Terms and Conditions
The Prize Draw is open for people living in the below listed countries (“Eligible countries”), excluding (a) anyone connected in a professional capacity with the Prize Draw and that person’s immediate family members, and (b) employees and contractors of the Prize Provider (defined below) or their respective affiliates. Entrants must be aged 18 years or older. Entrants are required to have an Instagram account.
Entry implies acceptance of these terms and conditions, any amendments to them, and the decisions of the Prize Provider, which are final and binding in all respects. The Prize Provider reserves the right to disqualify any entrant from the Prize Draw if, in its sole judgment, the entrant has not complied with these terms and conditions, has tampered with the operation of the Prize Draw, or has engaged in any conduct that is detrimental or unfair to the Prize Provider, the Prize Draw, or any other entrant.
Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, China, Colombia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hong Kong SAR, Hungary, India, Ireland, Israel, Italy, Japan, Korea, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Russia, Saudi Arabia, Singapore, Slovakia, South Africa, Spain, Sweden, Switzerland, Taiwan, Turkey, United Arab Emirates, United Kingdom, United States.
- Participants must follow@433 and @xboxuk, tag 2 other accounts in the comments of the Prize Draw Post and must like the Prize Draw Post. Submission
- Participants agree and understand that Submissions and/or posts, tags may be made available to the public, including but not limited to posting on the Internet. Whether or not Submissions and/or posts, tags are published on the Internet, Prize
Provider does not guarantee any confidentiality with respect to any Submission and/or posts, tags.
- Participants are responsible for securing necessary consents, waivers, talent and location releases, and licenses for any visual and audio material contained in the Submissions and/or posts, tags.
- Submissions and/or posts, tags must comply with the Content Restrictions set forth below.
- By uploading the image the participant agrees, for zero compensation, to grant to Prize Provider all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the Prize Provider’s right to publish, make available to the public and/or reproduce the Submission and/or posts, tags through any media available for the purpose of administering and conducting the Contest. In addition, Participant warrants that any so called “moral rights” in the Submission and/or posts, tags have been waived and Participant acknowledges and agrees that Prize Provider may use any ideas from any Submission and/or posts, tags or other submitted materials, whether or not Participant has been awarded a prize in connection with any such Submission or other materials.
- Prize Provider is not responsible for any expenses incurred in the production and delivery of the Submissions and/or posts, tags.
CONTENT RESTRICTIONS: The Submission and/or posts, tags must not contain material that:
- is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libellous, vulgar, obscene, pornographic, indecent, lewd, suggestive, scantily-clad, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or
- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
- involves alcohol, tobacco or weaponry, or that promotes or has a connotation to any illegal activity;
- that impersonates, disguises or conceals any person or entity or otherwise misrepresents a Participant’s affiliation with a person or entity;
- displays or depicts unacceptable clothing or adornments, or displays any commercial/corporate advertising (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
- references persons or organizations without their written permission; 8. disparages persons or organizations associated with Prize Provider; or
- otherwise violates the standards of Prize Provider as determined by Prize Provider in its sole discretion.
Any Submission and/or posts, tags that does not comply with the above requirements and restrictions, or any other requirement herein, is subject to disqualification and Prize Provider reserves the right at its sole discretion to remove any Submission and/or posts, tags if Prize Provider receives notification about any potential infringements or breaches of law or any other reason set forth herein.
Prize Provider is not responsible for lost, late, incomplete, invalid, illegible or misdirected Submissions and/or posts, tags, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Participant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Contest.
Prize Provider reserves the right at its sole discretion to modify, cancel or suspend this Contest for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Prize Provider. In case of dispute as to the owner of a Submission and/or posts, tags, the Submission and/or posts, tags will be deemed to have been submitted by the authorized account holder of the email address from which the entry is made with the only exception being if a minor submits an entry in the name of his/her parent or legal guardian. 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 submitted address. A selected Participant may be required to provide Prize Provider with proof that he/she is the authorized account holder of the e-mail address associated with the selected Submission and/or posts, tags.
Prize Provider reserves the right, in its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Contest, or acting in violation of these Official Rules or applicable law. Submissions and/or posts, tags delayed past the Submission Deadline will not be accepted.
The prize available is [1 England branded Xbox Series X Console, including 1 England branded Xbox Controller].
1) The Prize Provider will replace any lost, mutilated or stolen prizes. 2) The winners and guests are solely responsible for all ancillary expenses associated with the Prize.
3) The Prize Provider may, at its sole discretion, substitute any Prize won with a prize of equal or greater value.
4) Any unclaimed Prize remains the property of the Prize Provider.
