The Software License and Service Agreement will be updated. Please follow this link [https://www.activision.com/legal/ap-eula] in order to see these changes.
VERSION DATE: September 6, 2022
GOOGLE PLAY™ PRE-REGISTRATION PROMOTION TERMS AND CONDITIONS (these “promotion terms”)
OVERVIEW: During the Promotion Period (defined herein), eligible Google Play users may enter this promotion (this “Promotion”) and pre-register to download and install Call of Duty: Warzone Mobile (the “Game”) on their mobile Android™ device(s). Pre-registered users will be eligible to receive certain in-game rewards (“Rewards”), which Rewards will be made available for use upon worldwide launch of the Game on Google Play. Available Rewards will vary subject to the achievement of global pre-registration milestones, which will be determined based on, among others, the total aggregate number of the Game’s pre-registrations existing as of the date of worldwide launch.
By participating, each person (“Participant” or “Participants” or “you”) agrees to these Promotion Terms and the decisions of Sponsor (defined herein), which are final and binding in all matters related to this Promotion unless disputed in accordance with Sections 14 or 16 (as applicable).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER. YOU WILL NOT BE ELIGIBLE TO ENTER THIS PROMOTION AND RECEIVE ANY REWARDS IF YOU ARE A RESIDENT IN ONE OF THE PROHIBITED COUNTRIES SET FORTH IN SECTION 3 (AS DETERMINED BASED ON YOUR GOOGLE PLAY ACCOUNT REGISTRATION). BY PRE-REGISTERING, YOU AGREE TO BE BOUND BY THESE PROMOTION TERMS AND YOU SHOULD READ THESE PROMOTION TERMS CAREFULLY. THESE PROMOTION TERMS ARE COMPRISED OF PART A (WHICH APPLIES TO ALL PARTICIPANTS), PART B (WHICH APPLIES ONLY TO UNITED STATES AND CANADA RESIDENT PARTICIPANTS) AND PART C (WHICH APPLIES TO ALL NON-UNITED STATES AND NON-CANADIAN RESIDENT PARTICIPANTS).
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONSOR RESERVES ALL RIGHT TO MODIFY THE PROMOTION PERIOD, REWARDS, PRE-REGISTRATION MILESTONES, REWARDS DELIVERY DATE(S) AND REDEMPTION METHOD(S) IN ITS SOLE DISCRETION AND AT ANY TIME.
PART A: TERMS APPLICABLE TO ALL PARTICIPANTS
1. SPONSOR: The sponsor of this Promotion (the “Sponsor”) is Activision Publishing, Inc., 2701 Olympic Boulevard, Building B., Santa Monica, CA 90404.
2. PROMOTION TERM AND DEADLINES: The promotion period begins on September 15, 2022 at approximately 12:00 p.m. (Pacific Time) and will expire on or around the worldwide launch of the Game (a “Promotion Period”), such date to be established and communicated by Sponsor when available, provided, Sponsor shall have sole discretion to extend or otherwise modify the Promotion Period at any time.
3. ELIGIBILITY: Rewards are offered globally to residents (as determined based on the Participant’s Google Play account registration) of all territories in which the Game is published by Activision Publishing, Inc., provided, residents of the following territories are prohibited from entering this Promotion and shall be ineligible to receive Rewards: Belarus, Belgium, China, the Crimea region of Ukraine, Cuba, the so-called Donetsk and Luhansk People’s Republics, Iran, The Netherlands, North Korea, Russia, Sudan, Syria, Vietnam, and any other country or territory prohibited under applicable laws or in which the Game is not distributed or otherwise made available to install by Activision Publishing, Inc.
Participants (as defined herein), may only participate in the Promotion so long as their participation 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. Participants are responsible for ensuring that their participation in the Promotion complies 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, Sponsor 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 Sponsor may change at any time and such determination shall be final.
To be eligible to enter the Promotion you must also be 18 years of age (or the age of majority in your territory) or older at the time of entry. Notwithstanding anything to the contrary contained herein, the Promotion is void where prohibited or restricted by law.
4. HOW TO PRE-REGISTER: Google Play users will be eligible to participate in this Promotion by following these steps:
(a) Navigate to the Call of Duty: Warzone Mobile app page on Google Play using the Google Play app, or on web while logged in to your Google Play account.
(b) Select “Pre-register”.
(c) Select “OK”.
(d) Maintain pre-registration through the date of the worldwide launch of the Game.
Limit of one (1) unit for each Reward per Google Play account. Rewards are virtual goods to be used for fun during Call of Duty: Warzone Mobile gameplay. Rewards do not change a user’s performance in the game, have no cash redemption value, are non-transferable, and cannot be traded or exchanged in any manner. For convenience purposes only, each Reward will be delivered directly into eligible Participants’ accounts. The use of Rewards are subject to all terms and conditions set forth in the then-existing Software License and Service Agreement available at https://www.activision.com/legal/software-terms-of-use. Participants are solely responsible for remittance to the relevant taxing authorities any taxes owed in connection with the award of any Reward.
