Except as set forth in Section 4 of Activision’s Terms, which apply to your participation in the Program, (Binding Arbitration and Class Action Waiver), Activision reserves the right, at its sole and absolute discretion, to make any non-material change, modification, addition or deletion to any of the terms and conditions of the Program Terms at any time without giving prior notice to you. Except as provided in Section 4 of the Activision Terms, Activision may make any material change, modification, addition or deletion to any of the Program Terms by any means, including, without limitation, by posting a notification on any Program website, by email, through a patch process, pop-up screen or notice. Your continued participation in the Program following any revision to the Program Terms constitutes your acceptance of any such changes. Where we change the Program Terms, a copy of the revised Program Terms will be available on the Program website. Additionally, you may be asked to affirmatively accept updates to these Program Terms from time to time. Note that if you do not indicate your acceptance when requested, your participation in the Program may be terminated. If you do not wish to accept a change to the Agreement, please stop participating in the Program and contact Activision for instructions regarding closure of your account.
1.1 This Program enables Program participants to receive rewards (“Cool Stuff”) by taking part in certain activities on Activision’s 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. Cool Stuff may include, at Activision’s sole discretion, virtual goods, exclusive content, and physical goods. Any activities you take part in prior to registration in the Program or outside of the Program’s parameters (for example, answering a question outside of Activision’s web forums) do not qualify toward receiving Cool Stuff. Activision reserves the right to (a) create additional ways to receive Cool Stuff, (b) change or remove any ways to receive Cool Stuff, (c) establish expiration dates to receive Cool Stuff, (d) limit the amount of Cool Stuff that may be collected, (e) revoke or rescind Cool Stuff, or (f) subject to applicable laws, offer select groups of Program participants opportunities to collect other, additional, or bonus Cool Stuff without making the same offer available to other Program participants.
1.2 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 suspend or discontinue the Program or the provision of Cool Stuff at any time. Cool Stuff awarded as virtual goods or exclusive content cannot be sold or transferred to any other Program participant, person, or entity. Transferred Cool Stuff awarded as virtual goods are void.
1.3 Activities do not count toward receiving or redeeming Cool Stuff unless performed in accordance with Program rules and requirements as established (and as modified from time to time) by Activision, and Program participants shall not attempt to receive Cool Stuff by any automated means (including without limitation, by using any script, bot, or other automated means) or by Cheating, as defined in Section 5.1 of these Program Terms. Fraud or abuse relating to receiving or redeeming Cool Stuff will result in forfeiture of progress toward receiving Cool Stuff, and 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.
1.4 Activision's interpretation of Program rules and requirements, including any determination of the Cool Stuff to be collected by any Program participant hereunder, shall be final and binding.
In order to participate in the Program and be eligible to collect and redeem Cool Stuff, 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, or otherwise have reached the age of majority in your place of residence at the time you register to participate in the Program.
2.2 Participating Countries: You are a legal resident of, and participating in the Program from a computer located in, the United States of America (including Washington, D.C. but excluding Puerto Rico and other territories or protectorates), Canada (except Quebec), the United Kingdom, or Australia. Additional territorial restrictions may apply for some Program activities – such details will be available on the Program website, as appropriate.
2.3 Accounts: You have a valid and active account with Activision.com, CallofDuty.com, or any other forum 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.
2.5 Verification: You comply with Activision’s requests to verify your information, see, for example, Section 4.2 below. Activision reserves the right (but has no obligation) to verify the email address and other information provided to Activision by the Participant at any time and from time to time.
2.6 Eligibility for the Ambassador Program: Participants in the Aces Program may become eligible to participate in the Ambassador Program, provided such participant is in compliance with the Terms and has met the criteria, ranking system, or other eligibility requirements, set out by Activision from time to time in its sole discretion on the Activision Aces Events Calendar Page, or such other page designated by Activision in its sole discretion.
2.7 Ambassador Good Standing: You maintain a status of being an Ambassador in good standing throughout your participation in the Ambassador Program. To be considered an Ambassador in good standing, in addition to complying with all Terms, you must (1) remain an active participant in the Ambassador Program, as determined by Activision in its sole discretion, (2) have no reports or bans in Call of Duty, and (3) maintain a customer satisfaction score of five (5) or higher out of ten (10) on all channels.
