Overwatch Terms and Conditions

TERMS AND CONDITIONS

FOR PARTICIPATION IN THE ARIZONA X OVERWATCH® 2 PROMOTION

GENERAL INFORMATION
1. The AriZona x Overwatch® 2 Promotion (the " Promotion") is offered and managed by AriZona Europe Coöperatief U.A., Bear Field B.V. and Bear Field Services B.V. with their registered office in Amsterdam (Herengracht 514, 1017 CC), in the Netherlands (Dutch Ch. Of Comm. no. 50699814, no. 50573780 and no. 62265628) (referred to as " AriZona", " we" or " us") pursuant to the requirements found at the Promotion's website www.arizona-gaming.de (the " Site") and these terms and conditions (the " Terms and Conditions") (collectively, the " Terms").
2. You agree to these Terms, which are a contract between you and AriZona, so read them carefully before entering. Participating in and submitting an entry will be taken to mean acceptance of these Terms by you (hereinafter referred to as " you" or " Participant"). If you do not agree to comply with any of these Terms, do not enter a Code (as defined below) on our Site.
3. The promotion starts on 01-08-2023, 12:00 and ends on 31-03-2024, 23:59. By participating in the Promotion, participants agree to these terms and conditions.
PARTICIPATION
1. Participation is open to legal residents in Germany who are at least 16 years old at the time of entry. Further, in order to enter in the Promotion, you agree to the Terms and accept these Terms by checking the box "I have read, understand, and agree to the Terms & Conditions".
2. Participation is by purchasing AriZona Beverages products during the promotion period. Each product will have a unique alphanumeric code (" Code") inside the bottle's cap.
3. To participate, participants must visit the website by scanning the QR code on the Limited-Edition Overwatch 2 bottles or by going to the campaign website www.arizona-gaming.de and enter the Code found under the cap of the purchased AriZona Beverage product (the "Submission(s)").
4. Every Code is a winning Code, and Participants will win one of the Guaranteed Prizes (as defined below) upon entering the Code on the website. Guaranteed Prizes will be promptly delivered on the website. Each participant may enter additional Codes during the promotion period to claim different Guaranteed Prizes. Participants that enter a Code after having claimed all available Guaranteed Prizes will receive a duplicate Guaranteed Prize.
5. In addition, each participant will have a chance to win one of the Special Prizes (as defined below). At eEach end of the month during the promotion, AriZona will pick 6 winners among all participants who have submitted at least one Submission during the previous month, totalling to 30 Special Prize winners over the Term. Each participant may use multiple Codes to enter multiple Submissions during the same month and increase their chances of winning a Special Prize. Special Prize winners will be randomly selected by AriZona using a random selection tool. The winner will be contacted via email by AriZona within 30 days from their selection. Digital Special Prizes will be delivered to winners by email.The winner may be required to provide AriZona with the necessary personal data and other information to arrange delivery of the physical Special Prize. If the winner does not provide the necessary information within 48 hours, AriZona will be entitled to select alternative winners randomly from among the other participants. If proof of age is requested, and if satisfactory proof of age is not received, AriZona reserves the rights to choose another winner.
6. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of AriZona or their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest and advertising, promotion, and public relations agencies, as well as any other entity participating in the design, administration, or fulfilment of the Promotion (collectively, the " Released Parties") are not eligible to participate. In this context, "family member" is defined as any spouse, domestic partner, parent, legal guardian, sibling, child, legal ward, grandparent, grandchild, or the spouse or domestic partner of any such person.
7. The process of code activation on www.arizona-gaming.de involves the following steps. Each participant can enter the code found on the lid. Once entered, this code is transmitted to a server. To ascertain its validity, the code is cross-referenced in the server´s database. If the code is not present or has already been used, the user receives an error message. If the code is valid, a further check is conducted based on the participant's provided email address. This determines whether the user has participated in an activation before. If the participant is new, a random OW2 code is assigned. If the user has participated in an activation before, a code will be generated for an item they haven't obtained yet. In case a user has participated ten times already, they are assigned a random item again.To prevent reuse, the entered lid code are marked as "used" in the server´s database. If there is a server error during the process, the participant's lid code remains valid to allow for another attempt. This meticulously designed process ensures that users have fair chances to activate their codes and receive corresponding rewards.
PRIZES
1. "Guaranteed Prizes" are Battle.net® codes for one of the following in-game digital items for the videogame "Overwatch 2"
  1. Legendary Skin – Captain Amari - Ana
  2. Rare Skin – Royal Blue - Tracer
  3. Victory Pose #1 – Toast - Reinhardt
  4. Victory Pose #2 – Toast – Soldier: 76
  5. Player Icon #1 – Kiriko – Kiriko
  6. Player Icon #2 – Genji -Genji
  7. Voice Line #1 - Take Care Of Yourself - Mercy
  8. Voice Line #2 - Cold As Ice - Hanzo
  9. Voice line #3 - Try And Keep Up - D.Va
  10. Spray #1 – Tea Time - Ana
2. "Special Prizes" are (each month): one (1) Xbox Series S and five (5) Battle.net codes for activating the Overwatch 2 Invasion Bundle in-game digital content.
