Terms and Conditions

Welcome to the Terms and Conditions ("Terms") for the EVGA ACX 3.0 to iCX Upgrade Program. These Terms form an agreement between you and EVGA Corporation and/or its affiliates ("EVGA") and govern the respective rights and obligations of each party to the agreement with respect to the EVG ACX 3.0 to iCX Upgrade Program. By participating in the iCX Upgrade Program, you ("you" refers to you or anyone who participates in the EVGA ACX 3.0 to iCX Program; you may also refer to "participant" or "customer") also agree to be bound by the EVGA website ("EVGA.com") Terms of Use Policy, Privacy Policy, Store Terms, and all other policies, conditions, limitations and disclaimers appearing on EVGA.com and incorporated into these Terms.

Requirements

The EVGA ACX 3.0 to iCX Upgrade Program is only available to residents of the contiguous United States, Hawaii, Alaska, Puerto Rico, Canada and select European countries. A list of eligible European countries can be located at http://eu.evga.com/eligible-countries/.

The EVGA ACX 3.0 to iCX Upgrade Program is an optional upgrade program beginning February 10, 2017, and available only for a limited-time, until February 28, 2017. Dates are subject to change without notice. Once the EVGA ACX 3.0 to iCX Upgrade Program expires, customers may no longer submit for iCX Upgrades, nor will EVGA make exceptions for customers that fail to take advantage of the iCX Program while it is open.

This iCX Upgrade Program is available only to EVGA ACX 3.0 customers with qualifying EVGA ACX 3.0 graphics card part numbers. Please refer to the chart above to see a list of eligible graphics cards for the EVGA ACX 3.0 to iCX Upgrade Program.

EVGA ACX 3.0 customers must have a valid and active account at EVGA.com to participate in the iCX Upgrade Program.

EVGA ACX 3.0 customers must register any and all EVGA ACX 3.0 graphics cards that the customer wishes to use in the iCX Upgrade Program to the customer's EVGA account.

EVGA ACX 3.0 customers will not be able to request an iCX upgrade unless the qualifying ACX 3.0 graphics card is registered to the customer's account. In the case of multiple qualifying ACX 3.0 graphics cards, each card must be registered to the customer's account.

EVGA ACX 3.0 customers with a qualifying graphics card are eligible for 1 (one) upgrade from a qualifying ACX 3.0 graphics card to 1 (one) iCX upgrade of a like model. No exceptions, substitutions or exchanges are permitted. Each upgrade is priced at $99.99, subject to taxes, fees, and optional shipping purchases. Residents of the states of California and Florida are subject to state sales taxes on the iCX Upgrade Program. There are no limitations to the number of times an EVGA customer may participate in the iCX Upgrade program, subject to the iCX Upgrade Program Terms and Conditions.

Each upgrade includes one EVGA iCX shirt (while supplies last), and complimentary return ground shipping. EVGA will attempt to send you a shirt based on the shirt size listed on your EVGA profile page. If your shirt size is not available or no shirt size is listed, EVGA reserves the right to substitute a different shirt size (while supplies last). Complimentary return ground shipping will be provided. However, iCX Upgrade Participants will also have the option to purchase a faster return shipping method, subject to limitations based on geographical location, APO/FPO addresses, and other shipper limitations.

Participants must submit each upgrade request at www.evga.com/icxupgrade within the duration of the EVGA ACX 3.0 to iCX Upgrade Program. Once the iCX Upgrade Program expires, EVGA ACX 3.0 customers with a qualifying ACX 3.0 graphics card or graphics cards will be unable to submit additional iCX Upgrade requests. So long as a participant has submitted an iCX Upgrade request within the Program's limited duration, EVGA will honor the iCX Upgrade request, provided that the participant remains in the Upgrade queue and timely follows all directions given by EVGA.

Participants are responsible for ensuring that their profile information on EVGA.com is up-to-date, and should review the listed shipping address prior to submitting a request. For PayPal purchases, participants must ensure the PayPal account information is up-to-date, as PayPal payment processing uses the shipping address listed on the PayPal account and will override the address listed on the participant's EVGA profile.

After submission, EVGA ACX 3.0 to iCX Upgrade participants will be placed in a queue on a first-come, first-served order. No exceptions.

Upon reaching the top of the queue, EVGA will email you to let you know that your iCX Upgrade card is ready. At this time, participants will be required to purchase their iCX upgrade, and any faster shipping options, if desired and available.

