The Partner with Creators – Collaborate with MSI (“Event”) begins on Mar. 1st, 2023 at 00:01 AM (UTC +8) and ends on Mar. 22nd, 2023 at 11:59 PM (UTC +8) (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.

• Eligible participants and Territory: Content creators residing in Korea with publicly displayed and available created content on any social media platform or channel, including without limitation, YouTube, TikTok, Blog, etc. Proof of residency may be required. Participants must be eighteen (18) years of age or older at the time of entry.
• Entry: Enter the Event landing page during the Event Period and complete the following registration steps:
  • Fill out the registration form and truthfully and accurately provide the requested information;
  • Provide, were indicated, samples and/or references for your created content. Such account and content must be public to be eligible for consideration.
  • Submit your completed registration and await MSI review. Event registration must be completed during the Event Period. Each entrant may only register once. Multiple entries through use of different accounts, emails, or by automated means, are prohibited.
• On or before Apr. 7th, MSI will select three (3) participants whom we intend to cooperate with for the creation and publication of a collaboration video or article with a commensurate MSI product. In consideration thereof, MSI will reach out to each selected participant for further cooperation details, which will include the following terms:
  • MSI will provide each selected participant one (1) RTX 4090 SUPRIM X 24G graphics card (MSRP KRW 2,899,000) for use in the creation of a video or article. The graphics card will be provided on a loaned basis until MSI verifies that other Event participation requirements have been met. Once confirmed, as informed by MSI to the participant in writing, the provided graphics card will be deemed gifted.
  • Each participant will have creative control to device, create, film, edit, and produce a video or article featuring the MSI provided graphics card of an agreed length or style as reasonably agreed to by MSI. Participant will provide MSI with the near final version of the content for review and approval.
  • Each participant will upload the MSI approved content on each social media platform or channel listed in the Event registration form within the timeframe specified by MSI. Each MSI approved content will also be licensed to MSI for use as further described in these Terms and Conditions below.
  • If the selected participant fails to create the content required, or make the postings or publications required under this Event, the MSI may, at its sole discretion, invoice the participant for the market price of such product, or request the immediate return of the graphics card, with the participant being liable to MSI for any damage or loss of the graphics card.
• 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 any works, video, artwork, photos, or other content (e.g. comments) used or referenced violate applicable law or the rights of third parties. The same applies to 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.
• 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).
• 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. 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.

• 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 works you submit to MSI 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.
• 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.

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; or 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.

For any material You may provide to us for this Event, including without limitations, pictures, videos, reviews, content, comment, feedback, and written material, as applicable (collectively, “Submitted Materials”), You hereby grant MSI and its worldwide subsidiaries a perpetual, irrevocable, royalty-free, fully paid up, worldwide, sublicensable license to use, reproduce, copy, distribute, create derivative works of, publicly display and perform, and otherwise use or exploit the Submitted Materials in any legal manner reasonably determined by MSI and subject to MSI’s Privacy Policy.

You hereby represent and warrant that:

• The information You have provided is accurate and true;
• You have the full authority, capacity, power, and right to enroll in this Event, and make the required license grant, representation, and warranties under this Terms and Conditions;
• You have obtained and will maintain all applicable approval, consent, permissions, licenses, and waivers necessary to grant the licenses stated above to MSI and its subsidiaries; and
• You have complied with all applicable laws in enrolling in this Event.

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:

• MSI reserves the sole and discretionary right:
  • 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;
  • to replace the prize with items of similar value without prior notice;
  • to vary, delete or add to any of these terms and conditions without prior notice;
• 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;
• 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.

This Terms and Conditions is governed and construed by the laws of Taiwan, regardless of conflict of law principles, and all disputes arising from the Event and these terms shall be adjudicated by the Taipei District Court in Taipei, Taiwan. Any provision invalidated by a competent court shall be stricken, and the remaining Terms and Conditions will remain in full force and effect. Failure by MSI to enforce any right under this Terms and Condition shall not be deemed to be a waiver. MSI shall not be liable for any failure to perform due to circumstances beyond its reasonable control. This Terms and Conditions shall not be assigned or otherwise transferred by You to any other third party; all unauthorized assignments are null and void. This Terms and Conditions constitute the entire agreement between the parties with respect to the Event, and supersede any prior agreements, communications, representations, or discussions, oral or otherwise.