Terms and Condition
By making a submission under MSI Creator Awards 2021 competition (“competition” or “Event”, as applicable), you agree to the following:
1. You hereby grant Micro-Star Int’l Co., Ltd., its affiliates, subsidiaries, and their respective officer, directors, employees, and agents (collectively, “MSI”, and “us”, as applicable ) a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, and fully sublicensable right to adapt, distribute, modify, publish, display, publicly display, reproduce, translate, create derivative works from, or otherwise use any works you submit under this Event (“Submission”), in whole or in part, as well as your name and other identifying information, including without limitation any social media identifier, handle, profile picture, image, likeness, posts, statements or other information available or provided by you, in any form, medium, or technology, whether now known or hereafter developed, for promotional and other legal purposes reasonably determined by MSI. To the extent the foregoing license is not permitted by applicable law, you agree not to, and shall procure the same from all contributors or sources to your Submission, as applicable, assert any moral rights or any claims against MSI and its sublicensees for any uses of the Submission pursuant to this license grant.
2. You represent and warrant that: (a) you have the full capacity and right to enter into this agreement and be bound by its terms and conditions; (b) all information provided by you to MSI is true, accurate, and not misleading; (c) you own or otherwise control the rights to your Submission and any and all elements thereof, including without limitation, all applicable approvals, consents, permissions, and waivers necessary to grant the license to MSI free and clear of any third party claims or additional charges, licenses, payments, or royalties; (d) you have obtained all required consents, permissions, releases, and waivers from any individuals, groups, or parties (including images and/or appearances) featured in the Submission to their inclusion in the Submission, so that you are able to grant the rights specified in these Terms and Conditions; (e) Your Submission does not infringe or violate any and all applicable laws, policies (including social media platform policies), or regulations, or the rights of any third parties, including, but not limited to, intellectual property rights, publicity and privacy rights, or trade secrets; (f) all facts expressed by you in the Submission are, to the best of your knowledge and belief, true and insofar as the Submission contains any opinions, these opinions are your own and are genuinely and truly held by you; and (g) you have used your reasonable endeavours to ensure that the Submission does not contain any viruses or malware.
- • MSI reserves the right to replace any prizes with items of similar value without prior notice.
- • MSI makes no responsibility to any prize, and shall not be liable or assume any responsibility to any person for any loss, dissatisfaction or damage arising from his/her use of the prize. The winner of the prize may not make any claim against MSI.
- • MSI employees, distributors, business partners, and their relatives are not eligible to participate in this competition.
- • All information given by participants will be used for this competition only and for no other purpose. If agreed upon by participants, information shall be kept for future marketing purposes.
- • MSI reserves the right at its absolute discretion to vary, delete or add to any of these Terms & Conditions without prior notice.
- • In the event of any dispute arising from the Event, MSI's decision will be final and conclusive.
- • By participating in this competition, including submitting the required information, participants agree to be bound by these Terms and Conditions.
- • Participant is responsible for their posting to comply with all applicable laws, rules, and policies (including social media platform policies) when sharing any content on social media.
- • Any contents that contains profanity, sexuality, or intense violence is forbidden.
- • This competition is in no way sponsored, endorsed or administered by, or associated with, Instagram, Twitter, Facebook, or any other social media platform.
We may ask you for information during the Event enrolment and product registration process that may, as applicable, include without limitation your email, name, product serial number, redemption code, purchase information, and other voluntary information you provide. In addition, we may indirectly gather information from you via cookies or website embedded analytics. The information we collect will be used in the following manner: to run this Event, to verify Your eligibility, to contact You if needed, to ensure prize(s) can be sent to You, to store registered product data for as long as an ongoing relationship exists between us (eg. When you use our services such as warranty, eDM notices, etc.), and to use solely for internal market studies for developing better products and services. Your information will not be shared with third parties, except: i) to third party processors such as our internet service and website providers in order for us to execute this Event; or ii) when reporting or responding to actual or suspected breach of applicable laws to legal and regulatory authorities such as courts or the police to the extent needed.
You may be asked to join MSI’s eDM emailing list to receive MSI product news or service updates. If you do not want to subscribe to this list, please do not check the subscribe or similarly titled check box.
You shall defend, indemnify, and hold harmless MSI, its affiliates, and successors, assigns, directors, and agents, from and against any and all liabilities, damages, judgments, costs, expenses, and fees (including reasonable attorney’s fees) resulting from any claims, investigations, litigation, or other legal or administrative action by third parties arising out of or relating to any actual or alleged breach by You of any representations, warranties, undertakings, or conditions in this Terms and Conditions.
Participant Acknowledgement and Consent
You hereby acknowledge and agree that:
1. MSI reserves the sole and discretionary right: i) to determine, on a final and conclusive basis, whether a participant has fulfilled the Event requirements in good faith. For illustrative purpose without limiting any other terms, MSI may disqualify participants: a) if Event enrolment or product registration is incomplete, b) if Event eligibility requirements such as applicable product line or regional restrictions are not met; c) if the provided documents are forged, fraudulent, or void; d) if automated codes, scripts, plugins or other means were used to enter or complete Event enrolment; e) if participant does not have the legal capacity to enroll in this Event, or f) if criminal or illegal acts are committed or allegedly committed to enroll in this Event; ii) to replace the prize with items of similar value without prior notice; iii) to vary, delete or add to any of these terms and conditions without prior notice;
2. MSI is not liable and assumes no liability to any person for any loss, dissatisfaction, or damage arising from the prize, and uses thereof. Winners shall not make any claims against MSI;
3. MSI disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of the winning notification due to mechanical, technical, electronic, communications, telephone, computer, hardware, internet, or software errors, malfunctions, or failures of any kind. In such eventuality, the winner unconditionally waives his/her right to the prize and any associated compensation.
MSI Warranties Exclusion
MSI PRIZE(S) IS/ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWS, MSI SHALL NOT BE LIABLE TO YOU ON ACCOUNT OF ANY CLAIM (REGARDLESS OF THEORY OF LIABILITY WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, RELIANCE, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, GOODWILL OR COST OF REPLACEMENT.
This Terms and Conditions is governed and construed by the laws of Taiwan, regardless of conflict of law principles, and all disputes arising from the Event and these terms shall be adjudicated by the Taipei District Court in Taipei, Taiwan. Any provision invalidated by a competent court shall be stricken, and the remaining Terms and Conditions will remain in full force and effect. Failure by MSI to enforce any right under this Terms and Condition shall not be deemed to be a waiver. MSI shall not be liable for any failure to perform due to circumstances beyond its reasonable control. This Terms and Conditions shall not be assigned or otherwise transferred by You to any other third party; all unauthorized assignments are null and void. This Terms and Conditions constitute the entire agreement between the parties with respect to the Event, and supersede any prior agreements, communications, representations, or discussions, oral or otherwise.
The winner of each creative fields on Creator Awards page will be announced by EOD of June 16th, 2021 (UTC+8)