Read the damn Terms & Conditions!

"No substitution of prize offered is permitted, no transfer of prize to a third party is permitted and prize may not be redeemed for cash value"

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

To make it simple, gifting a copy that YOU won is ILLEGAL


Scientific proof that DougDoug is not capable of understanding whats happening

1 decade ago*

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lolwut

1 decade ago
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[THIS JUST IN: IT IS NOW ILLEGAL TO CREATE STUPID THREADS](http://www.steamgifts.com/forum/MakYA/for-the-safty-of-those-who-entered-the-darksiders-ii-giveaway)
---
I saw it on the internet it must be true.

That is all.

FOR THOSE OF YOU WHO READ THIS and BELIEVE IT:
Unless you tamper with their website, damage it, or vandalize it, there is NO CRIME.

There is no consideration, so there is NO CONTRACT.

You may be in violation of the T&C of the giveaway, but there are NO DAMAGES.

Companies can't create laws, learn this stuff for yourselves and stop believing everything you read on the internet. FFS.

*edited to add:
I want to emphasize I give 2 shits about people giving this away or not, I didn't even enter the contest. I just hate misinformation and people not educating themselves before spreading it.

1 decade ago
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they don't create laws, they create EULA

1 decade ago
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EULA is generally contract adhesion, and isn't pursuable.

1 decade ago
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Yup, mot of the EULA are just there to scare you.

1 decade ago
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oh and they SUCK

1 decade ago
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+1 also, giving away your win doesn't tamper, vandalize, destroy, or damage the site / giveaway in any way. Nor does it interfere with the op. of the sweepstakes.

An example of this would be if for instance, you hacked the giveaway to reroute a DS1 / 2 winner's email code to you so you won instead of them. No idea how that would be possible but that could be one example.

Giving your copy away to someone else, especially the DS1 entry giveaway, wouldn't fall under this part at all

1 decade ago
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You're almost starting to sound like a Freeman on the Land there, but I might be overanalyzing. (If you don't know what a FOTL is, don't worry.)

The exact status of whether this is criminal or not will depend on the jurisdiction, anyway.

1 decade ago
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Lol, ok I bite, give me a state, county, or federal statute that would apply to violating TOS or T&C of a contest or raffle, that didn't already constitute fraud or collusion or some other predefined criminal act.

And yes I know what an "FOTL" is, do you?

1 decade ago
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I'm Canadian, so I'm no expert in US jurisdictional law. You also seem to be mad, or at least taking this far more seriously than me.

1 decade ago
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The companies gave you something and you misused it. They specifically stated what not to do and you agreed to those terms, as long as its their product it is permissible to fill a lawsuit under product misuse.

1 decade ago
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hmm... "product misuse" is that under $5,000 or $50,000 I forget. Gosh I hope I don't get slapped with "punitive misbehavior"
here

I'm done, this is pointless, everyone run for the hills, we've all apparently been granted the status of judge and jury, with full legislative capacity. And Businesses wield massive sticks.

1 decade ago
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Thank you for confirming my point, if you bothered to read it, you would see that contract violations that affect the company can and would be considered as "damages"

1 decade ago
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What damages exactly? A winner of a raffle giving away the prize to someone else causes the company no harm.

1 decade ago
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You don't know that, if they said not to do it they clearly had a reason for it.

1 decade ago
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See even if they have a "reason" to prohibit re-gifting proving that re-gifting actually caused them harm is a completely different matter. Saying we don't want people giving their prize to someone else isn't enough to say that damages were done.

1 decade ago
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You missed the point, by entering the giveaway you agreed to follow those terms and not re-gift it. By breaking that agreement you gave them the option to take legal actions to compensate for re-gifting it.

1 decade ago
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That's not actually what what you quoted says.

1 decade ago
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Now you are just being obtuse, this isn't a good way to troll friend.

There are no "damages" you get it?

Seriously I am done now, I will consider any reply a statement of concession, and commune your stupidity as time served. I however will not remit any authority or or supreme power held above you. And as such still consider you my property wholly or in part, as such status was laid bear when you were fully and openly obtained by me on this forum through use of superior knowledge and verbiage.

1 decade ago
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Here's our whole discussion lately:

"Watch out, a hole"

"You don't know that's a whole"

"Better not go there, you may fall in"

"There is no hole"

"There may be one"

"You aren't listing to me I'm saying there is no hole"

"What if there is a hole"

"You don't understand, do you know what a hole is!"

"Yes, and this looks like one"

"You don't know what a hole is so I'm going to avoid further communicating with you"

1 decade ago
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And to further add context, I am a better judge of holes than you are. Furthermore what you are pointing at is a picture of a hole that someone drew, poorly I might add. They want you to believe it is a hole, but it is not. It is important for those of us expert hole sighters to properly inform the masses when a mislabeled hole is in fact not a hole. Also it is imperative that the "chicken little" hole pointer outers learn to properly discern a hole from "not a hole" before pointing out holes to everyone else.

