Last Update: August 30, 2013
1. Scope of Agreement
The FIFA Fan Rewards Program (“FIFA Rewards Program”) is a loyalty program controlled, maintained, and operated by Electronic Arts (“EA”) where members can earn FIFA Rewards Program Credits (“FIFA Credits”) by completing certain Challenges (as defined below), and redeem those FIFA Credits for certain EA products, services, assets, or content (each individually or collectively referred to in this Agreement as “FIFA Rewards Content”). The FIFA Rewards Program is operated for promotional purposes only; all FIFA Credits and all FIFA Rewards Content obtained with those FIFA Rewards Credits are granted, offered, and/or redeemable for promotional purposes only.
This Agreement describes the Terms and Conditions that apply to your access or use of the FIFA Rewards Program, including (1) every grant, access and/or use of FIFA Credits and (2) any FIFA Rewards Content that you obtain by using your FIFA Credits, through the means EA provides on www.easports.com/fifa and other EA websites such as www.ea.com and www.origin.com(collectively, “EA Website(s)), or in one of our games (“EA Game” or “EA Games”).
If you reside in the United States, Canada or Japan, this Agreement is between you and Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065, USA, and the FIFA Rewards Program is controlled, maintained, and operated by Electronic Arts Inc. If you reside in any other country, then this Agreement is between you and EA Swiss Sàrl, Place du Molard 8, 1204, Geneva, Switzerland; registered in the Geneva Companies Registry with Company Registered Number: CH-660-2328005-8 (for details of our VAT Registrations please click here), and the FIFA Rewards Program is controlled, maintained, and operated by EA Swiss Sàrl. In this Agreement, the term “you” means you the customer; and the terms “EA,” “we,” “us,” and “our” means either Electronic Arts Inc., or EA Swiss Sàrl, whichever is applicable to you.
2. Accepting this Agreement & Revised Terms
By selecting the “I have read and accept the FIFA Rewards Program Terms and Conditions” (or similar) checkbox, you accept the terms and conditions of this Agreement and agree that every access and/or use of the FIFA Rewards Program is subject to this Agreement including all subsequent access and/or use of the FIFA Rewards Program. Each time you receive a grant of FIFA Credits you agree that you will review the terms of thisAgreement.
EA may revise this Agreement at any time in its sole discretion. When EA revises this Agreement, we change the “Last Updated” date above and post the revisedAgreement you will be asked to reaccept this Agreement by selecting the “I have read and accept the FIFA Rewards Program Terms and Conditions” (or similar) checkbox on the applicable EA Website and/or EA Game. Revised terms are effective immediately to all subsequent access and/or use of the FIFA Rewards Program.
3. Access to the FIFA Rewards Program
The FIFA Rewards Program may only be accessed and/or used by legal residents of countries where access to and use the FIFA Rewards Program is permitted. EA reserves the right to refuse your request(s) to access or use the FIFA Rewards Program, as well as any FIFA Credits and FIFA Rewards Content, and EA reserves the right to limit or block any request to access or use the FIFA Rewards Program, as well as any FIFA Credits and FIFA Rewards Content for any reason.
You must be logged into your Origin Account while completing Challenges and Offers in order for EA to apply earned FIFA Credits to your FIFA Credits balance. FIFA Credits earned will be associated with the Origin Account that you are logged into while completing Challenges and Offers. You may not use anyone else’s Origin Account for the FIFA Rewards Program at any time. You are entirely responsible for maintaining the confidentiality of your Origin Account password and user/account name.
Please note, as described below, if your Origin Account is cancelled or is otherwise terminated, any FIFA Credits accrued shall be permanently forfeited.
3.1 Unauthorized Transactions
You are responsible for all access and uses of the FIFA Rewards Program, including unauthorized purchases and uses. You agree to notify EA immediately of any unauthorized use of your FIFA Credits, FIFA Rewards Content, Origin Account, or any other breach of security (and to provide properly documented evidence as reasonably requested by us). EA will not be liable for any loss that you may incur as a result of any unauthorized uses of your FIFA Credits, FIFA Rewards Content, or Origin Account, either with or without your knowledge, where you are at fault. However, you will be liable for losses incurred by EA or another party due to such unauthorized purchases and/or use where you are at fault.
In addition, you are solely responsible for ensuring that your balance of FIFA Credits is correct. We reserve the right to correct your balance of FIFA Credits if we believe that a clerical or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any redemption or correction that has been assessed against your balance of FIFA Credits, please contact customer support at www.help.ea.com. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any error unless you provide us notice within 60 days of the date of the transaction in question.
4. Earning FIFA Rewards Credits
As part of the FIFA Rewards Program, EA may (1) reward FIFA Credits for certain challenges, achievements, activities, actions, and/or use in an EA Game or onwww.easports.com/fifa and other designated EA Websites (each a “Challenge”) and/or (2) create offers and promotions (each an “Offer”) as an opportunity to earn FIFA Credits. FIFA Credits are promotional in nature and may only be earned through qualifying Challenges or Offers.
The specific Challenges and Offers, and the number of FIFA Credits awarded for each Challenge or Offer will be determined by EA in its sole discretion on a case-by-case basis. EA will clearly disclose eligibility requirements, FIFA Credits available, and any other terms for each Challenge or Offer. For more information, visit the FIFA Rewards Program FAQ on www.easports.com/fifa
As part of the FIFA Rewards Program, you acknowledge and agree that:
1. Any access and/or use of an EA Game,www.easports.com/fifa, or any other EA Website that occurred prior to completing the FIFA Rewards Program registration process (as described in Section 3) does not entitle you to any FIFA Credits.
