Official Terms and Conditions of the EVGA Be The First To Try Out XR1 Promotion

The EVGA Be The First To Try Out XR1 Promotion ("XR1 Capture Device Promotion") grants a limited number of applicants the exclusive opportunity to test and provide feedback on the EVGA XR1 Capture Device. Participants are limited to a maximum of 50 (fifty) EVGA accounts in good standing. EVGA is looking for a diverse field of individuals to participate in the XR1 Capture Device Promotion to provide feedback about capture cards and demonstrate the performance and capabilities of the EVGA XR1 Capture Device by recording and uploading a 1-5 minute video to YouTube.

To participate, EVGA Members (“applicants”) must first fill out a brief survey on the XR1 Capture Device Promotion event page to determine an applicant’s qualifications. EVGA will periodically review completed surveys and select up to 50 (fifty) qualified applicants to become participants for the XR1 Capture Device Promotion.

Once selected, participants will be shipped an EVGA XR1 Capture Device. Once received, Participants will have 14 (fourteen) days to test the XR1 and submit a video created while using the XR1 that may be shown on EVGA.com! Once complete, participants may keep the XR1 Capture Device.

Duration of Promotion:

The XR1 Capture Device Promotion will begin accepting applications beginning on September 16, 2020 at 10am PDT and will remain open until 50 (fifty) applicants are selected (“participants”). If a participant is ultimately deemed ineligible or chooses not to participate, EVGA may select a replacement from the eligible pool of applicants.

Eligibility:

The EVGA XR1 Capture Device Promotion is a global promotion. All applicants must comply with the following:

• The XR1 Capture Device Promotion is open only to those who are over the age of 18 as of the date of entry. The XR1 Capture Device Promotion is open only 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 Terms and Conditions with your application, and that such agreement constitutes acceptance of these Terms and Conditions on behalf of you and themselves.
• You must have a registered EVGA.com account in good standing (registration is free through EVGA's website), subject to and in compliance with the requirements of these Terms and Conditions. You may sign up here:
  • https://secure.evga.com/US/signup.asp
• You must review and confirm that the address listed on your profile is correct.

Additional Requirements:

• All selected participants are required to have an active YouTube account in order to upload a video created during the XR1 Capture Device Promotion. Once complete, participants will provide the link to EVGA to fulfill their obligation under this promotion.
• Employees and directors of EVGA, and its subsidiaries, affiliates, parent companies, distributors, retail dealers, advertising and promotional agencies, and the immediate family members or those living in the same household with such individuals, are not eligible to participate in this XR1 Capture Device Promotion. All international, federal, state, provincial, and local laws and regulations apply. VOID where prohibited.

How to Enter:

XR1 Capture Device Promotion entries are limited to one (1) per person, per household. EVGA is not responsible for Internet submissions not received due to technical/transmission problems beyond its reasonable control. To enter:

1. Log in to your EVGA.com account. If you do not currently have an EVGA account, you will need to first create a free account at https://secure.evga.com/US/login.asp.
2. Visit the XR1 Capture Device Promotion landing page at https://www.evga.com/articles/01427/evga-xr1-promo/
3. Fill out the application survey and confirm your address.
4. After the previous steps are completed, review, agree, check the necessary boxes, and then submit your entry.
5. If you are selected as a participant, you will receive an email from EVGA with further details of the XR1 Capture Device Promotion and other additional information as needed.

Role and Expectations of Participant:

• Role:
  • The XR1 Capture Device Promotion is designed to allow a variety of EVGA enthusiasts to try out EVGA’s brand new XR1 Capture Device and produce their own recorded or streaming video.
  • Selected participants will receive one XR1 Capture Device for the purpose of this promotion.
  • Participants should use the XR1 Capture Device to record or stream a 1-5 minute video.
• Expectations:
  • Participants will be expected to test the product provided by EVGA over the course of 2 (two) weeks.
  • Participants will be expected to produce one of two types of videos:
    • Video 1 – Game Streamer.
      • Videos of this type are relatively self-explanatory. Test out your favorite games and record yourself winning, failing, or simply having fun. String together the best clips (or worst clips) and upload your video to let the world see how you game.
    • Video 2 – Working Professional.
      • Videos of this type are for professionals that record or stream content on a regular basis. This could include podcasts, how-to videos, product reviews, etc.
  • After producing a 1-5 minute video, participant must upload the video to their YouTube account and make the video public.
  • Lastly, participant must provide the video’s link to EVGA. Further information will be provided to participants to explain this process.
• Video Requirements
  • 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.

Participant Selection, Notification, and Acceptance:

The 50 (fifty) participants of the XR1 Capture Device Promotion will be selected from the pool of applicants. Each applicant will be subject to a careful review via the submitted application survey. Because EVGA is looking for various types of capture card users, applicants are not guaranteed to be selected via the order of applications (i.e. first come-first served), but it is encouraged to submit an application as early as possible.

Participants will be notified via their provided email on participant’s account at EVGA.com once their application is accepted. EVGA shall have no liability for a participant's failure to receive notices due to spam filters, junk e-mail or other security settings, or for a participant's provision of incorrect or otherwise non-functioning contact information. If the selected participant cannot be contacted, is ineligible, fails to respond within 7 days from the time the notification was sent, the evaluation opportunity may be forfeited and an alternate winner selected.

Participant is responsible for all federal, state and local taxes associated with acceptance and use of the product. EVGA is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to claim the product.

Additional Terms and Exclusions for Participant Selection and Acceptance:

By submitting an application to become a participant of the EVGA XR1 Capture Device Promotion, applicant acknowledges, understands, and agrees that EVGA has the right to approve, disqualify, or exclude any application for any reason, at its sole discretion. With that said, EVGA agrees that it will review submissions in good faith, including instances where applicant may not have submitted all necessary information, provided incomplete information, or failed to follow all rules of the XR1 Capture Device Promotion.