Also, thank you for your concession. I expect a full page of apology in the next 30 minutes or I will sue you for damages.

1 decade ago
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Continuation:

"I'm finished here, I'm not speaking anymore"

"Just thought I might warn people in case there was a hole"

"I'm better than you so I can judge if it's a hole or not"

1 decade ago
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And how does giving away your won copy of a game AFFECT the company and DAMAGES it? I guess i will give it to terrorist and they will learn the powers of "War" or if give them Darksiders 2, they will learn how to be "Death"... AND THAT IS NOT CONTRACT violations. You DID NOT SIGN A CONTRACT. You agreed to "How to use the site or we will ban you" page.

1 decade ago
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How does it not affect them? It's their product anything that involves the handling or distribution of their product is surely going to affect them. If you already had the game and gave yours to someone who would have bought it otherwise would affect sales.

1 decade ago
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No because they expect 10,000 copies to be redeemed and not get sales from 10,000 people. Changing who exactly those 10,000 are has no effect on them at all.

1 decade ago
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And you can verify that with definitive proof? It's up to them to decide that, not you.

1 decade ago
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I bet you one copy of Darksiders 2 (not really, becouse i don't have the money to buy it XD ) that they will not sue anyone for giving away the copy that they won to another person for free...

1 decade ago
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And if they wouldn't sue, if they so happily accepted people re-gifting it, then why would they clearly state NOT to re-gift it. They do not want this to happen and have the right to pursue this however they want.

1 decade ago
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Dude... this is a basic advertisment campaing. They want a lot of people to see the giveaway and look at the game and when they don't win it, they would want to buy it( or atleast a small % of the people) and the people that does win Darksiders 1, they want to buy Darksiders 2. That is why they are doing this. This isn't some kind of charity out of their heart. They won't waste any money to try to sue someone that regifted their copy to someone else that wanted to play it more.

1 decade ago
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Actually no it is not up to them, it would be up to a system of law to decide damages, which is what a tortuous claim would be.

If you are afraid they would file a tort against you for regifting the key to someone else it would be best in my opinion to not regift it.*

*this is merely my opinion and nothing in this statement should be considered legal advice, if you feel legal advice is warranted you should seek counsel on your behalf through the appropriate means.

1 decade ago
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Now we can ban the users that abuse it! GREAT! Oh wait, there are no mods left...

1 decade ago
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lol!

1 decade ago
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+1

1 decade ago
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There was an amazon sale with darksiders so you don't know which one are from amazon and which one are not.

1 decade ago
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They emailed the keys, they know which keys they gave away.

1 decade ago
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they know. We do not. Only the giveaway creator and the winner knows it.

1 decade ago
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And steam, if they contact steam they can simply search for that key, and check to see if the persons email is the same as the email that they sent the key to.

1 decade ago
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Holy hell, must i say this a thousand times? People can own and use multiple different email accounts!

1 decade ago
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Yes, and and that's one person who knows the password and are able to show they are the real owners. Those who can't means that it's clearly two different people

1 decade ago
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You would need to check 10 000 users. How is that practival?

1 decade ago
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That might be illegal, I don't know but I think I saw a TOS about that and you might go to jail.

1 decade ago
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Having 2 emails is illegal? So, if i have a gmail and a hotmail account, i must be arrested? That did not make any kind of sense.

1 decade ago
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Specifically what crime would one be committing if they were to transfer said prize to a third party. I am curious as to how you think this law thing works?

1 decade ago
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Don't know but possibly piracy since you create a false copy by activating it on a steam account that isn't yours.

1 decade ago
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Nope. Its not a false copy, its a legit copy. Unlike the HiB where users get drm free copies AND steam keys, users only get a steam copy that can only be activated on a single account. In essence, while gamestop doesnt want you to transfer your digital copy to another user, legally speaking its the same as if you gave your copy to someone.

1 decade ago
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One copy that you play on the GameStop app, which it was intended for, and then another copy on steam that is not tied to your account and goes to someone else. 1+1=2

1 decade ago
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you cannot play the gamestop one without acvtivating it on STEAM!

1 decade ago
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1+0=1.*

1 decade ago
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The legal warning addresses damage or interference with the website/sweepstakes, which would have nothing to do with transfering the prize to a third party (which is what these gifters are doing, I guess).

In other words, these people are in fact infringing the terms and conditions but cannot be legally pursued, judging from this fragment you quoted.

Am I interpreting this incorrectly?

