BY CLAIMING THE DIABLO IV HARDCORE VICTORIES OFFER (THE “OFFER”), YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS BELOW (THE “TERMS & CONDITIONS”) AND SHOULD READ THESE TERMS & CONDITIONS CAREFULLY.
PART A: TERMS APPLICABLE TO ALL INDIVIDUALS
OFFER ELIGIBILITY : THIS OFFER IS ONLY OPEN AND OFFERED TO INDIVIDUALS WHO: (I) ARE 18 YEARS OF AGE OR OLDER AS, OR THE AGE OF MAJORITY IN THE RELEVANT JURISDICTION, WHICHEVER IS OLDER OF MAY 26, 2023; (II) ARE NOT RESIDENTS OF RUSSIA, BELARUS, CUBA, IRAN, THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA, SUDAN, CRIMEA, SYRIA, AND ANY OTHER REGIONS WHERE RESTRICTED OR PROHIBITED BY LAW; (III) ARE NOT RESIDENTS OF THE PEOPLE’S REPUBLIC OF CHINA (WHICH FOR THE PURPOSES OF THESE RULES, EXCLUDES HONG KONG, MACAU AND TAIWAN); (IV) MAINTAIN A BLIZZARD BATTLE.NET ACCOUNT IN GOOD STANDING IN COMPLIANCE WITH ALL APPLICABLE TERMS AND CONDITIONS AT ALL TIMES DURING THE OFFER PERIOD (DEFINED BELOW); (V) OWN A LICENSE TO DIABLO IV; (VI) HAVE REACHED A CHARACTER LEVEL OF 100 IN “HARDCORE MODE” ON DIABLO IV AND HAVE EARNED THE “TEMPERED CHAMPION” TITLE IN-GAME; AND (VII) WERE NOT PREVIOUSLY INVITED TO DOWNLOAD THE PRE-RELEASE REVIEW VERSION OF THE GAME DURING THE MONTH OF MAY 2023. YOU MUST MEET ALL OF THE ELIGIBILITY CRITERIA CONTAINED IN THESE TERMS & CONDITIONS TO CLAIM THIS OFFER.
This Offer is void where prohibited or restricted by law. You may only claim this Offer so long as it does not violate the 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. You are responsible for ensuring that claiming this Offer is compliant with all laws of the jurisdiction(s) in which you are a resident, and you must take all steps necessary to ensure such compliance.
Employees, officers and directors of Blizzard Entertainment, Inc. (“Blizzard”) and its parents, affiliated companies and subsidiary companies, and their advertising, promotion, or production agencies, web masters and web suppliers, vendors, suppliers and production/distribution partners and each of their respective officers, directors, employees, representatives and agents (collectively, with Blizzard, the “Blizzard 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 claim this Offer.
Blizzard shall have the right in its sole and absolute discretion to determine the eligibility of any and all individuals who attempt to claim this Offer. You acknowledge and agree that your eligibility status as determined by Blizzard may change at any time and such determination shall be final.
OFFER PERIOD: The Offer may be claimed by eligible individuals beginning on June 1, 2023 at 4:00 PM PT. The Offer will end on September 1, 2023 at 11:59 PM PT, or until 1,000 eligible individuals have claimed the offer, whichever is sooner (the “Offer Period”). You are solely responsible for confirming the equivalent start and end dates and times in your relevant jurisdiction.
THE OFFER : The first 1,000 individuals who meet all of the eligibility requirements herein and send a public Tweet to @Diablo containing (i) the hashtag #Diablo4Hardcore, (ii) their full Battle.net BattleTag, and (iii) picture or video proof that the individual has reached a character level of 100 in “hardcore mode” on Diablo IV and have earned the “Tempered Champion” title in-game using the same Battle.net account will have their BattleTag engraved into a physical statue of Blizzard’s choice. Blizzard will contact the 1,000 eligible individuals who have successfully claimed the offer to confirm via Twitter DM within approximately 45 days of the conclusion of the Offer Period.
OFFER LIMITATIONS : Limit one offer claim per person. Offers claimed via script, macro, or other automated means are void. Blizzard reserves the right to void offer claims from individuals who have inappropriate or offensive BattleTags (as determinable in Blizzard’s sole discretion), or who are otherwise violating any terms and conditions applicable to maintaining a Blizzard Battle.net Account or Diablo IV game license in good standing. Winners waive all rights of approval over the use of their BattleTags by Blizzard and Blizzard’s licensees. This Offer is not transferable. Except where prohibited by applicable law, this Offer is offered “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). Those who claim the Offer are solely responsible for remittance to the relevant taxing authorities any taxes owed in connection with this Offer save for any tax which is required to be paid by Blizzard under the applicable laws.
PUBLICITY: As a condition of claiming the Offer, you grant to Blizzard a perpetual, non-exclusive, royalty-free, worldwide license and right to utilize the entry materials submitted to Blizzard in connection with this Offer, as well as the participant’s BattleTag (“Participant Materials”) for any publicity, advertising and promotional purposes without additional compensation, except where prohibited by law, and releases Blizzard from any liability with respect thereto. Without limiting the generality of the foregoing, Blizzard 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 Blizzard. Participant further agrees to take, at Blizzard’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Blizzard to effect, perfect or confirm Blizzard’s rights as set forth above in this section.
