SPACESUIT DESIGN PROMOTION
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 PROMOTION 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 PROMOTION.
THIS PROMOTION AND ALL COMMUNICATION WITH WINNERS IS AVAILABLE IN ENGLISH ONLY.
By entering the Xbox “Starfield™” Spacesuit Design 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 any Xbox Console supported region (http://www.xbox.com/en-US/live/countries) (excluding Russia) who are 18 years of age or older and the age of majority in your place of residence at the time of entry. Employees of Microsoft Corporation (“Microsoft”) (“Sponsor”), GMR Marketing LLC (“GMR”), Bethesda Softworks LLC (“Bethesda Softworks”), European Space Agency (“ESA”) and any promotion or other vendor agencies involved in this Promotion (and any other person engaged to work on this promotional program) and each of the above’s respective parents, affiliates, members and subsidiaries (collectively, the “Released Parties”) and the household and immediate family members (defined for the purposes of this Promotion as a parent, spouse/domestic partner, 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) ENTRY PERIOD: Submissions (defined below) for this Promotion will be accepted between 6:00 a.m. Pacific Time (“PT”) on January 24, 2024 and 8:00 p.m. PT on February 24, 2024 (“Promotion Period”).
3) HOW TO ENTER:
To participate in the Promotion, you (an “Entrant”) must register and submit an entry (your registration and entry comprise your “Submission”) during the Promotion Period as follows:
a) Visit www.xbox.com/promotions/starfield-esa (the “Website”) during the Promotion Period and follow the instructions on the Website to (1) register and (2) submit your entry into the Promotion:
i) You must provide your first name and last name, country of residence, and valid email address, in the designated areas on the registration page of the Website.
ii) By checking the designated boxes on the Website, you must accept these Official Rules and acknowledge that you have had the opportunity read the Microsoft Privacy Statement located at https://go.microsoft.com/fwlink/?LinkId=521839 which will apply to this Promotion and to all information that we receive from your Submission and your participation in this Promotion.
c) Submit your entry: Submit your original artwork by using the template provided on the Website or your own preferred presentation format (upload able via the Website, consisting of static images only and the design description) of a design for a spacesuit that is suitable for the “Starfield” game aesthetic and lore (“Design”) in the designated field on the Website. NOTE: your Design cannot include audio in any language.
i) Design must include full body front, back, and side views of the spacesuit.
ii) Design images must be static. No dynamic images, video, or other non-static images will be accepted.
iii) Description of spacesuit to include design, materials, and color choices. Must be in English only.
iv) Limit one (1) full body front image, one (1) full body back image, two (2) side images (right/left), two (2) close up images of design details if desired, and a two hundred fifty (250) word description of the spacesuit in English (only).
v) Acceptable digital formats: PDF, JPEG, PNG, PPT.
vi) Max file size: 10MB.
d) Click the “Submit” button.
ENTRY LIMIT: Limit one (1) Submission per person and per authorized email account holder. All Submissions must be received during the Promotion Period. Submissions received from or on behalf of any person in excess of stated limitations or otherwise not in compliance with the foregoing will be void and those involved in such Submissions will be disqualified.
The use of automated devices to enter this Promotion is prohibited. The Released Parties assume no responsibility for lost, late, or misdirected Submissions or any computer, online, telephone, or technical malfunctions that may occur. All Submissions become Microsoft’s property and will not be returned. Submissions will be screened for compliance with Promotion requirements and criteria as stated in the section below under “Additional Criteria for Submissions;” incomplete or non-complying Submissions are not eligible and will be disqualified.