1 decade ago
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"INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES" is receiving the gift not part of the "operation". By changing the recipient of the gift you are, inadvertently changing the rules.

1 decade ago
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hmm... didn't see it that way.

1 decade ago
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(reply to Gnome Alone)

Sorry, you are absolutely incorrect. The legal warning is, as SFaPiL already mentioned, only tailored to the website and operation of the sweepstakes. They are just telling you that if you hack or cheat they have the right to go after you for money damages. The operation of the sweepstakes is over since the keys have been distributed, so that part is moot.

That said, are they asking you to not give/sell/trade the keys to other people? Yes. Do they have a legal remedy if you do such a thing? No. What could they do? They could ask the publisher to ask Steam to revoke the specific key that was gifted/sold/traded to a third party. How could they find out that a specific key was gifted/sold/traded? The only people who know the specific key would be the original recipient and the third party, and I doubt either party would let Game Informer know.

Tl;DR It isn't illegal, but it is against their TOS. Regardless, they have no way to find out which keys were gifted/sold/traded anyways.

1 decade ago
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"Sponsors reserves the right to: (i) permanently disqualify from any sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw the online method of entry if it becomes technically corrupted, (including if a computer virus or system malfunction inalterably impairs its ability to conduct the sweepstakes), and to select winner from among all eligible entries received prior to withdrawal."

If they included this then they clearly have a way of tracking the keys, eventually someone is going to activate it on steam. Mind you, steam has your email address if it doesn't match the true recipients email you may be in trouble

1 decade ago
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LOL.
People can use more than one email account, you know?

1 decade ago
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If you can't prove it's yours it doesn't matter.

1 decade ago
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Ok, good luck to them to see 10 000 different accounts.

1 decade ago
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All they need to do is contact steam. Steam has a massive database, they have time records of every game bought and activated on steam. If you narrow it down to just keys for Darksiders and to the specific time frame of the giveaway they would take less than a day to find all the "invalid" recipients.

1 decade ago
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That does not make any sense at all. How would they figure it out that it is "invalid"? Magic? Did you forget that people can have more than 1 email? They would have to CONTACT ALL THE 10 000 WINNERS asking with what meial they got the key.

1 decade ago
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Exactly. Nowhere in this agreement is a mention that you must activate the key on Steam using the entry email address.

Gnome wants to ignore the fact that there are no damages or consideration (thus, this is not a "legal" issue - at least not in the United States). Fine. He also trusts the EULA saying they wouldn't put language in there if they didn't have a way of "tracking the keys". Silly but fine.

What is shocking to me is that he seems to think that this Steam report would somehow reveal certain activations to be "invalid" and thus be revocable. If they somehow did revoke every key that did not match up the steam account email and the email used for the contest, they would be the ones at risk of legal ramifications.

Bottom line, they gave out 10k keys to a game as a promotion. They are happy to have 10k new people playing the game. While I cannot think of a scenario where they could actually find out who is a 3rd party gift recipient and who is just using a different email address, let's suppose they have these magical abilities. If they hardballed people over transferring to 3rd parties, fewer than 10k copies would be activated so fewer possible purchasers of DS2, and it would bring negative publicity. By any measure, that would be a bad move.

1 decade ago
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Well, technically they could always sue for damages if you break T&C or contract. However, let's assume you give me a dollar and say "don't give this to anyone else". I turn around and give it to my friend. You sue me, what is your loss? To what monetary extent did me regifting your dollar impact you?

To better illustrate the opacity of this thread;
*If you respond to this comment you will be found in violation of the terms of my comment, and I will seek damages and diligently pursue all remedies against you, to the fullest extent allowable by law

Scared now? The only criminal legal issue is that of damaging or vandalizing their website, or personal property.

1 decade ago
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Bring on the legal ramifications! :D

1 decade ago
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I never agreed to your comments T&C but you automatically did when you entered the giveaway and that's the point if you agree to a set of rules and then break them its not punishable, unless part of the rules stated that it was and in this case it was punishable by law.

1 decade ago
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wut?

You are so confused, I feel bad for you son.

There is literally NO LAW that says "if you violate T&C or a contract, you broke THE LAW" This is a civil issue, not a criminal one, you desperately need to understand the difference before you start proselytizing people about legal behaviors.

1 decade ago
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LOL they are going to sue me for damages ok. They gave me a free game which I gave someone else for free. They were damaged for ummmmm let me do math 0+0=0. Now the damage they would do to themselves for even trying to go do what the armchair lawyers in the thread are saying would be incredible from a PR perspective.

1 decade ago
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I entered and won a copy (through THQ, not here) because I wanted to play the game. Doesn't affect me! dances away with a grin

1 decade ago
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It would only be a violation of the terms & conditions were you to distribute your actual prize- that is, a code redeemable on the GameStop app for a downloadable copy of Darksiders. If you redeemed that yourself, but went on to distribute the steam-activatable product key obtained via said app, well, that's perfectly alright.

