Pets of Thieves Showcase - Official Terms & Conditions
Sea of Thieves Pets of Thieves Showcase Contest
Official Terms & Conditions
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. RULES
These are the official terms and conditions (the "Terms and Conditions") that govern how the Sea of Thieves Pets of Thieves Showcase Contest promotion will operate. This promotion will be simply referred to as the "Contest" throughout the rest of these Terms and Conditions. In these Terms and Conditions, "Microsoft", "we", "our", and "us" refer to Rare Limited. "You", "yourself" refers to an eligible Contest entrant. The "Promoter” is Rare Limited, The Broadgate Tower, Third Floor, 20 Primrose Street, London, EC2A 2RS. “Territory” shall mean: Worldwide.
2. ELIGIBILITY
Subject to the requirements set forth in Section 6 below, the Contest is open to 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 their 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 to take part, nor are members of these employees’ families (defined as parents, children, siblings, and spouse and life partners). Government officials of Austria and Switzerland are not eligible to take part. 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. 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). If a winner is found to be ineligible, the Promoter reserves the right to award the relevant prize to another entrant and to require the return of any prize already awarded.
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 or service where the Contest is hosted, if any.
Although this Contest may be featured on Twitter or Instagram, it is in no way sponsored, endorsed, or administered by, or associated with, these social media services and Twitter and Instagram disclaim all liability in relation to this Contest. You understand that you are providing your information to the Promoter and not to these services.
4. STATEMENT OF AGE
By entering into this Contest, you are stating that you are of the Required Age to participate in the Contest.
This Contest runs from 17:00 BST (British Summer Time) on 9th October 2019 and closes at 00:00 BST on 16th October 2019 inclusive (the “Entry Period”). Entries received outside of the Entry Period will not be considered.
(a) ENTRY REQUIREMENTS
To enter into this Contest, you must:
Capture a Sea of Thieves screenshot celebrating Sea of Thieves pets and then share that media with the @SeaOfThieves Twitter account or @RareLtd Instagram account using the hashtag #PetsOfThieves. The media that you post will be your entry.
All Entries must meet the following Entry Criteria:
Must contain the hashtag #PetsOfThieves.
Must comply with all Terms of Use of any social media service used to post an Entry.
Cannot contain, as determined by Sponsor, content that is sexually explicit, violent, or derogatory of any ethnic, racial, gender, religious, professional or age group, which violates any law, or which communicates a message inconsistent with the positive good will to which we wish to associate.
Your entry does not contain anything which could adversely affect the name, reputation or goodwill of Microsoft or any other individual or entries.
Your entry does not contain any known virus, Trojan horse, worm, trapdoor or similar software that may in any way affect any of the Promoter's hardware or software systems.
Entrants that satisfy the entry requirements above will be eligible to enter into this Contest. Entries submitted by any other means will not be accepted. The use of script, macro or any 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 over which it has no control which may restrict or delay the sending or receipt of your entry.
(b) CONTEST DESCRIPTION
This is a skill-based Contest and chance plays no part in the determination of the winner(s). For purpose of this Contest, each piece of media that you create and post to 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.
(c) ELIGIBLE ENTRIES:
To be eligible for judging an entry must meet the entry requirements.
(d) ENTRY LIMIT
Entrants may make multiple entries into the Contest. However, they may only win a maximum of one prize per person.
(e) DISQUALIFICATION
We will automatically disqualify any incomplete or illegible entry, any entries that we receive from you that are in excess of any entry limit described above, any entrant whose entry is not in accordance with these Terms and Conditions or any entrant who 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. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
7. 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 applicable rights] to: (i) reproduce, copy, adapt 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) as defined below; (ii) use, review, assess, test and otherwise analyse your entry and all its content in connection with this Contest; and (iii) feature your entry and all its content in connection with the promotion of this Contest in all media (now known or later developed) such as including but not limited to Internet (in particular on social networks pages or online community platforms or Xbox Live Dashboard), display, POS as well as on any kind of materials such as printed materials, posters, press advertisements, online materials as for instance web-banners and emailings, audiovisual commercials;
· except in France and 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.
For Entrants from Germany: The rights you may have according to Sections 11 (2), 32, 32a and 36 of the German Copyright Law remain unaffected.
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.
There will be 5 main prizes. The prizes will be as follows:
5 main prizes consisting of the Sea of Thieves in-game Bear & Bird Collector’s Figurehead and Sails
All prizes are as stated and are non-exchangeable. You may not exchange your prize for cash or any other merchandise or services. You will need an Xbox Live Gold subscription and a valid license entitlement to play Sea of Thieves in order to access your prize. However, if for any force majeure 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.
