YEAR OF DOOM REWARDS PROGRAM TERMS AND CONDITIONS
Last Updated: April 12, 2019
THESE TERMS AND CONDITIONS GOVERN YEAR OF DOOM REWARDS PROGRAM (THE “PROGRAM”). THE ABILITY TO USE THE REWARDS REQUIRES PURCHASE OF DOOM® ETERNAL.
PLEASE READ THESE TERMS AND CONDITIONS AND THE RELATED ZENIMAX MEDIA TERMS OF SERVICE LOCATED AT https://www.zenimax.com/legal_terms AND THE ZENIMAX MEDIA ONLINE PRIVACY NOTICE LOCATED AT https://www.zenimax.com/legal_privacy, (BOTH OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE) BEFORE PARTICIPATING IN THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER INCLUDED IN SECTION 15 OF THE TERMS OF SERVICE. THIS AFFECTS YOUR RIGHTS ON HOW TO RESOLVE DISPUTES WITH BETHESDA SOFTWORKS LLC IF YOU RESIDE IN A JURISDICTION OUTSIDE OF THE EUROPEAN ECONOMIC AREA (“EEA”)/SWITZERLAND/NEW ZEALAND AND QUEBEC (CANADA). IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THESE TERMS AND CONDITIONS AND THE TERMS OF ANY OTHER POLICIES INCORPORATED HEREIN, THESE TERMS AND CONDITIONS WILL PREVAIL, GOVERN AND CONTROL WITH RESPECT TO ANY MATTERS PERTAINING TO THE PROGRAM AND THE OTHER POLICIES WILL PREVAIL, GOVERN AND CONTROL WITH RESPECT TO ALL OTHER MATTERS.
RESIDENTS OF AUSTRALIA, AUSTRIA, BRAZIL, ITALY, POLAND, QUEBEC (CANADA) AND SPAIN ARE NOT ELIGIBLE TO PARTICIPATE IN SWEEPSTAKES.
1.1 The Program is an electronic rewards program operated by or on behalf of Bethesda Softworks LLC, a ZeniMax Media Company (“Bethesda”). The Program provides eligible Bethesda.net account holders who register for the Program (“Members” or “you”) with the opportunity to earn “Points” by participating in various activities, some of which are described below. You can redeem your Points from time to time for various “Awards” as set forth below. These Terms and Conditions govern the Program along with any other terms or policies incorporated by reference into these Terms and Conditions. In the event of any conflict or inconsistency between these Terms and Conditions and the terms of any other policies incorporated herein, these Terms and Conditions will prevail, govern and control with respect to any matters pertaining to the Program and the other policies will prevail, govern and control with respect to all other matters. Please read these Terms and Conditions carefully before participating in the Program. Your participation in the Program indicates that you have read, understood, and unconditionally consent and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms Bethesda or any other person or entity, as determined by Bethesda in its sole reasonable discretion.
2.1 The Program is open only to Bethesda.net account holders who are legal residents of the fifty (50) United States and the District of Columbia, Australia, Austria, Canada, Czech Republic, Belgium, Brazil, Denmark, Finland, France, Germany, Hungary, Ireland, Italy, Mexico, the Netherlands, New Zealand, Norway, Poland the Russian Federation, Spain, Sweden, Switzerland, and the United Kingdom, and who register to participate in the Program. Registration is free. Any person whose access to Bethesda.net or any of the products or services offered by Bethesda has been terminated or suspended by Bethesda is NOT eligible to participate. To participate in the Program, go to https://slayersclub.bethesda.net/en/entitlement, submit the information requested on the registration page and confirm your agreement to these Terms and Conditions. Once you complete and submit all of the registration information, a Program account (each, an “Account”) will be created for you and linked to your existing Bethesda.net account. If you do not have a Bethesda.net account, you can create one for free at: https://bethesda.net. All registration information must be completed in full. Accounts can only be used by the Member whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password. Limit one (1) Account per person. You cannot have more than one Account. Bethesda may, at any time, require you to verify your name and address by means of faxing or mailing to Bethesda a copy of your driver's license, passport, or other form of identification approved by Bethesda, in addition to providing Bethesda with a signed statement of legitimacy; and Bethesda may automatically require such verification in the case of multiple accounts from the same address, household, computer or IP address. If you attempt to obtain more than one Account, all Points in your Account may be forfeited, and Bethesda may, at its sole reasonable discretion, terminate your membership and permanently ban you from participating in the Program. Officers, directors and employees of Bethesda and its parent, subsidiaries, divisions and affiliates, (each, a “Program Entity”, and collectively, the “Program Entities”) are not eligible to participate in the Program. Additional or different eligibility criteria may apply to certain opportunities to earn or use Points, including sweepstakes, and other invitations made by the Program Entities or their business partners. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Points for combined use, unless such use is expressly permitted by Bethesda. Participation in the Program constitutes your permission and consent for the Program Entities to use and publish your first and last name, username, photograph, likeness, voice, biographical information, statements, address (city and state/province) and a description of any rewards won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity (except where a perpetual grant would be prohibited, in which case it will be five (5) years), without further compensation. You are entitled to withdraw this permission and consent at any time by following the procedure outlined in the ZeniMax Media Online Privacy Notice located at: https://www.zenimax.com/legal_privacy.