3. Overwatch 2 in-game items and the Overwatch 2 Invasion Bundle in-game digital content can be redeemed by entering the Battle.net codes at the following address: battle.net/code. Only one of each of the in-game items can be redeemed per Battle.net account. A Battle.net account is required to redeem Overwatch 2 in-game items and the Overwatch 2 Invasion Bundle in-game digital content. The Battle.net account creation page is available here: account.battle.net/creation/flow/creation-full. Battle.net account creation requires acceptance of Blizzard's End User Licence Agreement, Chat Agreement, Anti-cheating Agreement and Privacy Policy. An internet connection is required to download and play Overwatch 2. Participants may contact Blizzard's customer support for queries on Overwatch 2 in-game items/content redemption through the following page: https://eu.battle.net/support/en/help/.
4. AriZona reserves the right to substitute a prize of equal or greater value for any reason..
5. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize. All taxes (if applicable in Your jurisdiction) and other expenses not specified in these Terms as being covered as part of the prize are the sole responsibility of each Participants.
6. AriZona will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a Participant because of an incorrect or changed email address or other contact information. No more than the stated prize will be awarded.
7. All prize details not specified in these Terms will be determined in AriZona's sole discretion.
PRIVACY
1. Except as otherwise stated in these Terms, personal information collected in connection with the Promotion will be used in accordance with the Privacy Policy available on the Site and with the consent given by Participant at the time of entry. AriZona collects personal information in order to conduct the Promotion. Participant's personal data will be used for the following purposes: delivery of prizes to Participants;. You have a right of access to, modification and withdrawal of Your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to AriZona. The data controller is AriZona. The recipient of the data is AriZona. You should direct any request to access, update or correct information to AriZona. Please note that by participating in the Promotion and accepting these Terms, you acknowledge and consent to the use of your data as set out above and that your personal data may be transferred and stored in the United States.
LIABILITY AND TERMINATION
1. Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms would contravene any stature or cause any part of these Terms to be void ("non-excludable guarantees"). Subject to the limitations in the preceding sentence, AriZona excludes from these Terms all conditions, warranties and terms implied by statute, general law or custom except for liability in relation to a non-excludable guarantee. Each Participant agrees that the prizes are 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, beyond any non-excludable guarantees. Furthermore, the Released Parties are not responsible in any way for any additional expenses, omissions, delays, or rerouting resulting from any acts of any government or authority. .
2. To the extent permitted by applicable law, Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, Participant or by human error Submissions made by illegitimate means (such as, without limitation, by an automated computer program) or Submissions made in excess of any stated limits; any lost, late, incomplete, illegible, mutilated, or misdirected e-mail, mail, or Promotion-related correspondence or materials; 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 Terms, in any Promotion-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; or Submissions. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant's e-mail account to receive e-mail messages. Released Parties are not responsible for any changes or unavailability of the Site that may interfere with the Promotion or ability of the Participant to timely participate, receive notices or communicate with AriZona, in which case AriZona, in its sole discretion, may terminate or modify the Promotion. Without limiting any other provision in these Terms, Released Parties are not responsible, or liable to Participant or any person claiming through Participant, for failure to supply the applicable prize or any part thereof in the event that the Promotion's activities or the Released Parties' operations or activities are affected by any cause beyond AriZona's reasonable control, as determined by the AriZona 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, labour dispute or strike (whether legal or illegal), labour 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, provincial or local government authority, or any other cause, whether or not specifically mentioned above (" Force Majeure"). Any attempt by Participant or any other individual to deliberately damage the Site or undermine the legitimate operation of the Promotion is a violation of criminal and/or civil laws and should such an attempt be made, AriZona reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
3. By participating in this Promotion, subject to any non-excludable guarantees, Participant agrees to release, hold harmless and indemnify AriZona and Released Parties against any and all liability, loss, damage, expense, claims or actions of any kind whatsoever in connection with Participant's Submission or in the Participant's receipt, possession, ownership or use of any prize awarded in connection with the Promotion and/or participating in any prize-related activity with respect to or in any way arising from a promotion and/or acceptance or use of any prize. However, this release, hold harmless and indemnification does not apply to cases of bodily injury or loss of life or to the extent that any death or personal injury is caused by the negligence of AriZona which liability to the injured party cannot be validly limited or excluded by law.