e) ADDITIONAL CRITERIA FOR SUBMISSIONS: Each Entrant represents and warrants that their Submission is the Entrant’s original creation, they are the sole and exclusive owner of the Submission, and the Submission will not infringe on the rights of any third parties. Entrant’s Submission should not include copyrighted, trademarked, or previously published material, including brand names/logos, in each case that may infringe upon a third party’s rights, including any third-party Artificial Intelligence (AI) websites, as determined by Sponsor in its sole discretion, except for “Starfield” trademarks for which Entrant has a limited license to use for the sole purposes of creating a Submission into this Promotion. Submissions requiring license or usage rights from any third party, as determined by Sponsor in its sole discretion, are not eligible. Submissions should not defame or invade the rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s personal, proprietary, or intellectual rights; should not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous; should not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and should not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any country, region, state, or territory where the Submission is created, in each case, as determined by Sponsor in its sole discretion. All Submissions must be consistent with Sponsor’s, Bethesda Softwork’s and European Space Agency’s reputations in the marketplace and must be suitable for audiences of all ages, in each case as determined by Sponsor in its sole discretion. Submissions which, in the judges’ sole discretion, contain any type of vulgarity or objectionable content will be disqualified. Submissions that do not meet these stated criteria, or Submissions that (in the judges’ sole discretion) may technically meet the stated criteria but do not reflect the intent and the spirit of the provisions related to participation are not eligible.
Once a Submission is submitted, it is considered final and may not be modified, edited, or replaced. If multiple Submissions are received from the same Entrant, only the first Submission will be considered and all of the Entrant’s subsequent Submissions will be void.
All attempts at email or any other Internet method of entry are void. If confirmed as a winner, Entrant grants the Released Parties the perpetual, unlimited, irrevocable, and worldwide right to post, publish, adapt, edit, make derivative works, and/or otherwise use the Submission in any manner, including copyright, and in any media now known or hereafter developed.
4) JUDGING CRITERIA AND WINNER DETERMINATION: This is not a game of chance. Odds of winning depend on the number and quality of Submissions received and the skill of each Entrant.
On or about March 8, 2024, a judging panel will select one (1) potential winner, subject to verification and validation.
The judging panel will consist of marketing representatives of Microsoft, Bethesda Softworks and European Space Agency. All Submissions will be judged on a 15-point scale by the Promotion judges. Submissions will be evaluated, and up to 15-points awarded, using the following criteria:
o Maximum of five (5) points for Creativity
o Maximum of five (5) points for Practicality to travel into space
o Maximum of five (5) points for Alignment with “Starfield” game aesthetic
If the same Design or Design idea is submitted by more than one Entrant and it is determined to be a winning Submission, the Entrant who submitted the Design or Design idea first will be determined to be the winner, pending confirmation.
Any Submission may be eliminated, regardless of point total, in the judges’ sole discretion (i) if it is not consistent with the Sponsor’s, Bethesda Softwork’s or European Space Agency’s reputation in the marketplace, including their reputations for quality and integrity; (ii) if it does not reflect the goals of the Promotion; (iii) if the imagery of the Submission is not suitable for all ages; (iv) if the Submission is so deficient in content or execution as to be unclear or inappropriate; (v) if the Submission does not fully comply with the Additional Criteria for Submissions in Section 3) e) above; or (vi) if the Submission is not executable or consistent with allowable game functionality. In the event of a tie in point totals among potential winners, the judging panel will revisit the tied Submissions and choose the potential winner, the Submission or Submissions (as needed) that best reflect all criteria as a whole.
5) WINNER NOTIFICATION: On or about March 11, 2024, the potential winner will be notified by email from the email address firstname.lastname@example.org to the email address provided in the potential winner’s Submission. Entrants are advised to add email@example.com to their safe senders list to ensure any email notification is delivered to their inbox. The potential winner will have five (5) calendar days from the time of notification to reply via email and provide their responses to the presented eligibility questions and their full shipping address (no post office boxes accepted) or the prize will automatically be forfeited in its entirety.
In order for the potential winner to be declared as the winner, they must provide working files for their Entry (as needed), fully execute and return the presented affidavit of eligibility and publicity release, a mutually acceptable liability release, an Assignment of Rights, background authorization consent document, and appropriate tax documents (the “Documents”) via the secure electronic notary process provided by GMR or other method acceptable to the Sponsor, within five (5) calendar days of delivery of the Documents, or the prize will be forfeited in its entirety.
