Well this particular giveaway is a promotional for letting everyone know BL4 is coming out soon. The spyware is probably something they wanted to shovel in before that comes out and were probably hoping this freebie would help that change go under the radar, rather than highlight it. It may also have been an intention to have this freebie release take the flak on the TOS change in hope that it would die down before BL4. Either way, the chain of events is somewhat related and I don't see it being reversed unless BL4 tanks hard.

The cynic in me still leans towards: what better way is there to push spyware than by Trojan horsing it into a beloved thing that you gift to everyone.