‘EVOLVE XBOXONE BETA’ PROMOTION Contest Terms and Conditions 1.
The promotional materials including information on how to enter this promotion, form part of these terms and conditions. Entry into this promotion is deemed acceptance of these terms and conditions.
2.
Entry is open only to residents of the Netherlands who are aged eighteen (18) years or over.
3.
To enter this ‘Evolve XboxOne Beta’ promotion you will need to, during the Promotion Period (as defined below): Step 1: Record a video (of five (5) minutes or less in duration) of your Evolve gameplay during the XboxOne Beta using the XboxOne Upload Studio feature, and save it to the Microsoft XboxOne Skydrive cloud service (“Submission Video”). Step 2: Tweet your Submission video from your Twitter account together with the hashtag #EvolveXoneNL. To be considered complete, each reply submission must: (i) be directed to @2KNederland; (ii) contain the hashtag #EvolveXoneNL; and (iii) include a link to a Submission Video. All entry information, Submission Videos and Tweets shall be collectively referred to herein as the “Entries” or each as an “Entry.” Entries must comply with the Guidelines and Restrictions defined below. Take-Two reserves the right to cancel or modify this promotion in the event an insufficient number of entries are received that meet the minimum Judging Criteria (defined below). By entering, you warrant and represent the following with respect to your Entry: (a) you are the sole and exclusive owner of the Entry, apart from Contest IP (defined below) which may only be used pursuant to the limited license described more fully herein; (b) the Entry will not infringe on any rights of any third party, including, but not limited to copyright, trademark, privacy, publicity and/or any other intellectual property right; (c) no permission of any kind is required from any party other than you in order for Take-Two or its partners to use the Entry in accordance with these Terms and Conditions; and (d) the Entry complies with the Submission Guidelines and Restrictions defined below. There is a limit of one (1) Entry per person. No automated entry devices and/or programs permitted. All Entries become the sole and exclusive property of Take-Two and receipt of entries will not be acknowledged or returned. Take-Two is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed Entries are eligible. Proof of submission will not be deemed to be proof of receipt by Take-Two. You must be an active holder of a Twitter account to be eligible to enter this Promotion. All terms and conditions of Twitter apply. Multiple entrants are not permitted to share the same Twitter account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Twitter account, the authorized account holder of the email address used to register the relevant account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the
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submitted address. Each potential winner may be required to show proof of being the authorized account holder. 4.
Submission Guidelines and Content Restrictions: By entering, each entrant agrees that entrant’s Entry conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Take-Two, in its sole discretion, may remove any Entry and disqualify an entrant from the promotion if it believes, in its sole discretion, that the entrant’s Entry fails to conform to the Guidelines and Restrictions. Guidelines and Content Restrictions: • The Entry must be in English or Dutch only. • The Entry must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights; • The Entry must not disparage Take-Two, 2K, Turtle Rock Studios, Microsoft nor any other person or party; • The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous; • The Entry must 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; • The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United Kingdom, the Netherlands and/or of any jurisdiction where the Entry is created; • The Entry must be consistent with the image and values of Take-Two, 2K, Turtle Rock Studios and Microsoft be consistent with and satisfy the purpose of the promotion. Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Entry that may be similar in idea or concept to what is included in entrant’s Entry. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or TakeTwo arising out any such similarity or be entitled to any compensation because of any such similarity. The Judges’ decisions are final and binding in all matters relating to this promotion, including, but not limited to, interpretation and application of these Terms and Conditions. By entering the promotion, entrants fully and unconditionally agree to be bound by these Terms and Conditions and the decisions of the judges, which will be final and binding in all matters relating to this promotion.
5.
The opening date for eligible Entries is 15 January 2015 at 1800 hours CET and the closing date is 22 January 2015 at 1800 hours CET (the “Promotion Period”). Entries received before the opening date or after the closing dates will not be considered by the judges.
6.
On or about 23 January 2015, ten (10) Winners will be selected by three (3) independent judges and one (1) judge from Take Two. This is a game of skill and chance plays no part in determining the winner. The judging panel will judge the Submissions based on the following equally-weighted judging criteria ("Judging Panel Criteria") (a) creativity and originality; (b) style and humour; and (c) the best use of the video medium to convey overall message. Subject to verification and compliance with these Contest Terms and Conditions, the ten (10) highest scoring Video Submissions shall be selected as the Winners. In the event of a tie, all tied Entries will be re-judged by an additional judge selected by Take-Two who will break the tie using the Judging Panel Criteria. There will be ten (10) Winners. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest. No correspondence will be entered into.
7.
Each of the ten (10) Winners will win a prize consisting of the following: a. One (1) copy ‘Evolve’ for XboxOne; b. Two (2) Evolve branded hats; c. Two (2) Evolve posters;
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d. Two (2) Evolve branded T-shirts; e. Two (2) Evolve branded wristbands; and f. The chance to attend, with one (1) companion, an Evolve event to be held on 9 February 2015 at Microsoft’s Netherlands office in Schiphol (“Event”). The total approximate retail value of each prize is €150. The Winner will not receive difference between actual and approximate retail value. 8.