Potential winners are subject to verification of eligibility, as determined in Sponsor’s sole discretion. Within sixteen (16) business days after receipt of the executed Documents, Sponsor/GMR will notify the potential winners via email or phone of their winner status. 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 prize. If notified winner is not eligible, forfeits prize, declines prize, or fails to respond by the designated deadlines, an alternate winner may be designated as a winner based on the next highest judging score total, time and circumstances permitting. Any alternate winners will be subject to the same verification process. Only up to five (5) alternate potential winners may be notified, time permitting, after which the prize will remain un-awarded.
a) Background Investigation: Sponsor reserves the right to conduct a background investigation on the potential winner, and reserves the right in its sole discretion to disqualify the potential winner based on the results of such background investigation, if the Sponsor determines in its sole discretion that awarding a prize to such winner might reflect negatively on Sponsor, Bethesda Softworks and/or European Space Agency.
Potential winner agrees and understands that they must agree to authorize and cooperate with an independent background investigation by Sponsor and/or its agents by completing a Background Investigation Consent form in the designated timeframe for an investigation of their background, references, character, employment, education, social media, and without limitation civil and criminal court records or police records, including a review of social media, including those maintained by both public and private organizations and all public records, for the purpose of confirming information provided by the potential winner and/or obtaining other information that may be relevant to qualifications as the potential prize recipient in the Promotion. Potential winner agrees and understands that based on such results, they may be disqualified if the results are not acceptable to the Sponsor at the Sponsor’s sole discretion and that the specific reason(s) for any such disqualification will not be provided to any disqualified potential winner.
6) PUBLICITY RELEASE: The winner grants to Sponsor and Sponsor’s designees, including Bethesda Softworks and European Space Agency, the right to the use of winner’s name, picture, image, likeness, voice, video, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes or for any other reason Sponsor or Released Parties sees fit, without limitation, in all media now known or hereafter discovered, worldwide, in perpetuity, and on the Internet and World Wide Web, without additional notice, consent, review or approval, and without additional compensation, unless prohibited by law.
7) USE OF YOUR SUBMISSION AND ASSIGNMENT OF RIGHTS: If determined as the winner, you:
a) are granting the Released Parties an irrevocable, worldwide, royalty-free, perpetual right and license for the duration of the protection of the copyrights to: (i) reproduce, copy, modify or alter your Submission with all known or later developed means in connection with the promotion of this Promotion in all media (now known or later developed); (ii) use, review, assess, test and otherwise analyze your Submission and all its content in connection with this Promotion; and (iii) feature your Submission and all its content in connection with the promotion of this Promotion in all media (now known or later developed);
b) except 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 Submission 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;
c) agree to sign any necessary documentation that may be required for the Released Parties and their designees to make use of the rights you granted above;
d) understand and acknowledge that the Released Parties 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 Submission;
e) understand that the Released Parties cannot control the incoming information you will disclose to the Released Parties’ representatives in the course of entering, or what the Released Parties’ representatives will remember about your Submission. You also understand that the Released Parties will not restrict work assignments of representatives who have had access to your Submission. Except where prohibited by applicable law, by entering this Promotion, you agree that use of information in the Released Parties’ representatives’ unaided memories in the development or deployment of the Released Parties’ products or services does not create liability for the Released Parties under this agreement or copyright or trade secret law;
f) understand that you will not receive any compensation or credit for use of your Submission, other than what is described in these Official Rules; and
g) agree that you have no right to use the copyrights, trademarks, or other intellectual property relating to “Starfield” outside the Promotion.
Please note that following the end of this Promotion your Submission may be posted on a website selected by the Released Parties for viewing by visitors to that website. The Released Parties are not responsible for any unauthorized use of your Submission by visitors to this website. While the Released Parties reserve these rights, the Released Parties are not obligated to use your Submission for any purpose, even if it has been selected as a winning Submission.
If you do not want to grant the Released Parties these rights to your Submission, please do not enter this Promotion.