Sorry if that made no sense, I'm tired.

1 decade ago
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+1, since after the game is added to your account you already received the prize, so the terms don't count

1 decade ago
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No no. This makes sense to me.

1 decade ago
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I like trains.

1 decade ago
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Cute, but no. Nice try though. ^^

1 decade ago
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FORUM LAWYERS ASSEMBLE!

1 decade ago
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LOL I know. Please give gamestop my info and tell them to sue me for giving away a game they gave me. I'm sure they would love the extra publicity as well as it helping the image of the darksiders franchise. Heck I wouldn't even bother hiring a real lawyer and just take it to judge judy so she can tell them how stupid they are.

1 decade ago
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It's OK as long as you don't sell your copy for money.

1 decade ago
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"No transfer of prize to a third party is permitted"

1 decade ago
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I don't need a permit, I have a license.

1 decade ago
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Comedy gold right here.

1 decade ago
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Exactly, We should kill people that giving DarkSiders away. Do it now!

1 decade ago
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Illegal =/= against TOS

1 decade ago
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+1

1 decade ago
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Unless TOS states to pursue under legal action

1 decade ago
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1 decade ago
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I am pretty sure the EULA/TOS/liner notes for LMFAO does indicate that they are sorry for party rockin'

Perhaps their apology opens the door for an IIED or (at the very least) NIED claim. Good luck!

1 decade ago
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lies

1 decade ago
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To make it simple, companies does NOT write the law, they can't tell you whats ILLEGAL or not ILLEGAL.

If you want to break their EULA, you have EVERY right to do so. If they decide to BAN you from their service, they have EVERY right to do so.

Close this topic and OP, try to think for just a few minutes the next time, before you start posting something as stupid as this.

1 decade ago
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I'd like to see them enforce this though. This is what they like to be the law, but it isn't.

1 decade ago
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lol illegal. As if they create laws. The maximum it could happen is the violation of the contract and, therefore, its resolution. That may imply the revocation of the copy of the game in question. If they decide to go to valve in order to revoke the copies they think that have been regifted, that could well indeed happen.

HOWEVER THIS DOES NOT, IN ANY FORM OF SHAPE, ALLOW YOU TO REGIFT THE COPIES YOU HAVE WON. For that, you should all go to hell.

1 decade ago
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1 decade ago
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The point of your post?

1 decade ago
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Look at all these words fly by. I have no idea what most of them mean.
Just waiting for my meds to kick in.

1 decade ago
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1 decade ago
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Well first of all i live in EU, so i don't care... It's LEGAL here to resell/gift digital content. And just becouse they wrote on their site that it's "illegal" doesn't mean it's illegal. If i write on my site "It's illegal to give links to my site" will i be able to sue you for giving links to my site ? Nope... Terms and Conditions can't be applied in court like laws. Soooo Chuck Testa XD !

1 decade ago
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1 decade ago
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LOL this is just ... LOL XD
Still, they can't sue you (unless you actually hack their website or something that actually DAMAGES their compaty/site), becouse you agreed on "How to use the site or we will ban you" page that 0,1% of the people read.

1 decade ago
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Considering you're in Europe, you're in the clear anyway. If they should ever sue you, you can most likely (check your constitution) refuse extradition (that is, being sent to the US to be tried there... I don't know if I used the correct term) so they have to come over in your country and try you with your country's law. The costs will be higher than 5000$ and that's just not worth it for a 20$ game.

1 decade ago
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And that's why i said that i'm 99,9999999999999999999999999999999999999% sure that no one would be sued for giving away for free a game that they won for free...

This is basicly an advertisment campaing. They only want to have those games in hand of people that didn't own them so that they can hook them up ( becouse the game is actually REALLY good ) and then maybe 5-10% buy Darksiders 2. That's their goal, they don't care if YOU play it or someone else that didn't own the game. And i doubt they will waste any money to sue anyone for something as stupid as this ( and they will probably lose ).

1 decade ago
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good luck with illegality ;D

1 decade ago
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1 decade ago
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wow, this thread is now legendary status. Anyway, i don't think GS/GI will stop it unless you exploited the keys, hacked their servers for the keys, or sell the keys for profit.

Don't think they will care if you already had darksiders and are giving it away.

1 decade ago
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I apparently won darksiders from this, but I have to get it through gamestop.com/redeem. Also my PC probably can't run it, and I have it on PS3.

1 decade ago
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Damn. There goes my intent of hacking that site.

To the OP : I dont give a damn about people giving their keys.

Cry some more

1 decade ago
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Closed 1 decade ago by GnomeAlone.