Opening/Closing Date & Time
The Prize Draw opens when the Prize Draw is promoted on approved Instagram accounts (the “Prize Draw Posts”) and closes on [17 December 2022].
How to Enter
To enter, entrants must follow the instructions in the Prize Draw Posts. The entrant can enter the competition by undertaking the below actions:
On Instagram, the entrant must ‘follow’ [@433 & @Xboxuk] from the time of entry through to the conclusion of the Prize Draw Period and ‘like’ a supporting Prize Draw Post and ‘tag’ 2 other users in the Prize Draw Post.
In the event of any dispute, all submitted entries will be deemed to have been submitted by the owner of the Instagram handle from which they were submitted. You understand that you are providing your information to the Prize Provider and not to Instagram. Entry to the Prize Draw is limited to one per person per Instagram account.
The Prize Provider will only accept entries that are completed and submitted in the format designated. Incomplete entries will not be accepted. Duplicate entries are not permitted and will be disregarded. Proof of electronic submission will not be accepted as proof of receipt. All entries are deemed to be entered into the Prize Draw on the day of receipt by the Prize Provider.
All entries, and materials submitted to the Prize Provider in connection with the Prize Draw (collectively, “Entry Materials”), along with all associated copyright and other
proprietary rights, except as reserved by relevant third parties, become the property of the Prize Provider upon submission, and any Entry Materials will not be returned to any entrant. Entrants agree to take any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by the Prize Provider to effect, perfect, or confirm the Prize Provider’s ownership in the Entry Materials and any associated proprietary rights.
The Prize Providers will, in its sole discretion, select the Prize winners and what Prize they won at random. The winners will be notified via direct message on Instagram within seventy two (72) hours of the end of the Prize Draw Period (“Notification”). The winners will have twenty four (24) hours from receipt of Notification to respond to the Prize Provider and confirm acceptance of the Prize. The prize will be issued to the winners electronically or via registered post, at the Prize Provider’s sole discretion. The prize fulfillment will take place within 90 days, starting from the winner announcement of the prize.
If a selected winner (or any substitute winner) is ineligible, cannot be reached, or fails to claim their Prize within twenty four (24) hours of receiving the Notification, that winner (or substitute winner) will forfeit the Prize and it will be awarded to a substitute winner. If, having attempted to contact a winner and a substitute winner, the Prize Provider is unable to award a Prize, the Prize Provider reserves the right to consider the Prize unclaimed.
This process is final and no correspondence will be entered into. Non winners will not be notified.
By entering the Prize Draw you consent to passing your details to the Prize Provider and any relevant third party for the purpose of contacting you in the event you are a winner.
By accepting a Prize, entrants and their guests consent to the use of their
name, county of residence, likeness or Prize information for promotional and other reasonable purposes without further payment, except where prohibited by law. A winner may be required to participate in the Prize Provider’s reasonable marketing and promotional activities. By entering the Prize Draw you consent to participate in such activities in the event that you are a winner.
The Prize Draw is in no way sponsored, endorsed or administered by, or associated with Instagram.
If you are a winner or a guest and you submit any material, including but not limited to photographs, videos or testimonials, to the Prize Provider for use or publication in connection with the Prize Provider’s reasonable marketing and promotional activities, including but not limited to the Prize Provider’s official social media activities, you waive any right you may have to inspect or approve the activities and you release and discharge the Prize Provider from any claims or liability relating to the Prize Provider’s reasonable use of your material.
(a) Prize Provider:
Microsoft Ireland Operations Limited
70 Sr John Rogerson’s Quay, Dublin 2, DUBLIN D18
(b) Prize Promoter:
1013 BC Amsterdam
(c) Privacy Notice: All information submitted in connection with this Prize Draw will be treated in accordance with these terms and conditions.
(d) Waiver of Liability: The Prize Provider(s) will not be responsible or liable for: (i) any failure to receive entries due to transmission failures or other conditions beyond their
reasonable control; (ii) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (iii) any disruptions, injuries, losses or damages caused by events beyond their reasonable control; (iv) any postponement, delay or changes that may impact on the Prize caused by events beyond their reasonable control; or (v) any printing or typographical errors in any materials associated with the Prize Draw.
(e) General Release: By entering the Prize Draw you release the Prize Provider, relevant third parties, and each of their respective affiliated companies, directors, officers, employees, representatives and agencies, from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Prize Draw or with the acceptance, possession, or use of any prize, except as prohibited by law.
(f) Amendment: To the maximum extent permitted by applicable law, the Prize Provider reserves the right to change these rules or cancel the Prize Draw at any time, in its sole discretion.