Diablo IV Portal to Gamescom Contest Rules

PC General Discussion
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OFFICIAL RULES

Diablo IV Portal to Gamescom Contest

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE ODDS OF WINNING DEPEND ON THE NUMBER AND QUALITY OF ENTRIES RECEIVED. BY PARTICIPATING IN THE DIABLO IV PORTAL TO GAMESCOM 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

Although Instagram’s terms of use apply to content on and use of Instagram (as applicable) related to this Promotion (as defined below), this Promotion (as defined below) is not offered, endorsed, sponsored or administered by, or associated with, Instagram.

This Promotion is also not offered, sponsored, endorsed, or administered by Gamescom and Koelnmesse GmbH. Koelnmesse GmbH’s name, logos, and/or the Gamescom name, logos and/or materials are used for purposes of promotion and/or prize description only and such use is not intended to suggest or imply Gamescom’s or Koelnmesse GmbH’s participation, sponsorship, or endorsement.

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

Start Date: July 18, 2024 at 11:30 AM Pacific Time (“PT”)

End Date: July 25, 2024 at 11:30 AM PT

Participants 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, Singapore, South Korea, Taiwan, and Thailand.

Europe, Middle East, & Africa: Algeria, Austria, Bahrain, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iraq, Ireland, Israel, 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, you (“Participant”) 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 Sponsors.

To be eligible to participate in this Promotion, you must also have an Instagram account in good standing and in compliance with any and all applicable Instagram terms and conditions. Instagram accounts are free of charge and can be obtained at https://www.instagram.com/accounts/emailsignup/.

4. HOW TO ENTER AND WIN: To enter the Promotion, eligible Participants must complete all of the following during the Promotion Period:

  • Create an original piece of work that is an artistic representation of a “Portal to Gamescom”, pursuant to the following criteria and restrictions:
    • The “Portal to Gamescom” submission can be created using any medium (e.g., in-game content from Diablo IV, drawings, paintings, do-it-yourself style portals created from physical materials, etc.), but must be submitted in accordance with subsection (C) of this Section 4 below as a photograph;
    • JUDGING CRITERIA (the “Criteria”):
      • Originality: The design must be unique, creative, original to artist and express a fully realized design idea.
      • Diablo IV Style: The design’s aesthetics must fit in well with Diablo IV.
      • Depth of Knowledge: Design must include references to Diablo IV such as characters, maps, weapons, and themes.
      • Attention to Detail: Examination of the level of detail and craftsmanship in the artwork, including intricacies in character design, backgrounds, and storytelling elements.
      • Emotional Impact: Evoke emotions or resonate with the viewer, such as excitement, suspense, or nostalgia.
    • The “Portal to Gamescom” submission must be Participant’s original work (with the exception of Sponsor-owned intellectual property, including the Diablo IV trademarks, logos, and characters, which Sponsor will permit for use solely in connection with this Promotion (the “Permitted Marks”)), which is made for entry into the Promotion and solely for the Promotion;
    • The “Portal to Gamescom” submission must not use third-party images, assets, trademarks, characters, or logos, or AI image creation algorithms or other generative AI tools;
    • The “Portal to Gamescom” submission may not infringe the copyright, trademark, or other rights of any third party; and
    • The “Portal to Gamescom” submission may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by the Sponsor or Administrator in their sole discretion; must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by Sponsor in its sole discretion; may not violate or encourage others to violate any applicable law, statute, ordinance or regulation; may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights, or involve physical harm to any person or animal; may not contain, as determined by Sponsor in its sole discretion, any content that is sexually explicit or suggestive, violent or derogatory, profane or pornographic, contains nudity; promotes alcohol, contains alcoholic beverages, illegal drugs, tobacco, firearms/weapons (or use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people or companies; contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, other than as outlined above; contains any personal identification; contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without requisite permission; contains look-alikes of celebrities or other public or private figures, living or dead; communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; may not contain verbal or visual mentions of commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those Permitted Marks; may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content; and, if found to be in violation of these Official Rules, at Sponsor’s sole and absolute discretion, will be disqualified.
  • Participant must create a post on Participant’s Instagram account, showing at least one (1) photograph and/or video of Participant’s “Portal to Gamescom” submission.
  • The Instagram post showing Participant’s “Portal to Gamescom” submission must include BOTH of the following hashtags: #DiabloContest and #PortalToGamescom.
  • The Instagram post showing Participant’s “Portal to Gamescom” submission must also tag @PlayDiablo on Instagram.
  • Participants are not required to “like” or follow Sponsor on any social media pages or to pay any entrance fee in order to participate in the Promotion or to be eligible for the Prizes, and any such action or payment will not increase or improve Participant’s chances of winning.

