Borderlands 3 World Wide Gameplay Reveal Promotion
Terms and Conditions
Please read these Terms and Conditions (“Terms”) before participating in the “Borderlands 3 World Wide Gameplay Reveal Promotion” (“Promotion”). Participation in the Promotion constitutes participant's full and unconditional agreement to and acceptance of these Terms and represents that participant satisfies all of the requirements set forth below.
THIS IS NOT A SWEEPSTAKES OR CONTEST. REWARD RECIPIENTS WILL ONLY RECEIVE VIRTUAL REWARDS FOR USE ONLY IN THE BORDERLANDS 3 GAME. THERE IS NO PRIZE OF MONETARY VALUE TO THESE REWARDS.
- How to Participate.
On May 1, 2019, Sponsor will invite selected streamers (“Streamers”) to stream a demo of the new Borderlands 3 game (“Game”) during the Borderlands 3 World Wide Gameplay Reveal Event (“Reveal Event”) taking place at the HD ButterCup Loft, located at 4317 Beverly Boulevard, Los Angeles, CA. The Event will consist of two sessions which will be live streamed on each participating Streamer’s Twitch channel: The First Session begins at 10:45:00 am Pacific Time (“PT") and ends at 1:45:00 pm PT. The Second Session will begin at 4:45:00 pm PT and end at 7:45:00 pm PT. To participate in the Promotion, during the Promotion Period (defined below in Section 3):
- You must be watching a live stream of a participating Streamer’s Twitch channel during his or her Session;
- You must be logged into your Twitch account; and
- You must link your SHiFT account to your Twitch account.
You must have a ShiFT and Twitch account to participate in this Promotion. There is no limit on how many participating Streamers you may watch during the Promotion Period. All participants must have a valid SHiFT account that has been linked to their Twitch account in order to participate in this Promotion. No automated entry devices and/or programs permitted. All participant information and game play becomes the sole and exclusive property of Sponsor and receipt of entry will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will not be considered, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to cancel or modify this Promotion in its sole discretion.
You must be at least are 18 or older as of the date of this Promotion to participate in this Promotion. Employees, officers and directors of Sponsor and Gearbox Software, LLC and their parent companies, subsidiaries, affiliates, partners, advertising and promotions agencies, manufacturers or distributors of materials used in connection with the Promotion and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to participate in Promotion. All federal, provincial, state and local laws and regulations apply.
- Promotion Period Start/End Times.
Promotion Period for Session 1 begins at 10:45:00 am PT and ends at 1:45:00 pm PT and Promotion Period for Session 2 begins at 4:45:10 pm PT and ends at 7:45:00 pm PT.
- How to get a Reward.
Each participating Streamer will have four (4) Red Chests hidden in his or her Game. If a participating Streamer finds a Red Chest (each a “Red Chest Event”) during the Promotion Period, all eligible participants watching that participating Streamer will have thirty (30) seconds to open the Red Chest. Twenty Five percent (25%) of all eligible participants who successfully open the Red Chest during that Red Chest Event will be randomly selected to receive a digital Reward from the Red Chest (each a “Reward”). Each participating Streamer can have up to four (4) Red Chest Events during his or her Session depending on the number of Red Chests the participating Streamer finds during his or her Session. If a participating Streamer does not find a Red Chest during his or her Session, there will be no Red Chest Events during that Streamer’s Session.
Sponsor’s decisions are final and binding in all matters relating to this Promotion, including, but not limited to, interpretation and application of these Terms. By entering the Promotion, participants fully and unconditionally agree to be bound by these Terms and the decisions of the judges, which will be final and binding in all matters relating to the Promotion.
