Terms and Conditions
UPLOAD OUTREACH GAMESCOM VIDEO CONTEST
OFFICIAL TERMS & CONDITIONS
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. RULES
These are the official rules that govern how the Upload outreach Gamescom video contest promotion will operate. This promotion will be simply referred to as the "Contest" throughout the rest of these rules. In these rules, "Microsoft", "we", "our", and "us" refer to Microsoft Ireland Operations Limited. "You," "yourself" refers to an eligible Contest entrant. “The Promoter” is Microsoft Ireland Operations Limited, 70 Sir John Rogerson’s Quay, Dublin 2, Ireland in association with Microsoft srl, Innovation Campus, Via Lombardia 2/A – 1, 20068- Peschiera Borromeo, Milano, Italy. For the purposes hereof, “Territory” shall mean: USA, United Kingdom, France, Germany, Canada (excluding Quebec), Australia, Spain, Italy, New Zealand, Austria and Ireland.
2. ELIGIBILITY
Subject to the requirements set forth in Section 6 below, the Contest is open to any anyone residing in the Territory who is 18 years of age or older (the "Required Age") at the time of entry and who has not been judicially impeded from acting on its own. Proof of age, identity and place of residence may be required and requested. Employees of Microsoft (which includes, without limitation, its directors, executive officers, agents and consultants), or its affiliates and subsidiaries are not eligible, nor are members of these employees’ families (defined as parents, children, siblings, and spouse and life partners). If Switzerland and/or Austria belong to the Territory listed above, governmental officials of said countries are not eligible. You are also not eligible if you were or are involved in any part of the administration or execution of this Contest. Please note that this Contest is void outside of the Territory and wherever else prohibited by law.
3. ACCEPTANCE
When entering into this Contest, you will be requested to accept fully and unconditionally these Terms and Conditions and to agree to be bound by them. You also agree to abide by the terms and conditions of any third party website, venue, or service where the Contest is hosted, if any.
4. STATEMENT OF AGE
By entering into this Contest, you are stating that you are of the Required Age to participate in the Contest.
5. ENTRY PERIOD
This Contest runs from 17:00 GMT on August 22nd, 2013 and closes 23.59 GMT on September 15th, 2013 inclusive (the “Promotional Period”). Entries received outside of the Promotional Period will not be considered.
6. CONTEST DESCRIPTION
This is a creativity Contest and chance plays no part in the determination of the winner(s). The object of this Contest is to create a one minute video about any Xbox 360 or Xbox One game you like.
For purpose of this Contest, each video you create and submit in the Contest will be called an “entry.” All eligible entries received will be judged using the criteria described in Section 9 below to determine winners.
7. TO ENTER
(a) ENTRY REQUIREMENTS
To enter into this Contest, you must:
- Create a one minute video about any Xbox 360 or Xbox One game you like. This video may contain any original content element you deem appropriate such as but not limited to text, video, audio, voiceover, camera footage available for use in this Contest. If your video contains voiceover or text in any language other than English, you must include an English translation of such content in the email you submit for English speaking judges.
Entrants that satisfy the entry requirement will be eligible to enter into this Contest. Only one (1) entry per person will be accepted. An entry is qualified by the following: the entrant must shoot a one minute video maximum of his/her favourite Xbox 360 or Xbox One game publicly promoted by publisher at the time of the Contest and upload it at to a publically accessible website which is not ID password protected, and submit the link via email to
uploadvideo@microsoft.com. The email message you submit must include a link to your entry, as well as your first name, last name and Xbox Live gamer tag, and any English translation of content if applicable. Your email must be received by 23.59 GMT on September 15th, 2013 to be eligible. You also agree to abide by the terms and conditions of the website chosen to upload the video.
