BY PARTICIPATING IN THE Diablo IV Collectors Box Giveaway #1 (the “PROMOTION”), YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND YOU SHOULD READ THESE OFFICIAL RULES CAREFULLY. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR RECEIVE A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF RECEIVING A PRIZE. YOU WILL NOT BE ELIGIBLE TO ENTER THIS PROMOTION OR RECEIVE ANY PRIZE UNLESS YOU MEET ALL OF THE ELIGIBILITY CRITERIA DESCRIBED IN SECTION 3.
1. SPONSOR: The sponsor of this Promotion is Blizzard Entertainment, Inc., One Blizzard Way, Irvine, CA 92618 (“Sponsor”).
2. PROMOTION TERM: The Promotion will take place during the following time period (the “Promotional Period”):
Start Date: March 13, 2023 at 9:00 AM Pacific Time (“PT”)
End Date: March 14, 2023 at 9:00 AM PT
Entrants shall be solely responsible for confirming the equivalent start and end dates and times in their relevant jurisdiction.
3. ELIGIBILITY: The Promotion is open and offered only to legal residents of the fifty United States and the District of Columbia (excluding Puerto Rico and other U.S. territories and possessions), 18 years of age or older (except residents of Alabama and Nebraska, who must be 19 years of age or older and residents of Mississippi, who must be 21 years of age or older) at the time of entry. Promotion is void in Puerto Rico and other U.S. territories and possessions and where prohibited or restricted by law. Participants may only participate in the Promotion so long as their participation in the Promotion, receipt of the Prize, and use of the Prize does not violate applicable local laws and/or the federal, state and local laws of the United States, including any such laws applicable to jurisdictions outside the United States. Participants are responsible for ensuring that their participation in the Promotion and receipt of any Prize is compliant with all laws of the jurisdiction(s) in which they are a resident, and participants must take all steps necessary to ensure such compliance. Notwithstanding anything to the contrary contained herein, Sponsors shall have the right in its sole and absolute discretion to determine the eligibility of any and all participants. Participants acknowledge and agree that their eligibility status as determined by Sponsors may change at any time and such determination shall be final. The Promotion is void where prohibited or restricted by law. Employees, officers and directors of Sponsor and their parents, affiliated companies and subsidiary companies, and their advertising, promotion, or production agencies, prize providers, web masters and web suppliers, vendors, suppliers and production/distribution partners and each of their respective officers, directors, employees, representatives and agents (collectively, with Sponsor, the “Promotion Entities”), and their dependents, immediate families (spouse and parent, child, sibling and their respective spouses, regardless of where they reside) and/or members of their households, whether or not related, are ineligible to participate in this Promotion. By participating, participants agree to these Official Rules and the decisions of the Sponsors, which are final and binding in all matters related to this Promotion unless disputed in accordance with Sections 13. To be eligible to participate in this Promotion, you must have a public Twitter account in good standing in compliance with all applicable terms and conditions. Twitter accounts are free of charge and can be obtained at https://twitter.com/i/flow/signup. Twitter is NOT a sponsor of this Promotion.
4. HOW TO ENTER AND WIN: To enter the Promotion, eligible participants must respond via a public Tweet to the social prompt announcing the Promotion posted by the @Diablo Twitter account. Limit one (1) entry per person. Thirty-Five (35) winners will be chosen at random by Sponsor from all eligible participants who submit an entry during the Promotional Period. Winners will be contacted via Twitter direct message Your Twitter account must be set to public (not private) in order to successfully complete your submission via Twitter.
The winner must provide a valid U.S. mailing address (that is not a P.O. Box) to receive a Prize. The odds of winning depends on the total number of entries received in connection with the Promotion.
5. PRIZE: Thirty-Five (35) winners will receive a Diablo IV Collector’s Box, each with an approximate retail value of USD $96.66 (the “Prize”). Total ARV of all prizes: $3,383.10. All Prizes are expected to ship on or before March 31, 2023.
6. PRIZE RESTRICTIONS: Prizes are not transferable. No substitutions or exchanges (including for cash) of any Prize will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any Prize. Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement). Prize recipients are solely responsible for remittance to the relevant taxing authorities any taxes owed in connection with receipt of any Prize. Sponsor is not responsible for any lost, damaged, or stolen Prizes once shipped.
7. PUBLICITY: Except where prohibited by applicable law, each participant agrees to participate in publicity activities related to the Promotion as may be required by Sponsors. Each participant, in consideration of their being allowed the opportunity to enter the Promotion, hereby grants Sponsor a perpetual, non-exclusive, royalty-free, worldwide license and right to utilize the entry materials submitted to Sponsor in connection with the Promotion, as well as the participant’s name, character, likeness, and biographical information (“Participant Materials”) for any publicity, advertising and promotional purposes without additional compensation, except where prohibited by law, and releases Sponsor from any liability with respect thereto. Without limiting the generality of the foregoing, Sponsor shall have the right to use, modify, reproduce, publish, perform, display on all forms of media, distribute, make derivative works of and otherwise commercially and non-commercially exploit the Participant Materials in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without separate compensation to you or any other person or entity. The grant of rights set out above shall include an assignment of all moral rights accruing to Participant or, in jurisdictions where such assignment is not permitted by law, a waiver of such moral rights and an agreement by Participant not to institute or support any claim based on moral rights against Sponsor. Participant further agrees to take, at Sponsor’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth above in this section.
