VIVE Cosmos - Pre-Order Terms and Conditions

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

Last updated: 05/08/2019

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, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Republic of Cyprus (Turkish Republic of Cyprus not included), Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland aged 16 or over, excluding employees of the Promoter, their families, agents or anyone else professionally connected with this Promotion.
2. All participants must ensure that their participation (including the acceptance of any Gift) is lawful in accordance with the laws of the country of which they are a citizen and/or reside. This Promotion is void where void under local national laws. The Promoter shall not be taken to make any representations, express or implied, as to the lawfulness of any individual's participation, or as to any other aspect of any Promotion.
3. Promotion Period (“Promotion Period”): 00:01 BST on 11th September 2019 to 23.59 BST 2nd October 2019. Whilst stocks last. Purchase necessary. Internet access and a valid HTC account is required.
4. To Participate: Pre-order the HTC VIVE COSMOS online at www.vive.com or from an authorised reseller to receive a Gift.
5. Maximum one Gift per purchase of an HTC VIVE COSMOS is permitted throughout the Promotion Period.
6. All purchases must be made by the end of the Promotion Period to be valid. The 12 Month Free Viveport Infinity membership code must be redeemed by 23.59 BST on 25th October 2019.
7. The Gift (“Gift”): All participants over the age of 16 who make a purchase of the HTC VIVE COSMOS online at www.vive.com , or from any authorised reseller, shall receive a 12 Month Free Viveport Infinity membership.
8. Additional Gift Details:
   1. Within the HTC VIVE COSMOS box there is one Digital Code that will activate a 12 Month Free Viveport Infinity membership.
   2. Unless you cancel the subscription during the 12-month promotional period you will automatically be charged a monthly fee a month after the end of the promotional period, and each month thereafter until you cancel your subscription. At the end of the promotional period, you will lose access to all VIVEPORT Infinity content unless membership is renewed. To cancel your subscription open your "Account Settings" menu and follow the instructions there.
   3. Participants will need to enter the code in the HTC VIVE COSMOS box to redeem the 12 Month Free Viveport Infinity membership at www.vive.com/code.
   4. If the purchased HTC VIVE COSMOS is returned, the participant will also be returning the Gift received.
9. 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/.
10. 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.
11. Where a participant chooses not to accept a Gift, they forfeit any and all claims to that Gift.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. In the event that an event of Force Majeure continues for a continuous period of five (5) days or more, the Promoter shall be entitled to terminate the Terms and Conditions with immediate effect by written notice to the participants.
20. 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 obligations.
21. 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.
22. 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.