IRL Call of Duty Giveaway Official Rules
No purchase or payment of any kind is necessary to enter or win. A purchase will not increase your chance of winning. Void where prohibited by law.
IMPORTANT: PLEASE READ THESE OFFICIAL RULES, WHICH ARE A CONTRACT, CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES AGREEMENT TO ARBITRATE DISPUTES, INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. BY PARTICIPATING, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS.
The IRL Call of Duty Giveaway ("Giveaway"), is sponsored by Get Together, Inc., 1748 Shattuck Ave., No. 130, Berkeley, CA 94709 ("Sponsor"). The Giveaway begins at or around October 24, 2022 at 8 p.m. Pacific Time ("PT"), and ends at midnight PT on October 26, 2022 ("Giveaway Period"). The Giveaway is governed by these official rules ("Official Rules") and is void wherever prohibited by law. By taking any steps to participate in this Giveaway, you agree to these Official Rules.
This Giveaway is open to legal residents of any one (1) of the fifty (50) United States and the District of Columbia, Canada or Mexico ("Territory") who are eighteen (18) years of age or older at the time of entry. Employees, officers, directors, members, managers, agents, and representatives of Sponsor or any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Giveaway, or any of their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, and advertising, promotion, and public relations agencies (collectively, the "Released Parties"), and the immediate families (defined as any spouse, partner, parent, legal guardian, sibling, child, grandparent, or grandchild, regardless of where they reside) and members of the same household (whether legally related or not) of each such individual, are ineligible to participate or win the prize in this Giveaway. Participation in this Giveaway constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
HOW TO ENTER
During the Giveaway Period, eligible entrants (the "Entrant") can earn one (1) entry into the Giveaway by being a member of or joining the Call of Duty Modern Warfare 2 ("Group") on the IRL platform. You must have an IRL account to join the Group. You can create an IRL account for free by visiting IRL.com or downloading the IRL mobile app. Creation of an IRL account is subject to the IRL terms of service at https://www.irl.com/terms-of-service. To create an account without sending or receiving text messages, you can register for the account using an email address. For purposes of the Giveaway, an entry is received only when the IRL platform’s servers record that an Entrant has joined the Group. (the "Entry"). Entries must be submitted and received by Sponsor during the Giveaway Period, through the Giveaway Site, and in strict accordance with the instructions and restrictions in these Official Rules and on the Giveaway Site.
Limit one (1) Entry per person. Proof of submitting an entry (such as, without limitation, a printed, saved or copied automated receipt confirming submission or a "thanks for entering" screen or message) does not constitute proof of actual receiving of an entry for purposes of the Giveaway. Entries may not be acknowledged. Those who do not provide the required responses or entry information in their entry or abide by these Official Rules and other instructions of Sponsor and its representatives may, in Sponsor’s sole discretion, be disqualified and the associated entry void. Attempts made by an Entrant to submit entries in excess of any limit or otherwise in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Purported entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, unintelligible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made on an Entrant’s behalf by any other individual, made by any entity or group, or originating at any website or online service other than the Giveaway Site, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for the Giveaway. No Released Party will have any responsibility or liability for any dispute regarding any Entrant. In the event that any dispute regarding an entry cannot be resolved to Sponsor’s satisfaction, the entry will be void.
At the end of the Giveaway Period, one (1) potential winner will be selected in a random drawing from among all eligible entries received. The drawing will be held on or about October 27, 2022, after the end of the Giveaway Period. Odds of winning depend on the number of eligible entries received for the Giveaway. The Entrant selected as a potential winner for the Giveaway ("Winner") will be notified by email, phone call, text message or other means within two (2) business days of the drawing. In the event the Winner selected to win the Giveaway (a) is deemed ineligible, (b) fails to comply with these Official Rules, (c) does not respond to notification within the stated time period, (d) is not available to claim the Prize, the Prize may be awarded to an alternate winner, as determined by Sponsor within its sole and absolute discretion, even if the Winner has been publicly announced as a potential winner on Instagram or via other means.
