User Test Drive MSI 2021

1. Event Duration and Enrolment

From Dec. 1st, 2021 – Feb. 28th, 2022 (UTC+8). participants (“You, “Your”, as applicable) may enroll in “Test Drive” program (“Event”). To enter, You must complete the following steps:

• 1. You must be 18 years or older and are a legal resident in an eligible Territory (see eligible Territory list below). Visit the Event website at https://in.msi.com/Promotion/Test-Drive-MSI-2021. You must truthfully and accurately provide the required information according to the onscreen instructions, and agree to these terms and conditions (“Terms”). EACH PARTICIPANT MAY ONLY REGISTER FOR AND PARTICIPATE IN THIS EVENT ONCE. YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF USE BY SUBMITTING YOUR REGISTRATION AND CHECKING THE “I AGREE TO THESE TERMS AND CONDITIONS” OR OR SIMILARLY TITLED CHECK BOX.
  2. Await MSI review which may take up to 14 business days. MSI shall have absolute discretion in selecting candidates for this Event. If MSI determines you meet all eligibility criteria, MSI will contact you via the registered contact address/email to confirm Your availability and details to participate in the Event. Upon confirmation, You will be required to sign a MSI Product Loan Agreement which sets forth additional terms of engagement under this Event.
  3. Once the Product Loan Agreement is mutually executed, the specified MSI product sample(s) will be sent to Your registered address.
  4. You will be required to complete all required performance obligations below within twenty (20) days after receiving the MSI sample(s). Such performances obligations include:
     1. Using and testing the MSI sample(s) under Your normal usage scenarios, or as reasonably requested by MSI
     2. You must use and store the MSI sample(s) in proper care, no less than the reasonable degree which You shall store and use your own property, so that the MSI sample(s) are not damaged or rendered defective through neglect or misuse
     3. Write a review of Your experience with the MSI sample(s) which content shall include, but not be limited to:
        1. What is Your favourite aspect of the MSI sample(s) and how did it improve Your user experience
        2. Why did You choose the specified MSI sample(s) for testing
        3. Did the MSI sample(s) fulfil your needs and expectations? If not, why?
        4. Describe the strengths and weaknesses of the MSI sample(s)
     4. - Post Your review on at least two (2) social media platform (including without limitation, Personal Linkedin, Facebook, Instagram, YouTube, twitter), MSI specified communities and/or personal blogs
     5. Provide MSI with links to Your posting and screenshots of Your postings
     6. Return the MSI sample(s) to MSI at MSI’s direction and expense with the earlier of ten (10) days of the specified usage period, or notice from MSI
  5. The stated performance requirements and proper use and storage of the MSI samples above are crucial to this Event. If You are unable or unwilling to complete the specified performance requirements and such performance is not excused by MSI, or if the MSI samples are damaged or lost due to Your negligence or misuse (ordinary wear and tear excepted), You acknowledge and agree that MSI may seek remedies from You as follows at its sole and absolute discretion: - Charge You for the market value of the MSI product damage and/or loss. Any such MSI invoice shall be due within thirty (30) days of the invoice date.
     1. Eligible Region of this Event: India
     2. If participant specified product(s) are unavailable, MSI may, at its sole discretion, adjust the sample by replacing it with another equivalent or similar product.
     3. This Event is only for eligible end user consumers and not businesses. MSI, MSI affiliates, subsidiary, manufacturer, business partner, distributor, wholesaler, reseller, retailer, or agency employees and their immediate families are not eligible to participate in this Event.
     4. Automated or robotic entries submitted by individuals or organizations will be disqualified. 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 will void that participant's entry and may result in immediate disqualification. All entry must be registered by the end of the Event period in order to participate. MSI's database clock will be the official time keeper for this Event.
     Void where prohibited or restricted by law.

2. Privacy Policy

• 1. 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; and 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 affiliates and 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.

ou 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 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.