2. You may not be eligible to receive or participate in certain Challenges or Offers;
3. Challenges and/or Offers may be time-limited or available only in limited quantities;
4. In order to earn the FIFA Credits indicated in Challenge or Offer, you must be eligible and must strictly comply with the terms of the applicable Challenge or Offer;
5. EA shall make the final determination, in its sole discretion, as to whether a qualified activity required to earn FIFA Credits has been satisfactorily completed, and whether FIFA Credits may or may not be earned for such activity;
6. EA may grant additional FIFA Credits to certain users, in its sole discretion, as a gesture of goodwill or as a reward, in connection with promotions, and/or as part of EA tournaments, competitions or sweepstakes;
7. There may be a delay before FIFA Credits appear in your FIFA Credits balance after a Challenge or Offer has been completed; and
8. Additional terms and conditions may apply for a particular Challenge or Offer.
5. Data Collection & Use
6. Your FIFA Credits
FIFA Credits have no monetary value and do not constitute currency or property of any type. FIFA Credits can only be used to redeem certain FIFA Rewards Content, as selected by EA in its sole discretion and as specifically described in this Agreement. Except for this limited, revocable right to use FIFA Credits to redeem FIFA Rewards Content, you have no ownership or property right in or title to such FIFA Credits. FIFA Credits cannot be sold or transferred, and cannot be exchanged for cash or for any other products and services, except for FIFA Rewards Content, unless expressly authorized by EA in writing. FIFA Credits are non-refundable; you are not entitled to a refund for any unused FIFA Credits.
FIFA Credits do not expire as long as you have FIFA Rewards Program membership and an Origin Account. However, if you cancel your FIFA Rewards Program membership or Origin Account or your FIFA Rewards Program membership or Origin Account is otherwise terminated, your FIFA Credits will be permanently forfeited.
You may view (and should review on a periodic basis) the summary of your FIFA Credits accumulation onwww.easports.com/fifa You are solely responsible for ensuring that all FIFA Credits that are earned are included in your FIFA Credits balance and that your FIFA Credits balance is correct.
7. FIFA Rewards Content
As part of the FIFA Rewards Program, you have the right to redeem FIFA Credits for selected FIFA Rewards Content that EA expressly makes available within the applicable EA Website and/or EA Game. EA does not guarantee that any particular item offered as part of the FIFA Rewards Content will be available at all times or at any given time. EA does not guarantee that we will continue to offer particular items for any particular length of time. EA reserves the right to change and update the inventory of FIFA Rewards Content without notice to you.
When you redeem FIFA Credits for FIFA Rewards Content, you receive the right to use such FIFA Rewards Content for your personal non-commercial use within the applicable EA Game, EA Website, and/or any specified permitted services that EA identifies from time to time. Once you have redeemed FIFA Credits for FIFA Rewards Content that content is not returnable, exchangeable, or refundable for FIFA Credits or for cash, or other goods or services unless expressly authorized by EA in writing. EA reserves all right, title, and interest in FIFA Rewards Content and all associated copyrights, trademarks, and other intellectual property rights therein.
8. Trading, Transferring, and Gifting
EA prohibits and does not recognize any purported transfers of FIFA Credits or FIFA Rewards Content, unless expressly authorized by EA in writing. Likewise, EA prohibits and does not recognize the purported sale, gift, or trade in the “real world” of any FIFA Credits or FIFA Rewards Content, except as expressly authorized by EA in writing.
9. Cancellation, Termination, or Suspension
If you cancel your FIFA Rewards Program membership or your membership is otherwise terminated, your right to access or use the FIFA Rewards Program and your FIFA Credits automatically expires and all accrued FIFA Credits will be permanently forfeited.
10. Modification and Termination of Services
EA reserves the right to add to, revise, or modify any or all aspects of the FIFA Rewards Program at any time, in its sole discretion, including, without limitation, (1) the ability to earn FIFA Credits and the number of FIFA Credits available through specific FIFA Rewards Program Challenges or Offers; (2) the ability to redeem FIFA Credits; and (3) the EA products or services that are available for redemption with FIFA Credits.
Further, you agree that EA may terminate the FIFA Rewards Program, including the availability of FIFA Credits, in whole or in part, at any time, without any liability to you. If EA terminates the FIFA Rewards Program and/or FIFA Rewards Program Challenges or Offers, we will provide at least ninety (90) days advance notice to you by email (if available) and/or by posting a link on www.ea.com/1/service-updates You will continue to have access to the FIFA Rewards Program during the ninety (90) day notice period.
11. Disclaimer of Warranties
EA AND ITS LICENSEES, AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE FIFA REWARDS PROGRAM, INCLUDING FIFA CREDITS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
No Warranty of Availability or Uninterrupted Use: From time to time the FIFA REWARDS PROGRAM, INCLUDING FIFA CREDITS, may be inoperative, and when this happens, you may be unable to obtain information about the BALANCE OF YOUR FIFA CREDITS, or use THE FIFA REWARDS PROGRAM, INCLUDING FIFA CREDITS. Please notify us if you have any problems using THE FIFA REWARDS PROGRAM, INCLUDING FIFA CEDITS. You agree that we are not responsible for any interruption of service.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EA OR ANY OF ITS SUBSIDIARIES AND AFFILIATES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE FIFA REWARDS PROGRAM, INCLUDING FIFA CEDITS, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA (INCLUDING PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR OTHER USER DATA), LOSS OF GOODWILL, INTERUPTION OF SERVICE, WORK STOPPAGE, COMPUTER DISRUPTION, INTERFERENCE, FAILURE OR MALFUNCTION, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER SUCH ALLEGED LOSS OR DAMAGE ARISES IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
13. Reservation of Rights
If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
15. Entire Agreement