OFFICIAL TERMS AND CONDITIONS OF THE EVGA 12 DAYS OF LIVESTREAMING GIVEAWAY

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: The EVGA 12 Days of Livestreaming Giveaway (the “Sweepstakes”) is a global promotion open to individuals over the age of 18 as of the date of entry, and is void where prohibited by law. 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 Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, you agree to be 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 Sweepstakes 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(ies), including the policy regarding the European Union General Data Protection Regulation (also known as the “GDPR”).

3. Sweepstakes Period: Entries will be accepted online starting on December 7, 2020 and ending December 18, 2020. Drawings for the XR1 Capture Device prize will occur once per day, with the final drawings for the XR1 Capture Device and EVGA GeForce RTX 3080 FTW3 taking place on December 18, 2020. All online entries must be received by December 18, 2020 10:00AM PST to be eligible for the final drawings. Entrants need only apply once to be eligible for each drawing throughout the duration of the Sweepstakes.

4. How to Enter: The Sweepstakes must be entered by logging into the user’s activated account at EVGA.com. Participants must have an active EVGA account, which can be created on the sign up page, and then the participant must activate the account. Once logged in, entrants must visit the Sweepstakes page, fill out a brief survey, and submit the survey. The entry must fulfill all Sweepstakes 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: 12 (twelve) Winners will receive an EVGA XR1 Capture Device (MSRP at ~$189.99) and 1 (one) Winner will receive an EVGA GeForce RTX 3080 FTW3 (MSRP at ~$789.99). 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. Odds: The odds of winning depend on the number of eligible entries received.

7. Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. The Winner of the EVGA GeForce RTX 3080 FTW graphics card will be announced on the EVGA Weekly’s “Game and Give” Livestream Event on December 18, 2020. All Winners will be notified via email within 3 business days following the winner selection. 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.

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

8. 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 Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

9. 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 Sweepstakes 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.

10. Terms: Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes 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 Sweepstakes. 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 Sweepstakes or website or violates these Terms & Conditions.

Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, 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 Sweepstakes 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 Sweepstakes 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.

11. 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 Sweepstakes 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 Sweepstakes; (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries.

12. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF UNITED STATES OF AMERICA AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, 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 Sweepstakes, 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 SWEEPSTAKES) AND/OR THE MSRP OF AN AVAILABLE PRIZE AVAILABLE TO THE PARTICIPANT, AND PARTICIPANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.

13. Winners List: To obtain a copy of the winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: The EVGA 12 Days of Livestreaming Giveaway Winners List, c/o Rob Baca, 408 Saturn St., Brea, CA. 92821. Requests must be received no later than January 1, 2021. Please note that winners are also posted on the Sweepstakes page.

13. Severability: If any of the provisions of these Official 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 Official Rules shall remain in full force and effect.

14. Sponsor:  The Sponsor of the Sweepstakes is EVGA Corp., located in Brea, California.