Diablo IV Leaderboard Legends Contest - Official Rules

OFFICIAL RULES

Diablo IV Leaderboard Legends Contest

BY PARTICIPATING IN THE DIABLO IV LEADERBOARD LEGENDS CONTEST (THE “PROMOTION”), YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. YOU SHOULD READ THESE OFFICIAL RULES CAREFULLY. THESE RULES ARE COMPRISED OF PART A (WHICH APPLIES TO ALL PARTICIPANTS), PART B (WHICH APPLIES ONLY TO PARTICIPANTS WHO RESIDE IN THE UNITED STATES) AND PART C (WHICH APPLIES TO ALL NON-US RESIDENT PARTICIPANTS). 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.

PART A: TERMS APPLICABLE TO ALL PARTICIPANTS

  1. CO-SPONSORS: The co-sponsors (or promoters) of this Promotion are (collectively, “Sponsor”):

Blizzard Entertainment, Inc., One Blizzard Way, Irvine, CA 92618

Activision Blizzard UK Ltd., The Ampersand Building, 178 Wardour Street, London W1F 8FY, United Kingdom

Activision Blizzard Pty Ltd., Wharf 10 – Suite 2 / Level 2, 50-52 Pirrama Road, Pyrmont NSW 2009, Australia

  1. PROMOTION TERM: The Promotion will take place during the following time period (the “Promotional Period”):

Start Date: March 19, 2024 at 10:00 AM PT

End Date: April 2, 2024 at 8:00 AM PT

Entrants shall be solely responsible for confirming the equivalent start and end dates and times in their relevant jurisdiction. Entries submitted after this time will not be considered.

3. ELIGIBILITY: The Promotion is only open and offered to people who are over the age of 18, or the age of majority in the relevant jurisdiction, whichever is older, and are legal residents of one or more of the following regions:

Americas: Argentina, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Paraguay, Peru, Puerto Rico, United States of America, Uruguay, and Venezuela.

Asia-Pacific: Australia, Indonesia, Hong Kong, India, Japan, Macau, Malaysia, New Zealand, The Philippines, Singapore, South Korea, Taiwan, Thailand, and Vietnam.

Europe, Middle East, & Africa: Algeria, Austria, Bahrain, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iraq, Ireland, Israel, Italy, Jordan, Kazakhstan, Kuwait, Latvia, Lebanon, Libya, Lithuania, Luxembourg, Malta, Morocco, Netherlands, Norway, Oman, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Kingdom of Saudi Arabia, South Africa, Spain, State of Qatar, Sweden, Switzerland, Tunisia, Turkey, Ukraine, United Arab Emirates, and the United Kingdom.

Participants may only participate in the Promotion so long as their participation and receipt 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 and Sponsors shall have the right to disqualify any entrant if it reasonably believes that such individual has entered from a territory in which participation is or becomes illegal or in which regulatory action is threatened or taken by any relevant regulator. 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 14 or 17 (as applicable). Any entry which does not comply with the rules may be deemed invalid at the sole discretion of Sponsor.

To be eligible to participate in this Promotion, you must also (i) own a valid Diablo IV game license on any platform which Diablo IV is available on, and (ii) maintain a Blizzard Battle.net Account in good standing in compliance with all applicable terms and conditions.

4. HOW TO ENTER AND WIN: To enter the Promotion, eligible participants must (i) log in to their Blizzard Battle.net account in Diablo IV during the Promotional Period and opt into the Promotion via the in-game prompt; and (iii) complete at least one (1) Gauntlet Dungeon in Diablo IV. To win the Promotion, you must finish at the top of the in-game Trials Leaderboard in either the Solo Barbarian Ladder, Solo Necromancer Ladder, Solo Sorcerer Ladder, Solo Rogue Ladder, Solo Druid Ladder, Party of 2 Ladder, Party of 3 Ladder, Party of 4 Ladder, Hardcore Solo Barbarian Ladder, Hardcore Solo Necromancer Ladder, Hardcore Solo Sorcerer Ladder, Hardcore Solo Rogue Ladder, Hardcore Solo Druid Ladder, Hardcore Party of 2 Ladder, Hardcore Party of 3 Ladder, or Hardcore Party of 4 Ladder categories at the end of any of the following Trials Leaderboard weeks:

Trials Leaderboard Week 1: March 19, 2024 at 10:00 AM PT – March 26, 2024 at 8:00 AM PT

Trials Leaderboard Week 2: March 26, 2024 at 10:00 AM PT – April 2, 2024 at 8:00 AM PT

Each participant may only win once during the Promotional Period. If one or more participants have already won a Prize in any Ladder category during any week, the next highest ranked participant(s) in the applicable Ladder category will be declared a winner. Any ties or other Ladder rank disputes will be decided at Blizzard’s sole discretion.

5. HOW TO OPT OUT: If you have opted into the promotion and wish to opt out, please send an email from the email address associated with your Blizzard Battle.net account to DiabloSweepstakes@blizzard.com with the subject line “Diablo IV Leaderboard Legends Contest Opt Out”.

