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HyperX OC Takeover Terms and Conditions

KINGSTON TECHNOLOGY COMPANY, INC. - HYPERX OVERCLOCKING TOURNAMENT - TERMS AND CONDITIONS

IMPORTANT – PLEASE READ CAREFULLY: THESE OVERCLOCKING TOURNAMENT TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING TERMS AND CONDITIONS GOVERNING YOUR INVITATION TO, AND PARTICIPATION IN, THE HYPERX OVERCLOCKING TOURNAMENT (THE “EVENT”) BEING SPONSORED BY KINGSTON TECHNOLOGY COMPANY, INC. (“KINGSTON,” “WE,” “OUR,” OR “US”).

BY PARTICIPATING IN THE EVENT, YOU REPRESENT TO KINGSTON THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OTHERWISE CAPABLE OF ENTERING INTO AND PERFORMING LEGAL AGREEMENTS AND YOU CONSENT TO BE LEGALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT PARTICIPATE IN THE EVENT.

1. Event. The Event is a free to enter online competition where participates will compete online against overclockers from around the world with the goal of qualifying for the finals to be held at the International Consumer Electronics Show (CES) 2014 in Las Vegas, NV. The detailed rules of the Event (the “Rules”), the registration process and the prizes offered in the Event are available at www.kingston.com/us/landing/hyperx_oc_takeover_competition_rules and are incorporated by reference into these Terms and Conditions. To participate in the Event, you must accept these Terms and Conditions. We reserve the right to cancel, postpone or change the location of the Event in our sole discretion.

2. Expenses. If you qualify for the finals, Kingston will only cover and pay the expenses that are specifically set forth in the Rules. You will be responsible for all other expenses incurred during your stay in Las Vegas, NV. To the extent applicable, you are solely responsible for obtaining appropriate travel documents including a passport and visa to enter the United States of America. You will also be responsible for paying the visa fees or any other charges incurred in traveling for the Event.

3. Compliance with Laws. You agree to comply with all applicable laws and regulations during the Event. It is your responsibility to get conversant with the local laws and regulations as may apply to any of your activities while in Las Vegas, NV including, without limitation, local traffic rules if you intend to drive. If you are below 21 years of age, you are not allowed to drink in the United States of America. Please do not accept or ask for a drink if you are under 21.

4. Compliance with Our Policies. While attending the Event, you agree to comply with all safety, security and facilities procedures, policies and instructions provided to you. We expect you to be respectful to others while you are at the Event. Please do not make any comments, gestures or distribute materials that (i) are hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene, (ii) harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interferes with other participants’ participation in the Event.

5. Return of Materials. Except when expressly allowed by Kingston to take any documents or other tangible objects that are given to you at the Event, you will return all documents and tangible objects to Kingston at the end of the Event and before you leave the premises.

6. No Warranties. You expressly agree that your participation in the Event is at your sole discretion and risk and the Event is being organized with all faults and without warranty of any kind. KINGSTON MAKES NO GUARANTEES REGARDING THE QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, OR USEFULNESS OF THE EVENT. WITHOUT LIMITING THE FOREGOING, KINGSTON HEREBY DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, IMPLIED OR ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE EVENT.

7. Limitation of Liability. KINGSTON AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING ARISING OUT OF YOUR PARTICIPATION IN THE EVENT REGARDLESS OF THE SOURCE OF THE LIABILITY OR THE LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, CONTRACT, BREACH OF WARRANTY, ABSOLUTE LIABILITY IN TORT, MISREPRESENTATION OR OTHERWISE) UNDER WHICH IT IS ESTABLISHED, EVEN IF KINGSTON OR ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

8. Waiver and General Release. As a condition of participating in the Event, you release and forever discharge Kingston and its directors, officers, employees and agents from and against any and all actual and potential, known and unknown, suspected and unsuspected claims, demands, causes of action, liabilities and damages for personal injuries, death, damage or loss to personal property, or other harm or loss of any nature whatsoever sustained in connection with the Event. You further understand, agree, and expressly waive all rights under Section 1542 of the Civil Code of California and any similar laws of any state or territory of the United States. Specifically, said section reads as follows:

“1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him, must have materially affected his settlement with the debtor.”

9. Miscellaneous. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. All disputes relating in any way to these Terms and Conditions or the Event shall be submitted to confidential arbitration in Orange County, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms and Conditions constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms and Conditions is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms and Conditions will remain in full force and effect. These Terms and Conditions constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.