TERMS OF SERVICE AND PRIVACY
POLICIES SPECIFIC TO OCULUS ACCOUNT USERS
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND EACH PARTICIPANT WAIVES THE RIGHT TO SEEK ANY REMEDIES IN ANY COURT OF LAW AS WELL AS THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION.
2. Timing: Offer valid only upon activation of Quest 2 VR headset and use of Oculus Link software using an Oculus Link cable or compatible equivalent between 12:00 a.m. PacificTime (‘PT’) on 20 November 2020 and 11:59 p.m. PT on 31 January 2021 (the ‘Offer Period’). Must redeem and download Asgard’s Wrath by 11:59 p.m. PT on 31 March 2021. Sponsor’s (defined below) computer is the official time-keeping device for the Offer.
3. Offer: Subject to the terms of this Offer, eligible owners of a PC that meets minimum requirements for VR games, an Oculus Quest 2, an Oculus Link cable (or compatible equivalent), download and activate the Oculus Link software will receive a digital copy (physical copies are not available in connection with this Offer) of Asgard’s Wrath (the “Offer Item”) which will be digitally delivered to the user’s account in the Oculus Rift Store. An active account in the Oculus Rift Store is required and the Offer Item (approximate retail value of US$ 39.99) is subject to availability and quantities may be limited. Offer Item is only available after 20 November 2020. Oculus Quest 2 devices activated outside of the Offer Period are not eligible for the Offer Item. DOWNLOAD OF OFFER ITEM MAY REQUIRE ADDITIONAL STORAGE OR INCUR BROADBAND USAGE FEES. Must redeem and download Asgard’s Wrath by 11:59 p.m. PT on 31 March 2021. User is solely responsible for payment of any applicable taxes. Offer item is intended for the personal use of the qualified user and may not be otherwise used, copied, sold, transferred, distributed, etc. The Offer may not be combined with any other offer, rebate or discount and is not redeemable for cash. Offer is subject to cancellation or change at any time and/or in the event of any improper use or attempt to redeem. Oculus Quest 2 and the Oculus Link cable are subject to availability, quantities are limited. Offer Item may only be used on an Oculus Quest 2 headset and is not transferable to other devices.
4. How to Obtain the Offer: During the Offer Period, user must activate a new Oculus Quest 2 VR headset (either 64 GB or 256 GB), Oculus Link cable or compatible equivalent, and download, install and activate the Oculus Link software (all together a ‘Qualifying Step’). Users must have a PC that meets minimum requirements for VR games, a valid Facebook account and an Oculus account. Activation requires wireless Internet access and an iPhone or Android™ smartphone required to run the Oculus app (free download) for set-up. The Offer Item will be forfeited if the above conditions are not met by 11:59 p.m. PT on 31 January 2021. Qualified recipients of the Offer Item should see the Offer Item in their library in the Oculus Rift store. There are no redemption codes in connection with this Offer. Each Offer will be available for download approximately within twenty-four (24) hours, but no later than seven (7) days, after the Qualifying Steps are properly completed and all other conditions are met and confirmed. Limit: one (1) redemption per Qualifying Step. If you return your Oculus Quest 2 device, the Offer Item will be automatically forfeited and you are not entitled to receive any replacement or substitute Offer Item.
5. Sponsor: Facebook Technologies, LLC, 1 Hacker Way, Menlo Park, California 94025 USA (‘Sponsor’).
6. Release: By participating in the Offer, each participant agrees to indemnify and hold harmless the Sponsor, Sanzaru and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and offer suppliers, and each of their respective parent companies, subsidiaries and affiliates, and each such company’s officers, directors, employees and agents (collectively with the Sponsor, the ‘Released Parties’), from and against any claim or cause of action, including, but not limited to, personal injury, death or damage to or loss of property, arising out of, in whole or in part, directly or indirectly, from participation or attempting to participate in the Offer or from acceptance, possession, receipt or use or misuse of the Offer Item or the Offer. Released Parties will have no liability whatsoever for any injuries, losses or damages of any kind resulting from acceptance, possession, use and/or misuse of participation in the Offer or Offer Item. Without limiting the foregoing, to the maximum extent permitted by law, each participant waives all rights he/she may have under California Civil Code Section 1542, which reads as follows: ‘A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his/her favour at the time of executing this release, and that if known by him/her would have materially affected his/her settlement with the debtor or released party.’
7. General Conditions: The Sponsor reserves the right to cancel, suspend and/or modify the Offer, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Offer, as determined by the Sponsor at its sole discretion. The Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the registration process or the operation of the Offer or to be acting in violation of these Terms and Conditions or any other promotion or in an unfair or disruptive manner. The Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be: (a) violating the Terms and Conditions; or (b) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service. Any person who supplies false information, obtains Offer Items by fraudulent means or is otherwise determined to be in violation of these Terms and Conditions in an attempt to redeem more Offer Items than permitted by these Terms and Conditions will forfeit any Offer item and may be prosecuted to the full extent of the law. Any attempt by any person to deliberately undermine the legitimate operation of the Offer may be in violation of criminal and civil law, 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. The Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
8. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, including errors or typos in these Terms and Conditions or any Offer-related communication or materials, whether caused by a Released Party or participants, printing errors or by any of the equipment or programming associated with or utilised in the Offer; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software, failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or any website or on account of any combination of the foregoing; (3) unauthorised human intervention in any part of the registration process or the Offer; (4) technical or human error which may occur in the administration of the Offer or the processing of registrations; (5) late, lost, undeliverable, damaged or stolen post; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Offer or receipt or use or misuse of any Offer.
9. Disputes: Except where prohibited by law, the participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Offer or any Offer awarded shall be resolved individually, without resort to any form of class action, and to finally settle all disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgement on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Offer shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (‘JAMS’) or any successor to JAMS. In the event that JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a ‘Demand for Arbitration’, then either party can elect to have the arbitration administered by the American Arbitration Association (‘AAA’) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in San Mateo County, California, USA. The Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. Any and all claims, judgements and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Offer, but in no event lawyers’ fees. Under no circumstances will the participant be permitted to obtain awards for, and hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and the Sponsor in connection with the Offer, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
11. Changes to Terms: These Terms and Conditions may be modified and/or we may cease offering the Offer at any time. YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR PARTICIPATION IN THE OFFER AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS.
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