MKS Instruments
Photon Funny Contest
Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 

1. SPONSOR:  MKS Instruments, Inc. (“MKS” or “Sponsor”), 1791 Deere Avenue, Irvine, CA 92606.
2. OFFICIAL DRAWING RULES.  Entrants shall be deemed to have accepted the following MKS Photon Funny Contest Rules (“Rules”).
3. Eligibility:  The MKS Photon Funny Contest (“Photon Funny Contest”) is open only to legal residents of the fifty (50) states of the United States and the District of Columbia (void in Puerto Rico, all U.S. territories and possessions and overseas military installations) and legal residents of the United States who are at least eighteen (18) years of age or older (or the age of majority in their state of residence, whichever is older) as of September 18, 2023.
   
   All employees of MKS and its parent corporation, subsidiaries, affiliates, sales representatives, distributors, licensees, prize providers, contractors or agents (all of the foregoing, together with Sponsor collectively, “Photon Funny Contest Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Photon Funny Contest. All applicable federal, state and local laws and regulations apply. Void where prohibited by law.
4. PHOTON FUNNY CONTEST PERIOD: The Photon Funny Contest entry period begins at 12:00 AM Eastern Time (ET) on September 18, 2023 and will be ongoing.  Winner(s) will be selected from entries properly submitted to the Photon Funny Contest during the Photon Funny Contest Period.
5. PHOTON FUNNY CONTEST ENTRY INSTRUCTIONS: The Photon Funny Contest must be entered by submitting a valid Photon Funny submission form or via #photonfunny on social media.  The entry must fulfill all Photon Funny Contest requirements, as specified, to be eligible to win a prize.  Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of MKS.  You may enter only one (1) time and you must provide the information requested.  You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the Rules.  Additional entries above the limit will not be considered.  If you use fraudulent methods or otherwise attempt to circumvent the Rules your submission may be removed from eligibility at the sole discretion of MKS.
6. PUBLICITY:  As a condition of entry into the Photon Funny Contest, except where prohibited by law, each entrant by entering and each Prize Winner by accepting the Prize grants to the Photon Funny Contest Entities a perpetual, worldwide, royalty-free license and right to publicize, broadcast, display and/or otherwise use the Photon Funny Contest entrant’s name, city, state and biographical material (collectively, “Licensed Rights”), in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval.
7. SELECTION OF PHOTON FUNNY CONTEST WINNERS:  Potential Prize Winner(s) will be selected on a weekly basis.  The potential Prize Winners will be selected from all eligible entries received during the Photon Funny Contest Period.  The potential Prize Winners will be notified via the email account used to enter the Photon Funny Contest within twenty-four (24) hours after the potential winner is selected (“Prize Award Period”).  The drawing will be conducted by Sponsor, the judge of the Photon Funny Contest, whose decisions on all matters relating to the Photon Funny Contest shall be final and binding.  At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) a potential Prize Winner’s failure to respond to notification promptly after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) a potential Prize Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; (4) a potential Prize Winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within three (3) days after its transmission, if applicable; (5) a potential prize winner’s failure to validly claim the prize within three (3) days after notification; and (6) any other non-compliance with the Rules. In the event of prize forfeiture, Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner(s).
8. PRIZES:  “Prize Winner(s)” will receive their choice of either a $10 Amazon gift card or T-shirt (“Prize”).  The Total ARV is $10.00.
   
   All expenses not specifically mentioned herein (including any taxes, duties, fees and surcharges) are not included as part of any prize package, and are solely the Prize Winner’s responsibility.
   
   Prizes are not redeemable for cash or transferable, except to a surviving spouse residing in the same household.  No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted.  Prizes will not be replaced if lost or stolen and is not redeemable for cash, unless required by law.  The Prizes will be awarded provided they are validly claimed within three (3) days after notification, after which no alternate winners will be selected, nor unclaimed prizes awarded.  All taxes on the Prizes, if any, and other expenses related to accepting and/or using the Prizes not listed in these Rules are the sole responsibility of each Prize Winner, who will receive an IRS Form 1099 reflecting the final actual value of the Prize, if applicable.  Each Prize Winner bears all risk of loss or damage to Prize after it is placed by Sponsor with a third party common carrier for shipment to each Prize Winner, if applicable.
   
