1.1 This Program enables Program participants to collect points by taking part in certain activities on Activision’s Call of Duty web forums (as well as other web forums Activision may specify from time to time), all as designated by Activision from time to time in its sole discretion. Participants may redeem points for specific cool items offered by Activision (“Cool Stuff”). Any activities you take part in prior to registration in the Program or outside of the Program’s parameters (for example, answering a question but not on Activision’s web forums) do not qualify for points. Activision reserves the right to (a) create additional ways to collect points, (b) change or remove any ways to collect points, (c) establish expiration dates for points, (d) limit the number of points collected or number of times points may be collected, (e) revoke or rescind points, or (f) offer select groups of Program participants opportunities to collect other, additional, or bonus points without making the same offer available to other Program participants.
1.2 Points have no real world or cash value and may only be redeemed on the designated Activision website (or as indicated by that website). The only purpose or use of the points is in exchange for Cool Stuff (if any) offered through the Program. Activision does not guarantee the nature or kind of Cool Stuff that will be offered, or that any Cool Stuff will be offered, and reserves the right to discontinue the Program at any time. Participants do not possess an ownership interest in any collected points, and points are not considered the property of Program participants. Points cannot be transferred to or redeemed through any other program, nor can points be redeemed by or sold or transferred to any other Program participant, person, or entity. Transferred points are void.
1.3 Points are not valid unless collected in accordance with Program rules and requirements as established (and changed) by Activision, and Program participants shall not attempt to collect points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable Program rules and requirements. Activision's interpretation of Program rules and requirements, including any determination of the number of points to be collected by any Program participant hereunder, shall be final and binding. Fraud or abuse relating to the collecting of points will result in forfeiture of collected points, as well as termination of a Program participant’s participation in the Program, at Activision's sole discretion. In addition, Activision reserves the right to take appropriate legal action.
In order to enter this Program and be eligible to collect and redeem points, you (“You,” “you,”“Participant,” or “participant”) must satisfy and confirm the following eligibility criteria:
2.1 Age: You are eighteen (18) years of age or older
2.2 Participating Countries: You are a citizen and resident of, and participating in the Program from a computer located in, the United States of America (including Washington DC but excluding Puerto Rico and its other territories or protectorates). Additional territorial restrictions may apply for some Program activities – such details will be available on the Program website.
2.3 Accounts: You have a valid and active account with Activision.com, CallofDuty.com, or other forums supported by Activision in good standing. Your account must be in good standing and the email address associated with the account must also be valid and in good standing. The Participant bears all costs of participating in this Program including, but not limited to, any internet connection fees. Only one account per Participant is permitted.
2.4 Valid Submissions: Participants will be limited to the number of Program submissions (“Submissions”) of a Participant during a certain period of time. See the “All Challenges” page on the Program website for more details. No bulk Submissions permitted.
2.5 Verification: Activision reserves the right to verify the email address and other information provided to Activision by Participant at any time and from time to time.
2.6.1 Directors, officers and employees of Activision, its parent, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies involved with this Program, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to participate in the Program in any way.
2.6.2 Participation in this Program pursuant to the Terms is not allowed for citizens/residents of any country other than those identified in Section 2.2; such persons cannot participate in the Program, collect points or claim Cool Stuff.
2.6.3 If you are barred by any applicable federal, state, provincial, local or regional law or regulation from participating in the Program, then you may not register or participate.
To the fullest extent permitted by applicable law, Activision, Cool Stuff suppliers, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Submissions; (b) telephone, electronic, hardware, software, network, Internet, console, computer or other related malfunctions, performance issues or failures (actual or alleged); (c) any Program disruptions, injuries, losses or damages caused by events beyond the control of Activision; or (d) any printing or typographical errors in any materials associated with the Program.
4.1 The Cool Stuff set out at the Activision Ambassador homepage, which may be changed or eliminated in Activision’s sole discretion at any time, may be claimed by qualifying Participants in exchange for the redemption of the applicable number of points associated with such Cool Stuff. Cool Stuff is subject to availability and Activision’s discretion; if Cool Stuff is requested, but no longer available for any reason, substitute Cool Stuff may be provided in Activision’s sole discretion. Cool Stuff, the number of points required to redeem Cool Stuff and the procedures for acquiring such Cool Stuff are set by Activision in its sole discretion and may be changed from time to time and at any time. This means that the collection of points does not entitle Program participants to any vested rights with respect to such points. In collecting points, Participants may not rely upon the continued availability of any Cool Stuff. All points redemptions are final and Cool Stuff may not be returned or exchanged.
