Thank You A MILLION-Instagram Celebration Sweepstakes

Terms & Conditions

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING
SPONSOR: GIGABYTE Technology Co. Ltd., located at No.6, Baoqiang Rd., Xindian Dist., New Taipei City 231, Taiwan (“Sponsor” or ”GIGABYTE”)

1. Eligibility
 Only individuals age 13 and older at the time of entry are eligible to enter the Sweepstakes. Void in Rhode Island and where prohibited by law.

2. Time of Eligibility The Sweepstakes will begin on September 4th, 2020 9:30am (GMT+8) and end September 14th, 2020 11:59pm (GMT+8) (“Sweepstakes Period”). Participants will become eligible for drawings upon the date and time on which they play GIGABYTE filter mini game and share the post on Instagram according to the rules to enter the Sweepstakes. 

3. Agreement to Official Rules By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. How to Enter The sweepstakes is exclusive for GIGABYTE Instagram followers (GIGABYTE’s account: @gigabyte_official). During the Sweepstakes Period, entrant needs to 1. Follow GIGABYTE Instagram and 2. Like the event post. 3. Play #GIGABYTE1M filter mini game. 4. Upon having finished playing the GIGABYTE filter mini game, entrant needs to post image/video with #GIGABYTE1M filter on his/her Instagram account (must be set to be public) with hashtag #GIGABYTE1M and tag the GIGABYTE Instagram account (@gigabyte_official). Entrants may post more than one post for extra Sweepstakes chances. However, each Participant can only win once. Winners will be chosen at random from the pool of entries. Use of any automated system to participate in is prohibited and will result in disqualification. 

5. Review of User-Generated Content For Sweepstakes that require you to submit your original images, videos, music, or other content ("UGC"), the following terms apply: 

5.1You represent and warrant that (i) your UGC is all your own original work and that you have obtained all the required rights, clearances and consents necessary to grant Sponsor the license in Section 5.3 below; (ii) no content, materials or information used in your UGC infringe the intellectual property rights of any third party; (iii) you have not entered into any agreements with third parties that could impair GIGABYTE's right to use your UGC; (iv) any persons whose image is used in your entry has given their consent for such use and has waived any rights they may have in that image as incorporated into your UGC; and (v) you will provide to GIGABYTE, if so requested, written confirmation that you have obtained all required rights, clearances and consents referenced in this sub-section.

5.2 Your entry must not contain any (i) pornography, nudity or sexually explicit imagery; (ii) lewd, obscene, offensive, hateful or abusive imagery or language; (iii) harassing, disparaging or defamatory content; (iv) content that compromises the privacy or safety of yourself or others; (v) content that demeans a particular gender, sexual orientation, disability, religion, race, ethnicity or nationality; (vi) violent or dangerous behavior; and/or (vii) spam, advertising or other commercial activities; or (viii) any other type of content that is indecent, immoral, discriminatory, or portrays or encourages illegal activity.

5.3 By submitting your UGC as part of your entry the Sweepstakes, you hereby grant to GIGABYTE a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to (i) use, copy, transmit, broadcast, distribute, reproduce, modify and otherwise create derivative works of, and publicly perform your UGC in any manner, in whole or in part, to incorporate your UGC into other works, and to otherwise exploit your UGC in any format or medium now known or later developed (collectively, the "Uses"), and (ii) use you’re applicable social media account name/user name, given name, city and state of residence, or other personal information supplied by you ("Personal Information") to identify your UGC in the Uses, without any obligation of attribution or compensation to you.

6. Entry Errors Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors. 

7. Selection of Winners A random drawing will be conducted by Sponsor from all eligible entries received. Winners will be selected (“Winners”) at random. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.

8. Announcements of Winners The name of the Winners will be posted to the “Thank You A Million” event page on September 16, 2020 11:00am (GMT +8). , and left on the page for at least seven days unless a Winner requests that their name be removed. Each Participant gives consent for Sponsor to obtain and share their Instagram account name, user name, given name, email address and physical address, with third parties for the purpose of administering this Sweepstakes, or as otherwise described in these Terms. Gigabyte will treat Participant’s personal information in compliance with Gigabyte’s Privacy Policy. Winners will be contacted via the Instagram Direct Message Account provided during the event, and must notify GIGABYTE that they are accepting the prize. Prize notices returned as undeliverable will result in the disqualification of the potential prize winner and an alternate winner will be selected.

9. Publicity (Permissions) Winners of the Sweepstakes drawings (“Winner” or “Winners”) grant GIGABYTE permission to announce their names as part of its notification to participants. Winners will not receive any further compensation for use of their information

10. PRIZES(1) Nine (9) Winners will be selected at random. 
● 1 Winner will win a GIGABYTE GeForce RTX 2060 SUPER WINDFORCE OC graphics card (estimated retail value $366USD). 
● 1 Winner will win a GIGABYTE B550 Vision D Motherboard (estimated retail value $260USD). 
● 1 Winner will win an Apple Home Pod (estimated retail value $330USD). 
● 2 Winners will win an Apple Air Pods Pro (estimated retail value $209USD). 
● 4 Winners will win a Google Nest Mini (Gen 2) (estimated retail value $53USD).

(2) Bonus prizes will become available when the event achieves the criteria as below. 
● If GIGABYTE Instagram fan increases by 10k during the event(1,020,000 followers by end of September 14th) , we will give out one GIGABYTE Z490 Vision G motherboard. 
If GIGABYTE Instagram fan increases by 50k during the event(1,060,000 followers by end of September 14th), we will give out one GIGABYTE AERO15 SB Laptop.
● For every 10k likes reached during the event, we will give out one GIGABYTE NVMe SSD 1TB. (e.g. 20k likes for SSD x 2, 30K likes for SSD x 3). This SSD bonus giveaway will be limited to 10 SSD.

Any prize details not specified above will be determined by Sponsor at its sole discretion. A prize may not be transferred and must be accepted as awarded. You may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor at its sole discretion. All federal, state, and local tax liabilities are the sole responsibility of the Winner.

11. Granting of Prizes Prizes will be mailed to the address provided by each Winner when notified they have won. In the event that prizes have not yet been made available on the market, GIGABYTE will mail prize within the 90 day period from the time the Winner is announced, or, alternatively, mail a prize of equivalent value and function. Any prize/voucher that remains unclaimed over thirty (30) days after the announcement day of the prize will remain the property of GIGABYTE.

12. Indemnification You agree to release and hold Sponsor, its employees, officers, directors, shareholders, agents, representatives, parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal or other advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Sweepstakes.

13. LIMITATIONS OF LIABILITY Sponsor and each of its respective affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, are not responsible for any incorrect or inaccurate entry information, theft, tampering, destruction, or unauthorized access to, or alteration of entries; printing or other errors; and any entries or mail which are late, lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, postage due or any combination thereof. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes in the event that it becomes necessary due to circumstances beyond Sponsor's control. In the event the Sweepstakes is terminated early, Winners will be selected from all eligible entries received at the time of termination.

14. Severance If any provision of this Agreement is found to be unenforceable in any respect by a court of law, it shall be severed from the rest of the Agreement and the remaining provisions shall nonetheless be enforced to the maximum extent to which they are found by the court to be legally enforceable.

15. Jurisdiction and Venue All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and the Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of Taiwan, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state or jurisdiction's laws. Participants and Sponsor consent to the jurisdiction of Taiwan. However, Sponsor shall be entitled to seek remedies for breach in the jurisdiction of the breaching party’s place of business.

THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.