2.8.1 Directors, officers, and employees of, and independent contractors for Activision, its parent, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, and 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.
2.8.2 Participation in this Program pursuant to the Program 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 or claim Cool Stuff.
2.8.3 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, and any of its 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; (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. Please see Section 10 “Disclaimer of Warranties and Limitation of Liability” below.
4.1 The Cool Stuff set out at the Activision Aces Events Calendar Page, any of which may be changed or eliminated in Activision’s sole discretion at any time, without notice, may be claimed by qualifying Participants in exchange for performing tasks, meeting criteria, or other methods announced through the program for such Cool Stuff. Cool Stuff is subject to availability and Activision’s discretion; if you request Cool Stuff, but it is no longer available for any reason, Activision, in its sole discretion, may provide substitute Cool Stuff. Cool Stuff, the requirements for receiving 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 without notice to you. You may be required to pay shipping and handling fees to redeem Cool Stuff. This means that performing tasks or meeting goals to be eligible to collect Cool Stuff does not entitle Program participants to any vested rights with respect to such Cool Stuff. In performing tasks or meeting goals, Participants may not rely upon the continued availability of any Cool Stuff. 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 Program Terms and the Code of Conduct, including proof of identity, age and citizenship or residency, including, if requested, by executing and delivering to Activision a signed affidavit of eligibility and acceptance of these Program Terms. 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 or 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 Virtual goods or exclusive content awarded as Cool Stuff are not transferable.
4.5 Once delivered, Activision is not responsible for, and will not replace, any lost or stolen Cool Stuff.
4.6 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). To the maximum extent permitted by applicable law, Activision and its parent, subsidiaries, licensors or affiliates and their officers, employees and agents shall not be liable for any damage, injury, loss, consequential or otherwise, caused by your participation in the Program or any Cool Stuff.
4.7 For Participants in Australia: Certain non-excludable terms, conditions and warranties under consumer protection laws, including the Competition and Consumer Act 2010 (Cth) (the “Act”), may apply to Cool Stuff for the benefit of consumers (as defined in the Act). Nothing in these Program Terms excludes, restricts or modifies any liability, right or remedy imposed or conferred by such laws. 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). To the maximum extent permitted by applicable law, Activision and its parent, subsidiaries, licensors or affiliates and their officers, employees and agents shall not be liable for any damage, injury, loss, consequential or otherwise, caused by your participation in the Program or any Cool Stuff. To the extent that Activision cannot exclude liability for Cool Stuff, Activision’s liability is limited (at its option) to replacing or supplying the Cool Stuff again.
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. To the extent Cool Stuff includes physical goods, Cool Stuff will be shipped within the participating countries listed in Section 2.2 above, subject to the territorial restrictions noted therein. Cool Stuff is not refundable, exchangeable, replaceable, redeemable or transferable for cash or credit under any circumstances. Any 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 in the Program and/or forfeiture of any eligibility to receive Cool Stuff, in addition to Activision seeking any and all remedies available under the law.
4.10 Cool Stuff that includes virtual goods or exclusive content in a particular Activision product or service is subject to the same terms and conditions for all virtual goods and content available in that product or service.
4.11 Physical goods awarded as Cool Stuff are shipped from the United States. You are responsible for all sales or use taxes, excise taxes, duties, customs, brokerage fees, import or export fees and any other taxes, fees or charges of any nature applicable to your receipt of Cool Stuff. Not all Cool Stuff may be available in all jurisdictions.
4.12 Each year Participants who have received Cool Stuff consisting of physical goods with a value over $600 U.S. Dollars, or the equivalent amount in local currency for Participants outside the United States, may be required to provide updated address and, where applicable, social security details to Activision. If required, these details will be used to allow Activision to comply with tax regulations and may be shared with appropriate tax authorities. You, not Activision, are responsible for filing and paying any applicable state, provincial, national, or federal taxes or social security contributions, including any personal income or other tax assessment, on any Cool Stuff received and for notifying Activision if you believe that any Cool Stuff should be subject to deductions at source. Activision does not provide tax advice, nor should any statements in these Terms be construed as tax advice. You are advised to check with your accountant or tax adviser for further information.