(b) DISQUALIFICATION
We will automatically disqualify: any incomplete or illegible entry; OR any entries that we receive from you that are in excess of the entry limit described below; OR any entrant whose entry (in the reasonable belief of the Promoter) is not in accordance with these Terms and Conditions or who (in the reasonable belief of the Promoter) tampers with the entry process or is otherwise involved in any way in manipulating, interfering or tampering with this promotion or engages in any un-sportsman-like or dishonest conduct of any kind. Errors and omissions may be accepted at the Promoter absolute discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
(c) ENTRY LIMIT
The use of automated devices to enter this Contest is prohibited. The Promoter is not responsible for lost, corrupted, illegible or delayed entries or for network, computer, hardware or software failures of any kind which may restrict or delay the sending or receipt of your entry. Only one (1) submission per eligible member per Promotional Period will be accepted as an entry (for avoidance of doubt, the maximum number of entries in the Contest per eligible member is one (1)). Further submissions will not be counted as entries. No purchase necessary. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence). We will only accept one (1) entry per person (same first and last name) and email address / Xbox LIVE account. An entrant may use only one (1) email address/Xbox LIVE account to enter into the Promotion.
8. ELIGIBLE ENTRIES:
To be eligible for judging an entry must meet the following content/technical requirements: duration of the video shall not exceed one minute. In addition, by submitting your entry into this Contest you confirm that, to the best of your knowledge:
your entry is your own original work and does not infringe or violate the privacy, intellectual property rights or other rights of any other person or entity;
your entry only includes material (including music, video or images) that you own, that you have created, or that you have permission from the copyright / trademark owner to use;
you have obtained permission from any recognizable person that appears in your entry to submit your entry in this Contest and to use their personal data in the entry for the purposes of the Contest (if applicable); and
your entry has not been selected as a prize winner in any other contest.
In addition, Entries may NOT contain any content that:
is sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic;
promotes alcohol, illegal drugs, tobacco, or a particular political agenda;
is obscene or offensive;
defames, misrepresents or contains disparaging remarks about other people or companies;
contains a third party, materials embodying the names, likenesses, voices or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead and/or look-alikes of celebrities or other public or private figures, living or dead;
communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or violates any law.
9. USE OF YOUR ENTRY:
Other than what is set forth below, we are not claiming any ownership rights to your entry. However, by submitting your entry, you:
are granting us 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 entry with all known or later developed means in connection with the promotion of this Contest in all media (now known or later developed); (ii) use, review, assess, test and otherwise analyse your entry and all its content in connection with this Contest and any future contests sponsored by Microsoft; and (ii) feature your entry and all its content in connection with the promotion of this Contest in all media (now known or later developed);
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 entry 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;
agree to sign any necessary documentation that may be required for us and our designees to make use of the rights you granted above;
understand and acknowledge that Microsoft 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 entry;
understand that we cannot control the incoming information you will disclose to our representatives in the course of entering, or what our representatives will remember about your entry. You also understand that we will not restrict work assignments of representatives who have had access to your entry. By entering this Contest, you agree that use of information in our representatives’ unaided memories in the development or deployment of our products or services does not create liability for us under this agreement or copyright or trade secret law;
understand that you will not receive any compensation or credit for use of your entry, other than what is described in these Terms and Conditions.
Please note that following the end of this Contest your entry may be posted on a website selected by us for viewing by visitors to that website. We are not responsible for any unauthorized use of your entry by visitors to this website. While we reserve these rights, we are not obligated to use your entry for any purpose, even if it has been selected as a winning entry.
If you do not want to grant us these rights to your entry, please do not enter this Contest.
10. SELECTION OF WINNERS
Potential winners will be determined by a panel of qualified judges (whose names will be available on request, which will include at least one independent judge, and which will review all eligible entries received and select twenty (20) winners based upon the following criteria: originality, imaginative use of video incorporating video games extracts and quality of content within the video. The decisions of these judges, which are subjective, are final, non-appealable and binding. The decision will be made on or around October 1st, 2013 and will take place at Soho Productions, London at approximately 6pm. If we do not receive a sufficient number of entries meeting the entry requirements, we may, at our discretion based on the above criteria, select fewer than twenty (20) winners.
11. ODDS OF WINNING
Odds of winning depend on the number of entries received and the level of each entrant. If there is a dispute regarding a potential winner, we will consider the potential winner to be the authorized account holder of the email address used to enter the Contest.
12. CONTACTING WINNERS
Attempts to contact the initial winner(s) will begin after the date of selection using the email details provided at time of entry. Initial winner(s) will be asked to respond to an email sent to them requesting their preferred delivery address (as the prize will be sent via post) and including a time to respond by. If the email is not responded to within the period listed on the winner(s) notification messages, the winner(s) will forfeit his/her prize. It is your responsibility to respond, as a winner. We will not enter into discussion beyond this point.
