MICROSOFT “SEKIRO™: SHADOWS DIE TWICE” CUSTOM CONSOLE PROMOTION

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW.

By entering the Microsoft “Sekiro™: Shadows Die Twice” Custom Console Promotion (“Promotion”) you agree to abide by all terms and conditions referenced in these Official Rules.

1) ELIGIBILITY: This Promotion is only open to legal residents of the fifty (50) United States or the District of Columbia who are 18 years of age or older and legal residents of Canada (excluding Quebec) who are the age of majority in his or her province or territory of residence at the time of entry. Employees of Microsoft Corporation (“Microsoft”) (“Sponsor”), Activision Publishing, Inc., GMR Marketing LLC (“GMR”), and any promotion or other vendor agency involved in this Promotion (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 Promotion as a parent, spouse, child, and sibling) of such employees are not eligible to enter or win. Promotion is subject to all federal, state, provincial, territorial, municipal, and local laws and regulations. Void in Quebec and where prohibited or restricted by law.

2) TIMING: This Promotion begins at 12:01 a.m. Pacific Time (“PT”) on March 21, 2019 and ends at 11:59 p.m. PT on March 24, 2019 (“Promotion 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 or the @XboxCanada Twitter handle at https://twitter.com/XboxCanada; and (3) retweet one (1) of the Sponsor’s designated promotional Tweets containing “#SekiroSweepstakes” during the Promotion 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 Promotion 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 Promotion. 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 Promotion. 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 Promotion 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 March 25, 2019 at 10 a.m. PT in New Berlin, Wisconsin, United States, GMR will randomly select one (1) potential Grand Prize winner from among all eligible entries received during the Promotion Period. 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 the Promotion Period.

a) One (1) Grand Prize: One (1) custom-branded Xbox One X console (console model, features, design, and all other aspects of the console are at the sole discretion of the Sponsor); and one (1) copy of “Sekiro™: Shadows Die Twice” game for Xbox. The Approximate Retail Value (“ARV”) of the Grand Prize is $558.99 USD.

b) Approximate Retail Value of all prizes combined: $558.99 USD.

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. Any and all federal, state, and local taxes related to a prize awarded to a legal U.S. resident are solely the responsibility of the winner and Sponsor will comply with all tax reporting requirements. All other expenses not specified as part of prize description are solely the winner’s responsibility.

Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s terms and conditions, and winners agree to look solely to such manufacturers for any such warranty or guarantee claim. Certain conditions and restrictions apply.

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 March 26, 2019 via direct message to the potential Grand Prize winner’s Twitter account used to enter. The potential Grand Prize winner will have forty-eight (48) hours from the time of notification to respond to the direct message with their first and last names, country, and daytime phone number 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 to the phone number 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). If the potential Grand Prize winner does not confirm eligibility and provide a shipping address, 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.

i) Canadian Winner Confirmation Process: In order for a Canadian resident to be declared the Grand Prize winner, they must first correctly answer a time-limited mathematical skill-testing question unaided and without mechanical or other assistance and have complied in full with these Official Rules. The skill-testing question will be administered by phone at a mutually convenient time within one hundred and twenty (120) hours of initial notification of selection. In addition, in order for a Canadian resident to be declared the Grand Prize winner, they must complete, sign and return the presented declaration of eligibility, mutually acceptable liability release, and publicity release (the “Canadian Documents”) within seven (7) calendar days of delivery of the Canadian Documents, or the prize will be forfeited in its entirety.

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/prize notification as undeliverable or failure to accept any prize within the specified time period may result in disqualification and forfeiture of the prize. If notified winner is not eligible, forfeits prize, or declines prize, or is unsuccessful in answering the mathematical skill-testing question (applicable to potential winner from Canada only) an alternate winner may be randomly selected as the Grand Prize winner, time and circumstances permitting.

c) Publicity Release: Winner further grants to Sponsor the right to use and publish their proper names, state/province/territory, and/or Twitter handle online, in print, and in any other media in connection with the Promotion. Acceptance of a prize constitutes permission for Sponsor to use winner’s names and likenesses for advertising and promotional purposes without notice, review, approval or additional compensation unless prohibited by law.

6) ADDITIONAL TERMS: By entering, entrant agrees to accept and abide by the Official Rules of this Promotion and agrees that any dispute with regard to the conduct of this Promotion, 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 via Twitter 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 Promotion. All federal, state, or territory/province, 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 Promotion-related activity, or participation in the Promotion. The Released Parties are not responsible for any typographical or other error in the printing of this offer, administration of the Promotion 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 Promotion, or the integrity and/or feasibility of the Promotion 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 Promotion without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate the Promotion 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 construction, interpretation, validity, effect, and enforceability of these Official Rules will be governed by the laws of the state of Washington 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 Promotion 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 Promotion 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 Promotion, 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 Promotion. 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 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 Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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 Microsoft’s Privacy Statement, which is located at https://privacy.microsoft.com/privacystatement. Please note that by entering, you are accepting these Official Rules and the terms of the Privacy Statement.

Entrants’ data will be used by Microsoft Corporation (One Microsoft Way, Redmond, Washington 98053), by GMR Marketing LLC (5000 S. Towne Drive, New Berlin, Wisconsin 53151), and by any of their representatives or employees for the use and purposes to run the Promotion as provided in these Official Rules. Entrants may have the right to exercise their rights of access, cancelation of their data by contacting data@gmrmarketing.com and by visiting http://privacy.microsoft.com.

10) WINNERS LIST: For the name of the Grand Prize winner, send a self-addressed, stamped envelope to: Microsoft “Microsoft “Sekiro™: Shadows Die Twice” Custom Console Promotion Winner’s List, Attn: Promotions Department, 5000 South Towne Drive, New Berlin, WI 53151, postmarked by May 17, 2019 and received by May 24, 2019.

11) SPONSOR: This Promotion is sponsored by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA.

12) ADMINISTRATOR: This Promotion is administered by GMR Marketing LLC, 5000 South Towne Drive, New Berlin, WI 53151, USA.

The Promotion is not in any way sponsored, endorsed, administered by, or associated with Twitter Inc.

Activision Publishing, Inc. is not a sponsor of the Promotion. Activision’s name and logo, and/or the “Sekiro: Shadows Die Twice” name, logo, and/or materials are used for purposes of promotion and/or prize description only and such use is not intended to suggest or imply Activision’s participation, sponsorship, or endorsement of this Promotion.