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NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. The Wolfenstein® II: The New Colossus™ Prize Pack Contest (the “Promotion”) is conducted by ZeniMax Australia Pty. Ltd., trading as Bethesda Softworks, a ZeniMax Media Company, with offices at Level 2, 19 Rialto Lane, Manly, New South Wales, 2095, Australia (the “Promoter”). For the purposes of the Promotion, the “Promotion Group” is composed of the Promoter, together with its affiliates and related companies, including without limitation its parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Promotion, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Promotion and their respective officers, directors, employees, agents, and other representatives. Entry into the Promotion is deemed acceptance of these Conditions of Entry.

1. PROMOTIONAL PERIOD
The Promotion starts on Friday, 27th October, 2017 at 3:00p.m. (AEDT) for Australian residents (Friday, 27th October 2017 at 5:00p.m. for New Zealand residents) and ends on Friday, 3rd November, 2017 at 9:00a.m. (AEDT) for Australian residents (Friday, 3rd November 2017 at 11:00a.m. for New Zealand residents) (the “Promotional Period”).

2. ELIGIBILITY
Entry is only open to residents of Australia (excluding Tasmanian residents) and New Zealand aged 18 years or older (Entrants). The officers, directors, employees, agents and representatives of the Promoter, each of its respective parent, affiliated or related companies, agencies, suppliers of the materials and services related to this Promotion, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives are ineligible to enter the Promotion.

3. HOW TO ENTER
To enter the Promotion, Entrants must, during the Promotional Period:

a. become a registered user of Facebook (Entrants who are already registered users of Facebook will not be required to complete this step);

b. log on to the Bethesda Australia Facebook page at [https://www.facebook.com/bethesda.anz/] (the “Facebook Page”); and

c. comment on the Promotion post on the Facebook Page telling the Promoter in 25 words or less the reason why they should receive the Prize (defined below). For the avoidance of doubt, to ‘comment’ in this context means to select the ‘comment’ icon on the Promotion post on the Facebook Page and to submit a ‘comment’.

Only one (1) entry per person is permitted. Any subsequent entry of an Entrant after the first valid entry is received from that Entrant will be deemed invalid.

Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.

Costs associated with accessing the Facebook Page remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.

Entrants acknowledge that their personal Facebook page may be updated by entering the Promotion and that their entry will be featured on the Facebook Page and generally on Facebook for public viewing during the Promotional Period and in perpetuity (unless otherwise requested). Once an entry is submitted, Entrants acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).

Facebook membership, notifications, pages, applications and use of Facebook generally is subject to its prevailing terms and conditions of use at www.facebook.com/policies. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for any content or information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Facebook.

The use of any automated entry devices, software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.

Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials (excluding the Promoter), unless the entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An entry submitted without obtaining such written consent may result in the entry becoming invalid for the purposes of the Promotion and/or the Entrant being subject to legal liability. Any entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible entries into the Promotion. This includes, but is not limited to, any entry which the Promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of the Promotion. The decision by the Promoter to accept or reject an entry is in the Promoter's sole discretion and no correspondence will be entered into.

All right, title and interest, including in all Intellectual Property Rights, in all Promotional materials and in the Promoter's brands, logos, trading names, products and/or services and the Facebook Page will remain or be vested in the Promoter. Participation in the Promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any promotional material or in any of the Promoter's brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period to use the promotional material and the Promoter's brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to participate in the Promotion.

By entering the promotion, each Entrant absolutely and unconditionally assigns to the Promoter (and agrees to use their best endeavours to procure any relevant third parties to absolutely and unconditionally assign to the Promoter) all right, title and interest in all Intellectual Property Rights in their entry. An entry and all Intellectual Property Rights subsisting in the entry irrevocably become, at time of entry, the property of the Promoter. Each Entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their entry in the Promoter. Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their entry pursuant to the Copyright Act 1968 (Cth) and Copyright Act 1994, including the Promoter having an unfettered right to treat the entry in any manner at its sole discretion, to alter the entry in any manner and to the Promoter not attributing authorship of the entry to the Entrant.

Entrants are solely responsible and liable for their entries and any other information they transmit to other Internet users. The Promoter may delete or request the deletion of any content posted on the Facebook Page in accordance with its prevailing terms and conditions of use. Any entries that are removed by the Promoter from the Facebook Page will not be considered eligible entries for the purpose of the Promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any entries submitted for the purposes of the Promotion (including but not limited to any illegal, incorrect or inaccurate content or third party advertising).

To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, willful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant's entry infringes a third party's Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party's trade secret or confidential information.

On Wednesday, 8th November, 2017, two or more appropriately qualified judges (the “Judges”) will judge all entries received during the Promotional Period to select the winning entry. The Judges will evaluate the entries based on creativity, originality, quality and relevance. This is a game of skill and chance plays no part in determining the winner. The winner will be notified in writing via a private message to the Facebook account used to submit their entry. All reasonable steps to notify the winner of the results of the judging will be taken by the Promoter. The Judges’ decision is final and no correspondence will be entered into.

The Promoter reserves the right to request the winner produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the identity and age of the winner before issuing the Prize.

It is a condition of accepting the Prize that the winner may also be required to complete and return to the Promoter (or its authorised agent) by the deadline specified, any eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its sole, absolute discretion.

In addition, the winner of the Prize agrees that it shall not tag or allowed to be tagged Nike, Inc. (or any of its divisions or affiliates) in any photograph or post in connection with this Promotion.

