2021 Halloween

1. The MSI Halloween Surprise 2021 event (“Event”) begins on Oct. 26^th, 2021 at 00:01 AM (PDT) and ends on Nov. 3^rd, 2021 at 11:59 PM (PDT) (the "Event Period"). By participating in the Event, each participant unconditionally accepts and agrees to comply with and abide by these Terms and Conditions and the decisions of Micro-Star Int’l Co., Ltd. (“MSI”), which shall be final and binding in all respects.

1. a) Territory and Eligibility: Open to legal residents of Taiwan, Hong Kong, Korea, Malaysia, Singapore, USA, Canada, Mexico, Chile, Peru, Germany,Austria,Switzerland, Spain, France, the Netherlands, United Kingdom, Hungary, Czech Republic, Ukraine, United Arab Emirates, Egypt, Iraq, Kuwait, Qatar, Saudi Arabia, Oman, Bahrain, Yemen, Israel. Participants must be eighteen (18) years of age or older at the time of entry. The potential prize winners of this Event shall be required to show proof of residency
2. b) Entry: Enter the Event during the Event Period by completing the following steps:
   1. i) Share your spookiest Halloween photo with any MSI elements (download materials: LINK) in the picture by uploading the picture on MSI’s Gleam page, located at https://gleam.io/lpt2n/msi-halloween-surprise-2021.
   2. ii) Post the picture on your Instagram or Twitter and hashtag the picture with all 3 of the following hashtags: #MSIHalloweenSurprise2021, #MSIGamingmonitor, #MSIGamingdesktop.
   3. iii) To optionally participate in a selection for the special prize:
      • - Post a picture of you and your MSI gaming monitor shown together with Halloween decorations, the 3 hashtags mentioned above, and an additional hashtag #bestdecoMSImonitor on Instagram or Twitter; and
      • - Share the picture on MSI’s Gleam page as indicated above.
      • Please note that you will only be able to either enter the draw for the regular prizes or the special prize, but not both selections at the same time.
   4. iv) A participant’s upload to MSI’s Gleam page along with the requisite hashtags shall be deemed as participant’s agreement to these terms and conditions (“Terms and Conditions”) and constitutes making a Submission as stated in Section 2 below.
   5. v) Each participant may submit only one (1) photo per participant.
   6. vi) Await MSI review and draw of winners.
3. c) Automated or robotic entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the participant. Any attempt by a participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/event subscription notification and/or entering services, will void that participant's entries and that participant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All entries must be posted by the end of the Event period in order to participate. MSI’s database clock will be the official time keeper for this Event.
4. d) Winner Selection: MSI will select four (4) winners from the pool of eligible participants by random draw, and one (1) winner for the special prize, respectively on Nov. 5^th, 2021 (PDT). MSI will announce the winners on the Event website and applicable MSI social media. Winners will be notified by email at the email address provided in the Event registration and/or submission page. Potential winner must accept a prize by email as directed by MSI within 7 days of notification. Any winner notification not responded to within 7 days after having received such notification by MSI or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively "the Prize Claim Documents"). If the winner does not respond within the specified period, the claim to the prize expires. In such an event MSI shall be entitled to carry out a replacement draw in order to determine a new potential winner.
5. e) Prize: There are six (6) prizes allocated to winners as follows:
   • Special Prize
     • 1 winner. Winner to receive one (1) MSI 35th anniversary Limited Edition Golden Lucky valued at US$1000.00; and one (1) MSI ARTYMIS 343QR monitor valued at US$799.99.
   • Grand Prize
     • 2 winners. Each winner receives one (1) MSI ARTYMIS 343CQR monitor valued at US$799.99
   • Second Prize
     • 2 winners. Each winner receives one (1) MSI MAG274QRF-QD monitor valued at US$449.99
   Only one prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash or substituted by winner. MSI reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Terms and Conditions is unavailable or cannot be awarded, in whole or in part, for any reason. The average retail value of the prize represents MSI's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated average retail value, the difference will not be awarded in cash. MSI makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. MSI will not replace any lost or stolen prize items. The prize will be sent to the winner by mail to the postal address provided. The risk is transferred to the winner when the prize is handed over to a postal delivery service. MSI shall not be responsible for delivery damages.
6. f) Exclusions: A violation of these Terms and Conditions entitles MSI to exclude the respective participant from participation. This applies in particular, without limiting any other part of these Terms and Conditions, if the participant makes false statements or if the photos, or other content (e.g. comments) used violate applicable law or the rights of third parties. The same applies to photos or comments that may be considered glorifying violence, offensive, harassing or degrading, or that otherwise violate social decency. In the event that the excluded participant is a winner who has already been drawn, MSI reserves the right to subsequently withdraw the prize.
7. g) Early termination and amendments: MSI reserves the right to prematurely terminate the Event in whole or in part without reason at any time or to change its course if it is not possible to guarantee the proper execution of the Event for technical (e.g. computer virus, manipulation of or errors in software/hardware), legal or other reasons (e.g. prohibition by a government agency or online platform).

2. By making a submission (“Submission”), you agree to the following:

1. a) You hereby grant MSI, its affiliates, subsidiaries, and their respective officer, directors, employees, and agents a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to adapt, distribute, modify, publish, publicly display reproduce, translate, create derivative works from, or otherwise use any content or works you submit under this Event (“Submission”), in whole or in part, 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. b) You represent and warrant that: (a) you have the full capacity and right to enter into this Terms and Conditions and be bound by it; (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 and image/appearance releases from any individuals, groups, parties or locations featured in the Submission have provided full consent and permission to their inclusion (including images and/or appearances) in the Submission, so that you are able to grant the rights specified in these Terms and Conditions (f) Your Submission does not infringe or violate any and all applicable laws, or the rights of any third parties, including, but not limited to, intellectual property rights, publicity and privacy rights, or trade secrets; (g) 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 (h) you have used your reasonable endeavours to ensure that the Submission does not contain any viruses or malware.

3. Subject to your full compliance with these Terms and Conditions, MSI hereby grants you a limited, revocable, worldwide, royalty free, non-transferrable license to you for your personal and non-commercial use of any MSI provided assets solely to be used in your Submission for the Event during the Event Period. This license shall terminate automatically upon the end of the Event, or if revoked by MSI. You hereby acknowledge and agree that MSI is the sole and exclusive owner of any and all rights and interest in the MSI provided assets. You shall not take any actions that infringes, misappropriates, or otherwise interferes with MSI’s exclusive ownership of such assets, such as, without limiting the foregoing, registering the assets with any intellectual property office.

4. MSI employees, distributors, business partners, and their relatives are not eligible to participate in this Event. Participant is responsible for his/her own text when sharing any content on social media. Any contents that contains profanity, sexuality, or intense violence is forbidden. This Event 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; 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.

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 in this Terms and Conditions.

You hereby acknowledge and agree that:

1. a) MSI reserves the sole and discretionary right:
   1. 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;
   2. to replace the prize with items of similar value without prior notice;
   3. to vary, delete or add to any of these Terms and Conditions without prior notice;
2. b) 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. c) 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 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.

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.

□ I fully understand the contents of the Terms and Conditions and agree to them.

□ I agree MSI may collect, use and process my personal data for marketing purposes and in accordance with the terms of MSI Privacy Policy .