BLIZZARD’S RIGHTS : Blizzard reserve the right at any time, in their absolute discretion, to:
· verify the eligibility of any individual who attempts to claim the Offer (including their age and place of residence);
· disqualify any individual found to be abusing or tampering with the operation of the Offer or entering using fraudulent means, or who Blizzard believes to have acted in breach of these Terms & Conditions; and
Blizzard reserves the right to extend, withdraw, alter, suspend, or terminate this Offer or these Terms & Conditions 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 Offer and which could not be avoided by appropriate means) make this unavoidable.
PART B: TERMS APPLICABLE TO RESIDENTS OF THE U.S. AND CANADA
The following terms apply only to those participants who are residents of the United States and Canada:
CONDITIONS OF PARTICIPATION: Participants agree that Blizzard 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, or participation in this Offer or any Offer-related activity, or for any printing, production, typographical, human or other error in the distribution, offering, or announcement related to the Offer.
LIMITATIONS ON LIABILITY: Blizzard is 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 Offer; 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 Offer or website, as solely determined by Blizzard, will be disqualified (and all associated entries will be void), and Blizzard reserve the right to terminate such participant’s eligibility to participate in this or any other Offer offered by Blizzard. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Blizzard Entities are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Offer or downloading materials from a Promotion-related website. Should any portion of this Offer be, in Blizzard’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of Blizzard, corrupt or impair the administration, security, or operation of this Offer, Blizzard reserve the right at their sole discretion to suspend or terminate this Offer.
IN NO EVENT WILL BLIZZARD BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS OFFER, OR YOUR ACCESS TO AND USE OF ANY WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE ASSOCIATED WITH THIS OFFER. WITHOUT LIMITING THE FOREGOING, THIS OFFER AND ALL ASSOCIATED MATERIALS ARE 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.
ARBITRATION : Any dispute whatsoever relating to this Offer 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.
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 Offer 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 this Offer and all aspects related thereto.
PART C: TERMS APPLICABLE TO NON-US RESIDENTS
The following terms apply only to those participants who are residents of the eligible countries outside of the United States or Canada:
LIABILITY: By participating in this Offer you accept the characteristics and limitations of the media used, such as telephone networks or internet and its risk and effect of interruptions and more in general the risks that are inherent to communication through internet, such as limited data protection, malware and viruses. It is the responsibility of Participants to take all foreseeable and reasonable measures to protect his or her computer or mobile device and its content. Participating in this Offer is at the sole responsibility of the participant and, except as expressly stated in these Terms & Conditions, Blizzard will not be liable for any problems or malfunctions related to the technical tools, computers, telephone lines, transmission systems, internet connections, which could prevent the participant from participating in this Offer in accordance with these Terms & Conditions. The participant is solely responsible for the use and control of its own devices and email box. Proof of sending will not be deemed to be proof of delivery.
To the extent permitted by applicable law, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrant be permitted to obtain attorneys’ fees or other legal costs; no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Blizzard and its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law in any relevant jurisdiction for any direct or indirect injury, loss and/or damage arising in any way out of this Offer. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this Offer and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Offer as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorized access or third party interference; and/or (iii) lost or damaged communications. Without limiting the foregoing, everything on the competition 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 Special Damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you.
The following provision will not apply to you if you are resident in Germany. If Blizzard fail to comply with these Terms & Conditions, Blizzard are responsible for loss or damage you suffer that is a foreseeable result of Blizzard’s breach of these terms and conditions or its negligence, but are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Blizzard’s breach or if they were contemplated by you and Blizzard at the time that you entered this Offer. Blizzard will not be responsible for damages which do not directly flow from a breach by Blizzard of one of their obligations. Any further liability for damages is excluded; however, you may have rights under consumer protection laws that also apply. These Terms & Conditions are not intended to limit, modify or restrict your rights under consumer protection laws in any way. The following provision will apply to you if you are resident in Germany. Blizzard will have unlimited liability in the case of intent or gross negligence as well as with the existence of a guarantee granted by Blizzard itself for damages incurred by Participants in connection with this Offer. In cases of slight negligence, Blizzard also has unlimited liability in the event of loss of life, bodily injury or impairment of health. In the event of a slightly negligent breach of essential contractual obligations Blizzard’s liability is limited to the resultant property damage and financial loss in the amount of the foreseeable, typically occurring damage. An essential obligation is an obligation that must be satisfied in order to execute the organization of this Offer properly and upon the compliance with which these terms and conditions regularly does and is entitled to rely on. Any further liability for damages is excluded.
LAW AND JURISDICTION: This Offer and these Terms & Conditions, and any dispute or claim arising out of or in connection with them, are governed by English law. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including the clause above, affects your rights as a consumer to rely on such mandatory provisions of local law. Any dispute or claim arising out of or in connection with this Offer or these Terms & Conditions shall be subject to the non-exclusive jurisdiction of the courts of England. If you are a consumer resident in another country, you may also bring proceedings in your local courts.