CALL OF DUTY^®: MODERN WARFARE^® III FAN SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED. BY PARTICIPATING, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND YOU SHOULD READ THESE OFFICIAL RULES CAREFULLY.

1. SPONSOR: Activision Publishing, Inc. 2701 Olympic Boulevard, Building B, Santa Monica, CA 90404. Although Twitter’s terms of use apply to content on and use of Twitter (as applicable) related to this Promotion (as defined below), this Promotion (as defined below) is not offered, endorsed, sponsored or administered by, or associated with, Twitter, Sony Interactive Entertainment, LLC, or PlayStation.

2. PROMOTION TERM AND DEADLINES: The Call of Duty®: Modern Warfare® III Fan Sweepstakes (the “Promotion”) begins November 24, 2023, at 6:00AM Pacific Time (“PT”) and ends November 29, 2023, at 11:59:59PM PT (the “Promotion Period”). The Promotion allows eligible entrants (each, as described in Section 3 below, an “Entrant”) to enter one (1) random drawing (the “Drawing”). One (1) entry, per Entrant, regardless of the method of entry. Five (5) winners will be randomly selected from among all eligible entries received during the Promotion Period (5 total winners).  All entries received after the end of the Promotion Period will be ineligible for a chance to win a prize.

3. ELIGIBILITY: The Promotion is open and offered only to legal residents of the fifty United States and the District of Columbia (excluding Puerto Rico and other U.S. territories and possessions), 18 years of age or older (except residents of Alabama and Nebraska, who must be 19 years of age or older and residents of Mississippi, who must be 21 years of age or older) at the time of entry. Promotion is void in Puerto Rico and other U.S. territories and possessions and 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.

4. HOW TO ENTER: There are two (2) ways to enter this Promotion:

1. X (Twitter) Entry: To enter this Promotion and be eligible to win a prize, during the Promotion Period, Entrants must:

   1. Go to the official Call of Duty X (Twitter) page, at @CallofDuty, and click the “Follow” button while logged into their X (Twitter) account.  X (Twitter) accounts are free of charge and can be obtained at https://twitter.com/i/flow/signup.

   2. During the Promotion Period, Sponsor will post a call-to-action message on the official @CallofDuty X (Twitter) page, and Entrant must respond to the post from the @CallofDuty X (Twitter) account, as directed by the post by including BOTH of the following hashtags: #MWIII and #Sweepstakes.

   Note, you must follow the official @CallofDuty X (Twitter) account and include BOTH hashtags in your comment. Entrants who complete the foregoing tasks will receive one (1) entry into the Drawing.

2. Email Entry.  Entrants may alternatively enter this Promotion by sending an email to callofduty@activision.com with the title “Call of Duty: Modern Warfare III Fan Sweepstakes”. The body of this email must include the Entrant’s full name, complete address (including zip code) and age.  Only emails containing all of the above listed information will be accepted as entries. No copies, facsimiles or mechanical reproductions will be accepted.  Eligible submissions will receive one (1) entry into the Drawing, regardless of method of entry.  Personal information submitted to Sponsor through this method of entry will only be used for purposes of entering the Entrant into and fulfilling the Sweepstakes, including communicating with Entrants about the Promotion.

Limit of one (1) entry per person/account/email/household to the Promotion during the Promotion Period, regardless of number of entries. Proof of Submission is not proof of receipt. Any attempt at any other method of entry is void. Any attempt by any person to obtain more than the stated number of entries by using multiple/different email or social media accounts, 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 entry and that person will be disqualified. Submissions may not promote or portray any activities that may appear unsafe or dangerous to yourself or other persons or property. DO NOT engage in any activity that is potentially dangerous or beyond your ability.  Entries may not contain any content that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise contains inappropriate or objectionable content as determined by Sponsor in its sole discretion. Entries must comply with Activision’s terms of use located at https://www.activision.com/legal/terms-of-use and shall not contain content that is unlawful or inconsistent with Sponsor, Call of Duty, or its brand image. Sponsor may disqualify any such entry at its sole discretion.

5. DRAWING: One random drawing will be held from among all eligible entries received during the Promotion Period. Five (5) winners will be selected. 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.

