertising and promotional purposes without notice, review, approval or additional compensation unless prohibited by law.
6) ADDITIONAL TERMS: By entering, entrant (or, if you are a minor/not the age of majority in your place of residence, your parent or legal guardian on your behalf) 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. In particular, it will be mandatory for each entrant to expressly accept these Official Rules and the grant of rights in favor of Sponsor with respect to entrant’s Submission pursuant to the terms indicated in these Official Rules. Additionally entrants must sign and return a written document as requested by Sponsor to perfect such grant, if necessary. By entering, entrant agrees to be notified using the contact information provided in the entrant’s Twitter handle profile or by using the contact information provided by the entrant during prize claim process by the Sponsor and/or GMR for the purposes of the administration of this Sweepstakes. All federal, state, and local laws and regulations apply. By participating, entrant agrees to release and hold harmless the Released Parties and Twitter, Inc. 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. The 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) DISPUTES/GOVERNING LAW: All disputes concerning the Sweepstakes and construction, interpretation, validity, effect, and enforceability of these Official Rules will be governed by the laws of the state of Washington in the United States without regard to conflicts of laws provisions. Entrant (i) agrees that exclusive jurisdiction over any legal action arising out of or in connection with the Sweepstakes will be in state or federal courts located in or nearest to state of Washington and by entering consents to such jurisdiction and venue; (ii) consents to resolve any such claims individually and without resort to class action; and (iii) agrees that all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees or punitive, incidental, consequential, or any damages other than actual out-of-pocket expenses.
8) 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, Sponsor, 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. The Released Parties and Twitter, Inc. 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. The Released Parties and Twitter, Inc. 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 Sponsor on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer or mobile device or gaming console related to or resulting from participation or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE 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.
9) USE OF DATA: 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. Entrants to the Sweepstakes will not be added to any database list. Microsoft’s Privacy Statement located at http://privacy.microsoft.com will apply to this Sweepstakes and to all information that we receive from your entry and your participation in this Sweepstakes. Please note that by accepting these Official Rules you are also accepting the terms of the Microsoft Privacy Statement.
Entrants’ data will be used by Microsoft Corporation (One Microsoft Way, Redmond, Washington 98053 United States), by GMR Marketing LLC (5050 S. Towne Drive, New Berlin, Wisconsin 53151 United States), and by any of their representatives or employees for the use and purposes to run the Sweepstakes as provided in these Official Rules.
10) LIABILITY: Microsoft cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants in this Sweepstakes agree that Microsoft will have no liability whatsoever for 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 Sweepstakes. The foregoing shall apply in the event your entry is not received or lost by Microsoft. Nothing in this clause shall limit Microsoft’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.
11) OTHER: No correspondence will be entered into regarding either this Sweepstakes or these Official Rules. In the event of a dispute, the Sponsor’s decision shall be final and binding in all respects on all entrants. The Sponsor reserves the right to amend, modify, cancel, or withdraw this Sweepstakes and to amend these Official Rules at any time without notice.
12) WINNERS LIST: In the event you are a prize winner, you hereby grant Microsoft, its affiliates, and GMR the right to publish your Twitter handle in online and offline media in connection with this Sweepstakes. The Twitter handle for the winners of prizes valued $25.00 USD or more will be available for a three-month period from the date of winners’ selection by sending an email with the subject line “Winners List-Microsoft Armored Core VI Fires of Rubicon Sweepstakes” to info@xboxpromotions.com.
13) SPONSOR: This Sweepstakes is sponsored by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, United States.
14) ADMINISTRATOR: This Sweepstakes is administered by GMR Marketing LLC, 5050 South Towne Drive, New Berlin, WI 53151, United States.
The Sweepstakes is not in any way sponsored, endorsed, or administered by, or associated with Twitter Inc.
This Sweepstakes is not administered by Bandai Namco Entertainment America Inc., or any of its parents, sisters, subsidiaries, or affiliates.