AMD 2019 50th Anniversary #AMD50 Radeon Sweepstakes

Document created by thepancake Employee on Apr 30, 2019Last modified by thepancake Employee on May 1, 2019
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Official Rules

 

No purchase necessary. A purchase will not increase your chances of winning.

 

  1. Sponsor: The AMD 2019 50th Anniversary #AMD50 Radeon Sweepstakes (“Sweepstakes”) is sponsored by Advanced Micro Devices, Inc., 2485 Augustine Dr., Santa Clara, CA 95054 (“AMD” or “Sponsor”).

 

The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter Inc. (“Twitter”).

 

  1. Eligibility:The Sweepstakes is open only to persons who are at least 18 years of age (or at least the minimum age of majority in their place of residence, whichever is greater) as of the start of the Entry Period (defined below), and who submit a valid Entry (as defined below) (“Participant”).  Residents of Cuba, Iran, North Korea, the Sudan, Syria, Burma/Myanmar, or other countries that are restricted for businesses based in the United States are not eligible to participate in the Sweepstakes.  Additionally, the residents of the Argentinian provinces of Mendoza, Neuquén, Rio Negro, Salta and Tierra del Fuego, Australia, Belarus, Brazil, Colombia, Costa Rica, Croatia, Czech Republic, France, Hong Kong, Hungary, Indonesia, Israel, Luxembourg, Malaysia, Mexico, The Philippines, Poland, Portugal, , Serbia, Singapore, Spain, Turkey, Thailand, Venezuela, the U.A.E., and the Canadian province of Quebec are not eligible to participate in the Sweepstakes.  Employees of Sponsor, its subsidiaries, affiliates and agents, and the immediate family (defined as parents, children, siblings, domestic partner, husband or wife) of each such employee, together with those with whom such employees are domiciled, are not eligible to participate.  By participating in the Sweepstakes, Participants warrant that they are eligible to participate under the applicable local laws governing procurement of prizes and awards.  Sponsor reserves the right to disqualify any Participant if Sponsor determines, in its sole discretion, that Participant’s participation in the Sweepstakes or receipt of prize would violate local law or cause damage to the reputation of AMD and/or any other party. Participant may be required to submit proof of his/her eligibility.

 

  1. Agreement to Official Rules:Participation in the Sweepstakes constitutes Participant’s full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor, which are final and binding.  Winning a prize is contingent upon fulfilling all requirements set forth herein. These Official Rules will be posted online at: https://community.amd.com/docs/DOC-2212.

 

  1. Entry and Entry Period: The Sweepstakes will start on May 1, 2019 at 10:00:00 AM Central Time ("CT") and end May 17, 2019 at 3:00:00 PM CT (“Entry Period”). Sponsor’s computer systems will be the official timekeeping device for the Sweepstakes.  Sweepstakes Entries that are submitted before or after the Entry Period will be disqualified.

 

Create and Submit an Entry: During the Entry Period, Participant will need to use his or her Twitter account.  Creating a Twitter account is free, but is subject to the applicable terms of service (https://twitter.com/tos).  Important: Participant’s account settings on the Twitter account that is used to enter the Sweepstakes must be set to “public” in order for Participant’s post to be viewable by Sponsor. To earn one (1) entry into the Sweepstakes (“Entry”), Participant must:

 

  1. Log into his/her valid Twitter account and follow the AMD Twitter account, “@Radeon”;
  2. On the @Radeon Twitter account, locate the Tweet with instructions on how to enter the Sweepstakes (“Sweepstakes Post”);
  3. In English, as a “reply Tweet” to the Sweepstakes Post, create a Tweet describing Participant’s favorite memory about AMD (“Entry Tweet”);
  4. The Entry Tweet must contain the hashtag #AMD50;
  5. Publish the Entry Tweet.

 

ENTRIES WILL NOT BE JUDGED.  Post only one Entry Tweet.  Posting multiply Entry Tweets, including as reply Tweets to multiple Sweepstakes Posts will not result in multiple entries into the Sweepstakes. Failure to include the required hashtags will void the Entry.  Any other language or information in the Tweet included by a Participant is deemed to be part of the Entry, and Participant gives Sponsor, its designees, successors, assigns and licensees a royalty-free, irrevocable, non-exclusive worldwide license to use, reproduce, modify, publish, create derivative works from, and display the Entry and all elements embodied therein, along with the Participant’s name and/or Twitter account handle, in any manner, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for advertising, promotional, marketing and other purposes, without further payment or consideration, notification or permission.  If requested, Participant will sign any documentation required for Sponsor or its designees successors, assignees and licensees to make use of the non-exclusive rights Participant is granting to use the Entry.  Released Parties (as defined below) are not responsible for lost, late, stolen, incomplete, inaccurate, invalid, un-intelligible, garbled, delayed or misdirected posts, all of which will be void.