6. WINNER NOTIFICATION: Within thirty (30) days of the conclusion of the Promotion, Sponsor shall endeavor to notify potential winners via either direct message to Entrant’s Twitter account to obtain potential winner’s contact information, or email to their valid email address provided on the email entry submission (collectively, the “Winner Notification Message”). Sponsor will email potential winners from the following email address: callofduty@activision.com. Winners will be subject to verification of the Entrant’s eligibility and compliance with these Official Rules. The Winner Notification Message will provide the details to the potential winner for confirming eligibility requirements, including the potential winner responding to the Winner Notification Message with proof of eligibility (i.e., age and place of residence), as well as information required by Sponsor for prize delivery, and a completed Affidavit and Release Form, which will be provided to the potential winner by Sponsor. If the potential winner’s proof of eligibility is not submitted to Sponsor in accordance with the instructions in the Winner Notification Message within five (5) days after outreach from Sponsor, the prize may be forfeited at Sponsor’s discretion and awarded to an alternate winner selected by Sponsor. Any prizes not claimed by alternates within five (5) days after outreach from Sponsor shall be considered forfeited and shall be discarded at the Sponsor’s sole discretion.

7. PRIZES AND ARV:

Five (5) winners will each receive: One (1) Sony PlayStation 5 gaming console x Call of Duty: Modern Warfare III digital video game bundle (ARV $500 USD each).

Total approximate retail value of all prizes: $2,500 USD.

Prize will be delivered approximately ten (10) weeks after Sponsor’s confirmation of a potential winner’s eligibility in accordance with Section 6 (Winner Notification) above.

Winner may not substitute, assign or transfer prize, or redeem prize for cash, but Sponsor reserves the right, in its sole discretion to substitute prize (or a portion thereof) with another prize of comparable or greater value. All prize details are at Sponsor’s sole discretion.

8.  CONDITIONS OF PARTICIPATION: Entrants agree (a) that the Promotion Entities, Twitter, Sony Interactive Entertainment, LLC, and PlayStation 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 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.  

You hereby warrant and represent that you participated in the Promotion by means of your own creation of other materials such as user-generated content as specified in these Official Rules.

10. PUBLICITY: Except where prohibited by applicable law, each Entrant agrees to participate in reasonable publicity as may be required by Sponsor in respect of the Promotion. Sponsor reserves the right to publish each Entrant’s name, photograph and country of residence on its Entrant’s list and websites.

11.  PRIVACY:  By participating in the Promotion, Entrants hereby acknowledge that Activision Publishing, Inc. may collect and use their personal information in compliance with applicable laws and regulations and its Privacy Policy accessible at https://www.activision.com/legal/privacy-policy. Participants confirm that they have acknowledged the privacy policy. Entrants’ personal information may be transferred to the United States of America for the purpose of this Promotion. Entrants have the right to access, ask for erasure, and correction of their personal information and can request such action as detailed in the privacy policy.

12. SPONSOR’S RIGHTS: Sponsor reserves the right at any time, in their absolute discretion, to:

• verify the eligibility of any Entrant (including their age and place of residence);
• disqualify any Entrant found to be abusing or tampering with the operation of the Promotion or entering using fraudulent means, or who the Sponsor believes to have acted in breach of these Official Rules; and
• disqualify any Entrant posting an entry or a comment to Sponsor’s or Activision Publishing’s social media channels and/or interactive features of its websites or other platforms that is, in the Sponsor’s opinion, inappropriate, offensive or upsetting to other Entrant, fans of the Sponsor or directly aimed at the Sponsor, or contrary to applicable law, and at  one or more Sponsors, or contrary to applicable law, or Sponsors or Sponsors’ vendor or supplier’s  terms of use or service (including community guidelines or other terms governing appropriate behavior) and to remove any such entry or comment.

Sponsor reserves the right to extend, withdraw, alter or suspend the Promotion or these Official Rules at any time if circumstances beyond their 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.

13.  LIMITATIONS ON LIABILITY: Promotion Entities, Twitter, Sony Interactive Entertainment, LLC, and PlayStation 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 prizes 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 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. 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, Twitter, Sony Interactive Entertainment, LLC, and PlayStation 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 the 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 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, Twitter, Sony Interactive Entertainment, LLC, and PlayStation are not liable for printer errors.

14.  PROMOTION ENTITIES, TWITTER, SONY INTERACTIVE ENTERTAINMENT, LLC, AND PLAYSTATION NOT 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 WEBSITE 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.

15. ARBITRATION: Any dispute whatsoever relating to the Promotion which is not resolved within the thirty (30) day period commencing upon receipt of written notice 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 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 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.  The reasonable attorneys’ fees and costs of the prevailing party (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.

16. 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 the State of California, County of 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 attorney’' fees or other legal costs; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damage”"); 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.

17. WINNERS LIST: To obtain a winner’s list, send a request via email to callofduty@activision.com referencing the Call of Duty: Modern Warfare III Fan Sweepstakes Winners List. Requests must be received no later than sixty (60) days following the conclusion of the Promotion Period.

©2023 Activision Publishing, Inc. ACTIVISION, CALL OF DUTY, and MODERN WAREFARE are trademarks of Activision Publishing, Inc. All other trademarks and trade names are the property of their respective owners.