   PRIZE IS AWARDED “AS-IS’’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE PHOTON FUNNY CONTEST ENTITIES (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A PRIZE WINNER FOR ANY REASON, INCLUDING FROM ANY PART OF THE TRAVEL AND/OR ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.
9. GENERAL RULES:  By entering or participating in the Photon Funny Contest, participants agree to be bound by these Rules, any applicable terms and conditions and by the decisions of Sponsor, which are final and binding in all respects.  By entering the Photon Funny Contest, entrants waive the right to claim any ambiguity or error in these Rules or in the Photon Funny Contest itself.  Sponsor reserves the right to modify these Rules for clarification purposes without materially affecting the terms and conditions of the Photon Funny Contest.  Photon Funny Contest Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Photon Funny Contest; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Photon Funny Contest, the processing of entries, or the selection or notification of winners.  Further, if, for any reason, the Photon Funny Contest is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Photon Funny Contest (or portion thereof), Sponsor reserves the right, at Sponsor’s sole discretion, to cancel, terminate, modify or suspend the Photon Funny Contest (or portion thereof).
   
   In the event of such cancellation, termination, modification or suspension, Sponsor will select Prize Winner(s) from all eligible, non-suspect entries received prior to such action. Sponsor also reserves the right at Sponsor’s sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Photon Funny Contest or any website operated by the Photon Funny Contest Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.  Photon Funny Contest Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in this Photon Funny Contest or in any activity or travel related thereto or from any interaction with, or downloading of, computer Photon Funny Contest information. Photon Funny Contest Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Photon Funny Contest.
10. Assignment of Rights:  Entrant hereby acknowledges that all materials submitted relating to the Photon Funny Contest (collectively, the “Work”) are a “work made for hire” (as that term is used in the United States Copyright Act) for Sponsor, and assigns to Sponsor (or, if any applicable law prohibits or restricts such assignment, Photon Funny Contestant hereby grants to Sponsor an irrevocable, perpetual, royalty-free, transferable license of) limited right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised.  Entrant acknowledges and agrees that Sponsor may obtain many submissions under this Photon Funny Contest and that such entries may be similar or identical in theme, idea, format or other respects to others submitted under this Photon Funny Contest and/or other Photon Funny Contests staged and/or sponsored by the Sponsor, and waive any and all claims participant may have had, may have, and/or may have in the future, that any composition, design, video and/or other works accepted, reviewed and/or used by the Sponsor (or its respective designees) may be similar to his/her entry. Entrant acknowledges and agrees that the Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrants submission.
11. PARTICIPANT OBLIGATIONS:  THE Photon Funny Contest ENTITIES AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS Photon Funny Contest OR THE USE OR MISUSE OF ANY PRIZE.  By participating in the Photon Funny Contest each entrant (including Prize Winner(s)) agrees to be bound by these Official Rules and the decisions of Sponsor, and agrees to defend, indemnify, release and hold harmless Photon Funny Contest Entities from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of, related to or in connection with (i) the Photon Funny Contest; (ii) receipt or redemption of the Prize; or (iii) entrant’s participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)).  The Prize Winner(s) each assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Photon Funny Contest or use or redemption of the Prize.
12. PERSONAL INFORMATION: The personal information collected through this Photon Funny Contest is subject to MKS Instrument’s Privacy Policy, located at https://www.mks.com/privacy. By entering this Photon Funny Contest, you agree to the use of your personal information as described in the above Privacy Policy.  Sponsor may contact you in order for it to facilitate the realization of the Prize.
13. RULES/WINNERS' LIST REQUESTS: To obtain a copy of these Rules or for notification of the Winner(s), send an email to sales@newport.com with the subject line: MKS Instrument Photon Funny Contest Rules/Winners List Request.  Requests for winners' lists must be received no later than three months after the end of the Photon Funny Contest Period.