4.2 In order to receive any Cool Stuff, a Participant may be required to verify and/or provide proof of Participant’s eligibility and compliance with these Terms and the Code of Conduct, including proof of identity, age and citizenship or residency, including, if requested, by executing and delivering to Actvisiona signed affidavit of eligibility and acceptance of these Terms and a further release of liability. Activision’s determination, in its sole discretion, as to whether Participant has provided suitable proof (including the form of proof) and other eligibility verification shall be final. Cool Stuff (if any) not claimed within thirty (30) days after delivery of notification of availability (where applicable) and/or returned as undeliverable is forfeited and may be disposed of at Activision’s discretion.
4.3 Cool Stuff may take four (4) to six (6) weeks to be delivered following redemption.
4.4 Cool Stuff is not transferable.
4.5 Activision will not replace any lost or stolen Cool Stuff.
4.6 Any depiction of Cool Stuff is for illustrative purposes only.
4.7 To the maximum extent permitted by applicable law, all Cool Stuff is awarded "AS IS" and WITHOUT CONDITION OR WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability, satisfactory quality or fitness for a particular purpose). Activision’s decisions regarding all aspects of the Program are final. To the maximum extent permitted by applicable law, Activision shall not be liable for any damage, injury, loss, consequential or otherwise, caused by participation in the Program.
4.8 Activision reserves the right to limit the quantity of Cool Stuff a Participant may claim.
4.9 Any Cool Stuff offers may have limitations based on duration, quantity, or location, and all Cool Stuff is subject to availability and any other terms and conditions supplied by the party responsible for providing the Cool Stuff. Additional terms and conditions may apply for particular Cool Stuff. Cool Stuff will be shipped within the United States only, and is not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, or points under any circumstances. Any points collected or Cool Stuff obtained through the Program may not be sold, exchanged, or otherwise monetized. Failure to comply with this provision may lead to termination of the Participant’s registration and/or forfeiture of any points collected, in addition to Activision seeking any and all remedies available under the law.
5.1 Activision may review Submissions, Program activities and otherwise look for Cheating (defined below) or other violations of Program rules and regulations or these Terms. Any cheating, perceived cheating, including, but not limited to “win-trading,” account sharing, boosting, collusion, glitching, hacking, griefing, and other inappropriate conduct described herein or in the Code of Conduct (collectively, “Cheating”), all as determined in Activision’s sole discretion, will result in forfeiture of collected points and Cool Stuff, as well as termination of your registration and participation in the Program, at Activision’s sole discretion.
Activision reserves the right in its sole discretion to disqualify and remove any Participant at any time for any reason, including but not limited to failure to observe the Terms or other Program rules. In the event that a Participant is disqualified, the Participant will no longer be eligible to collect points or redeem Cool Stuff (or participate in a Cool Stuff event previously redeemed) or participate in any Cool Stuff programs, and any points collected by such Participant will be forfeited. Cool Stuff provided to such Participant will be forfeited. Note that if you are disqualified from the Program, you may also be disqualified from participating in Activision’s forums.
You hereby warrant and represent that you participated in the Program by means of your own creation of Submissions and other materials such as user-generated content as specified in these Terms. Your Submission must not: (i) contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights; (ii) contain brand names or trademarks, other than (a) those of Activision, which you have a limited license to use for the sole purpose of creating and uploading your Submission, and/or (b) those that you own, which you agree to license to Activision on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have license to use and sub-license to Activision on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the Submission; (iii) contain footage, music, images, artwork, literary or other copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use and sub-license to Activision on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the Submission; (iv) contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; (v) disparage Activision; (vi) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or any other characteristic protected under applicable law; (vii) contain material that is unlawful, in violation of, or contrary to, the laws or regulations in any jurisdiction where the Submission is created; and (viii) violate these Terms or the Code of Conduct. Activision shall have sole discretion in determining whether or not a Submission does or does not comply with the conditions set out in this Section.
8. All materials submitted to Activision in connection with the Program, including any user-generated content (collectively, "Participant Materials"), along with all copyright, trademark and other proprietary rights associated therewith, are hereby irrevocably and free of charge assigned by you to Activision and become the property of Activision upon submission. Participant Materials will not be returned to any Participant. Without limiting the generality of the foregoing, and subject to this Section 8, you acknowledge that Activision will own all rights to use, modify, reproduce, publish, perform, display, 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. You agree to take, at Activision's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Activision to effect, perfect or confirm Activision's ownership rights as set forth above in this Section.
By entering the Program, you release to the fullest extent permissible by applicable law, Activision, Cool Stuff suppliers, fulfillment companies, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agents (collectively, the "Released Parties") from any liability whatsoever, including without limitation any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind, whether consequential or otherwise, arising out of or in connection with the Program (or your participation in it) or delivery, misdelivery, acceptance, possession, use of or inability to use any Cool Stuff (including without limitation claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under contract, statute, tort (including negligence), warranty or any other private or public law.
