Xbox LIVE Rewards – “Halo 4” x “Call of Duty: Black Ops II” Reward Program
OFFER TERMS AND CONDITIONS
These are the Terms and Conditions that govern how the Promotion operates. In these Terms and Conditions, "we", "us", "our" and "Microsoft" refer to Microsoft Hong Kong Limited of 13/F, Cyberport 2, 100 Cyberport Road, Hong Kong. "You", "your" and "yourself" refer to an eligible participant. Please read these Terms and Conditions carefully before participating in the Promotion, as they form a legally binding agreement between you and Microsoft. By participating in the Promotion, you confirm that you have read and understood and fully agree to and unconditionally abide by these Terms and Conditions.
(a) All residents of Hong Kong aged 13 years old or above at the time of entry are eligible to participate in the Promotion.
(b) You must be an Xbox LIVE Rewards member.
(c) Employees and independent contractors (and each of their immediate family members) of Microsoft, its retailers, suppliers, associated companies and agencies are not eligible to participate in the Promotion.
2. Promotion Details:
(a) The start time for the Promotion is 00:00 (GMT+8) on 1 December 2012, and the end time for the Promotion is 23:59 (GMT+8) on 31 December 2012 ("Promotion Period").
(b) Entry Limit: Only one entry is permitted per person for the Promotion.
3. Prizes and How to Win:
(a) If you are one of the first 200 Xbox LIVE Rewards members to play both “Halo 4” and “Call of Duty: Black Ops II” in multiplayer mode through Xbox LIVE for 20 hours respectively (i.e. 40 hours of total game play time) during the Promotion Period, you will be eligible to receive a “Halo 4 Ghost” avatar item and 400 MS Points (in redeemable code) (the "Prize").
(b) Microsoft reserves the right to select an alternate winner if the original winner is subsequently disqualified from the Promotion.
4. Results of the Promotion: If you have won a Prize, Microsoft will notify you by email on or before 23:59 (GMT+8) on 17 January 2013 and provide you with instructions for Prize redemption. Prizes must be redeemed by 31 March 2013.
5. Prize Redemption:
(a) Prizes are not redeemable for cash.
(b) You may not designate another person to substitute you as the winner. If you are unable or unwilling to accept your Prize, cannot be contacted, are ineligible or fail to claim your Prize, Microsoft may in its sole and absolute discretion award it to an alternate winner. In the event of a dispute, all decisions of Microsoft shall be final and binding.
(c) If you accept a Prize, you will be solely responsible for all applicable taxes related to accepting the Prize. Microsoft may choose not to award the prize to you unless you satisfy the applicable tax or reporting obligations under the applicable laws.
(d) If for any reason an advertised prize is unavailable, Microsoft may substitute the advertised prize for another prize which has approximately the same recommended retail price.
(e) If there is a dispute as to the person who submitted the winning entry, the winner will be the authorised account holder of the email address used to participate in the Promotion.
(f) The decision of Microsoft in relation to the winners, or any other aspect of this Promotion, is final and no correspondence will be entered into in this respect.
6. Promotional Activities: If you are a winner, except where prohibited by law, you consent to the use of your name, gamertag, photo and/or likeness, biographical information and statements attributed to you (if true) for advertising and promotional purposes without any compensation or notice to you.
7. Limitation of Liability and Indemnity:
(a) To the fullest extent permitted by law, Microsoft, its retailers, suppliers, associated companies and agencies will not be liable to you for any direct, indirect or consequential loss or damage whatsoever, including personal injury, which is suffered as a result of, or arising from, your participation in the Promotion or winning (or not winning) any prize. Microsoft's total liability in connection with such matters shall be limited to the sum of HK$100.
(b) To the fullest extent permitted by law, you undertake to indemnify and keep Microsoft, its retailers, suppliers, associated companies and agencies harmless and indemnified against any loss, damage, claims, costs and expenses which may be incurred or suffered by any or each of them due to your breach of any of these Terms and Conditions and/or arising from your participation in the Promotion or winning (or not winning) any prize.
