CALL OF DUTY® SHOP GIVEAWAY
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 UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED.
BY PARTICIPATING, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND YOU SHOULD READ THESE OFFICIAL RULES CAREFULLY.
- SPONSOR: Activision Publishing, Inc. a Delaware corporation located at 2701 Olympic Boulevard, Building B, Santa Monica, CA 90404 (referred to herein as “Activision”).
- THE CALL OF DUTY® SHOP GIVEAWAY CONTEST (referred to herein as the “CONTEST”), IS OPEN AND OFFERED ONLY TO THE INDIVIDUALS WHO ENTER BEFORE THE DEADLINE PROVIDED IN SECTION 3 BELOW WHO, AS OF THE DEADLINE: (A) ARE LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO AND OTHER U.S. TERRITORIES AND POSSESSIONS); (B) ARE EIGHTEEN YEARS OF AGE OR OLDER (EXCEPT RESIDENTS OF ALABAMA AND NEBRASKA, WHO MUST BE 19 YEARS OF AGE OR OLDER AND RESIDENTS OF MISSISSIPPI, WHO MUST BE 21 YEARS OF AGE OR OLDER) AS OF THE DATE OF ENTRY; (C) ARE NOT RESIDENTS OF a jurisdiction where this Contest is prohibited or OTHERWISE restricted by law; AND (D) NOT BE RESIDENTS OF a jurisdiction where this Contest is prohibited or OTHERWISE restricted by law (“ENTRANTS”). To be eligible to win a prize, entries must be completed and received by Activision in the format designated below. Directors, officers and employees of Activision, its parent, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families (parents, children, siblings, spouse) and household members (whether related or not) of each are not eligible to win any prizes. All applicable federal, state, provincial, and local laws apply. This Contest is void in Puerto Rico and other U.S territories and possessions, and where prohibited or restricted by law. By participating, Entrant agrees to this Official Rules and to the decisions of Activision, which are final and binding in all matters related to this Contest.
- Activision, all participating sponsors 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 entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any 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 Contest.
- Contest Period. The Contest shall commence on 8:01 AM Pacific Time (PT) December 19, 2022 and shall continue in duration until 11:59 PM PT on January 6, 2023 (the "Deadline"). All entries must be received by the Deadline to be eligible to win a prize.
- How to enter, and determination of Winners. To enter the Contest, Entrants are required to sign up to receive the Activision Call of Duty® Shop (“COD Shop”) Newsletter at the https://shop.callofduty.com/pages/call-of-duty-shop-sweepstakes prior to the Deadline. Entrants must follow the link provided in the preceding sentence and enter their email address for receipt of the COD Shop Newsletter.
Limit of one (1) entry per person/email/household during the Contest Period, regardless of number of submissions. 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 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.
- Ten (10) qualified entrants will be chosen by Activision to receive a Call of Duty® Black Task Force 141 Jersey T-Shirt, with an approximate retail value (“ARV”) of Thirty U.S. Dollars ($30.00 USD) each. Total ARV of prizes: Three Hundred U.S. Dollars ($300.00 USD).
- Drawing: One (1) random drawing will be held from among all eligible entries received during the Contest Period. Ten (10) winners will be selected. The random drawing will be conducted by Activision, whose decisions are final and binding on all matters relating to the Promotion.
- Winner Notification: Activision shall endeavor to notify the potential winners on January 10, 2022, by sending an email to the email address provided by Entrant upon entering the Contest by signing up for the COD Shop Newsletter to obtain the name, mailing address, and phone number of the potential winner for prize delivery, as well as the winner’s t-shirt size for the prize. Additionally, winners are subject to verification of the entrant’s eligibility and compliance with these Official Rules, by responding to the email from Activision with the potential winner’s proof of eligibility (i.e., age and place of residence). Winner notification not acknowledged by winner within seven (7) calendar days after outreach from Activision may be forfeited at Activision’s discretion and awarded to an alternate winner selected by Activision. Any prizes not claimed by alternates within seven (7) calendar days after outreach from Activision shall be considered forfeited and shall be discarded at the Activision’s sole discretion.
- Odds of Winning / Prize Award Terms. The odds of winning will depend on the total number of Entrants who submit entries for the Contest. ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE AS WELL AS ANY COSTS AND EXPENSES ASSOCIATED WITH ACCEPTANCE AND USE OF A PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Unclaimed prizes will remain un-awarded. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted. All prizes will be awarded. 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)
- Activision Use of Each Entrant, in consideration of their being allowed the opportunity to enter the Contest, hereby grant Activision a perpetual, non-exclusive, worldwide license and right to utilize the entry materials, or ‘Task Submissions,’ submitted to Activision in connection with the Contest (collectively, “Entry Materials”), as well as Entrant’s name, address (city, state, and country), character, likeness, prize information, statements about the Contest and biography, for any publicity, advertising and promotional purposes without additional compensation, except where prohibited by law, and releases the Released Parties (defined below) from any liability with respect thereto. The Entry Materials will not be returned to any Entrant. Without limiting the generality of the foregoing, Entrant acknowledge that Activision 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 Entry 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. Entrant further agrees 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 rights as set forth above in this paragraph.
- General By participating in this Contest, you release Activision, participating Activision licensors, any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies and Instagram (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (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 a theory of contract, tort (including negligence), warranty or other theory, any activity or travel related to the Contest or from any interaction with, or downloading of Contest information and any printing or typographical errors in any materials associated with the Contest. EVERYTHING PROVIDED IN CONNECTION WITH THE CONTEST IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES OR NON-INFRINGEMENT. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights, so the above exclusions and limitations may not apply in some cases. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
- 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, California 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 (as determined by the arbitrator) shall be reimbursed by the other party or parties. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Except as required by law, the parties agree to keep confidential the existence and details of any dispute subject to this provision, including the results of arbitration. The foregoing shall not be deemed to prohibit a party from disclosing relevant information to its legal, financial and other advisors in connection with any such dispute as long as such advisors agree to maintain the confidentiality thereof pursuant to this provision.
- Choice of Law: Any and all legal actions or claims arising in connection with this Promotion must be brought in a court of competent jurisdiction in the State of California, County of Los Angeles. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded 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 entrant 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) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California law, without reference to California choice of law rules, governs the Promotion and all aspects related thereto.
- Miscellaneous. No automated entry devices and/or programs are p All entries become the sole and exclusive property of the Activision and receipt of entries will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Activision. Activision is not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit Entrant’s ability to enter the Contest, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Activision reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any Entrant's participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Activision’s control affect the administration, security or proper play of the Contest or Activision otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Entrants who violate these Official Rules, tamper with the operation of the Contest, engage in any conduct that is detrimental or unfair to Activision, the Contest or any other Entrant (in each case as determined in Activision’s sole discretion), attempts to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices (including but not limited to the use of automated entry programs, the use of automated entry devices, the creation of multiple accounts, or by participating in, or benefiting from, a syndicate, group or block playing process or system), or intending to annoy, abuse, threaten or harass any other Entrants or Activision representatives are subject to disqualification from entry into the Contest. Activision reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest.
- To obtain a Winners List, send a request referencing the Call of Duty Shop Giveaway Contest “Winners List Request” to the following email address: firstname.lastname@example.org. Requests must be received no later than sixty (60) days following the conclusion of the Promotion Period.
- Contest Sponsor. The sponsor of this Contest is Activision Publishing,
- Copyright Notice. This Contest and all accompanying materials are ©2022 Activision Publishing, All rights reserved.