List of Pre-Registration Milestones and Rewards
(a) 5,000,000 pre-registrations – Vinyl - Foe's Flame and Emblem – Dark Familiar.
(b) 10,000,000 pre-registrations – X12 – Prince of Hell.
(c) 15,000,000 pre-registrations – M4 – Archfiend.
(d) 25,000,000 pre-registrations – to be determined by Sponsor.
ALL REWARDS ARE SUBJECT TO CHANGE IN SPONSOR’S SOLE DISCRETION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE AVAILABILITY OF ANY REWARD IS EXPRESSLY SUBJECT TO AND CONDITIONED UPON THE WORLDWIDE LAUNCH AND DISTRIBUTION OF THE GAME ON GOOGLE PLAY, THE DATES OF WHICH SHALL BE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
6. NOTIFICATION AND VERIFICATION OF REWARDS: Upon Sponsor’s (or Sponsor’s designee’s) determination of eligible Participants, the following will occur: Sponsor will provide notice to pre-registered Participants of the available Rewards and redemption methods. Participants must download and install the Game and follow Sponsor’s redemption methods to receive the Rewards. Non-compliance with these Promotion Terms may result in disqualification and/or forfeiture of the Rewards, in each case at Sponsor’s sole discretion.
8. SPONSOR RIGHTS: Sponsor reserves the right at any time, in its absolute discretion, to:
(a) verify the eligibility of any Participant (including his or her age and place of residence);
(b) disqualify any Participant found to be abusing or tampering with the operation of the Promotion or entering using fraudulent means, or who Sponsor believes to have acted in breach of these Promotion Terms; and
(c) Sponsor reserves the right to extend, withdraw, alter or suspend the Promotion or these Promotion Terms at any time if circumstances beyond its 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.
9. CONTACT: If you have any questions regarding the Promotion, please contact Activision customer support at https://support.activision.com.
PART B: TERMS APPLICABLE TO UNITED STATES AND CANADIAN RESIDENT PARTICIPANTS
The following terms apply only to those Participants who are residents of the United States and Canada:
10. CONDITIONS OF PARTICIPATION: Participants agree that the Sponsor, its parents, affiliated companies and subsidiary companies, and its and their respective 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, the “Promotion Entities”), and Google LLC (“Google”) 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 Rewards, 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 Reward.
11. LIMITATIONS ON LIABILITY: Promotion Entities and Google 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 online 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 its related websites, as solely determined by Sponsor, will be disqualified (and all associated entries will be void), and Sponsor reserves the right to terminate such Participant’s eligibility to participate in this or any other promotion offered by Sponsor. 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 and Google 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 Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of 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. In the event of a dispute regarding entries received from multiple users having the same Activision account, the authorized subscriber of the Activision account at the time of entry will be deemed to be the Participant and must comply with these Promotion Terms. 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 that is associated with the Activision account.
12. IN NO EVENT WILL THE PROMOTION ENTITIES OR GOOGLE BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF 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.
13. ARBITRATION: Any dispute whatsoever relating to the Promotion which is not resolved within the thirty (30) day period commencing upon Sponsor’s receipt of written notice by Participant, shall be settled by binding and final arbitration before a single arbitrator and under the application of the laws of the State of California. 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 its 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 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.
14. 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. The laws of the State of California, without reference to California choice of law rules, governs this Promotion and all aspects related thereto.
PART C: TERMS APPLICABLE TO NON-UNITED STATES AND NON-CANADIAN 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:
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 Promotion Terms, Sponsor 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 Reward in accordance with these Promotion Terms. The Participant is solely responsible for the use and control of its own devices and email box.
The following provision will not apply to you if you are resident in Germany. If Sponsor fails to comply with these Promotion Terms, Sponsor is responsible for loss or damage you suffer that is a foreseeable result of Sponsor’s breach of these terms and conditions or its negligence, but is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Sponsor’s breach or if such loss or damage was contemplated by you and Sponsor at the time that you entered the Promotion. Sponsor will not be responsible for damages which do not directly flow from a breach by Sponsor of one of its obligations. Any further liability for damages is excluded; provided, you may have rights under consumer protection laws that also apply. These Promotion Terms 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: Sponsor will have unlimited liability in the case of intent or gross negligence as well as with the existence of a guarantee granted by Sponsor itself for damages incurred by you in connection with the Promotion. In cases of slight negligence, Sponsor shall also have unlimited liability in the event of loss of life, bodily injury or impairment of health resulting from this Promotion. In the event of a slightly negligent breach of essential contractual obligations Sponsor’s 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.
16. LAW AND JURISDICTION: The Promotion and these Promotion Terms, 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 Promotion Terms 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.
© 2022 Activision Publishing, Inc. ACTIVISION, CALL OF DUTY, CALL OF DUTY WARZONE, and WARZONE are trademarks of Activision Publishing, Inc. in the U.S. and/or other countries. Android and Google Play are trademarks of Google LLC.