Your Instagram account must be set to public (not private) in order to successfully complete your submission via Instagram.

Participants who complete the foregoing tasks will receive one (1) entry into the Promotion.

Limit of one (1) entry per person/account/email/household to the Promotion during the Promotion Period, regardless of number of entries. Proof of Submission is not proof of receipt. Any attempt at e-mail or other method of entry is void. Any attempt by any person to obtain more than the stated number of entries by using multiple/different email or social media accounts, or any other methods including, without limitation, script, macro or any automated or other means which subverts the entry process, will void that person’s entry and that person will be disqualified. Entries must comply with Blizzard’s terms of use located at Legal – Blizzard Entertainment and shall not contain content that is unlawful or inconsistent with Sponsor, Diablo, or its brand image. Sponsor may disqualify any such entry at its sole discretion.

5. HOW TO OPT OUT: If you have opted into the Promotion and wish to opt out, please send an email to DiabloSweepstakes@blizzard.com with the subject line “Diablo IV Portal to Gamescom Contest Opt Out”, and include your Instagram handle so that your entry can be identified and removed.

6. WINNER SELECTION. Five (5) eligible Participants will be chosen by Sponsor’s Diablo IV Marketing team panel of judges based on the Criteria set forth above in Section 4(A)(ii), and subject to each entries compliance with the restrictions set forth in Section 4(A) and the terms of these Official Rules, to each receive one (1) Prize as detailed in Section 7 below.

7. PRIZES: Each of the five (5) winners will be awarded a “Portal to Gamescom” prize package consisting of the following (each prize package is referred to herein as a “Prize” and collectively, the “Prizes”):

  • Two (2) tickets to the 2024 Gamescom event in Cologne, Germany taking place from Thursday, August 22, 2024 through Sunday, August 25, 2024 (the “Event”) (approximate retail value (“ARV”) of each ticket is $130 USD, ARV $260 USD for two (2) tickets);
  • Two (2) round trip economy class plane tickets from the international airport closest to each winner’s place of residence to Cologne, Germany (maximum ARV of $4,000 USD total for two (2) tickets);
  • One (1) standard hotel room accommodating up to two (2) people for four (4) nights in Cologne, Germany nearby the Gamescom event location (ARV of $2,000 for four (4) nights); and
  • One (1) VISA gift card valued at Two Hundred Fifty Euros (€250) to be used for food and ground transportation (ARV $271 USD).

Total ARV of each Prize: $6,531 USD.

Total ARV of all Prizes: $32,655 USD.

Limit one (1) Prize per participant. A total of five (5) Prizes will be awarded from the Promotion. The Sponsor’s decision is final. No correspondence will be entered into. Winners will be contacted via direct message to Participant’s Instagram account to obtain potential winner’s contact information to arrange travel to and from Gamescom in Cologne, Germany. Winners will be notified within five (5) days of the conclusion of the Promotion. Winners must respond within forty-eight (48) hours of notification with all information requested in the notification message. Winners who do not respond with the forgoing within forty-eight (48) 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.