If any prize, prize notification, or Giveaway-related communication is rejected, faulty, or undeliverable; if Winner does not respond according to the notification’s or Sponsor’s instructions; or if Winner fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting) based on the original method of winner selection or other method that is fair in Sponsor’s sole discretion. Sponsor is not obligated to pursue more than three (3) alternate winners for any prize for any reason, in which case such prize may go unawarded. Sponsor reserves the right to modify the notification procedures and applicable deadlines for responding in connection with the selection of any alternate potential winner, if any. If the prize is legitimately claimed, it will be awarded. Upon prize forfeiture or inability to use a prize or portion thereof, no compensation will be given and Sponsor will have no responsibility or liability to the Winner. To claim a prize, Winner must follow the directions in these Official Rules, the winner notification and as otherwise communicated by Sponsor. Failure to comply with these requirements, Sponsor’s or its representative’s instructions, or these Official Rules may, in Sponsor’s sole discretion, result in disqualification from the Giveaway and forfeiture of any prize potentially won. Decisions of the Sponsor are final on all matters relating to the Giveaway, including interpretation of these Official Rules, determining the winners, and awarding of the prizes. If Winner is a minor in their jurisdiction of residence, prize will be awarded to the minor’s parent or legal guardian who will be responsible for completing all Winner Documents in accordance with Sponsor’s instructions and these Official Rules.
PRIZE, ODDS & APPROXIMATE RETAIL VALUE ("ARV")
Once verified, one (1) Winner will receive the video game Call of Duty Modern Warfare 2. ARV of the prize: $200. Odds of winning depend upon the number of eligible entries received. No travel or accommodations are awarded as part of the prize. Winner is responsible for all costs to attend the event.
All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. Any taxes (federal, state, and local) arising from receipt of the prize, as well as any expenses in excess of the prize amount are the sole responsibility of Winner. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize, or any prize that is undeliverable or does not reach a Winner because of incorrect or changed contact information. If Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any Winner to accept or use any prize (or portion thereof) for any reason. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason. No more than the stated prize will be awarded. Winner waives the right to assert as a cost of winning any prize, any and all costs of verification and redemption and any liability and publicity which might arise from claiming or seeking to claim a prize. Winner is responsible for complying with an COVID requirements (including proof of current, full vaccination and/or a negative test) required by the applicable event venue.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH INDIVIDUAL ENTERING THE GIVEAWAY AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PRIZE OR GIVEAWAY-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO/OF PERSON OR PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
ENTRANTS UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the Entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, mail, or Giveaway-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Giveaway-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable or do not reach Entrant as a result of any form of active or passive filtering of any kind, or insufficient space in an Entrant’s email account to receive email messages. Released Parties are not responsible, and may disqualify an Entrant, if an email address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any Winner or any person claiming through such Winner for failure to supply the prize or any part thereof in the event that any of the Giveaway activities or Released Parties’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
By entering the Giveaway (except where prohibited by law), each Entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display their name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to them, any other indicia of persona, and any information contained in or submitted as part of their entry (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to them, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time, and without notice, review, or approval by Winner, and each Entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted in these Official Rules and Winner waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Giveaway, including interpretation of these Official Rules, determination of any Winner, and awarding of any prize. All participants, as a condition of entry in the Giveaway, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from the Giveaway. Participants further agree to not damage or cause interruption of the Giveaway and/or prevent others from using the Giveaway Site. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any Entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of the Giveaway. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Giveaway-related materials and/or these Official Rules (including any alleged discrepancy in these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in any Giveaway materials, or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their collective terms as if the invalid or illegal provision were not contained herein. If the Giveaway is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Giveaway and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF A GIVEAWAY VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE THAT THESE OFFICIAL RULES AND YOUR PARTICIPATION IN THE GIVEAWAY ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. BOTH YOU AND SPONSOR WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE SPONSOR SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER ALAMEDA COUNTY, CALIFORNIA AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. 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 JUDGMENT 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 GIVEAWAY WILL 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 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 ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN SAN FRANCISCO, CA, CHICAGO, IL, NEW YORK CITY, NY, LOS ANGELES, CA, ATLANTA, GA OR DALLAS, TX (WHICHEVER IS CLOSEST TO YOUR RESIDENCE) OR IN YOUR HOMETOWN, BUT ONLY IF JAMS RULES SO REQUIRE. THE FEDERAL OR STATE LAW THAT APPLIES TO THESE OFFICIAL RULES WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN ALAMEDA COUNTY, CALIFORNIA. 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. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE GIVEAWAY.
Further, in any such dispute, under no circumstances will Winner be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages. The prior limitation on damages is not intended to limit the Released Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law.
WINNERS’ LIST/OFFICIAL RULES
A copy of these Official Rules is available online during the Giveaway Period by visiting https://www.irl.com/cod-giveaway-rules. For information about who won, send an email to email@example.com with the subject line "IRL Call of Duty Giveaway." Requests for winner information must be received no later than three (3) months after the end of the Giveaway Period.
Get Together, Inc. (dba IRL), 1748 Shattuck Ave. No. 130, Berkeley, CA 94709, is the sole sponsor of this Giveaway. Call of Duty is a trademark of Activision Publishing, Inc., which is not a sponsor of this Giveaway or affiliated with IRL. The Call of Duty trademark is used for product identification purposes only.