 

The Entry must comply with the following content guidelines (“Guidelines”). Entries that do not fully comply with these Guidelines shall be disqualified from the Sweepstakes:

 

  1. The Entry may not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement.
  2. The Entry must not in any way disparage Sponsor, any of its products or services, the Sweepstakes, or any person or party affiliated with the Sweepstakes, or alternatively appear to promote any direct competitor of Sponsor;
  3. The Entry may not contain text or imagery that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor in its sole discretion);
  4. The Entry must not include threats (expressed or implied) to any person, place, business, or group;
  5. The Entry must not invade privacy rights or any other rights of any person, business, or group, and the Entry must not name or depict any third party without his/her permission;
  6. The Entry must not contain text or imagery that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  7. The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Entry is created.
  8. The Entry must comply with all applicable Twitter Terms of Service, found at http://twitter.com/tos.

 

For All Entries: Limit one (1) Entry per person, account handle, or household. Any Entries that do not comply with the above Guidelines will not be eligible to win a prize. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Entry, the Authorized Account Holder of the email address used to register for Participant’s Twitter account will be deemed to be the Participant. The “Authorized Account Holder” is the natural person assigned the email address used to register for the Twitter account, as that is determined by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Entries, which may be disqualified, or for any error, human, technical or otherwise.

 

Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Sweepstakes or to be acting in violation of these Official Rules.

 

  1. Winner Selection:Sponsor will randomly select five (5) potential winners on or around May 17, 2019 (the “Drawing Date”). Odds of winning depend upon the number of eligible Entries received.

 

  1. Prize Notification and Delivery:  Potential winners are subject to verification, including verification of age. Potential winners in Belgium, Canada, Denmark, and India will be required to correctly answer a mathematical skill-testing question without mechanical or other aid, and, in the case of potential winners from Argentina, will be required to answer a cultural question (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of release). If a potential winner of any prize cannot be contacted, fails to comply with these Official Rules, fails to respond to the notification within the required time period, fails to provide the requested information, fails to correctly answer the skill-testing question (if applicable) , or in the case of potential winners from Argentina to correctly answer a cultural question, the prize or notification is returned as undeliverable, or is determined by the Sponsor to be otherwise ineligible, he/she forfeits the applicable prize.  In the event that a potential winner is disqualified for any reason, including ineligibility or forfeiture, Sponsor reserves the right to award the prize to a potential substitute winner, in order of being drawn, and each such potential substitute winner will also be subject to the prize notification and delivery requirements set forth in this paragraph, which may include that the potential substitute winner will be obliged to answer correctly a mathematical skill-testing question or, in the case of potential substitute winners from Argentina, a cultural question. If for any reason a potential winner is disqualified, the prize may be awarded to a potential alternate winner, selected by random drawing from among remaining Eligible Entries.  Only two (2) alternate drawings will be held, after which the prize will remain un-awarded.  Prizes will be distributed to the winner within thirty (30) days of winner announcement upon completion of the Sweepstakes. Potential winners may waive their right to receive a prize, in which case an alternate winner may be selected in the manner described above. Allow 6-8 weeks for prize delivery.

 

  1. Five (5) Prizes: one (1) Radeon VII Gold Edition graphics card (the “Prize”). Approximate retail value (“ARV”) per Prize: $ 699.99 USD. Total ARV: $ 3,499.95 USD. Approximate ARV as of April 29, 2019.

 

For All Prizes: Maximum one (1) Prize per person, account handle, or household. Prices and exchange rates may vary, and dealer may sell for less.  All aspects of the prizes not noted above (e.g., color, style, size, etc.), if applicable, will be selected by Sponsor in its sole discretion. Prize must be accepted as awarded and may not be transferred, substituted or redeemed for cash or otherwise, except at Sponsor’s sole discretion or as contemplated herein. Sponsor reserves the right to substitute a prize of equal or greater monetary value if the prize, or any component of the prize, cannot be awarded for any reason. Sponsor is responsible only for shipping of the prize and is not responsible for prize utility, quality or otherwise, except as provided under product warranty or if required by law.  Once a prize is shipped and/or delivered to the winner, Sponsor is not responsible for any prize that is lost, stolen, mutilated, destroyed, misdirected, or undelivered for any reason.  Sponsor will not replace any lost or stolen prize items.  Taxes and fees, if any, are the sole responsibility of prize winners.  If required, any applicable forms will be filed with the appropriate taxing authority.

 

  1. Release:By participating, Participant agrees to release and hold harmless Sponsor, Twitter, and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

 

  1. Privacy:Except as set forth herein, all information submitted by Participants in the Sweepstakes will be treated according to the Sponsor’s Privacy Policy at https://www.amd.com/en/corporate/privacy.