Travel must be round trip. Sponsor will determine airline, flight itinerary and hotel accommodations in its sole discretion. Winner and his/her guest must depart/return from the same major airport and travel on same itinerary. Travel is subject to the terms and conditions as set for in these Official Rules, and those set forth by Sponsor’s airline carrier of choice detailed in the passenger ticket contract. Winner and guest are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or other forms of insurance. Winner and guest are solely responsible for obtaining any identification documents necessary for domestic travel. Each winner and their guest are responsible for obtaining all required travel documents prior to travel and must have no impediment to entering the Destination City. Trip does not include taxes, meals, tips, gratuities, service charges, hotel room service, laundry service, alcoholic beverages, merchandise, souvenirs, local and long distance telephone calls, airport charges, or any other service or item not specifically described above. The Prize/trip is not redeemable for cash. Actual retail value of prize may vary depending on location of winner’s residence and may fluctuate due to market conditions, changes in value of components, (e.g. air transportation and hotel rates) and other reasons. If winner lives within two hundred fifty (250) miles of the host city of the Gamescom Event, Sponsor will substitute air transportation with ground transportation between winner’s residence and hotel to the Event host city, and the difference in value will not be awarded. No cash equivalents, substitutions or transfer of prize permitted except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that an offered prize is unavailable. In the event any scheduled event associated with the prize and/or any other component of the prize is cancelled, delayed, or postponed for any reason outside the control of the Sponsor, Sponsor will have no further obligation, other than to award the remainder of the Prize. Prize winner’s guest must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian, who must be the prize winner. Prize winner and his/her guest agree to comply with all applicable venue regulations in connection with the prize. Sponsor and the applicable venue entities reserve the right to remove or to deny entry to any winner and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Event. Promotion Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of the event associated with a prize in this Sweepstakes.

Winners may be required to provide personal information related to other individuals in order to arrange travel or accommodation – in such cases, by providing such personal information, winners warrant and represent that they have the permission of the named individual whose details are provided to share such information with Blizzard, in accordance with the Blizzard Privacy Policy, accessible at Legal – Blizzard Entertainment.

A list of winners may be obtained by sending an email to DiabloSweepstakes@Blizzard.com and including a reference to the “Diablo IV Portal to Gamescom Contest”. 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 Portal to Gamescom Contest”.

8. 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.

9. SPONSORS’ OWNERSHIP OF ENTRIES: You hereby agree that in consideration of your being allowed the chance to enter the Promotion and for Sponsor to consider you as a possible winner of this Promotion, you hereby agree that all materials that you submit to Blizzard Entertainment, Inc., including, but not limited to, any artwork, computer code, graphic designs, design concepts, as well as any form of ‘original work of authorship’ which you create and submit to Sponsor to enter this Promotion, shall become the sole and exclusive property of Sponsor. Note that this assignment of your ownership rights includes any “moral rights” that you may have otherwise had in the submission. Where such moral rights cannot be assigned, you agree to waive any claim based on moral rights and not to institute, or take part in, any action to enforce relevant moral rights in such materials. If for any reason the ownership rights cannot be transferred to Blizzard Entertainment, Inc., You further acknowledge and agree that you hereby grant to Blizzard Entertainment, Inc. a perpetual, irrevocable, sublicensable, and royalty-free license for any use of all materials that you submit to Blizzard Entertainment, Inc. and that you will not assert against Blizzard Entertainment, Inc. or its sublicensee and fully waive, any claim based on alleged copying, infringement, moral rights, confidential relationship, express or implied contract, unfair competition, or for any other reason whatsoever arising out of any use by Blizzard Entertainment, Inc. or its sublicensee.

10. 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 Instagram handle/account name (“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.

11. 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.

12. SPONSORS’ RIGHTS: Sponsors 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 AND CANADA RESIDENT PARTICIPANTS

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

13. CONDITIONS OF PARTICIPATION: Participants agree that Sponsor, Instagram, Gamescom, and Koelnmesse GmbH 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.

14. LIMITATIONS ON LIABILITY: Sponsor, Instagram, Gamescom, and Koelnmesse GmbH re 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.

15. IN NO EVENT WILL SPONSOR, INSTAGRAM, GAMESCOM, AND KOELNMESSE GMBH 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.

16. 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.

17. 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 and Canada listed in Section 3:

18. 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.

19. 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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