NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE PROMOTION OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED.
1. PROMOTION TERM AND DEADLINES: The “Earn Your Stripes Promotion” (the “Promotion”) begins October 25, 2019 at 9:00am Pacific Daylight Time (“PDT”) and ends November 1, 2019 at 11:59pm PDT (the “Promotion Period”). All entries received after the end of the Promotion Period will be ineligible for the chance to win a Prize.
2. ELIGIBILITY: The Promotion is open and offered only to legal residents of the following countries: United States (excluding residents of: New York, Florida, and Rhode Island) and the District of Columbia (including Puerto Rico and other U.S. territories and possessions); and Canada (excluding the province of Quebec) (collectively, “North America”); and Austria; and the United Kingdom; France; Germany; Spain; Norway; Finland; Denmark; Switzerland, and Saudi Arabia (collectively, “EMEA”), who are 18 years of age or older or the age of majority in their jurisdiction, whichever is greater, at the time of entry. Promotion is void where prohibited or restricted by law. Employees, officers and directors of Activision Publishing, Inc. (“Sponsor”) and each of their respective parents, affiliated companies and subsidiary companies, and their advertising, promotion, or production agencies, prize providers, webmasters and web suppliers, and each of their respective officers, directors, employees, representatives and agents (collectively, with Sponsor, the “Promotion Entities”), and their IRS 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 (“Entrant”) agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to this Promotion.
3. HOW TO ENTER: There are two (2) methods of entry into this Promotion.
• PURCHASE REQUIRED METHOD OF ENTRY. To enter this Promotion via the Purchase Required Method of Entry, visit: https://www.callofduty.com/adidas from October 21, 2019 at 9:00am PDT to November 1, 2019 at 11:59pm PDT and follow the onscreen instructions to register for the Promotion, and during the Promotion Period, log into your Sony Entertainment Network Account, or Xbox Live Account, or BattleNet Account and while logged into the applicable account reach Officer Rank (level 56) in Call of Duty: Modern Warfare to obtain one (1) entry into the Promotion. Purchase of Call of Duty: Modern Warfare, internet access, a Sony Entertainment Network Account (free service, registration required), or Xbox Live Account (free service, registration required); or BattleNet Account (free service, registration required) are required to enter the Promotion via the Purchase Required Method of Entry. A purchase is not required to enter this Promotion and does not enhance an Entrant’s chance of winning a Prize.
• NO PURCHASE NECESSARY METHOD OF ENTRY. To enter this Promotion via the No Purchase Necessary Method of Entry, during the Promotion Period, mail a 3” x 5” with you first name, last name, home address, and email address to: Call of Duty: Modern Warfare adidas Promotion Entry, c/o Activision Publishing, Inc., 3100 Ocean Park Blvd., Santa Monica, CA 90405 to obtain one (1) entry into the Promotion. Limit of one (1) entry into the Promotion per person during the Promotion Period. Proof of submission is not proof of receipt. Any attempt to enter the Promotion by another method of entry is void. Any attempt by any person to obtain more than the stated number of entries by using multiple/different accounts, addresses, 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 entries and that person will be disqualified.
4. DRAWING: Two Hundred (200) winners will be selected in a random drawing on or about November 3, 2019 from among all eligible entries received during the Promotion Period. One Hundred (100) winners will be selected for North America and One Hundred (100) winners will be selected for EMEA. The random drawing will be conducted by Sponsor, whose decisions are final and binding on all matters relating to the Promotion. Odds of winning depend on the number of eligible entries received.
5. PRIZES AND ARV: Each winner will receive one (1) pair of adidas Call of Duty branded sneakers (ARV $80.00 U.S. Dollars) and one (1) in-game (Call of Duty: Modern Warfare) 141 Calling Card (ARV $0.00 U.S. Dollars) (collectively, the “Prize”). Total ARV for all Prizes is: $16,000.00 U.S. Dollars. Sneaker sizes are subject to availability. Sponsor makes not representation, warranty, or guarantee of a winner receiving the sneaker component of the Prize in such winner’s preferred size. Winners may not substitute, assign or transfer the Prize, or redeem the Prize for cash, but Sponsor reserves the right, in its sole discretion to substitute the Prize (or a portion thereof) with another prize of comparable or greater value. All Prize details are at Sponsor’s sole discretion. Allow four (4) to six (6) weeks after winner notification for receipt of the Prize. All applicable taxes related to Prize, including without limitation, a Prize winner receiving the Prize, are the sole responsibility of the Prize winner.
