Terms and Conditions - HTC VIVE Halloween Gift Promotion

Full Terms and Conditions (“Terms and Conditions”) for the HTC VIVE Halloween Gift Promotion

Last updated: 10/27/2020

1. This Promotion is only open to legal residents of the United Kingdom, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Germany, Denmark, Estonia, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Republic of Cyprus (Turkish Republic of Cyprus not included), Romania, Serbia, Slovakia, Slovenia, Spain, Sweden and Switzerland aged 17 or over.
2. Promotion Period (“Promotion Period”): 00:01 GMT on the 27th October 2020 to 23.59 GMT 1st November 2020. Whilst stocks last.
3. Purchase necessary. Internet access and a valid HTC account is required.
4. To Participate: Purchase a Participating Product (as detailed in clause 6) online at www.vive.com or from an authorised reseller to receive a Gift.
5. Maximum one Gift per each purchase of a Participating Product permitted throughout the Promotion Period.
6. Participating Products:
   a) VIVE Cosmos
   b) VIVE Cosmos Elite
   c) VIVE Cosmos Elite Headset
   d) VIVE Pro Starter Kit
   e) VIVE Pro Full kit
   f) VIVE Pro Headset
   g) VIVE Pro Eye
   Refurbished products are not included in this promotion.
7. All purchases must be made by the end of the Promotion Period to be valid and the digital code included in the box must be redeemed by 23.59 GMT 20th November 2020.
8. The Gift (“Gift”): All valid participants who make a qualifying purchase as per Clause 4 shall receive the following in Viveport:
   a) Arizona Sunshine
   b) Five Nights at Freddy's VR: Help Wanted
   c) Paranormal Activity: The Lost Soul
   d) 2 x Month Viveport Infinity membership.
9. To Redeem Gift: Within the Participating Product box there is one digital code. This code must be redeemed at www.vive.com/code by 23.59 GMT on the 20th November 2020. Once this code is added, the relevant gift will be displayed and you can follow the on-screen instructions to complete the redemption. The in-box code will also offer a free 2 months Viveport Infinity membership, which you can activate by adding your credit card details.
10. Please note that when the limited time Free Viveport INFINITY membership ends, you will be billed for your first full month of Viveport Subscription at the usual monthly rate. If you do not wish to be charged or if you do not wish to continue your Viveport Subscription you must unsubscribe from the service before your trial subscription ends.
11. If the purchased Participating Product is returned, the participant will also be required to return the Gift received.
12. The Promoter and any approved third-party suppliers shall only use any personal information obtained in relation to the participation and administration of this Promotion. Participants will be required to enter some personal information such as date of birth (for participants other than Germany residents) or identification number (for Germany residents) prior to participation into this Promotion solely to allow the Promoter to verify the participants’ age in accordance with the applicable laws. Such personal information obtained for age verification purpose will be deleted after the verification is completed. The use of any personal information shall be in compliance with the Promoter’s Data Privacy Policy available at www.htc.com/uk/terms/privacy/ .
13. Gifts are accepted entirely at the risk of the participants and the Promoter excludes all warranties in connection with any Gift. The Promoter is not liable for any additional costs relating to the acceptance of a Gift or any add-ons required.
14. Where a participant chooses not to accept a Gift, they forfeit any and all claims to that Gift.
15. Gifts are not transferable, are not exchangeable and may not be redeemed for cash in whole or in part. In the event of unforeseen circumstances, the Promoter reserves the right to substitute the Gift for an alternative of equal or greater value.
16. No responsibility shall be taken by the Promoter for any participation misdirected, lost, delayed as a result of any network, computer hardware or software failure of any kind or received after the closing date of the Promotion.
17. All decisions made on or on behalf of the Promoter shall be final and binding. No discussion or correspondence shall be entered into by the Promoter concerning any decisions made by the Promoter.
18. The Promoter is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Gift. Nothing in the Terms and Conditions shall exclude the Promoter's liability for death or personal injury as a result of its negligence.
19. The Promoter reserves the absolute right to disqualify any participant which it considers has used improper technical means to participate in the Promotion. All participation must be made by the participant themselves. Bulk participation made from trade, consumer groups or third parties shall not be accepted. Participation by macros or other automated means (including systems which can be programmed), and participation which does not satisfy the requirements of the Terms and Conditions in full shall be disqualified.
20. Participants are not entitled nor authorised in any way to commit the Promoter to any contract, expense or cost entered into or incurred without the Promoter's advance written acceptance of the same.
21. The Promoter shall not be liable for any failure or breach under the Terms and Conditions if such failure or breach has been caused by reason of Force Majeure which shall mean circumstances beyond the reasonable control of the Promoter including but not limited to illness, death or resignation of personnel, acts of government, acts of God, war, terrorist activity or industrial action. The Promoter shall take all reasonable steps necessary to mitigate the effect of Force Majeure.
22. No responsibility can be taken for entries which are lost, delayed, corrupted, damaged, misdirected or incomplete or which cannot be delivered for any technical, delivery or other reason. Proof of sending will not be accepted as proof of receipt. The Promoter does not guarantee continuous or secure access to www.vive.com.
23. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with the Terms and Conditions and any additional terms and conditions relevant to the Promotion, the Promoter shall not be liable for any failure to perform or delay in performing its obligation.
24. If for any reason the Promotion is not capable of running as planned for reasons including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right, subject to any written directions given under applicable law, to disqualify any participant who tampers with the participation process and to terminate, modify or suspend the Promotion.
25. If any provisions of these Terms & Conditions are judged to be invalid, illegal or unenforceable, this will not affect or impact the continuation in full force and effect the remainder of the provisions.
26. By entering this Promotion, you will be deemed to have agreed to be bound by these Terms & Conditions.
27. In the event of a discrepancy between these Terms & Conditions and the details in any promotional material, the details in the Terms & Conditions will prevail.
28. The validity, construction and performance of the Terms and Conditions shall be governed by English law. Any dispute arising under or in connection with the Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales to which the parties to the Terms and Conditions hereby submit, save that HTC may in its discretion seek to enforce any right or remedy against the participant directly through the courts of any other competent jurisdiction by reason of the domicile or place of business of the participant.

The Promoter is: HTC Europe Co., Ltd. ("HTC") of Salamanca, Wellington Street, Slough, Berks, SL1 1YP, U.K.