3. EARNING POINTS.
3.1 There are many ways to earn Points in the Program. The Program may also award more than one type or “class” of Points. The number of Points and the type or “class” of Points that can be earned by participating in any opportunity to earn Points will be disclosed when the opportunity is presented. Some of the ways Members may be able to earn Points include the following (subject to change):
3.1.1 Creating Your Account
You can earn Points by completing and submitting your registration information on Bethesda.net
3.1.2 Logging Into Your Account
You can earn Points by logging into your account at least one time per day.
3.1.3 Trivia Questions
From time to time, a “Trivia Question” may be featured in connection with the Program. The number of Points that can be earned by correctly answering the Trivia Question will be disclosed when the question is presented. Program Members will have one (1) opportunity to answer each Trivia Question. The Trivia Question may be susceptible to more than one correct answer, but only the answer designated as the correct answer by Bethesda will be accepted as the winning answer for purposes of the Program.
3.1.4 Interacting with content on Bethesda.net
From time to time, Bethesda may allow Members to earn points by interacting with certain content on Bethesda.net. These activities could include watching videos, reading articles, or viewing photos or other images. Only the content designated by Bethesda, during the period specified on Bethesda.net will cause Members to earn points. Earning Points by interacting with content may be subject to certain additional limitations or restrictions that could limit the number of times a Member is permitted to earn points by interacting with certain content, which limitations or restrictions will be specified by Bethesda.
4. POINTS REDEMPTION.
A. Eligibility Restrictions: NOT ALL MEMBERS ARE ELIGIBLE TO PARTICIPATE IN SWEEPSTAKES. Only legal residents of the following jurisdictions, who are at least 18 years of age or older or the age of majority in their jurisdiction of residence, whichever is older, are eligible to participate in sweepstakes offered in connection with the Program, if any: fifty (50) United States and the District of Columbia, Canada, excluding residents of the province of Quebec, Belgium, Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, Mexico, Netherlands, New Zealand, Norway, the Russian Federation, Sweden, Switzerland, and the United Kingdom. Residents of the Netherlands are only eligible to win up to €100,000 in prizes per calendar year; once this threshold is met, residents of the Netherlands will not be eligible to participate in the Sweepstakes. Additional eligibility restrictions may apply. See official rules for each sweepstakes offered in connection with the Program, if any. RESIDENTS OF AUSTRALIA, AUSTRIA, BRAZIL, ITALY, POLAND, QUEBEC (CANADA) AND SPAIN ARE NOT ELIGIBLE TO PARTICIPATE IN SWEEPSTAKES.
