Terms and Conditions1. Instructions on how to enter form part of the conditions of entry. By participating entrants agree to be bound by these conditions.
2. The promoter is Microsoft Pty Limited, ACN 002 589 460 of 1 Epping Road, North Ryde, New South Wales, 2113.
3. Entry is open to Australian residents age 15 and over. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to all terms and conditions. Parents/guardians may be required by the promoter to enter into a further agreement as evidence of consent to this promotion. Employees and their immediate families of the promoter, its retailers, suppliers and associated companies and agencies are not eligible to enter.
4. The promoter reserves the right to verify the validity of entries and to disqualify any entrant who the promoter believes either has tampered with the entry process or has submitted an entry that is not in accordance with these conditions of entry.
5. The competition commences at 6pm (Sydney time) on Monday, July 16th 2012 and closes at 5pm (Sydney time) on Tuesday, July 17th 2012.
6.
To enter, you must do all of the following the entry period:■Sign in to your Twitter account. If you do not have an account, visit
www.twitter.com to create one. Twitter accounts are free. All terms and conditions of Twitter.com apply.
■From your own Twitter account, tweet out using the instructed hashtag #XboxSpelunky to enter the Sweepstakes
■
Your tweet must answer the question, or be about the subject, published by the promoter on its Xbox Australia Facebook page.
■Put @xboxaustralia at the end of the tweetYou have until the end of the Entry Period to tweet the instructed hashtag #XboxSpelunky and enter the Sweepstakes.
Your tweet must meet the promoter’s criteria to be published on the Xbox Australia Facebook page, including that your tweet must not be offensive, defamatory or unlawful. Microsoft may accept or reject any tweet in its sole discretion.
By posting a tweet to the instructed hashtag #XboxSpelunky, you will automatically receive one (1) entry into the Sweepstakes.
We will only accept one (1) entry per person per Sweepstakes. Non-winning entries will not be included in subsequent Sweepstakes; you must enter each Sweepstakes separately.
We are not responsible for entries that we do not receive for any reason, or for entries that we receive but are not decipherable for any reason.
All terms and conditions of Twitter.com apply.
We will automatically disqualify:
■Any incomplete or illegible entry; and
■Any entries that we receive from you that are in excess of the entry limit described above.
7. All valid entries received by the closing date will be reviewed by the judging panel as to which tweet best answers the question, or expresses the subject, published by the promoter on its Xbox Australia Facebook page. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on creativity, humour, ability to be published on the Xbox Australia facebook page (ie not offensive) and originality.
8. The best three entries will a XBLA code for Spelunky. Total number prizes = 10. Total prize value = $198.00 AUD. Prizes are not exchangeable, transferable or redeemable for cash. If the promoter is unable to supply the nominated prize, the promoter reserves the right to supply another prize of greater or equal value.
9. All entries become the property of the promoter. The promoter’s decision is final and no correspondence will be entered into. No responsibility is accepted for entries not received by the promoter. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.
10. Entrants warrant that their entry in the competition does not breach the intellectual property rights of any third party. The entrant indemnifies and will keep the promoter and its associated agencies indemnified against any loss, costs (including legal costs), expenses or liability the promoter and its associated agencies may suffer arising out of a breach by the entrant of this clause.
11. The stated prize value is the recommended retail value (including GST) in Australia as provided by the supplier and is correct at the time of printing. The promoter accepts no responsibility for any variation in the value of the prize. The promoter and its associated agencies and companies accept no responsibility for prizes damaged or lost in transit.
12. Winners of all prizes will be notified by sending a direct message to you via Twitter within seven (7) days following completion of judging. If the notification that we send is returned as undeliverable, or you are otherwise unreachable for any reason, we may award the prize to an alternate winner.
13. In the event that a prize is not claimed by 5pm Wednesday, July 18th 2012 the judges will select an alternate winner to receive the prize.
14. If any winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on their behalf.
15. Any costs associated with entering the competition and accessing the website are the responsibility of the entrant.
16. These terms and conditions do not, nor do they purport to, limit, exclude or modify any non-excludable statutory guarantees as provided under the Competition and Consumer Act Cth (2010), or any other warranties (whether express or implied) under any state or federal legislation which cannot be excluded.
17. Except for any liability that cannot by law be excluded, the promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
18. To the fullest extent permitted by law and without limiting any other conditions of entry, the promoter may, in its discretion, terminate, modify or suspend the promotion. All entrants participating in the promotion at the point of termination, modification or suspension of the promotion will be notified by the promoter in writing. In the event of modification or suspension of the promotion, the entrant may choose to terminate their participation in the promotion at no cost.
19. The promoter assumes no responsibility for, and the entrant releases the promoter from responsibility for, any failure to receive an entry or for inaccurate information or for any loss, claim, damage or injury to person or property (including computer systems and servers) as a result of the entrant’s participation in this promotion or the conduct of the promotion generally or as a direct or indirect result of an entrant’s error, any technical problem of any kind including communications or network failure, unauthorised access to, transferring or theft of data, whether caused by the entrant or associated with the equipment or programming used in the conduct 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, the promoter may cancel, terminate, modify or suspend the promotion and/or disqualify any entrant involved in interfering or tampering with the conduct of this promotion in any way.
20. Details from all entries will be collected and used for the purposes of conducting this promotion (which may include disclosure to third parties for the purpose of processing and conducting the promotion) and for publicity purposes surrounding this promotion. By entering this promotion entrants consent to the use of their information as described. Entrants may access and/or change their data by following the procedures in the promoter’s privacy policy which is available at
www.microsoft.com/australia/privacy. The promoter will only use your personal details for marketing purposes outside those described above if you “opt in” to join the mailing list when prompted.