The Winners will be notified on about 23 January 2015 via a direct message to their Twitter account. If any Winner cannot be contacted within 3 days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any Winner rejects his/her prize or in the event of noncompliance with these Contest Terms and Conditions, such prize will be forfeited and may be awarded to the Submission with the next highest score, at Take-Two’s discretion. Upon prize forfeiture, no compensation will be given. Take-Two may also require the Winners to confirm their agreement to these terms and conditions again, and execute an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within 3 days of prize notification (inclusive), and before receiving his/her prize.
9.
Take Two Interactive Software Europe Limited ("Take Two"); Turtle Rock Studios (“Turtle Rock”); Microsoft Corporation (“Microsoft”) their employees and their immediate families, participating agents and their associated companies are ineligible to enter. Take Two reserves the right to verify the validity of entries.
10.
The Prize(s) is/are non-transferable. No substitutions, cash redemptions or cash or credit alternatives will be offered. In the case of unavailability of any prize, Take-Two reserves the right to substitute the prize(s) (in whole or in part) with a prize of equal or greater value, at TakeTwo’s sole discretion.
11.
Taxes, costs, charges and any other expenses associated with the receipt or use of the prize(s) are the sole responsibility of the Winners, including but not limited to any travel, accommodation or other expenses to travel to and from the Event including travel insurance, visas, valid passports and/or other documentation or materials required to travel and attend.
12.
Take Two's decision is final and no correspondence will be entered into.
13.
Take Two assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of Entries which may prevent the Entries reaching Take Two or being judged by Take Two.
14.
The prize(s) must be accepted (including the completion of any and all documentation required by Take-Two to be signed and/or acknowledged by the relevant winner) no later than 8 February 2015.
15.
Take Two reserves the right to cancel or postpone this promotion without liability upon the occurrence of events or circumstances beyond its control.
16.
No cash or credit alternatives will be offered, and the prizes are not transferable.
17.
Neither Take Two, Turtle Rock Studios, Microsoft, nor any other person or party associated with the running of this promotion (the “Released Parties”) shall be liable for any indirect loss or damage whatsoever or any loss of profits suffered in connection with any participant's
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participation in this promotion, and participants shall indemnify and hold harmless the Released Parties against any and all liability for any injuries, losses or damages of any kind (whether due to negligence or otherwise) to person(s), including death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, or participation in this sweepstakes including any activities associated with the foregoing. 18.
Take Two reserves the right to disqualify from this promotion, and any future contest or other promotion conducted by Take Two, any participant or winner who, in Take Two's reasonable view, has or may have tampered or interfered with the entry process, violated these terms and conditions, or acted in an unsportsmanlike or disruptive manner.
19.
The winners' names will be made available on request in writing to Take-Two at Take-Two Interactive Software Europe, 2-4 Victoria Street, Saxon House, Windsor, Berkshire, SL4 1EN, United Kingdom.
20.
Participants' personal data submitted in connection with this promotion will be retained by Take Two in order to administer this promotion. Personal data will be processed by Take Two solely in accordance with its privacy policy, which can be found at https://www.2kgamesinternational.com/uk/privacy-policy. Participation in this promotion is deemed consent for Take-Two to make available the winners' name (as described in paragraph 19 above) without any further reference or recourse to, and without payment or other compensation to, the winner.
21.
By entering this promotion, you: i) grant Take-Two a worldwide, non-exclusive, sub-licensable, royalty-free irrevocable license (“License”) in respect of all copyright and other intellectual property rights in and to your Entry to modify, adapt, publish, copy, display, communicate to the public, or otherwise deal with such Entry as it sees fit; ii) agree to assign all such copyright or other intellectual property rights in your Entry to TakeTwo and Microsoft if required by Take Two in the event of winning a prize; iii) agree to execute all such assignments or other documents and take such any actions as may be reasonably required or requested by Take-Two to give effect to the licenses and assignments contained in these Terms and Conditions; and iv) consent to the use and reuse of your name, city of residence, and any photograph or other recording taken by or on behalf of Take-Two, 2K, Microsoft, and their respective advertising and promotional agencies in connection with this Evolve Promotion in any form without compensation.
22.
To the maximum extent permitted by the law Take-Two, 2K, Turtle Rock Studios and Microsoft, shall not be liable for any claims or actions of any kind whatsoever for damages and losses to persons and property which may be sustained in connection with the receipt ownership and/or use of the prizes. This limitation of liability is a comprehensive limitation of liability that to the maximum extent permitted by law applies to all damages of any kind, including (without limitation) direct, indirect, or consequential damages; loss of data, income, or profit; loss of damage to property; and claims of third parties. Consumers agree that Take-Two, 2K, Turtle Rock Studios and Microsoft, have not made and shall not be in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not
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limited to, the implied warranties of merchantability, title and fitness for a particular purpose), in fact or in law, relative to this Promotion. 23.
This Promotion and these Contest Terms and Conditions are governed by English law.
24.
The promoter is Take-Two Interactive Software Europe Limited, of 2-4 Victoria Street, Saxon house, Windsor, Berkshire, SL4 1EN, United Kingdom (“Take-Two”). All questions regarding this promotion should be directed to Take-Two at
[email protected].
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