 

  1. General Conditions:Except where prohibited by applicable law, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s use of the winner’s name, city, state, province or county, and country, likeness, photograph, statements made by the winner about the Sweepstakes, Sponsor, and/or prize information for Sweepstakes purposes in any media without further payment or consideration, including, but not limited to, posting winner lists online.  All Entries become the property of Sponsor, and none will be returned. Sponsor reserves the right to terminate, amend, suspend or modify this Sweepstakes in whole or in part, at any time and without notice or obligation, if in Sponsor’s sole discretion, any factor interferes with its proper conduct as contemplated by these Official Rules. Without limiting the generality of the foregoing, if, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Entry process. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or of any other provision of these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

 

  1. Limitations of Liability:The Released Parties are not responsible, to the extent permitted by law, for: (1) any incorrect or inaccurate information, whether caused by Participant, printing errors or omission or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; or (5) any injury or damage to person or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason a Participant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another Entry in the Sweepstakes provided that if it is not possible to submit another Entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all Eligible Entries or, as the case may be, received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

 

NOTHING IN THESE OFFICIAL RULES SHALL DISCLAIM, LIMIT, OR EXCLUDE LIABILITY FOR ANY LIABILITY THAT MAY NOT BE DISCLAIMED, LIMITED, OR EXCLUDED PURSUANT TO APPLICABLE LAW.

 

Applies to participants residing in Germany only:  Sponsor will be liable for any culpable breach of essential contractual obligations. Essential contractual obligations are contractual obligations that need to be fulfilled to permit proper execution of these Official Rules and that may regularly be relied upon by the participant. Sponsor’s liability will otherwise be limited to gross negligence and willful misconduct. In the event of any liability on the part of Sponsor due to a slightly negligent breach of essential contractual obligations or slightly negligent misconduct on the part of simple vicarious agents, the Sponsor’s subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents, Sponsor’s liability will be limited to typically foreseeable damages. The above limitations of liability will not affect any mandatory statutory liability, in particular Sponsor’s liability in connection with the loss of life, bodily injury or illness.

 

Applies to participants residing in the United Kingdom only: NOTWITHSTANDING THIS SECTION 11 (LIMITATION OF LIABILITY), NOTHING IN THESE OFFICIAL RULES SHALL BE CONSTRUED TO LIMIT OR EXCLUDE ANY LIABILITY OF THE SPONSOR FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY THE SPONSOR OR PARTICIPANTS’ NEGLIGENCE.  No term of these Official Rules shall be enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise, excluding Sponsor. 

 

Applies to participants residing in India only: THE RELEASE DOES NOT APPLY TO PERSONAL INJURIES, DEATH, DAMAGES, OR LOSSES CAUSED BY RELEASED PARTIES’ INTENTIONAL OR GROSS NEGLIGENCE, OR FRAUDULENT REPRESENTATION.

 

  1. Disputes:TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF THE APPLICABLE LAW, Participant agrees that: (A) any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the appropriate California State Court located in Santa Clara County, California. FOR PARTICIPANTS RESIDING IN THE EUROPEAN UNION THE ABOVE CHOICE OF LAW MAY NOT RESULT IN DEPRIVING THE PARTICIPANTS OF THE PROTECTION UNDER MANDATORY STATUTORY PROVISIONS THAT CANNOT BE WAIVED UNDER THE LAW WHICH WOULD HAVE BEEN APPLICABLE IN THE ABSENCE OF THIS CHOICE OF LAW.  FOR PARTICIPANTS NOT RESIDING IN THE EUROPEAN UNION, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees, and under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, 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. ANY DEMAND FOR OUT-OF-POCKET COMPENSATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR IN ACCORDANCE WITH THE LAW OF LIMITATIONS AS APPLICABLE LOCALLY, AND THEREAFTER OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Sweepstakes, 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 (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. Some jurisdictions do not allow for limitations of certain remedies or damages and so this provision may not apply to you.

 

FOR UK RESIDENTS ONLY: THE SWEEPSTAKES AND THESE OFFICIAL RULES ARE GOVERNED BY ENGLISH LAW AND ALL PARTICIPANTS AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND AND WALES. TO THE EXTENT PERMITTED BY LAW, ANY CLAIMS OR DISPUTES RELATING TO THIS SWEEPSTAKES, THE PRIZE OR THESE OFFICIAL RULES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED.

 

FOR ARGENTINA: THESE OFFICIAL RULES SHALL BE GOVERN BY ARGENTINEAN LAWS AND DISPUTES WILL BE RESOLVED IN ARGENTINEAN COURTS.

 

  1. Sweepstakes Results:The winners’ list will be available at 

 

  1. Publicity: To the extent permitted by the mandatory provisions of the applicable law, by participating in the Sweepstakes and/or accepting a Prize, each Participant agrees to allow the Sponsor and/or the Sponsor's designee the right to use for a period of two (2) years from the date of the Participant’s entry his/her name, address (city and state/province), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Sweepstakes and/or Sponsor for promotion, trade, commercial, advertising, and publicity purposes associated with this Sweepstakes and/or Sponsor, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review, or approval and without additional compensation, except where prohibited by law.

 

VOID WHERE PROHIBITED

 

©2019 Advanced Micro Devices, Inc. All rights reserved.  AMD, the AMD Arrow logo, Radeon, Ryzen, and combinations thereof, are trademarks of Advanced Micro Devices, Inc. Other names are for informational purposes only and may be trademarks of their respective owners.

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