Terms and Conditions

1. Event Duration and Enrolment

From Nov. 14^th – Dec. 9^th, 2018 (UTC + 08:00), participants (“You, “Your”, as applicable) may enroll in the Game Hard Stay Hungry promotion (“Event”). To enter, You must complete the following steps:

• Go to the Event website at https://www.msi.com/Promotion/game-hard-stay-hungry-2, and completely and accurately fill out Your basic information.
• Correctly answer the Stage 1 questions.
• Correctly identify five (5) MSI graphics card in the provided picture(s) in Stage 2.
• Your scores from stages 1 and 2 will be combined to give a total score. You may re-try the stages three (3) times in total. The best score will be recorded. You must complete the required steps manually without the use of any plugins, scripts, or artificial means. MSI WILL AUTOMATICALLY DISQUALIFY PARTICIPANTS WHO DO NOT MANUALLY COMPLETE THE STAGES.
  You will be deemed to have accepted these Terms if You partake in any one or more actions in the steps above, or if You select the “I Agree to these Terms and Conditions” or similarly titled check box.
• On Dec. 18th, 2018(UTC + 08:00), MSI will publish the top twenty scorers for this Event on social media and the Event website. If multiple scorers have the same top score, MSI will choose the score recorded earlier in time over later recorded scores.
  MSI will notify each top scorer by his/her registered email. If a top scorer does not respond to MSI’s email within seven (7) days, the code shall be deemed forfeited. Each top 20 scorer who responds to MSI’s email within the allotted time will receive a USD $20 Steam Wallet code which will be sent to his / her registered email address. The Steam wallet code must be redeemed through Steam’s platform located at https://store.steampowered.com/account/redeemwalletcode. The Steam wallet code value may be converted to an equivalent local value by STEAM based on geo location.
• Each entrant who participates in this Event according to these Terms and Conditions may also be eligible to enter a random draw. Twenty two (22) winners will be randomly drawn from the pool of eligible participants on Dec. 14th, 2018 (UTC + 08:00) for the prizes set forth below. Within five (5) business days after winner is selected, we will notify the winner through his / her registered email address. We may ask the winner for some contact and delivery information so we may deliver the prize.
  If a winner is ineligible, cannot be notified, fails to respond to our inquiry within seven (7) days of MSI sending such query, or does not provide us with the required requested information, the prize shall be deemed forfeited. A new winner will be randomly selected. MSI has sole discretion in determining such matters.
  Winners acknowledge and agree that MSI may use winner’s name, likeness, and entry for promotional purposes subject to these Terms and Conditions.

• Draw Prize:
  
  • Top prize: one (1) MSI GeForce RTX™ 2080 DUKE 8G graphics card.
  • Second place prize: one (1) MSI GeForce GTX 1080 GAMING X+ 8G graphics card.
  • Third place prize: twenty (20) Steam Wallet codes valued at USD $ 20. Each winner will be allotted one (1) Steam Wallet code
• This Event is only for eligible end user consumers and not businesses. MSI, MSI affiliates, subsidiary, manufacturer, business partner, distributor, wholesaler, reseller, retailer, or agency employees and their immediate families are not eligible to participate in this Event.
• Void where prohibited or restricted by law

2. Privacy Policy

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; and 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.

Because of the international nature of our business, we transfer information within the MSI group, and to third parties as referenced above, in connection with the purpose set forth in these terms and conditions. Therefore, we may transfer information to countries that may have different laws and data protection compliance requirements that those applicable in the country You are located.

Further details of how Your information may be used and processed are detailed in MSI’s privacy policy, available at https://www.msi.com/page/privacy-policy.The MSI Privacy Policy constitutes a part of this Terms and Conditions, and is hereby incorporated by reference with full force and effect.

3. eDM Subscription

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.

4. Participant License

For any material You may provide to us for this Event, including without limitations, pictures, videos, reviews, content, comment, feedback, and written material, as applicable (collectively, “Submitted Materials”), You hereby grant MSI and its worldwide affiliates and subsidiaries a perpetual, irrevocable, royalty-free, fully paid up, worldwide, sublicensable license to use, reproduce, copy, distribute, create derivative works of, publicly display and perform, and otherwise use or exploit the Submitted Materials in any legal manner reasonably determined by MSI and subject to MSI’s Privacy Policy.

5. Participant Representation and Warranties

• The information You have provided is accurate and true;
• You have the full authority, capacity, power, and right to enroll in this Event, and make the required license grant, representation, and warranties under this Terms and Conditions;
• You have obtained and will maintain all applicable approval, consent, permissions, licenses, and waivers necessary to grant the licenses stated above to MSI and its subsidiaries; and
• You have complied with all applicable laws in enrolling in this Event.

6. Participant Indemnification

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 in this Terms and Conditions.

7. Participant Acknowledgement and Consent.

• MSI reserves the sole and discretionary right:
  • 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 timely enrollment, applicable product line or regional restrictions are not met; c) if the provided documents are altered, forged, fraudulent, misdelivered, 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;
  • to replace the prize with items of similar value without prior notice;
  • to vary, delete or add to any of these terms and conditions without prior notice;
• 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;
• MSI disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of the winning notification or any prizes due to logistic, 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.

8. 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.

9. 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.

10. Miscellaneous

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.