B. Sweepstakes: From time to time, the Program may invite eligible Members to enter into a sweepstakes (each, a “Sweepstakes”). General information about each Sweepstakes and any specific rules (the “Official Rules”) that apply to such Sweepstakes will be communicated via Bethesda.net or a website or social networking page established to promote and administer the Sweepstakes (each referred to herein, solely for ease of reference, as a “Promotional Website”). The Official Rules will specify the beginning and end dates of each Sweepstakes (the “Sweepstakes Period”). To participate, eligible Members must opt in to each Sweepstakes by clicking the red button that says “Enter this Giveaway” on the Promotional Website. If you do not opt in, you will not be entered in the Sweepstakes. At the end of each Sweepstakes Period, the points earned by each eligible Member that has opted in to the Sweepstakes will be automatically redeemed for sweepstakes entries (“Sweepstakes Entries”) in accordance with the Official Rules applicable to the particular Sweepstakes. Eligible Members will receive one (1) Sweepstakes Entry for every twenty (20) Points that an eligible Member earns through the Program during the particular Sweepstakes Period for which the member has opted in. At the end of the Sweepstakes Period, the Points that you earned during the Sweepstakes Period will be automatically added together and participants will be given the number of Entries that corresponds to the total number of Points earned during the Sweepstakes Period divisible by twenty (20); any additional Points that are not divisible by twenty will not be counted towards Entries into the Sweepstakes and remaining points will not be rounded up. Please refer to the Official Rules for each Sweepstakes conducted in connection with the Program for Sweepstakes Period, eligibility restrictions, prize information, and other terms and conditions. The Official Rules for each Sweepstakes are hereby incorporated into these Terms and Conditions by this reference.
4.2 GAMIFICATION: The lifetime total number of Points earned by each Member during the term of the Program will be calculated to provide members with in-game reward codes (“Codes”) based on meeting a stated minimum threshold number of points. Members will be automatically notified when they have reached the threshold level of points to advance to the next level or when they are eligible to receive Codes. Redemption of Codes requires purchase of DOOM® Eternal. The lifetime total of points will not be depleted by participating in monthly Sweepstakes, if the Member is eligible to participate in Sweepstakes. “Awards” means Sweepstakes Entries (for eligible Members only) and Codes, collectively. Codes and any goods that can be obtained through their redemption have no retail value.
4.3 Points will expire if not used by the Termination Date as defined below. You may view your current earned Points and their expiration date by logging onto your Account. The expiration date for Points will be disclosed when the Points earning opportunity is presented. Bethesda, in its sole reasonable discretion, may impose a limit on the number of Awards in the aggregate or by type that may redeemed per Account, per day, per Award or per any other generally-applicable metric that may be selected by Bethesda from time to time in its sole reasonable discretion.
4.4 Awards are subject to availability as determined by Bethesda in its sole reasonable discretion. Bethesda reserves the right to modify, amend or revise the Awards available. Members may not rely on continued Award availability. The number of Points required to redeem any Award may be substantially increased, any Award may be withdrawn, and restrictions on any Award or its redemption may be imposed by Bethesda or its designee or the third party business partner supplying the Award. Awards are non-assignable and non-transferable and may not be bartered or sold. Any Awards assigned, transferred, bartered or sold in violation of these Terms and Conditions may be confiscated or cancelled. Bethesda reserves the right to substitute Awards of comparable or greater value if any redeemed Award becomes unavailable for any reason.
4.5 All details and restrictions of the Awards not specified at the time the redemption opportunity is presented will be determined by Bethesda in its sole reasonable discretion. Members shall be solely responsible for all federal, state/provincial, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with an Award. Winners are also responsible for reporting any winnings to their tax authorities, where required by applicable law. If required by law, as determined by Bethesda in its sole reasonable discretion, Bethesda reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
4.6 Points have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Points obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Points may be confiscated or cancelled. Points must be redeemed in accordance with these Terms and Conditions. Points will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. If the Program includes tiers that provide the Member with benefits based on meeting a stated minimum threshold number of Points (each such tier, if any, referred to as “Points Level”), you should know that Points Levels are subject to change. Bethesda, in its reasonable discretion and without notice to you, reserves the right to change, modify, withdraw or cancel any Points Level. Bethesda also reserves the right, in its sole reasonable discretion, to determine and modify, at any time, the value of Points and the number of Points that may be earned for any given activity. Points cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion. Once you have redeemed your Points, they are gone and there are no refunds, returns or exchanges for additional Points, cash, or other goods and services, even if you return the merchandise or other item(s) that your Points were redeemed toward.