The Entrant whose entry is judged to be the best entry must confirm their eligibility to be awarded the Prize and their ability to accept the Prize within three (3) business days of being successfully notified by the Promoter that their entry has been judged as the best entry, otherwise their entry will be deemed invalid. In the event that the Promoter cannot successfully contact the Entrant who submitted the best judged entry within five (5) business days of the judging, or in the event of an invalid entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to accept the Prize, the Promoter may, in its sole discretion, award the Prize to the next entry judged to be the best. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the Prize and ability to participate in the Prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded the Prize will the Entrant, subject to these Conditions of Entry, be deemed the winner.

The Entrant who submitted the entry judged to be the best from all eligible entries received during the Promotional Period will win a prize pack, valued at AUD$600 RRP / NZD:$670.74 RRP (in accordance with the prevailing exchange rate as at 27/10/2017) comprised of the following (the “Prize”):

· One (1) BJ Blaskovitz jacket as featured in Wolfenstein® II: The New Colossus™;

· One (1) Wolfenstein® II: The New Colossus™;

· One (1) signed Terror Billy doll as featured in Wolfenstein® II: The New Colossus™; and

· One (1) pair of custom painted, men’s US size 10 Wolfenstein® II: The New Colossus™ themed shoes.

The total prize value is AUD$600 RRP / NZD:$600.74 RRP (in accordance with the prevailing exchange rate as at 27/10/2017). The Prize will be delivered only to winners verified by the Promoter in its sole absolute discretion. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST. The Prize must be accepted as awarded and may not be varied, substituted, transferred or redeemed for cash (unless otherwise indicated). , The Promotion Group reserves the right to substitute a prize of equal or greater monetary value, in cash or otherwise, at its sole discretion, if a prize, or any component of any prize, cannot be awarded for any reason beyond the reasonable control of the Promoter. The Promoter is not responsible for, and will not replace, any lost or stolen prizes. The Promoter makes no representations or warranties with respect to any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims (where applicable). The Prize includes shipping and delivery to Australian or New Zealand addresses only, as supplied by the Winner. The Promoter and Promotion Group accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought.

7. PERSONAL INFORMATION

The Promoter collects Personal Information about an Entrant to include the Entrant in the Promotion, award the prize (where appropriate) and use the information to assist in improving the goods and services of the Promoter. If the Personal Information requested is not provided, the Entrant cannot participate in the Promotion and is deemed ineligible. An Entrant also agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the Entrant winner’s name and locality in any media.

If the Promoter collects an Entrant’s Personal Information, the Promoter will provide to the Entrant, at time of entry into the promotion (or as soon as reasonably practicable thereafter), a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).

Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at noel.wheatley@bethsoft.com in Australia or noel.wheatley@bethsoft.com in New Zealand. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained at http://www.zenimax.com/legal_privacy.htm for both Australian and New Zealand residents.

By entering the promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian [and New Zealand] and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.

If the Promotion is not capable of running as planned for any reasons, beyond the reasonable control of the Promoter, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of the Promoter, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may, in its sole discretion, void any suspect entries and: (a) terminate the Promotion or any portion thereof; (b) modify or suspend the Promotion, or any portion thereof, to address the impairment and then resume the Promotion, or relevant portion thereof, in a manner that best conforms to the spirit of these Conditions of Entry; and/or (c) award the Prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.

As a condition of entering this promotion, each Entrant consents to the Promoter using the Entrant's entry, name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE PROMOTER RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. If the Promoter suffers Loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those Losses, damages and costs. In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the email address registered to submit the entry on the date the entry was submitted will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned the email account by the email service provider. The potential winner may be required to show proof of being the authorized account holder.

10. LIMITATIONS OF LIABILITY AND RELEASES
BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT PROMOTION GROUP HAS NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY LIABILITY (EXCLUDING ANY LIABILITY THAT CANNOT BE EXCLUDED BY LAW, INCLUDING ANY APPLICABLE CONSUMER GUARANTEE UNDER THE CONSUMER LAWS) FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS PROMOTION, INCLUDING ACCESS TO AND USE OF THE PROMOTION WEBSITES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE.

Without limiting the foregoing, the Promotion Group and any of Promoter’s other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Facebook Page users, or by any of the equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of submissions in the Promotion; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Promotion judging organization or Promoter for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Promotion; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.

This Promotion is governed and construed in accordance with the law of New South Wales. Except where prohibited, Entrants agree that any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved exclusively by the courts of New South Wales.

12. NIKE, INC., FACEBOOK, INSTAGRAM, TUMBLR AND TWITTER DISCLAIMER.

The Promotion is in no way sponsored, endorsed or administered by, or associated with, Nike, Inc. (or any of its divisions or affiliates) or Facebook. In entering the Promotion, Entrants are providing information to the Promoter and not to Nike, Inc. (or any of its divisions or affiliates) or Facebook. By entering the Promotion, each Entrant releases Nike, Inc. (or any of its divisions or affiliates) and Facebook completely from any liability in respect of the Promotion.

In these Conditions of Entry: “Consumer Laws” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) in Australia and the Consumer Guarantees Act 1993 in New Zealand. “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia and/or New Zealand (as applicable) or otherwise. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means in Australia, for the purpose of the Privacy Act 1988 (Cth) information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not and in New Zealand, for the purpose of the Privacy Act 1993, information about an identifiable individual.