8. Microsoft’s Responsibilities:
(a) All entries are deemed to be received at the time of entry into the Promotion database and not at the time of transmission by the participant. Any form of automated entry using other devices or software is invalid. Microsoft may in its sole and absolute discretion disqualify, from participating in this Promotion, any person who tampers with the entry process, submits an entry not in accordance with these Terms and Conditions, provides inappropriate or illegible details, or impersonates another person or company to participate.
(b) Microsoft is not responsible for printing or typographical errors in any Promotion-related materials or for registrations, entry forms or submissions that are incomplete, lost or misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including electronic, computer, telephone, paper transfer, mail system, human or other errors, including inability to access any website associated with the Promotion. Proof of online submission shall not constitute proof of receipt by Microsoft.
(c) Microsoft is not responsible for any problems or technical malfunction of any telephone network or lines, servers or providers, or any combination thereof, nor is it responsible for any incorrect or inaccurate information caused by any of the equipment or programming associated with or utilised in this Promotion, or by any technical or human error that may occur in the course of the administration of this Promotion. If, because of any such problem, this Promotion is not able to be conducted as planned and/or the Promotion’s administration, security, fairness or integrity are compromised or affected, Microsoft may in its sole and absolute discretion cancel, terminate, modify or suspend the Promotion and/or disqualify any participant involved in interfering or tampering with the conduct of this Promotion in any way.
9. Privacy: The information submitted by you during the registration process or otherwise when participating in the Promotion may include your name, email address and other personal information (“Personal Information”). Except as provided elsewhere in these Terms and Conditions, your Personal Information will only be collected, processed, used, and internationally transmitted by Microsoft in accordance with applicable data protection laws and regulations and Microsoft’s Privacy Statement referred to below, for the purpose of administering your participation in the Promotion or other directly related purposes. The usage period will be the Promotion Period and until the time this Promotion and any other directly related purposes are completed. By participating in this Promotion, you expressly agree that you have reviewed and accept Microsoft’s Privacy Statement referred to below. You expressly agree and allow Microsoft to transfer the Personal Information to such third parties authorised by Microsoft for the purpose of administering this Promotion or other directly related purposes. For details of Microsoft's Privacy Statement, please visit:
10. Changes to Terms and Conditions / Promotion: To the fullest extent permitted by law, Microsoft may modify these Terms and Conditions at any time without notice. Microsoft reserves the right to cancel, suspend or change the Promotion or any element of the Promotion for any reason, including any cancellation, suspension or change necessitated by any event outside of Microsoft’s control. Microsoft will announce any substantive change to the Promotion on the Promotion Website. Any changes or cancellation will take effect from the date of publication. Your continued participation in the Promotion will constitute acceptance of any changes made by Microsoft. You agree that Microsoft shall not be liable to you for any loss or damages arising as a result of any such changes or discontinuation.
(a) The Promotion and these Terms and Conditions shall be governed and construed in accordance with the laws of Hong Kong SAR and the courts of Hong Kong SAR shall have jurisdiction to hear all disputes relating to them.
(b) All provisions of the Terms and Conditions shall apply to the fullest extent permitted by law. If any provision of these Terms and Conditions shall be held to be unlawful, void or unenforceable, then such provision shall be replaced with terms and conditions that most closely match the intent of Microsoft and the remainder of the Terms and Conditions shall continue in full force and effect.
(c) The Promotion is void where prohibited or restricted by law, and is subject to all applicable laws. You are responsible for ensuring that you comply with all applicable laws in participating in the Promotion. If Microsoft discovers that your participation in the Promotion was in breach of applicable laws, you shall be disqualified from the Promotion.
(d) In case of any inconsistency between the English version and Chinese version of these Terms and Conditions, the English version shall prevail.