Xbox One Giveaway Official Rules
NO PURCHASE OR WIRELESS DEVICE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. MUST BE LEGAL RESIDENT OF ONE OF THE UNITED STATES, PUERTO RICO OR CANADA (EXCLUDING QUEBEC), 13 YEARS OLD OR OLDER AT DATE OF ENTRY INTO SWEEPSTAKES. VOID IN ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY.
Sponsor, Administrator & Prize Provider: CBS Interactive Inc. ("CBSI"), 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309.
Sweepstakes Entities: CBSI, Tangible Media, 12 West 37th Street, 2nd Floor, New York, NY 10018, Harmonix, 625 Massachusetts Avenue, 2nd Floor, Cambridge, MA 02139, and Microsoft, 1 Microsoft Way, Redmond, WA 98052.
THIS SWEEPSTAKES IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY TWITTER. < b>Data rates may apply when participating, see Section 4 for details.
1. Acceptance of Rules. By entering the Xbox One Giveaway (the "Sweepstakes"), tied to the GameSpot live stream show "Now Playing" (the "Show") operated via Twitter on GameSpot Page, accessible at the domain "twitter.com" (the "Twitter Service"), you hereby accept and agree to these official rules (the "Official Rules") of this Sweepstakes, and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final.
2. Eligibility. This Sweepstakes is offered and open to persons who are: (a) Registered Users of the Twitter Service and follower of Now Playing (@gamespot) Twitter Service account; (b) legal residents of the United States, Puerto Rico or Canada (excluding Quebec); and (c) at least 13 years old or older at the date of entry in this Sweepstakes. For purposes of these Official Rules, "R egistered User(s)" means a person that has successfully completed the registration form and has obtained a User Identification ("ID") and associated password ("Password") on the Twitter Service; there is no fee associated with becoming a Twitter Service registrant. Employees and directors, and their immediate family members, of the Sweepstakes Entities, and their parents, affiliated and subsidiary companies are not eligible to participate in this Sweepstakes. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors. This Sweepstakes is void in all other U.S. territories and possessions and where prohibited by law.
3. Promotion Period. The Sweepstakes begins on October 6, 2014 at 12:01 AM PT and ends at 11:59:59 PM PT on October 6, 2014 (the "Sweepstakes Period").
4. Entering the Sweepstakes. To enter this Sweeps takes, if not already a Registered User, register to the Twitter Service and become an @GameSpot follower, tweet the event hashtag #MusicEvolved and you will receive an entry into the Sweepstakes. Limit of one entry per person. Users who exceed the limit may be disqualified. Broadcasts of the Show are subject to cancellation, preemptions and scheduling changes. If such changes occur and they affect the Sweepstakes, including, without limitation, the need to cancel the Sweepstakes, such changes will be posted on the Show page found at gamespot.com and on the Twitter Service.
If you are a wireless service subscriber and have a smart phone, tablet or other wireless device that allows you access to the CBSI Service via mobile internet and/or to download the Twitter Service mobile application ("App"), you may also enter the Sweepstakes via any of those devices during the Promotion Period (as defined above). You may be charged data rates for acc essing the Twitter Service in accordance to the Terms and Conditions of your Service Agreement with your wireless carrier. Each wireless carrier's rate plan may vary, and Participants should contact their wireless carrier for information on rate plans and charges relating to your participation in this Sweepstakes. Mobile and wireless service is offered on an 'as is' basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Your wireless service carrier may change or discontinue your service, may charge you additional amounts at any time by giving you prior notice and/or it may discontinue service if you disagree to additional charges.
5. Prizes. The Sweepstakes will award one (1) grand prize (the "Grand Prize") and up to nine (9) runner-up prizes (the "Runner-up Prizes"), (collectively, the "Prizes"). The Grand Prize will consist of one (1) Xbox One with Kinect motion sensor and one (1) copy of Fantasia: Music Evolved. The approximate retail value ("ARV") of the Grand Prize is Six Hundred Dollars (US$600.00). Each Runner-up Prize consists of a copy of Fantasia: Music Evolved with ARV of Sixty Seven Dollars (US$67.00). The Total maximum of ARV of all prizes to be awarded in the Sweepstakes is One Thousand Two Hundred Three Dollars (US$1203.00). Limit one Prize per household.
6. Prize Restrictions. No assignment, transfer, conversion to cash or cash redemption or substitution of a Prize is permitted, except Administrator reserves the right to substitute a Prize with a prize of comparable or greater value should a Prize become unavailable. Prize is solely for personal use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Sweepstakes Entities.
7. Odds/Drawings/Winner Notification. Odds of winning a Prize depends on the number of eligible entries received during the Sweepstakes Period. The random Prize drawings will be conducted on or around October 6, 2014. The Prize drawings will be conducted at random by Administrator, whose decisions are final and binding in all respects. Potential Prize winners ("Winner(s)") will be notified via a message to their twitter account. Notification will contain instructions on how to claim your Prize. Any potential Prize Winner who is a resident of Canada will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered online or offline in order to be declared a winner. If a potential Winner cannot be reached after a reasonable effort has been made during three (3) days from the first notification attempt, such person may be disqualified, with an alternate Winner selected in accordance with these Official Rules. Administrator will only select one (1 ) alternate Winner per Prize. If no contact has been made with the alternate after a reasonable effort has been made, the Prize(s) shall not be awarded. Unclaimed Prizes will not be awarded.
8. Prize Taxes. All federal, state, local and other tax liabilities arising from this Sweepstakes, including, without limitation, winning a Prize, will be the sole responsibility of each Winner.
9. Affidavit of Eligibility/Liability Release and Publicity Release. Winners may be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within three (3) days of notification of receipt of Release Forms. Failure to return Release Forms in a timely manner, or if a Prize notification or Prize is returned as non-deliverable, or if Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alter nate Winner selected in accordance with these Official Rules.
10. Publicity Release Terms. Except where prohibited by law, a Winner's acceptance of a Prize constitutes permission for the Sweepstakes Entities to use Winner's name, photograph, likeness, statements, Twitter Service entry, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
11. Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award a Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Integrity of Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of show or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and select the Winners from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
13. Lost or Corrupted Entries. The Sweepstakes Entities, and their parents, aff iliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and assumes no responsibility for any error, omiss ion, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes.
14. Damaged Property. Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
15. Sweepstakes Errors. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related adverti sing or promotion of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error (s) without materially affecting the terms and conditions of the Sweepstakes.
16. Prizes and Winners. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of a Prize, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Sweepstakes.
17. Release and Indemnity. Each entrant in this Sweepstakes, including, without limitation, the Winners, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes.
18. Limitation of Liability. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDE NTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
19. Disclaimer of Warranties. THE SWEEPSTAKES AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
20. Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address or wireless phone number, the winning entry will be declared made by the Authorized A ccount Holder of the email address and/or phone number submitted at time of registration into Twitter and entry into the Sweepstakes. For purposes of these Official Rules, "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.
21. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an indiv idual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
22. Governing Law and Jurisdiction. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
23. Winner List/Official Rules. For the name of the Prize Winners send a self-addressed stamped envelope for receipt by October 31, 2014 to "Winner's list, Xbox One Giveaway" c/o CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309. For Official Rules send a self- addressed stamped envelope to the above address marked "Official Rules: Xbox One Giveaway" for receipt by October 31, 2014. The full name of the Prize Winners may be posted and the Official Rules will be posted on gamespot.com at: http://www.gamespot.com/articles/gamespots-fantasia-music-evolved-and-xbox-one-give/1100-6422570/
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