PROMOTIONAL TERMS AGREEMENT
OFFICIAL RULES
NO PURCHASE NECESSARY TO PARTICIPATE.
1. Eligibility.
The Promotions are open only to legal residents of the fifty
(50) United States, the District of Columbia and Canada, with the
exception of Quebec, who: (i) are eighteen (18) years of age or
older at the time of entry; and (ii) currently sell computers, software,
or peripherals; ("Participants"). Membership in AMD's RetailPro Web site is free
and subject to eligibility requirements. Employees of AMD, their
subsidiaries, and agents, and the immediate family (defined as parents,
children, siblings and husband or wife) of each such employee, together
with those with whom such employees are domiciled, are not eligible.
Individuals prohibited from participation in the Promotions by their
employers or otherwise are not eligible. Participants may be required
to submit proof of their eligibility. The Promotions are subject to
all applicable federal, state, and local laws and regulations.
2. How to Play.
Review the current presentations
learning materials. The presentation pages contain all of the information
necessary to answer the quiz questions. The quizzes will be posted the last day of each month. Pass the quiz with a score of 80% or higher or, when applicable, completely review the monthly module to be automatically entered in a random drawing for
the prizes.
LIMIT: Only one registration per person and one prize per household.
Multiple entries by the same person will result in disqualification.
AMD is not responsible for lost, late, incomplete, invalid, illegible
or misdirected entries, which will be disqualified; for failed,
partial or garbled computer transmissions; for technical failures
of any kind, including, but not limited to electronic malfunctioning
of any network, hardware or software; or for any error, human, technical
or otherwise.
3. Prizes.
Prizes are not transferable, and no substitutes for
prizes are available, except by AMD, which reserves the right, in
its sole discretion, to substitute different prizes of comparable
value. Applicable local, state, and federal taxes and any customs
charges or tariffs on prizes must be paid by the winners. Potential
winners of prizes may be required to sign and return an affidavit
of eligibility and release of liability. Failure to return a signed
affidavit/release within seven (7) days of mailing will result in
forfeiture of the prize, except where prohibited by law. Proof of
sending will not be deemed to be proof of receipt by AMD. AMD reserves
the right in its sole discretion to disqualify any individual it
finds to be tampering with the operation of the Promotions or to
be acting in violation of these Official Rules.
4. Judging.
AMD will be responsible for the review and scoring of all quiz
answers and will conduct the drawing. All decisions by AMD are final
and conclusive in all matters relating to this promotion.
5. Winning and Notification.
AMD will select potential winners in a random drawing from
among all eligible entries on or about the 15th of each month. Potential
winners will be contacted by email at the email address listed in
their registration profile. Odds of winning depend on number of
eligible entries received. Failure to comply with any term or condition
in these Official Rules may result in disqualification. The reporting
and payment of any taxes on prizes are the sole responsibility of
the winners. Winners may waive their right to receive a prize. Prizes
will be sent to the address given by the participant in his or her
affidavit approximately three (3) weeks after AMD receives the completed
affidavit of eligibility. If for any reason a potential winner cannot
be reached after a reasonable attempt has been made, the prize will
be awarded to an alternate winner, selected by random drawing from
among remaining eligible entries. Please allow four (4) to six (6)
weeks for delivery of prizes.
6. Duration of the Promotion.
The Promotion periods begin on the last day of each month and end of the last day of the following month. The drawing for Prizes will take place on or about the 15th of each month. Promotion entries, quizzes and question answers received
outside of the specified time periods will not be considered.
7. General Conditions.
Except where prohibited by law, participation in the Promotion
constitutes the winner's consent to AMD's use of the winner's name,
city, state, province or county, and country, likeness, photograph,
statements made by the winner about the Promotion, AMD, and/or prize
information for promotional purposes in any media without further
payment or consideration. BY RECEIPT OF ANY PRIZE, THE WINNER AGREES
TO RELEASE AND HOLD HARMLESS AMD, ITS RELATED COMPANIES, AND ITS
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE
PROMOTION OR RECEIPT OR USE OF THE PRIZE. All entries become the
property of AMD, and none will be returned. AMD is not responsible
for any injury or damage to persons or property which may be caused,
directly or indirectly, in whole or in part, from downloading any
material from AMD's Web site, regardless of whether the material
was prepared by AMD or a third party, and regardless of whether
the material is connected to the AMD's Web site by a hypertext link.
AMD reserves the right to cancel or modify the Promotion if fraud,
technical failures, sabotage, security breach, or any other factor
beyond AMD's reasonable control impairs the integrity of the Promotion
as determined by AMD in its sole discretion. In such event, AMD
reserves the right to award the prizes at random from the eligible
entries received up to the time of the impairment. All federal,
state, provincial and local laws and regulations apply.
8. Miscellaneous.
Participant agrees that: (1) any and all disputes, claims,
and causes of action arising out of or connected with the Promotion,
or any prizes awarded, other than the administration of the Promotion
or the determination of winners shall be resolved individually,
without resort to any form of class action, and exclusively by the
United States District Courts for the Northern District of California
(San Jose Division) or the appropriate California State Court located
in Santa Clara County, California; (2) any and all claims, judgments
and awards shall be limited to actual out of pocket costs incurred,
including costs associated with entering the Promotion but in no
event attorneys' fees; and (3) under no circumstances will Participant
be permitted to obtain awards for and Participant hereby waives
all rights to claim punitive, incidental and consequential damages
and any other damages, other than for actual out-of-pocket expenses,
and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules, or the
rights and obligations of Participant and AMD in connection with
the Promotion, shall be governed by, and construed in accordance
with, the laws of the State of California, without giving effect
to any choice of law or conflict of law rules of provisions (whether
of the State of California, or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than
the State of California.
VOID WHERE PROHIBITED.
© 2008 Advanced Micro Devices, Inc. All rights reserved.
AMD, the AMD Arrow logo, AMD Turion, and combinations thereof, are
trademarks of Advanced Micro Devices, Inc. Other names are for informational
purposes only and may be the property of their respective owners.
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