Each Reward Recipient will have the opportunity to select one (1) digital Reward from the Red Chest (one (1) of six (6) options) at the end of the Red Chest Event. If the Reward Recipient fails to select one (1) digital Reward from the Red Chest within 30 seconds, one (1) will be randomly selected for them. All Rewards will be uploaded to the recipient’s SHiFT account once they are determined to be a Reward recipient. Reward recipients will receive a notice from Sponsor that their Reward(s) have been transferred to their SHiFT account. Reward Recipients will be required to have access to Borderlands 3 in order to redeem their Reward(s). After they have access to the Game, Reward recipients can redeem their Reward(s) in their Game by accessing the mailbox feature in Borderlands 3. This feature is accessible through the Borderlands 3 social menu. Rewards are valid for the duration of the Game. Rewards have no monetary value, should not be used outside of the Game and should only used in accordance with these Terms. Rewards are non-transferable. No substitutions or cash redemptions. In the case of unavailability of a Reward, Sponsor reserves the right to substitute a Reward. Any tax obligations (if any) are the responsibility of Reward recipient. There is no limit on the number of Rewards a participant can earn during the Promotion Period.
Reward recipients will be notified on-screen during the Red Chest Event whether or not they received a Reward for that Red Chest Event. Participants who do not receive a Reward during that Red Chest Event will receive the following message “You didn’t win…Aww man, better luck next time!” Reward recipients may be required to sign and return, where legal, an Affidavit or Declaration of Eligibility, Liability/Publicity Release within five (5) days of notification. If any Reward recipient cannot be contacted after notification, if any Reward or Reward notification is returned as undeliverable, if any Reward Recipient rejects his/her Reward, if the Reward recipient does obtain access to the Game or redeem his or her Reward, or in the event of noncompliance with these Promotion Terms and requirements, such Reward will be forfeited. Upon Reward forfeiture, no compensation will be given.
Any and all federal, state and local taxes (if any) are the sole responsibility of the Reward recipient. Participation in Promotion and/or acceptance of Reward constitutes each Reward recipient’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each Reward recipient regarding the Promotion or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.
By participating, participants and Reward recipients agree to release and hold harmless Sponsor, Gearbox Software LLC, AMD, Epic, Logitech, Twitch, the Streamers and their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance and/or use or misuse of the Reward or participation in any Promotion-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Participants who do not comply with these Terms, or attempt to interfere with this Promotion in any way shall be disqualified. Sponsor is not responsible if Promotion cannot take place or if any Reward cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
- Additional Terms.
Any attempted form of participation other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of participation are permitted. The Released Entities are 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 participation information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Promotion, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may select (but is not obligated to select) the Reward recipients from all eligible responses received prior to and/or after (if appropriate) the action taken by Sponsor, as determined by Sponsor in its sole discretion. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the participation process or the operation of the Promotion and/or any streaming channels or web sites associated with the Promotion. Sponsor may prohibit an participant from participating in the Promotion or receiving a Reward if, in its sole discretion, it determines that said participant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL THE RELEASED ENTITIES 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/OR USE OF ANY WEBSITE, SERVICE, STREAMING CHANNEL, AND/OR GAME ASSOCIATED WITH THIS PROMOTION (COLLECTIVELY, “SERVICES”) AND/OR YOUR PARTICIPATION IN THE PROMOTION, YOUR DOWNLOADING FROM AND/OR YOUR PRINTING MATERIAL DOWNLOADED FROM ANY SERVICES ASSOCIATED WITH THE PROMOTION. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION, THE SERVICES AND ALL REWARDS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE 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.
In relation to participants from certain jurisdictions, the above provisions apply to the fullest extent permissible by law, save that, to the extent the law of another jurisdiction applies, nothing in these Terms shall exclude or limit the Sponsor or Released Entities’ liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by negligence; or (iii) any other type of liability which may not be lawfully excluded or limited.
- Disputes; Governing Law.
Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (e.g., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
This Promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of participant and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Arbitration Section of these Terms and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York.
- Use of Data.
Sponsor: 2K Games, Inc. (“2K”), a wholly owned subsidiary of Take-Two Interactive Software, Inc. The Sponsor’s address is 10 Hamilton Landing, Novato, CA 94949, USA.