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AMD Peak Performer 2003 Promotion
Official Rules
No purchase necessary to participate or win. Void in Quebec and where prohibited.
1. Timing
The “AMD Peak Performers” Promotion (“Promotion”) starts on February 1, 2003 at 8:00AM EST and ends April 30, 2003 at 5:00PM PST (Promotion Period).
2. Eligibility
Promotion is open only to System Builders, defined as those customers which purchase AMD PIB products directly from one of the following AMD authorized distributors in North America: www.amd.com/authorizeddistributors. AMD authorized distributors, AMD authorized associate distributors, employees of Advanced Micro Devices, Inc. (“AMD”), its subsidiaries, affiliates, and agents, and the immediate family (defined as parents, spouse, children, siblings and grandparents) of each such employee, together with those with whom such employees are domiciled are NOT eligible. By participating in the Promotion, participants warrant that they are eligible to participate under the applicable law governing procurement of prizes and awards. Sponsor reserves the right to disqualify any participant if Sponsor determines that participant’s participation in the Contest or receipt of prize would violate state or local law. Participants may be required to submit proof of eligibility.
3. How to Enter
After reviewing these Official Rules, System Builders can enter by either:
- placing an order for and purchasing ten (10) or more AMD Athlon™ Processor-in-a-Box products on a single invoice from one of the authorized distributors listed above within the Promotion Period. System Builders will receive one entry for every order on a single invoice comprising ten (10) or more AMD Athlon Processors-in-a-Box purchased; or
- sending in a postcard of your choice with your System Builder name, contact name, address, phone number and email address, as well as your preferred AMD authorized distributor name to: AMD Peak Performers Promotion, One AMD Place, P.O. Box 3453, MS 76, Sunnyvale, CA 94088, within the Promotion Period. Enter as many times as you like.
At the end of the Promotion Period AMD authorized distributors will report each System Builder’s orders to Sponsor. Sponsor will calculate entries for System Builder purchases based solely on these reports, and Sponsor is not responsible for the validity of the sales data calculated and provided by AMD authorized distributors, or for any errors, miscalculations, or other discrepancies in the distributors’ reporting.
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. AMD reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Promotion, the entry process, or to be acting in violation of these Official Rules.
Potential winners which are Residents of Canada will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a mathematical, time-limited, skill-testing question to be administered by telephone, email or mail, in order to win the prize.
Odds of winning depend on number of eligible entries received.
4. Winning and Notification
Sponsor will select potential winning System Builder during a random drawing on or about May 30, 2003 from among all eligible entries received. Potential winning System Builder will be notified on or about June 13, 2003 by telephone or e-mail. To claim a prize, potential winning System Builder must execute and return within fourteen (14) days of receipt and Affidavit of Eligibility (or in Canada, a Declaration of Compliance), Liability Release and a Publicity Release. Failure to do so will result in forfeiture of the prize and selection of an alternative potential winning System Builder at random from all eligible entries received. Failure to comply with any term or condition in these Official Rules may result in disqualification. Winners may waive their right to receive a prize, in which case an alternate winner will be selected in the manner described above.
5. Prizes
Prizes: (1) Grand Prize: A 2002 Isuzu NPR 14 ft. delivery vehicle. Approximate Retail Value: $24,995.00. Vehicle color and features will be selected by AMD at its sole discretion.
Representative of Winning System Builder who claims prize must be at least 18 years of age, a licensed U.S. driver, and have proof of auto insurance. All taxes, federal, state, or local, and any customs charges or tariffs; registration fees; and insurance costs will be the sole responsibility of the winner. Winner agrees to accept vehicle “as is” and AMD makes no representation or warranty, expressed or implied, regarding quality, safety or fitness of the prize awarded in this contest. Prize is not transferable, and no cash substitutes for prize is available, except by AMD, which reserves the right, in its sole discretion, to substitute different prize of comparable value. The winner will be solely responsible for any costs and insurance associated with delivery of any prize.
6. General Conditions
Except where prohibited by law, participation in the Contest 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 Contest, AMD, and/or prize information for Contest 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 Contest or receipt, possession, use or misuse of the prize. All entries become the property of Sponsor, and none will be returned. Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Promotion as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize at random from the eligible entries received up to the time of the impairment. All federal, state, provincial and local laws and regulations apply. Void where prohibited.
7. Miscellaneous
Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, other than the administration of the Contest 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 this Contest but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant 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 you and Sponsor in connection with the Contest, 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.
8. Sponsor
The Sponsor of this contest is Advanced Micro Devices, Inc., One AMD Place, P.O. Box 3453, Sunnyvale, CA 94088-3453.
9. Winners List
The winners list, will be available by mailing a request to: AMD, One AMD Place, P.O. Box 3453, MS 76, Sunnyvale, CA 94088 Attn: AMD/Peak Performance Promotion Winners List.
VOID WHERE PROHIBITED.
© 2003 Advanced Micro Devices, Inc. All rights reserved. Advanced Micro Devices, Inc., AMD, the AMD Arrow logo and AMD Athlon, and combinations thereof, are trademarks of Advanced Micro Devices, Inc.
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