5. MODIFICATION AND TERMINATION.
5.1 Bethesda may modify any of these Terms and Conditions, including, but not limited to, the methods through which Points can be earned, how Points can be used, the types or “classes” of Points available, and the conditions under which Points may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member's ability to use the Points that he/she has already earned.
5.2 The Program will begin on April 1, 2019 and will continue until Bethesda terminates the Program (the “Termination Date”). Bethesda may, in its reasonable discretion, modify or terminate the Program prior to the Termination Date, in whole or in part, at any time and for any reason or no reason at all, with notice on the Website and/or via email to the Member's email address currently on file with Bethesda for their Account.
5.3 If Bethesda amends these Terms and Conditions, it will revise the “last updated” date located at the top of these Terms and Conditions. For changes to these Terms and Conditions that Bethesda considers to be material, Bethesda will place a notice on the Website by revising the link on the home page to read substantially as “Updated Program Terms and Conditions” for an amount of time that we determine in our discretion. If you continue to participate in the Program by earning Points, redeeming Points, logging onto your Account or in any other way after these Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions of these Terms and Conditions.
5.4 If Bethesda decides in its sole reasonable discretion to discontinue the Program prior to the Termination Date, Members will have approximately thirty (30) days or an amount of time deemed reasonable by Bethesda in its sole reasonable discretion from the date Program termination is announced to redeem their remaining Points. Redemption of any remaining Points will be on a first come, first serve basis and otherwise subject to the availability of Awards. Members may not rely on continued Award availability. Bethesda makes no representation or warranty about the number or type of Awards that may be available after Program termination has been announced, and many Awards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announce. Any Points remaining in a Member's Account at the time of termination will be forfeited and no compensation will be provided. Bethesda may cancel your membership, cancel accumulated Points, alter the number of Points in your Account or suspend your membership privileges at any time with immediate effect if Bethesda determines in its sole reasonable discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Terms and Conditions; (d) engaged in any fraud or abuse concerning Points, Points usage or Points redemption; or (e) engaged in any conduct or act that causes Bethesda to terminate or suspend your access to the Website. Bethesda may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms and Conditions shall limit Bethesda in its exercise of any legal or equitable rights or remedies. In the event of modification of the Program, Members are permitted to withdraw from the Program.
5.5 Bethesda reserves the right to terminate the membership of any Member whose Account becomes dormant. Bethesda will attempt to contact the Member before terminating the account using the email address provided at the time of sign up. An Account will be considered dormant if the Account holder fails to log onto his or her Account for six (6) months or with such regularity deemed sufficient by Bethesda and announced from time to time on the Website. Bethesda in its sole reasonable discretion may allow Members to prevent their Points from expiring by following Bethesda's instructions.
6. GENERAL TERMS AND CONDITIONS.
ACCRUED POINTS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS ARE CREDITS THAT BETHESDA MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in his/her Account is accurate and is kept current. If a Member believes that his/her Account does not properly reflect Points earned from engaging in any activities, the Member must contact Bethesda to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Bethesda reserves the right to seek damages from any such person to the fullest extent permitted by law. Bethesda's failure to enforce any of these Terms and Conditions shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual's eligibility for the Program, the earning, crediting or use of Points, or a Member's compliance with these Terms and Conditions will be resolved by Bethesda in its sole reasonable discretion.
7. PROGRAM MALFUNCTIONS AND CONDUCT.
7.1 The Program Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points. In no event will Program Entities be liable for, and members expressly release the Program Entities from any claims as to the issuance of any unintended Points. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Bethesda which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Bethesda reserves the right in its sole reasonable discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Bethesda deems appropriate. In the event Bethesda is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state/provincial or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Bethesda's control (each a “Force Majeure” event or occurrence), Bethesda shall have the right to modify, suspend, or terminate the Program, in whole or in part.