8. PRIVACY: By participating to the Promotion, participants hereby acknowledge that Sponsors may collect and use their personal information in compliance with applicable laws and regulations and its Privacy Policy accessible at Legal – Blizzard Entertainment. Participants confirm that they have acknowledged the Privacy Policy applicable to their country of residence. Participants’ personal information may be transferred to the United States of America for the purpose of this Promotion. Participants have the right to access, ask for erasure, and correction of their personal information and can request such action as detailed in the Privacy Policy applicable to their country of residence.
9. SPONSORS’ RIGHTS: Sponsor reserve the right at any time, in their absolute discretion, to:
verify the eligibility of any participant (including their age and place of residence);
disqualify any participant found to be abusing or tampering with the operation of the Promotion or entering using fraudulent means, or who the Sponsors believes to have acted in breach of these Official Rules; and
disqualify any participant posting an entry or a comment to Sponsor’s social media channels and/or interactive features of its websites or other platforms that is, in the Sponsor’s opinion, inappropriate, offensive or upsetting to other participants, fans of the Sponsors, or directly aimed at the Sponsors, or contrary to applicable law, and at one or more Sponsors, or contrary to applicable law, or Sponsors or Sponsors’ vendor or supplier’s terms of use or service (including community guidelines or other terms governing appropriate behavior) and to remove any such entry or comment.
Sponsor reserve the right to extend, withdraw, alter, suspend or terminate the Promotion or these Official Rules in respect of one or more territories at any time if circumstances beyond their control (which could not be reasonably foreseeable at the time of this Promotion and which could not be avoided by appropriate means) make this unavoidable.
10. CONDITIONS OF PARTICIPATION: Participants agree that Sponsor and Twitter will have no liability whatsoever for, and shall be held harmless against any liability for any injuries, losses or damages of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance or receipt of any Prize, or participation in this Promotion or any Promotion-related activity, or for any printing, production, typographical, human or other error in the distribution, offering, or announcement of any Prize.
11. LIMITATIONS ON LIABILITY: Sponsor and Twitter are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, garbled, or stolen entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors or problems of any kind, whether typographical, printing, human, technical, mechanical, electronic, network or otherwise, including, without limitation, or any errors or problems which may occur in connection with the administration of the Promotion; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Promotion or website, as solely determined by the Sponsors, will be disqualified (and all associated entries will be void), and Sponsors reserve the right to terminate such participant’s eligibility to participate in this or any other promotion offered by Sponsors. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Promotion Entities and Twitter are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from a Promotion-related website. Should any portion of the Promotion be, in Sponsors’ sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsors, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsors reserve the right at their sole discretion to suspend or terminate the Promotion.
12. IN NO EVENT WILL SPONSOR OR TWITTER BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PROMOTION, RECEIPT OF ANY PRIZE, OR YOUR ACCESS TO AND USE OF ANY WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE ASSOCIATED WITH THIS PROMOTION. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PROMOTION SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. ARBITRATION : Any dispute whatsoever relating to the Promotion which is not resolved within the thirty (30) day period commencing upon receipt of written notice by either party from the other party, shall be settled by binding and final arbitration before a single arbitrator. The demand for arbitration shall be made within a reasonable time after a claim, dispute, breach or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim, dispute or breach. The arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”). Arbitration shall be by a single arbitrator experienced in the matters at issue selected pursuant to the AAA Rules. The arbitration shall be held in such place in the metropolitan area of Los Angeles, California, as may be specified by the arbitrator (or such other place upon which the parties and the arbitrator may agree), and shall be conducted pursuant to the AAA Rules (regardless of any choice of law provision in this Agreement) to the extent not otherwise inconsistent with this Agreement. The parties shall not be entitled to discovery other than the exchange of relevant documents and one deposition not to exceed eight hours, except as otherwise allowed by the arbitrator or the AAA rules. However, the parties shall also be entitled to depose any expert that will be presented to testify at the arbitration hearing. The decision of the arbitrator shall be final and binding as to any matters submitted to arbitration and shall be in lieu of any other action or proceeding of any nature whatsoever; and, if necessary, any judgment upon the arbitrator’s decision may be entered in any court of record having jurisdiction over the subject matter or over the party against whom the judgment is being enforced. The arbitrator shall issue a reasoned opinion to support his or her final award, and shall have no power to issue any ruling that either is not consistent with, or is contrary to, Delaware law. The arbitrator also shall have no power to award exemplary, special or punitive damages, and shall further have no power to award incidental or consequential damages or damages for lost profits. The reasonable attorneys’ fees and costs of the prevailing party or parties (as determined by the arbitrator) shall be reimbursed by the other party or parties. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Except as required by law, the parties agree to keep confidential the existence and details of any dispute subject to this provision, including the results of arbitration. The foregoing shall not be deemed to prohibit a party from disclosing relevant information to its legal, financial and other advisors in connection with any such dispute as long as such advisors agree to maintain the confidentiality thereof pursuant to this provision.
14. CHOICE OF LAW : Except where prohibited, each participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any reward shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will participant be permitted to obtain attorneys’ fees or other legal costs; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and (4) participant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Delaware law, without reference to Delaware choice of law rules, governs the Promotion and all aspects related thereto.