OFFICIAL TERMS & CONDITIONS

1. Eligibility:

The EVGA YouTube® Commercial Contest (the “Contest”) is open only to those who are over the age of 18 as of the date of entry. The Contest is only open to legal residents of the United States of America and all other countries where permitted by law. If you are under the legal age of majority, one of your parents or legal guardians must submit a signed, written statement that they have read, understood and agree to these Contest rules (the “Rules”) with your entry, and that such agreement constitutes acceptance of these Contest Rules on behalf of you and themselves. Employees of EVGA Corporation (“EVGA” or the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state and local laws and regulations. All applicable federal, state and local laws and regulations apply. There is no cost to enter or win. Offer void where prohibited. In the event of any dispute, entries will be deemed to have been submitted by the owner of the e-mail address from which the e-mail was sent.

2. Agreement to Rules:

By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of EVGA Corporation, as final and binding as it relates to the content. The Contest is subject to all applicable federal, state and local laws. Further, you hereby acknowledge that you have read and agreed to EVGA’s Privacy Policy, which can be found by clicking here, including the policy regarding the European Union General Data Protection Regulation (also known as the “GDPR”).

3. Contest Period:

Entries will be accepted online starting on or about July 16, 2018 and ending July 31, 2018. All online entries must be received by July 31, 2018 11:59PM PDT.

4. How to Enter:

The Contest requires participants to create a commercial about EVGA, upload the commercial to YouTube®, and submit the YouTube® link to the video on the Contest page. The commercial should creatively highlight EVGA, EVGA’s products, and/or any other aspect of EVGA. Participants may use any theme consistent with the Contest Rules, but creative use of the Anniversary’s “Retro” theme will be a factor considered by the Contest judges.

• To enter the Contest, you must be logged into your EVGA account and submit the URL of your entry video on the Contest Event page.
• Each person may submit only one (1) video for entry.
• Video must have a run time of 30 seconds (or less) and be uploaded to YouTube®. Video should be in the form of a commercial and must contain some EVGA-related content.
• You may use any video recording software to enter this event.
• Participants warrant that their Entries are original and that they are the sole and exclusive owner and rights holder of the submitted Entries. Each Participant agrees not to submit any Entry that (1) infringes upon any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights, or images depicting any recognizable athletes, celebrities, animals, animated characters, objects or any other rights, including, without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable U.S. law or the law of the Participant's country of residence.
• Entries that contain sensitive content or are otherwise inappropriate for the Contest may be disqualified at EVGA's sole discretion.
• The submitted video must not contain material that is lewd, obscene, illegal, indecent, pornographic, hateful, tortuous, slanderous, libelous, or defamatory against other people or companies.
• The submitted video must not contain material that promotes bigotry, racism, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
• Submitted entries become the property of EVGA and will not be returned.
• EVGA reserves the right to deny any video that is submitted for this contest.
• EVGA can and will send any video submissions to the appropriate law enforcement authorities if the submission contains illegal content, threats against individuals or businesses, or any other content that requires EVGA to notify authorities in accordance with local, state, federal or international law.

The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the Rules or specifications may be disqualified at the sole discretion of the Sponsor. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the Rules. If you use fraudulent methods or otherwise attempt to circumvent the Rules your submission may be removed from eligibility at the sole discretion of the Sponsor.

5. Prizes:

Prizes and prize values may be found on the Contest Event page or you may request a written copy by sending a written request to EVGA YouTube Commercial Contest 2018 Prize and Prize Values Request, 408 Saturn St., Brea, CA 92821 USA. Requests must be received no later than August 15, 2018.

Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for the Sponsor to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. All prizes are provided AS IS and Sponsor makes no guarantees regarding the prizes.

6. Winner selection and notification:

Winners of the Contest will be selected by qualified judges chosen by EVGA to select the Best Overall videos for each available prize. Judging will be based a variety of factors including, but not necessarily limited to, skill, use of EVGA-related content, use of the Anniversary’s “Retro” theme, and best use of available time. Winners will be selected and posted to the EVGA website by August 14, 2018 12:00PM Pacific Time. All decisions are final and binding.

Winners will be listed on the Contest Event page, and notified via their provided email on participant’s account at EVGA.com within 7 (seven) business days following the winner selection on or around August 14, 2018. Alternatively, winners may email iwon@evga.com within 14 days of the winner announcement to claim their prize. Sponsor shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.

Prizes will be shipped out via UPS Ground within two to four weeks of the accepted prize claim. Winner is responsible for all federal, state and local taxes associated with acceptance and use of prize. You will receive a tracking number once your package has been shipped. EVGA is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to claim prizes.

The receipt by winner of the prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

7. Rights Granted by You:

By entering this content you understand that Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Contest, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

8. Trademarks:

Trademarks, logos, and service marks displayed on the Website are registered and unregistered trademarks of EVGA Corporation, its subsidiaries, its affiliates, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing contained herein shall be construed as granting, by implication a license or right to use any trademark, logo, or service mark displayed on the Website without the owner’s prior written permission, except as otherwise described herein. You agree that by posting information on the Website and/or any submission in connection with this Contest you grant and assign EVGA and its successors a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to you. You also grant EVGA the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.

9. Terms:

Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Contest should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions.

Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by the Rules; or the use of bots, macros or scripts or other technical means for entering.

Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

10. Limitation of Liability:

By entering you agree to release and hold harmless EVGA Corporation and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error which may occur in the administration of the Contest or the processing of entries.

11. Disputes:

THIS CONTEST IS GOVERNED BY THE LAWS OF UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Orange County, California having jurisdiction.

UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES.

SPONSOR’s TOTAL LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED YOUR ACTUAL OUT-OF-POCKET EXPENSES (I.E. COSTS ASSOCIATED WITH ENTERING THIS CONTEST), AND PARTICIPANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.

12. Winners List:

To obtain a copy of the winner's name or a copy of these Rules, mail your request along with a stamped, self-addressed envelope to: EVGA YouTube Commercial Contest 2018 Winner Confirmation Request, 408 Saturn St., Brea, CA 92821 USA. Requests must be received no later than August 15, 2018.

13. Severability:

If any of the provisions of these Rules are held by a court of competent jurisdiction to be unenforceable or invalid, then such provisions will be ineffective to the extent of the court's ruling. All remaining portions of the Rules shall remain in full force and effect.

14. Sponsor:

The Sponsor of the Contest is EVGA Corporation (EVGA), a California corporation with principal place of business at 408 Saturn St., Brea, CA 92821, USA.