As noted above, only 50 (fifty) products will be available to participants of the XR1 Capture Device Promotion. In the event that a product becomes damaged or no longer works, the participant should contact EVGA to request a replacement. EVGA, in its sole discretion, may provide a replacement XR1 Capture Device to participant, but a replacement is contingent upon available stock of the product. In the event that a replacement product cannot be immediately sent, participant should attempt to submit a video with any or all recorded video up to that point.

Disclaimer and Compensation Terms

The EVGA XR1 Capture Device Promotion will provide each final participant with 1 (one) EVGA XR1 Capture Device.

Due to the potential limited number of products available for the XR1 Capture Device Promotion at the time of its inception, EVGA may be unable to replace the product provided to Participant in the event the product cannot function or fails during testing. As noted above, please contact EVGA Customer Service to request a replacement, and EVGA will determine if a replacement can be sent to the participant at that time.

Participants who test the product and complete/submit the requested 1-5 minute YouTube video may keep the XR1 Capture Device. This capture card will carry its standard global 2 (two) year warranty, and participants are encouraged to contact EVGA Customer Service with any questions or issues related to the capture card.

Rights Granted by You:

By participating and submitting a video to EVGA in connection with the XR1 Capture Device Promotion, you understand and agree that EVGA, anyone acting on behalf of EVGA, 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 XR1 Capture Device Promotion, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

Applicant/Participant, Trademarks, and Intellectual Property Rights:

All applications are the sole and exclusive property of EVGA. All content provided in applications will be kept internal, unless applicant/participant later agrees in writing to allow EVGA to use such content for marketing purposes. Otherwise all data provided to EVGA through the application survey is governed by EVGA’s Privacy Policy.

All applicants and participants understand and agree to waive any trademark, copyright, or intellectual property rights that they may be entitled to when providing information and feedback through the application survey.

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 XR1 Capture Device Promotion 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.

Participants warrant that their recorded/streamed videos are original and that they are the sole and exclusive owner and rights holder of the submitted recorded and/or streamed videos. Each Participant agrees not to submit any recorded and/or streamed videos that (1) infringe 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.

Unsolicited Idea Submissions

EVGA does not accept, review or consider unsolicited ideas, product designs, proposals, strategies, marketing content, projects, or similar (all of the foregoing “submissions”).

The EVGA XR1 Capture Device Promotion is designed to elicit feedback, discussion, opinions, and ideas regarding the capture card industry, and also to assist participants to create their own video or streamed video. In the course of applying and participating, EVGA ELITE Members may offer unsolicited feedback about other products, future products, or products that they would like EVGA to create. This may include not only the names or physical designs of existing or fictional products, but also certain features, functionality, or other bespoke qualities of such.

EVGA requests that applicants and participants of the XR1 Capture Device Promotion do not send or provide submissions in any form to EVGA or any of its employees outside the scope of what is requested to apply or participate in the XR1 Capture Device Promotion. Because EVGA has many ongoing internal projects, unsolicited submissions can create misunderstandings or disputes down the road that seem similar to an unsolicited submission provided. If an applicant or participant still wishes to submit an unsolicited idea, then applicant/participant hereby agrees to the following without exception, and regardless of any proposed terms/conditions contained within a memorandum that accompanies the submission (if any):

• All unsolicited submissions and their content, along with any intellectual property contained therein, will automatically become the property of EVGA without any compensation to applicant or participant.
• EVGA may use any portion or redistribute submissions and their contents for any purpose and without limitation.
• There is no obligation for EVGA to review the submissions
• There is no obligation to keep any submissions confidential

Please note that EVGA does encourage feedback about its products, website, and customer experience, which can be provided at https://www.evga.com/support/suggestions.asp. Any feedback provided on this page will be deemed to be non-confidential and not proprietary. EVGA may use or redistribute information submitted on this page without limitations or compensation to the author.

Additional Terms and Conditions:

EVGA reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the XR1 Capture Device Promotion should a virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the XR1 Capture Device Promotion. In such case, EVGA may select participants from all eligible entries received prior to and/or after (if appropriate) the action taken by EVGA. EVGA 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 XR1 Capture Device Promotion, the EVGA.com website or violates these Terms & Conditions.

EVGA has the right, in its sole discretion, to maintain the integrity of the XR1 Capture Device Promotion, to void entries 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 XR1 Capture Device Promotion Rules; or the use of bots, macros or scripts or other technical means for entering.

Any attempt by an applicant to deliberately damage any web site or undermine the legitimate operation of the XR1 Capture Device Promotion may be a violation of criminal and/or civil laws. Should such an attempt be made, EVGA reserves the right to seek damages from any such person to the fullest extent permitted by law.

Limitation of Liability:

By applying to enter, applicant/participant agrees 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 applicant's participation in the XR1 Capture Device Promotion and/or their acceptance, possession, use, or misuse of the product 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 application process of the XR1 Capture Device Promotion; (v) electronic or human error which may occur in the administration of the XR1 Capture Device Promotion or the processing of entries.

Disputes:

THIS XR1 Capture Device PROMOTION 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 XR1 Capture Device Promotion, applicant/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 XR1 Capture Device Promotion, 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.

EVGA’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. DUTIES AND/OR TAXES ASSOCIATED WITH CUSTOMS FEES AND COSTS ASSOCIATED WITH ENTERING THIS XR1 Capture Device PROMOTION) AND/OR THE MSRP OF AN EVGA XR1 Capture Device, AND PARTICIPANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.

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.

Void wherever restricted or prohibited by law.