7.2 Any attempts by any Member to access the Program or a Promotional Website via a bot script or other brute-force attack shall result in that Member becoming ineligible to participate in the Program. Bethesda, in its sole reasonable discretion, reserves the right to disqualify and terminate participation of any Member found to be (i) tampering with the operation of the Program or the Promotional Website (ii) acting in violation of these Terms and Conditions (iii) violating the Terms and Conditions of the Website (iv) acting in an unethical or disruptive manner (v) acting with intent to annoy, abuse, threaten or harass Bethesda, its representatives or any other Member in any manner related to the Program (vi) or tampering with, altering, or attempting to alter Points standings, (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Points, or (viii) colluding or attempting to collude with one or more Members to gain an unfair advantage by sharing knowledge or other information in order to earn Points.
8. LIMITATION OF LIABILITY.
8.1 This Program is provided on an “AS IS” basis and without warranty, guaranty, condition or representation of any kind, expressed or implied, including without limitation, any implied representation, warranty, guaranty, or condition of merchantability, fitness for a particular purpose and non-infringement. Bethesda is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of Award. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless the Program Entities, from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member's Account by any third party.
Users in New Zealand: The Consumer Guarantees Act 1993 provides you with certain rights, including guarantees as to acceptable quality and fitness for purpose. Nothing in these conditions is intended to limit or replace any of your rights under the Consumer Guarantees Act 1993.
Users in Quebec, Canada: Quebec’s Consumer Protection Act (CQLR c P-40.1) provides you with certain rights, including guarantees as to acceptable quality, accurate description and against hidden defects. Nothing in these conditions is intended to limit or replace any of your rights under the Consumer Protection Act (CQLR c P-40.1).
8.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT BETHESDA HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT”.
Users in Austria: Nothing in these Terms and Conditions shall limit the liability of Program Entities for gross negligence or wilful misconduct, for any damages arising from death or personal injury, or for any damages subject to product liability under the Product Liability Act (Produkthaftungsgesetz). The Program Entities shall otherwise not be liable for any damages arising from slight negligence of the Program Entities or their staff or employees, or for any incidental or consequential damages (Folgeschäden) not expressly covered by Austrian tort law.
Users in New Zealand: Where the Program Entities have not complied with their obligations under the Consumer Guarantees Act 1993 they may be liable for any loss or damage resulting from the failure to comply so long as the loss or damage was reasonably foreseeable. The Program Entities may also be liable for loss or damage to your property that results from intentional conduct or the gross negligence of staff or employees of the Program Entities. Other than as described in this paragraph, the Program Entities are not liable to you for any losses, damage, costs, distress or inconvenience suffered by you or any other person; or loss or damage to any property; or for any losses, damages, costs, distress or inconvenience as a result of a service disruption.
Users in Quebec, Canada: Nothing in these Terms and Conditions shall limit the liability of Program Entities with respect to the consequences of their own acts or the acts of their representatives.
8.3 Notwithstanding any other provision of these Terms and Conditions, in the event there is a direct conflict between these Terms and Conditions and either the Website's or applicable Promotional Website's Terms and Conditions or the Website's or applicable Promotional Website's Online Privacy Notice, these Terms and Conditions will govern, control and prevail as to the Program, including but not limited to those Terms and Conditions dealing with limitation of liability, arbitration, governing law and jurisdiction.
9.1 Bethesda and its authorized agents will collect, use, disclose and otherwise process the personal information you provide when you sign up for the Program as set forth in the ZeniMax Media Online Privacy Notice: https://www.zenimax.com/legal_privacy, and in particular for the purposes of administering the Program, Award fulfillment, recordkeeping and for compliance with our legal obligations in all jurisdictions in which the Program is available. By registering for the Program, you understand and acknowledge that your personal information will be used for these purposes and as set forth in the ZeniMax Media Online Privacy Notice. You also have certain rights regarding our processing of your personal data under certain circumstances (which may include the rights of access, portability, correction, deletion, objection and restriction); for information about your rights and how to exercise them please consult the ZeniMax Media Online Privacy Notice or contact us at: email@example.com.
