OFFICIAL TERMS AND CONDITIONS OF THE EVGA ELITE MEMBER DAILY GIVEAWAY
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: The EVGA ELITE Member Daily Giveaway (the “Sweepstakes”) is a global promotion open to EVGA ELITE Members, 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.
3. Sweepstakes Period: Drawings will begin on February 12, 2021. The initial Sweepstakes Period will begin February 12, 2021 and will end on February 28, 2021. Drawings will occur once per day, with the final drawing taking place on February 28, 2021. Participants must become EVGA ELITE Members prior to February 28, 2021 10:00AM PST to be eligible for at least one drawing during the initial Sweepstakes Period.
Following the completion of the initial Sweepstakes Period, EVGA may develop additional EVGA ELITE Member Daily Giveaways of the same design. The drawing date(s), number of prizes, and winners will be posted on the EVGA ELITE Member Daily Giveaway website at https://www.evga.com/member/elite/giveaway/.
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. Entrants must also be an active EVGA ELITE Member to enter. Full details to become an EVGA ELITE Member can be found on the EVGA ELITE Membership page, including alternative methods of qualification. ELITE Members that do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. 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 Sweepstakes eligibility may be removed from eligibility at the sole discretion of the Sponsor.
EVGA ELITE Members who obtained EVGA ELITE Membership prior to the first Sweepstakes drawing will be automatically entered into the Sweepstakes and eligible for the initial drawing. ELITE Members who obtain ELITE Membership after the initial Sweepstakes drawing will be eligible for any subsequent drawings that have not yet ascertained a winner. ELITE Members eligible for any drawings during the initial Sweepstakes will be entered into all future EVGA ELITE Member Daily Giveaways; ELITE Members who obtain EVGA ELITE Membership subsequent to the initial drawing will be eligible for drawings in future EVGA ELITE Member Daily Giveaways that have not yet ascertained a winner. New EVGA ELITE Member Daily Giveaways will be updated on the EVGA ELITE Member Daily Giveaway website.
5. Prizes: The initial Sweepstakes will feature 17 (seventeen) prize winners. Each prize will consist of 1 (one) EVGA product (valued at MSRP at the time of the drawing). 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.
Following the completion of the initial Sweepstakes Period, EVGA may develop additional EVGA ELITE Member Daily Giveaways of the same design. The drawing date(s), number of prizes, and winners will be posted on the EVGA ELITE Member Daily Giveaway website at https://www.evga.com/member/elite/giveaway/. All prizes offered shall be valued at MSRP at the time of the drawing.
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. All winners will be posted on the Sweepstakes website on each day of the drawing. Winners have up to 15 days to contact Sponsor at email@example.com to claim their prize.
Upon receipt of Winner’s prize claim, Sponsor will direct Winner to the official Terms and Conditions and Winner must confirm acceptance of these Terms and Conditions to continue. Once accepted, Sponsor will verify Winner’s information, address, and whether additional forms and declarations are required before shipping the 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 via Sponsor’s choice of carrier and speed within a reasonable time after Winner has contacted Sponsor and provided all necessary forms and/or declarations, if applicable.
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.
Following the completion of the initial Sweepstakes Period, EVGA may develop additional EVGA ELITE Member Daily Giveaways of the same design. The winner selection and notification requirements will remain the same as the initial Sweepstakes.
8. Rights Granted by You: By participating in this Sweepstakes and/or future EVGA ELITE Member Giveaways 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 future EVGA ELITE Member Daily Giveaways, 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 and future EVGA ELITE Member Daily Giveaways 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 and/or future EVGA ELITE Member Daily Giveaways 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 and/or future EVGA ELITE Member Daily Giveaways. 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 and/or future EVGA ELITE Member Daily Giveaways, website, or violates these Terms & Conditions.
Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes and future EVGA ELITE Member Daily Giveaways, 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 and future EVGA ELITE Member Daily Giveaways rules; or the use of bots, macros or scripts or other technical means for participating.
Any attempt by a participant to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes and/or future EVGA ELITE Member Daily Giveaways 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 future EVGA ELITE Member Daily Giveaways 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 or future EVGA ELITE Member Daily Giveaways; (v) electronic or human error which may occur in the administration of the Sweepstakes and/or future EVGA ELITE Member Giveaways or the processing of prize claims.
12. Disputes: THIS SWEEPSTAKES AND FUTURE EVGA ELITE MEMBER DAILY GIVEAWAYS ARE 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 and future EVGA ELITE Member Daily Giveaways, 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 and/or future EVGA ELITE Member Daily Giveaways, 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 FUTURE EVGA ELITE MEMBER DAILY GIVEAWAYS) 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 ELITE Member Daily Giveaway Winners List, c/o Rob Baca, 408 Saturn St., Brea, CA. 92821. Requests must be received no later than 3 weeks after the final drawing of the Sweepstakes or future EVGA ELITE Member Daily Giveaways. Please note that winners are also posted on the Sweepstakes page.
14. 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.
15. Sponsor: The Sponsor of the Sweepstakes and future EVGA ELITE Member Daily Giveaways is EVGA Corp., located in Brea, California.