6. PRIZES: Each winner will be awarded one (1) original customized and signed Diablo-
themed art print with an approximate retail value of Fifty-Four US Dollars and Ninety-Nine Cents (USD $54.99) (“Prize(s)”). Limit one (1) Prize per participant. A total of fifty-six (56) Prizes will be awarded from the Promotion. The Sponsor’s decision is final. No correspondence will be entered into. Winners will be contacted via the email address associated with the Blizzard Battle.net Account used to enter the Promotion. Winners will be notified within thirty (30) days of the conclusion of the Promotion. Winners must respond within seventy-two (72) hours of notification with all shipping information requested in the notification email. Winners who do not respond with the forgoing within seventy-two (72) hours of notification will forfeit their Prize, and another winner will be chosen in their place. If proof of eligibility is requested, and if satisfactory proof of eligibility is not received, Sponsor reserves the right to choose another winner. A list of winners may be viewed in-game in Diablo IV at the end of each Trials Leaderboard week. Additionally, a list of winners can be obtained by writing to Activision Blizzard UK Ltd., The Ampersand Building, 178 Wardour Street, London W1F 8FY, United Kingdom OR any of the named Sponsors at the addresses set out in Section 1 including reference to the “Diablo IV Leaderboard Legends Contest”.

7. PRIZE RESTRICTIONS: There are no alternatives to these prizes. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any Prize. Except where prohibited by applicable law, all 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 the Prize save for any tax which is required to be paid by Sponsor under the applicable laws.

8. PUBLICITY: Except where prohibited by the applicable law, as a condition of receiving any Prize, you grant to Blizzard a perpetual, non-exclusive, royalty-free, worldwide license and right to utilize your BattleTag and other identifiable information that is public in your in-game Diablo IV profile (“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, and to the extent you are not permitted to waive moral rights by law, you hereby permit Sponsor (or any successor or transferee thereof) at any time to modify or to change the Participant Materials or to accompany the Participant Materials with any illustrations, prefaces, after-words, comments and other materials and you confirm that such amendments, changes or accompaniment will not cause harm to you honor or reputation and do not constitute a distortion or mutilation of the Participant Materials. You acknowledge and understand that moral rights include the right of an author to be known as the author of a work; to prevent others from being named as the author of the works; to prevent others from falsely attributing to an author the authorship of a work which the author has not in fact created; to prevent others from making deforming changes in an author’s work; to withdraw a published work from distribution if it no longer represents the views of the author; and to prevent others from using the work or the author’s name in such a way as to reflect on the author’s professional standing. 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.

9. PRIVACY: By participating in 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 in order to organize, run, and monitor the Promotion as well as for carrying out publicity activities on it. Participants confirm that they have acknowledged the Privacy Policy applicable to their country of residence. Participants hereby consent to personal information being transferred to the United States of America for the purpose of this Promotion in accordance with the Privacy Policy. 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. Please note that if you withdraw your personal information prior to the determination of the winners or fulfilment of the Prizes, Sponsor will not be able to include you in the Promotion and, should you win, provide the Prizes to you.

10. 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 competing in the Promotion using fraudulent means, or who the Sponsors believes to have acted in breach of these Official Rules or the applicable Blizzard End User License Agreement, which is accessible at Legal – Blizzard Entertainment; 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.

PART B: TERMS APPLICABLE TO US RESIDENT PARTICIPANTS

The following terms apply only to those participants who are residents of the United States and Canada:

11. CONDITIONS OF PARTICIPATION: Participants agree that Sponsor 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 the 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.

12. LIMITATIONS ON LIABILITY: Sponsor 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 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 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.

13. IN NO EVENT WILL SPONSOR 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.

14. 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.

15. 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.

PART C: TERMS APPLICABLE TO NON-US RESIDENTS

The following terms apply only to those participants who are resident in one of the eligible countries outside of the United States listed in Section 3:

16. LIABILITY: By participating in the Promotion 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 the Promotion is at the sole responsibility of the participant and, except as expressly stated in these Official Rules, Sponsors 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 the Promotion or accepting any Prize in accordance with these Official Rules. 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. The Sponsor 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 the Promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this Promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorized access or third party interference; (iii) lost or damaged entries, prize claims or prizes; and/or (iv) acceptance and/or use of any prize. 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 the Sponsors fail to comply with these Official Rules, the Sponsors are responsible for loss or damage you suffer that is a foreseeable result of the Sponsors’ 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 the Sponsors’ breach or if they were contemplated by you and the Sponsors at the time that you entered the Promotion. Sponsors will not be responsible for damages which do not directly flow from a breach by the Sponsors 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 Official Rules 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. The Sponsors will have unlimited liability in the case of intent or gross negligence as well as with the existence of a guarantee granted by the Sponsors themselves for damages incurred by Participants in connection with the Promotion. In cases of slight negligence, the Sponsors also have 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 the Sponsors’ 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 the Promotion 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.

17. LAW AND JURISDICTION: The Promotion and these Official Rules, 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 the Promotion or these Official Rules 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.

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