13. PRIZES:
There will be twenty (20) prize(s) in total. Each prize will be worth around £1322 GBP (€1551 EUR / $2068 USD / $2136 CAD / $2260 AUD / $2550 NZD) and be composed of the following:
- Xbox One retail kit containing an Xbox One console, a Kinect sensor and an extra controller.
- A year's Xbox Live gold account
- One copy of each of Xbox One game titles available at Launch date. The number and titles may vary.
- Future opportunities to create videos with the Upload development team
- Promotion of their content as they create it within Upload
You may not exchange your prize for cash or any other merchandise or services. However, if for any reason an advertised prize is unavailable or if it is unlawful to supply the prize to you in terms of the laws of your country of residence, we reserve the right to substitute a prize of equal or greater value; and
You may not designate someone else as the winner. If you are unable or unwilling to accept your prize, we will award it to an alternate potential winner amongst the runners up referred to above; and
If you accept a prize, you will be solely responsible for all applicable taxes related to accepting the prize, if any; and
Unless otherwise noted, all prizes are subject to their supplier’s warranty and / or terms and conditions.
Prizes will be delivered after the Xbox One console official commercial release date provided that an email response confirming the delivery details is received by the winner(s). The Promoter is not responsible for any delays in the postal service.
14. LAWS
These Terms and Conditions, the conduct of this Contest and the interpretation and enforcement of these Terms and Conditions shall be governed and construed exclusively in accordance with the laws of the participant’s country of residence. Nothing herein shall deprive you of any more favourable terms that could apply to you under the laws of the participant’s country of residence. For residents of Great Britain only: The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
15. AMENDMENT
To the extent permitted by applicable law, the Promoter reserves the right to amend, modify, cancel or withdraw this Contest and to amend these Terms and Conditions at any time without notice. If cheating, a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled, (also referred to as force majeure) affects the fairness and /or integrity of this Contest, we reserve the right to cancel, change or suspend this Contest. This right is reserved whether the event is due to human or technical error. If a solution cannot be found to restore the integrity of the Contest, we reserve the right to select winners from among all eligible entries received before we had to cancel, change or suspend the Contest. If you attempt to compromise the integrity or the legitimate operation of this Contest by hacking or by cheating or committing fraud in ANY way, we may seek compensation from you for any losses that we incur as a result of your actions to the fullest extent permitted by law. Further, we may ban you from participating in any of our future Contests, so please play fairly.
16. 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 Contest 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 Contest. The foregoing shall apply in the event your data or your entry is not received or 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.
17. 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. Entrants to the Contest will not be added to any database list. They will however be contacted on the email address or phone number supplied within 7 days following the selection to be advised if they were successful. This time period will begin again each time Microsoft attempts to contact a new potential winner. Microsoft’s Privacy Statement located at
Microsoft Online Privacy Notice Highlights will apply to this Contest and to all information that we receive from your entry. Please read the Privacy Statement on the Contest entry page before accepting these Terms and Conditions and submitting your entry. Please note that by accepting these Terms and Conditions you are also accepting the terms of the Privacy Statement.
The personal data relating to entrants shall be mandatorily required to enter this Contest. Refusal by entrants shall impede entry into this Contest. The data will be temporary used by Microsoft Corporation and its affiliates and by any of its representative or employees for the use and purposes to run the Contest as provided in these Terms and Conditions. Entrants may have the right to exercise their rights of access, cancelation of their data in: The Live Event Gamescon Video Contest, Microsoft Limited, Microsoft Campus, Xbox Member Engagement Team, Building 3, Floor 3, Thames Valley Park, Reading, Berkshire, England. RG1 6WG.
18. OTHER
No correspondence will be entered into regarding either this Contest or these Terms and Conditions. In the event of a dispute, the Promoter’s decision shall be final in all respects on all entrants.
19. INQUIRIES/COMPLAINTS
Inquiries and/or complaints related to the Contest can be made to Xbox Consumer Care by visiting:
Contact Us - Xbox.com. These Terms and Conditions can be obtained at:
uploadoutreach - Xbox.com