8) PRIZE: One (1) Grand Prize is available:
a) The Grand Prize includes the following items (collectively, the “Prize”):
i) Design submitted as the Grand Prize winner’s Entry made into a real-life space suit (Sponsor reserves the right to adapt the winning Design for the execution of the real-life spacesuit; appearance, materials, size, functionality, and all other aspects of the real-life space suit are at the sole discretion of the Sponsor);
ii) One (1) Xbox Series X console (console features, design and all other aspects of the console are at the sole discretion of the Sponsor);
iii) One (1) Xbox Wireless Headset – Starfield Limited Edition (headset features, design and all other aspects of the headset are at the sole discretion of the Sponsor);
iv) One (1) Xbox Wireless Controller – Starfield Limited Edition (controller features, design and all other aspects of the controller are at the sole discretion of the Sponsor).
v) The Approximate Retail Value (“ARV”) of the Grand Prize is $1,704.97 USD.
All elements of the Prize will be determined solely by the Sponsor in its sole discretion.
Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s terms and conditions, and winner agrees to look solely to such manufacturers for any such warranty or guarantee claim. Certain conditions and restrictions apply. Real-life spacesuit is awarded “AS IS” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness to a particular purpose.
Prizes are not redeemable for cash. No substitution, transfer, or assignment of prize permitted, except that Sponsor or Released Parties, in their sole discretion, reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including without limitation, prize unavailability. Any and all taxes related to a Prize awarded to a legal U.S. resident are solely the responsibility of the winner and Sponsor will comply with U.S. tax reporting requirements. Any U.S. winner may be issued a 1099-MISC tax form for the ARV of the prize won. The winner is advised to seek independent counsel regarding the tax implications of accepting the Prize. All other expenses not specified as part of Prize description are solely the winner’s responsibility. Acceptance, participation in and/or use of a prize is at winner’s sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of a prize.
AWARDS OF PRIZES TO POTENTIAL WINNER 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. Failure to take or complete any portion of the prize does not relieve the winner of their tax obligations associated with winning the prize.
9) 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. 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 Submission 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, and local laws and regulations apply. By participating, to the extend allowed by law, 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 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, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, protest, 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 from among all valid and eligible Submissions received up to the time of such Force Majeure event.
10) DISPUTES/GOVERNING LAW: All disputes concerning the Promotion 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 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.
11) 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 Submissions received prior to the event requiring such termination, suspension or cancellation. The 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, Submissions. The 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 Submission 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 Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE 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. Submissions 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.
12) 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, for purposes of administering the Promotion. Entrants to the Promotion will not be added to any database list. Microsoft’s Privacy Statement located at https://go.microsoft.com/fwlink/?LinkId=521839 will apply to this Promotion and to all information that we receive from your Submission and your participation in this Promotion. Entrants’ data will be stored on servers located within the United States and may be transferred or otherwise provided to third parties for the purpose of running and administering the Promotion. This includes any personal data an Entrant directly provides to GMR during the prize fulfillment process and winner data that GMR may retain in accordance with applicable law. 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 Promotion as provided in these Official Rules. Entrants have the right to exercise their rights of access and cancelation of their data by sending an email with the subject “Data Access Request-Xbox Starfield Spacesuit Design Promotion” to firstname.lastname@example.org and by visiting https://go.microsoft.com/fwlink/?LinkId=521839.
13) 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 Promotion 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 Promotion. The foregoing shall apply in the event your Submission is not received or is 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.
14) OTHER: No correspondence will be entered into regarding either this Promotion 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 Promotion and to amend these Official Rules at any time without notice.
15) WINNERS LIST: In the event you are a winner, you hereby grant Microsoft, its affiliates, and GMR the right to publish your proper name and country of residence (“Winner Information”) in online and offline media in connection with this Promotion. The Winner Information of the winner will be available for a three-month period from the date of winner’s selection by sending an email with the subject line “Winners List-Xbox Starfield Spacesuit Design Promotion” to email@example.com.
16) SPONSOR: This Promotion is sponsored by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, United States.
17) ADMINISTRATOR: This Promotion is administered by GMR Marketing LLC, 5050 South Towne Drive, New Berlin, WI 53151, United States.
Bethesda Softworks LLC, European Space Agency and their parents, affiliates, members and subsidiaries are not responsible for the promotion, administration or execution of this Promotion.