6. WINNER NOTIFICATION: Within thirty (30) business days of the conclusion of the Promotion Period, Sponsor shall endeavor to notify each potential winner via the email address tied to such potential winner’s Sony Entertainment Network Account, or Xbox Live Account, or BattleNet Account, or the email address provided by such potential winner in entering the Promotion (as applicable) (“Notification”). WITHIN THREE (3) BUSINESS DAYS FROM NOTIFICATION:
• The potential winner must claim his/her Prize as instructed in the Notification;
• If the potential winner is a resident of Canada, such potential winner will be required to correctly answer the required mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise; and
• The potential winner must accept the terms of a Declaration of Compliance and Release (the “Release”), which confirms compliance with these Official Rules, and releases the Sponsor and the Promotion Entities from all liability with respect to the Entrant’s participation in this Promotion and the awarding, use and misuse of the Prize.
If a potential winner is found to be ineligible, declines to accept the Prize, cannot be located or does not respond and comply with the above requirements within three (3) days of Notification, the potential winner will be disqualified and will forfeit the Prize, and, at Sponsor’s discretion, an alternate Entrant may be selected as eligible to win in accordance with these Official Rules. The Sponsor will not be responsible for failed attempts to notify any potential winner.
Prizes will only be delivered to winners who have been verified and have complied with these Official Rules. No responsibility is assumed by the Sponsor for Prizes after fulfillment. Winners’ bear all risk of loss or damages to Prizes after delivery.
7. CONDITIONS OF PARTICIPATION: Entrants agree (a) that the Promotion Entities 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, possession, misuse or use 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 printing, offering or announcement of any Prize; and (b) except where legally prohibited, each winner grants (and agrees to confirm such grant in writing) permission for Sponsor and those acting under its authority to use the winner’s name, city and state of residence, photograph, voice and/or likeness, for advertising, trade and/or publicity purposes without additional compensation in any and all media now known or hereafter discovered, worldwide and on the internet, in perpetuity, in any manner, without notice, review or approval.
8. LIMITATIONS ON LIABILITY: Promotion Entities are 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 for unauthorized access to, or alteration of entries; 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, any errors or problems which may occur in connection with the administration of the Promotion, the announcement of the Prize, winners, or in any Promotion-related materials; 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 any applicable website, as solely determined by the Sponsor, will be disqualified (and all associated entries will be void), and Sponsor reserves the right to terminate such Entrant’s eligibility to participate in this or any other promotion offered by Sponsor. 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 any website. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend or terminate the Promotion, and if terminated, randomly select winners from all non-suspect, eligible entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the Entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Promotion Entities are not liable for printer errors.
9. IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF YOUR PARTICIPATION IN THE PROMOTION, USE OF THE PRIZE, YOUR ACCESS TO AND USE OF ANY WEB SITE 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.
11. ARBITRATION: Any dispute whatsoever relating to the Promotion which is not resolved within the thirty (30) day period commencing upon receipt of written notice of the dispute 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 (2) 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 to the extent not otherwise inconsistent with applicable law. 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. 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.
12. 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 Los Angeles, CA. 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.
13. WINNERS LIST: To obtain a winner’s list, send a self-addressed stamped envelope in a separate, first class stamped envelope to: Earn Your Stripes Promotion Winners List, c/o Activision Publishing, Inc., 3100 Ocean Park Blvd., Santa Monica, CA 90405. Requests must be received no later than sixty (60) days following the conclusion of the Promotion Period.
14. SPONSOR: Activision Publishing, Inc. 3100 Ocean Park Blvd., Santa Monica, CA 90405. adidas America, Inc is not a sponsor of this Promotion.