Transfers to the United States. The Websites and the personal information you submit (as detailed in these Terms and Conditions) will be hosted and processed, for the purposes described above, on servers in the United States, where the Program Entities are located, and the personal information you provide may therefore also be subject to the laws of the United States, which may not provide the same type or level of data protection as the laws in your country. The Program Entities take steps to ensure that personal data transferred outside your home jurisdiction is subject to adequate safeguards as set forth in the ZeniMax Media Online Privacy Notice (to request information about these safeguards or privacy practices, contact us as set forth in the ZeniMax Media Online Privacy Notice: https://www.zenimax.com/legal_privacy).
Users outside the European Economic Area and Switzerland: By registering for the Program, you acknowledge that you understand and agree to the ZeniMax Media Online Privacy Notice. By participating in the Program, each user agrees to Program Entities’ use of his/her name, city/state/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity that the Program Entities may conduct relating to the Program in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Aggregate and anonymized Program information may be used by the Program Entities to communicate about the Program to its retailers and distributors.
Users in the European Economic Area and Switzerland: ZeniMax Media Inc. is the data controller for your personal information. The legal basis for our processing of your personal data relating to the Program is (1) the performance of our agreement with you, including as necessary to administer the Program and for Award fulfillment purposes (Article 6(1)(b) of the General Data Protection Regulation (“GDPR”)); (2) in compliance with applicable laws, including to satisfy mandatory recordkeeping requirements and as necessary for compliance with our legal obligations under EU, Swiss and other laws in the jurisdictions in which we make the Program available (Article 6(1)(c) of the GDPR); (3) our legitimate business interests (including running the Program for promotional purposes and maintaining appropriate business records (Article 6(1)(f) of the GDPR)), and (4) as necessary to establish, protect or defend our legal rights (such as in the event of any litigation or legal claims involving the Program (Article 6(1)(f) of the GDPR). By registering for the Program you acknowledge that you have read and understood the ZeniMax Media Online Privacy Notice (https://www.zenimax.com/legal_privacy), which explains how your personal information related to the Program is processed. If you refuse to provide any personal data to us that is marked as mandatory during the registration process, you will not be able to create an Account. Your personal data will be retained for as long as necessary for the administration of the Program, to contact users and allocate Awards, and, where applicable, for the duration of the publicity release, as well as for an additional period of time in order to ensure that it is available in the event of a litigation or dispute for the applicable statute of limitations, or for as long as required by applicable laws.
9.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
10. DISPUTE RESOLUTION.
THE ONLINE TERMS OF SERVICE THAT ARE INCORPORATED INTO THESE PROGRAM TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES, WHICH ARE APPLICABLE TO ALL MEMBERS OF THE PROGRAM THAT RESIDE OUTSIDE OF THE EEA, SWITZERLAND, AND NEW ZEALAND. SEPARATE DISPUTE RESOLUTION TERMS APPLY TO RESIDENTS OF THE EEA, SWITZERLAND, QUEBEC (CANADA) AND NEW ZEALAND.
For Residents of the EEA Only: This choice of governing law and jurisdiction (including this Arbitration Agreement and waivers) does not deprive you of the protection afforded to you under your own laws and such provisions that cannot be derogated from by agreement by virtue of the law of your jurisdiction and which is enforced or upheld in a Court or forum other than arbitration.
For Residents of Austria Only: You are also entitled to have disputes arising out of your use of the Program or these Terms of Conditions settled through alternative dispute resolution, provided that the dispute fulfills the requirement thereof (for example requirements pertaining to time and value). We undertake to contribute to alternative dispute resolution with consumers under the law on alternative dispute resolution in consumer relations. Relevant body for dispute resolution in Austria is: Verbraucherschlichtung Austria, Mariahilfer Straße 103/1/18, 1060 Vienna; www.verbraucherschlichtung.at/
For Residents of Sweden Only: You are also entitled to have disputes arising out of your use of the Program or these Terms of Conditions settled through alternative dispute resolution, provided that the dispute fulfills the requirement thereof (for example requirements pertaining to time and value). We undertake to contribute to alternative dispute resolution with consumers under the law on alternative dispute resolution in consumer relations. Relevant body for dispute resolution is: Allmänna reklamationsnämnden, Box 174, 101 23 Stockholm, www.arn.se.