5.1 Activision may review Program activities and otherwise look for Cheating (defined below) or other violations of Program rules and regulations or these Program Terms. Any cheating, perceived cheating, including, but not limited to “win-trading,” account sharing, boosting, collusion, glitching, hacking, and griefing (collectively, “Cheating”), or other inappropriate conduct as described herein, in the Code of Conduct, in the Social Media Policy, or otherwise in the Terms, all as determined in Activision’s sole discretion, will result in forfeiture of Cool Stuff awarded as a virtual good or exclusive content, as well as termination of your registration and participation in the Program, at Activision’s sole discretion.
Activision, in its sole discretion, reserves the right to disqualify and remove any Participant at any time if: (i) in the case of the Ambassador Program, the Participant ceases to maintain a status of being an Ambassador in good standing; (ii) is involved in or commits any Cheating; (iii) tampers with the operation of the Program; (iv) engages in any conduct that is detrimental to Activision, the Program, or any other Participant; or (v) fails to observe the Terms or other Program rules. In the event that a Participant is disqualified, the Participant will no longer be eligible to receive Cool Stuff or participate in the Program, and Activision may cancel or refuse to honor any Cool Stuff that has been redeemed by or provided to the Participant. Virtual goods or exclusive content provided to such Participant through the Program will be forfeited. Note that if you are disqualified from the Program, you may also be disqualified from participating in Activision’s forums and/or any other actions as determined appropriate by Activision in its sole discretion.
To the fullest extent permitted by applicable law, by submitting any materials to Activision in connection with the Program, including images, videos, customer service submissions, idea submissions, suggestions, message postings, and other user-generated content (collectively, “Material” or “Materials”), you hereby automatically grant (or represent and warrant that the owner of such rights has expressly granted) Activision a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, communicate to the public, translate, sub-license, create derivative works from, perform in public and distribute such Materials or incorporate such Materials into any form, medium, or technology now known or later developed throughout the world, and agree that Activision shall be entitled to unrestricted use of the Materials for any purpose whatsoever, commercial or otherwise, without compensation, notice, or attribution. You waive and agree not to assert any moral or similar rights you may have in any of your Materials.
For Participants in Australia: You irrevocably and unconditionally consent, to the fullest extent permitted by law, to Activision and its successors, assigns and sub-licensees:
and agree that this consent is a genuine consent and has not been induced by duress or any false or misleading statement.
You represent and warrant any Material you submit (i) does not and will not violate or infringe a third party’s rights, including, without limitation, any privacy rights, moral rights, publicity rights, or intellectual property rights; and (ii) does not require the payment of any royalty or any consideration to a third party for its use. You are responsible and liable for any Materials you submit to Activision. You further represent and warrant any Material you submit does not and will not (i) contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous; (ii) disparage Activision; (iii) 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; (iv) contain material that is unlawful, in violation of, or contrary to, the laws or regulations in any jurisdiction where the Material is created; and (v) violate the Terms, including the Code of Conduct. Activision shall have sole discretion in determining whether such Materials comply with the conditions set out in this Section.
For Participants in Australia: Where Activision discloses your personal information to a recipient outside Australia, you agree that Activision will not be accountable for the recipient under the Privacy Act and you may not be able to seek redress under the Privacy Act.