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 winner amongst the runners up referred to above.
If you accept a prize, you will be solely responsible for all applicable taxes related to accepting the prize, if any.
Unless otherwise noted, all prizes are subject to their supplier’s warranty and/or terms and conditions.
Prizes will be delivered within 30 working days from the day that an email response to confirm delivery details is received by the winner(s), in accordance with the above. The Promoter is not responsible for any delays in the postal service.
There will be 5 winners of the Main Prizes.
On the 25th October 2019 all eligible Entries will be reviewed by a panel of judges from Rare Limited, and winners will be selected based on the following judging criteria, each to be weighted equally:
• Creativity
• Originality
• Humour, as viewed by the Rare panel of judges
10. ODDS OF WINNING
Odds of winning depend on the number of entries received and the level of skill 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 social media account used to enter the Contest.
11. CONTACTING WINNERS
Attempts to contact the initial winner will begin on the 26th October 2019, using the social media account used at the time of entry, or the email account associated with that account. If a message to either the social media account or email account is returned as undeliverable, the initial winning entrant will forfeit their prize and a new winner will be chosen. Winners who are successfully contacted will be asked to respond to an email sent to them from sotcontests@microsoft.com. This email will request the winner’s preferred delivery address and will include a time to respond by. If the email is not responded to within the period listed on the winner notification messages, the winner will forfeit their prize and a new winner will be chosen. This process will continue until all prizes have been allocated. It is your responsibility to respond, as a winner. We will not enter into discussion beyond this point.
12. PUBLICITY AND WINNERS LIST
You hereby grant Microsoft Corporation and its affiliates the right to publish your Xbox LIVE Gamertag in online and offline worldwide media for this Contest if you are a winner for a duration of one year from the end of the Entry Period. You may be also asked (and may decline) to participate in further publicity or advertising relating to the Contest without remuneration, which may include the use of your Xbox LIVE Gamertag for advertising and publicity purposes. Prize winners’ names will be available for a three months period from the day of winner selection by writing to the following address: sotcontests@microsoft.com
13. 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.
If you are resident of Germany or France, this paragraph shall apply to the exclusion of the above paragraph. If cheating, a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled - provided that these events are considered as force majeure events as defined by German or French] Courts - 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 this force majeure 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.
14. LIABILITY
Microsoft cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Entrants in this Contest agree that Microsoft will have no liability whatsoever for (a) 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 or (b) technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit the entrant's ability to participate in the Contest. The foregoing shall apply in the event your data or your entry is not received or lost by the Promoter. Nothing in this clause shall limit the Promoter’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.
If you are resident of France, this paragraph shall apply to the exclusion of the above paragraph. Microsoft cannot guarantee the performance of any third party over which it has no control. Entrants in this Contest agree that Microsoft will have no liability whatsoever for any 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 as long as these losses, costs, damage or disappointment are not caused by a breach by Microsoft of its statutory or contractual obligations towards the entrant.
If you are resident of Germany, this paragraph shall apply to the exclusion of the above paragraph[s]. Microsoft cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Entrants in this Contest agree that Microsoft will have no liability whatsoever for (a) 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 or (b) technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit the entrant's ability to participate in the Contest, unless such injuries, losses, costs, damage or disappointment is caused by gross negligence or wilful intent of the Promoter.
15. 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. Microsoft’s Privacy Statement located at aka.ms/privacy will apply to this Contest and to all information that we receive from your entry.
Certain data relating to entrants must be provided in order to enter this Contest. Refusal by entrants to provide such data shall mean that they cannot enter this Contest. The data will be temporary used by Microsoft Corporation and its affiliates and by any of its representatives or employees for the purposes of conducting this Contest, as set out in these Terms and Conditions. Entrants have the right to exercise their rights of access to, amendment to or deletion of their data and to oppose the processing of their data for marketing purposes by emailing sotcontests@microsoft.com.
16. 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.
If you are a resident of UK, the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
17. GOVERNING LAW
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 entrant’s country of residence. Nothing herein shall deprive you of any more favourable terms that could apply to you under the laws of your country of residence.
18. INQUIRIES/COMPLAINTS
Inquiries and/or complaints related to the Contest can be made by emailing sotcontests@microsoft.com. These Terms and Conditions can be obtained at: https://www.seaofthieves.com/Pets-Showcase-Terms-And-Conditions