AriZona shall be liable without limitation insofar as the cause of the damage is based on intention or gross negligence. Furthermore, AriZona shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the participant regularly relies (cardinal obligations). In this case, however, AriZona shall only be liable for the foreseeable damage typical for the contract. AriZona shall not be liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences. The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

Except as prohibited by law, AriZona reserves the right to terminate the Promotion in the event of Force Majeure or other failures or difficulties. If, for any reason, the Promotion is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other Force Majeure, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of the Promotion, AriZona may, in its sole discretion, (i) void any suspect Submission; or (ii) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Terms. AriZona reserves the right to suspend or modify the Promotion at any time without notice or obligation and award the prizes based on submissions (if any) prior to modification or suspension or as otherwise deemed fair and appropriate by AriZona. If such modification or suspension occurs, AriZona will make a commercially reasonable effort to post notice of such on the Site.
Although some of the prizes for the Promotion have been provided by Activision Blizzard UK Ltd., the Promotion is in no other way sponsored, endorsed, organized or administered by Activision Blizzard UK Ltd. or any of its affiliates and you completely release them from all obligations and liabilities in connection with the Promotion. The Overwatch names, logos, and/or materials are used for purposes of promotion and/or prize descriptions only and such use is not intended to suggest or imply Blizzard's sponsorship of the Promotion.
1. MISCELLANEOUS
Under no circumstances shall any Submission, the awarding of a prize or anything in this Promotion be construed as an offer or contract of employment with AriZona or any of its affiliates. You understand and agree that AriZona may, but is not obligated to, contact you regarding a possible transaction or other business relationship between the AriZona and you.
All decisions of AriZona are final and binding on all matters relating to the Promotion, including interpretation of these Terms, and awarding of the prizes.
Subject to applicable law, AriZona reserves the right to change these Terms at any time. AriZona will communicate changes to these Terms by posting the new version on Our Site here, or as otherwise determined by AriZona in its sole discretion, at which time such updated Terms will be immediately effective (unless prohibited by applicable law). Participant's continued participation in the Promotion after such notification of changes will constitute Participant's acceptance of any and all such changes. No modification or amendment to these Terms proposed by Participant will be effective unless set forth in a written document executed by a duly authorized representative of AriZona.
The invalidity or unenforceability of any provision of these Terms shall 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 Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
The headings of the paragraphs in these Terms are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of AriZona, the scope of these Terms, or the intent of any paragraph hereof. AriZona's failure to enforce any term of these Terms shall not constitute a waiver of that provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and/or these Terms (including any alleged discrepancy or inconsistency in these Terms), it will be resolved in the AriZona's sole discretion. AriZona is not responsible for any electronic or typographical error in the printing or reproduction of these Terms, administration of the Promotion or in the announcement of any the prizes. Proof of sending or submission will not be deemed to be proof of receipt by AriZona.
In case of complaints or disputes send notice to AriZona info@drinkarizona.eu.

The Promotion is organised and run under Dutch German law. Any dispute arising under or related to the Promotion (whether for breach of contract, tortious conduct or otherwise) will be governed by Dutch German law. Any legal actions, suits or proceedings related to the Promotion (whether for breach of contract, tortious conduct or otherwise) will be brought non-exclusively to the German Dutch courts located in Amsterdam, the Netherland, or the Court where the domicile/residence of the Participant is located and Participant accepts and submits to the personal jurisdiction of this court with respect to any legal actions, suits or proceedings arising out of or related to the Promotion.