9.1. WARRANTY DISCLAIMER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND COOL STUFF ARE PROVIDED "AS IS" AND ACTIVISION DOES NOT WARRANT THAT THE PROGRAM OR COOL STUFF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PROGRAM AND/OR COOL STUFF IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE PROGRAM AND/OR COOL STUFF WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACTIVISION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
FOR PARTICIPANTS IN AUSTRALIA: CERTAIN NON-EXCLUDABLE TERMS, CONDITIONS AND WARRANTIES UNDER CONSUMER PROTECTION LAWS, INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (CTH) (THE “ACT”), MAY APPLY TO COOL STUFF FOR THE BENEFIT OF CONSUMERS (AS DEFINED IN THE ACT). NOTHING IN THIS SECTION 10.1 EXCLUDES, RESTRICTS OR MODIFIES ANY LIABILITY, RIGHT OR REMEDY IMPOSED OR CONFERRED BY SUCH LAWS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND COOL STUFF ARE PROVIDED "AS IS" AND ACTIVISION DOES NOT WARRANT THAT THE PROGRAM OR COOL STUFF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PROGRAM AND/OR COOL STUFF IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE PROGRAM AND/OR COOL STUFF WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACTIVISION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
FOR CUSTOMERS IN EU AND OTHER COUNTRIES: THIS WARRANTY IS PROVIDED WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS AS A CONSUMER WHICH WILL ALWAYS PREVAIL. ACTIVISION WILL ONLY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF THE BREACH OF THIS AGREEMENT BY ACTIVISION OR ITS NEGLIGENCE. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW. THIS SECTION SHALL PREVAIL OVER ALL OTHER PARTS OF THIS AGREEMENT.
9.2. LIMITATION OF LIABILITY.
i. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ACTIVISION NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN CONTRACT, TORT, OR OTHERWISE, FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE PROGRAM AND/OR COOL STUFF INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL ACTIVISION BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, REMOTE, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FOR PARTICIPANTS IN AUSTRALIA: ii. ACTIVISION ACKNOWLEDGES THAT CERTAIN LAWS IMPLY TERMS, CONDITIONS OR WARRANTIES INTO CONTRACTS FOR THE SUPPLY OF GOODS OR SERVICES THAT CANNOT BE EXCLUDED. THIS SECTION 10.2 IS NOT INTENDED TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF SUCH LAWS.
iii. SUBJECT TO SECTION 10.2ii, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ACTIVISION NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE PROGRAM AND/OR COOL STUFF INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE, EXCEPT WHERE SUCH DAMAGE OR LOSS ARISES FROM THE NEGLIGENCE OR WILFUL MISCONDUCT OF ACTIVATION OR ITS AFFILIATES, OFFICERS, EMPLOYEES OR AGENTS. IN NO EVENT WILL ACTIVISION BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, REMOTE, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES.
iv. IN NO CASE SHALL ACTIVISION'S LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
v. IMPORTANT INFORMATION RELATING TO WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE PROGRAM AND/OR COOL STUFF AND IN WHICH CASE THE LIABILITY OF ACTIVISION AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
vi. Member States of the European Union and the United Kingdom: subject to Section 9, Activision shall be liable in accordance with statutory law in cases of its (a) intentional misconduct; (b) gross negligence; (c) breach of applicable Product Liability Acts. Without limiting the foregoing, Activision may only be liable for modest levels of negligence in cases of a breach of a "material" contractual obligation under the Agreement, the breach of which would jeopardize the purpose of the Agreement. In such circumstances, Activision's liability will be limited to typical and foreseeable damages: in other circumstances Activision shall not be liable for acts of modest negligence.
FOR INDIVIDUALS VALIDLY USING THE PROGRAM AND/OR ACQUIRING COOL STUFF FROM A MEMBER STATE OF THE EUROPEAN UNION NOTHING SHALL EXCLUDE ACTIVISION'S LIABILITY FOR DEATH OR PERSONAL INJURY AS A RESULT OF ITS NEGLIGENCE.
The Program and all accompanying materials are copyright © 2018, Activision Publishing, Inc., and its respective licensors. All rights are reserved.
Please see Section 16 of these Terms “Jurisdiction and Applicable Law,” Participants agree to be bound by these Program Terms and by Activision’s decisions, which shall be final and binding in all respects, subject to applicable law. If you have any questions about the Activision Terms or the Program, please write to "Activision Aces & Ambassador Program: Activision Publishing, Inc., 3100 Ocean Park Blvd., Santa Monica, CA 90405, United States.” 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 provisions 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. If any Cool Stuff consists of virtual goods or exclusive content, their use is governed by the terms applicable to all virtual goods or exclusive content available in the same Activision product or service.