The Program and all accompanying materials are copyright © 2013, Activision Publishing, Inc., and its respective licensors. All rights are reserved.
The Program and the Terms are governed by and shall be interpreted under the substantive laws of the State of California (without regard to California’s choice or conflict of laws principles). Participants agree to be bound by these Program Terms and by the decisions of Activision, which are final and binding in all respects. If you have any questions about the Terms or the Program, please write to "Customer Support Gameification Program: Activision Publishing, Inc., 3100 Ocean Park Blvd., Santa Monica, CA 90405.” If any provision of these Program Terms is invalid, as applied to the particular facts of any situation, by any law, rule, order or regulation of any government, or by the final determination of any court or arbitrator of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid so long as those other provision can work effectively in the absence of the invalid provision, or the enforceability of the same provision as to any other situation. The Program and Cool Stuff are not available and are void where prohibited by federal, state, provincial, or local law or regulation, as applicable. If any Cool Stuff consists of gift cards, the acceptance and use of any gift card is subject to all additional terms and conditions imposed by the issuer of such gift card. Sweepstakes will be subject to additional official rules and are void where prohibited or restricted by law.
By participating in this Program, no obligation is created on the part of Activision to fulfill any duties or obligations (if any) which may arise in relation to any other program (related or otherwise) sponsored by any other Activision entity.
Sweepstakes (or similar contests), if offered as part of the Program, will be subject to additional official rules and are voice where prohibited or restricted by law. Further, as to any such sweepstakes, no purchase or payment of any kind is necessary to enter or win. A purchase will not increase your chances of winning; odds of winning depend on the number of eligible entries received. The official rules for the sweepstakes will be located at the Activision Ambassador Forums and will contain more information about the sweepstakes, including entry mechanics, eligibility, prizes and ARV.
Participation in the Program is a voluntary, recreational activity engaged in solely for the entertainment, enjoyment and personal purpose or pleasure of the Participant. Activision is not soliciting to engage or employ, nor offering to engage or employ the Participant. Participant is not required or permitted to provide and shall not provide any work or service to Activision. Activision shall receive no immediate or tangible benefit from Participant’s participation in the Program. Activision does not and shall not exercise any direction or control over Participant’s participation in the Program, including, without limitation, over the time, location, manner, method or frequency of such participation. Other than collecting points, which have no real world or cash value, Participant will not and should not expect to receive any form of compensation in exchange for his or her participation in the Program. Participation in the Program does not and shall not create an employment relationship between the Participant and Activision.
15.1 Representation of Participation.
Program Participants should not misrepresent their participation in any way, including but not limited to: (i) presenting themselves as employees of Activision; (ii) claiming confidential or insider knowledge of Activision properties as a result of participation in the Program; or (iii) divulging any such knowledge they may gain while part of the Program. Additionally, any Participant who endorses an Activision product, even if acting outside the scope of the Program, should disclose Program participation.
Activision reserves the right to change, suspend, terminate or update any part of the Program (including points and Cool Stuff) at any time, including to fix bugs or add/remove features as deemed appropriate by Activision, in its sole discretion. Activision reserves the right, in its sole discretion, to suspend or cancel the Program or any Participant's participation in the Program in the event of: (i) suspicion(s) or investigation(s) of allegations of cheating; (ii) viruses, bugs, human, technical or programming errors in Program operation or description (including without limitation descriptions of Cool Stuff or quantities), unauthorized intervention, or other causes beyond Activision's control that affect the administration, security or proper functioning of the Program (as determined in Activision’s sole discretion); or (iii) Activision otherwise becomes (as determined in its sole discretion) incapable of running the Program as planned. Upon any termination of the Program, all rights and obligations of the parties shall cease, and Participant shall immediately cease using the Program. Upon termination of the Participant’s registration for whatever reason, all points are lost regardless of how they were collected and are not redeemable for any good, service, or any other value, financial or otherwise. If Activision in its sole discretion decides to suspend or cancel any Program element, Activision will endeavor to notify Participants via one or more of the following: Activision’s community websites, social networks, and such other channels used by Activision from time to time. It is your responsibility to check these channels from time to time. Participants who violate these Program Terms, tamper with the operation of the Program or engage in any conduct that is detrimental or unfair to Activision, the Program or any other Participant (in each case as determined in Activision's sole discretion) are subject to disqualification from the Program and such other sanctions as determined in Activision’s sole discretion (including but not limited to being banned from Call of Duty or other Activision forums, and Participant acknowledges they shall have no right to any refund or compensation in the event of any such ban). Activision reserves the right to exclude persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to participate in the Program.