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 group company.
Contests and Sweepstakes, if offered as part of the Program, will be subject to the official rules for such contests or sweepstakes and are void 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 contest or sweepstakes will be located at the Activision Aces Events Calendar Page, or such other page designated by Activision in its sole discretion, and will contain more information about the contest or sweepstakes, including entry mechanics, eligibility, prizes and Approximate Retail Value of each prize. A potential sweepstakes winner may be required to answer a mathematical skill-testing question before being able to claim a prize.
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 receiving Cool Stuff, Participant will not and should not expect to receive any form of compensation in exchange for the Participant’s participation in the Program. Participation in the Program does not and shall not create an employment relationship nor a worker relationship nor a partnership between the Participant and Activision.
14.1 Representation of Participation.
Program Participants should not misrepresent their participation in any way, including but not limited to: (i) presenting themselves as employees or agents 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, must expressly disclose Program participation.
Activision reserves the right to change, suspend, terminate, or update any part of the Program (including 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 without advance notice to you in the event of: (i) reasonable suspicion(s) or investigation(s) of allegation(s) of Cheating; (ii) failure by any Participant(s) to comply with the Terms; (iii) 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); (iv) a Participant no longer meets the requirements for participation in the Program; (v) Activision otherwise becomes (as determined in its sole discretion) incapable of running the Program as planned; or (vi) any legal requirement or direction. 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 eligibility to receive Cool Stuff is lost. In the event of termination, any Cool Stuff that has not been shipped or delivered to the Participant will be forfeited and the item may be canceled by Activision in its sole discretion.
If Activision in its sole discretion decides to suspend or cancel any Program element, Activision will endeavor to (but has no obligation 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 any and all 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.
A. For residents in the United States, Mexico or Canada, then you are contracting with Activision Publishing, Inc., 3100 Ocean Park Boulevard, Santa Monica, CA 90405-3032 and any claims arising out of these Program Terms (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) will be subject to the laws of the State of Delaware, without reference to conflict of laws principles. If any court or arbitrator determines that the "Class Action Waiver" paragraph set forth in Section 4 of Activision’s Terms is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you obtained or bought the Product that was subject to this Agreement. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER in Section 4 of Activision’s Terms and hereby incorporated by reference, or otherwise determined not to be arbitrable.
B. For residents in the United Kingdom or European Union, then you are contracting with Activision Blizzard International B.V., formerly known as Cooperatie Activision Blizzard International UA, of Stroombaan 16, 1181VX Amstelveen, Netherlands and the laws of England and Wales govern the interpretation of this Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the European Union country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you acquired and use the Product. In addition, with respect to jurisdiction, you may choose either the courts of the country (e.g., England & Wales, the French Republic, or the Federal Republic of Germany) in which you acquired and use the Product, or in the alternative the courts of England and Wales or other court as applicable under the Brussels Regulation EC 44/2001.
C. For residents in Australia or Japan, then you are contracting with Activision Blizzard International B.V. formerly known as Cooperatie Activision Blizzard International UA of Stroombaan 16, 1181VX, Amstelveen, Netherlands and the laws of the State of New South Wales, Australia govern the interpretation of this Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in which you acquired and use the Product (being either Australia or Japan). To the extent permitted by applicable law, you agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
D. For residents in the Rest of the World, if you acquired and use this Product from countries other than those listed in sections A, B and C above, then you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and you expressly indemnify and hold harmless Activision from any and all claims, loss, injury, damage, or costs arising from your use of the Product to the extent permitted by applicable law. No warranty or representation is made by Activision that the Product or any use of the Product outside of the countries listed in sections A, B and C above complies with any applicable local law. Further your use of the Product and all claims arising out of or related to the Product or this Agreement will, to the extent permitted under applicable law, be subject to the laws of England and Wales, without reference to conflict of laws principles and you consent to the jurisdiction of the courts of England and Wales.
To the fullest extent permitted by applicable law, if any user outside of the United States is entitled to commence and/or participate in legal proceedings within the United States, then that user agrees to be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions set forth in Section 4 of Activision’s Terms.