Participants may pay for the $99.99 iCX Upgrade purchase with EVGA Bucks, PayPal and/or a credit card. Participants may purchase the full upgrade amount with EVGA Bucks; however, because EVGA Bucks consist of single dollar ($1 USD) denominations and are indivisible, EVGA Bucks may only be used for a full dollar amount. As a result, iCX Upgrade participants may elect to voluntarily round up the price (i.e. $100.00) to purchase the full price of the iCX Upgrade with EVGA Bucks. iCX Upgrade participants receive complimentary free ground shipping. If a faster shipping method is selected, participants will be required to pay the remainder with PayPal or a credit card. EVGA Bucks may not be used to purchase faster shipping methods, per the terms and conditions of the EVGA Bucks program. For a full explanation of EVGA Bucks, please see the EVGA Bucks page. Residents of the state of California and Florida are required to pay sales tax on an iCX Upgrade. Because EVGA Bucks may not be used to pay for taxes or shipping, residents of these states may still elect to pay for the $99.99 iCX Upgrade with EVGA Bucks, but will also be required to pay the sales tax with PayPal or a credit card, even if EVGA Bucks are used to purchase the iCX Upgrade in full.

Once the iCX Upgrade is purchased, EVGA will provide a RMA number within 1-2 business days.

After receiving the RMA number, participants must ship their qualifying ACX 3.0 graphics card(s) to EVGA. Participants must ship their qualifying ACX 3.0 graphics card(s) prior to receiving their iCX Upgrade graphics card. The EVGA Cross-ship RMA option and EVGA Advanced RMA (EAR) options are not available for the iCX Upgrade Program. No exceptions. Participants are responsible for any shipping costs and materials to ship their ACX 3.0 product to EVGA. Tracking numbers and shipping insurance are not required, but are recommended.

Once EVGA receives your ACX 3.0 graphics card, EVGA will review the product and confirm receipt if your graphics card is in original factory condition. The ACX 3.0 card must be in original factory condition as outlined in the EVGA Global Warranty, and may not have any physical or liquid damage or modifications.

Once approved, EVGA will auto-register the iCX Upgrade graphics card and ship out your brand new EVGA 10-Series iCX Card! Products received through the iCX Upgrade Program will be registered to the participant's EVGA account. No exceptions. Products received through the iCX Upgrade Program carry the EVGA 3-Year Global Warranty, subject to other Terms and Conditions of the iCX Upgrade Program. The warranty period will begin from the date the iCX Upgrade product ships from EVGA. Products received through the iCX Upgrade Program will be considered new-in-box promotional products, and participant will be considered the original owner of the iCX Upgrade product. Products received from the iCX Upgrade program are not eligible for promotions listed on EVGA.com, except where noted otherwise and not prohibited by law. iCX Upgrade products will carry over any Extended Warranty from the ACX 3.0 product sent in by participant. Otherwise, iCX Upgrade products are not eligible for the EVGA Extended Warranty program. iCX Upgrade products will carry over any EVGA Advanced RMA (EAR) from the ACX 3.0 product sent in by participant. iCX Upgrade products are automatically eligible for the EVGA Step-Up program. Because EVGA automatically registers your product prior to shipping, your 90-Day Step-Up window begins on the shipping date for your iCX Upgrade product. The EVGA Step-Up Program Terms and Conditions apply to your iCX Upgrade product and can be located at www.evga.com/stepup. To check your EVGA Step-Up status or expiration date, please go to www.evga.com/community/myProducts.asp, find your iCX Upgrade product, and click the "View Details" button.



Additional Terms and Conditions

EVGA reserves the right to modify, suspend, or cancel the EVGA ACX 3.0 to iCX Upgrade Program at any time, for any reason, and without notice.

ACX 3.0 products sent by participant must be received in original factory condition per the terms of the EVGA Global Warranty, with no physical damage prior to processing the upgrade, or the ACX 3.0 product may be declined by EVGA, the participant's iCX Upgrade may be cancelled and the ACX 3.0 product will be returned to participant. The original heatsink must be installed prior to shipping the product to EVGA. Physical or liquid damage to the ACX 3.0 product will cause the iCX Upgrade to be cancelled.

Boxes damaged during shipping will be rejected by EVGA.

After a Member requests an iCX Upgrade, EVGA must receive all ACX 3.0 to iCX Upgrade products within 30-days of Upgrade approval or the request will expire and a new request must be authorized.

Once EVGA has received your ACX 3.0 graphics card, the Upgrade purchase becomes nonrefundable and the ACX 3.0 graphics card cannot be returned.

Refunds are not available for iCX Upgrades at any time or for any reason. Refunds will not be given for iCX Upgrade costs or differences in currency conversion rates should you choose not to upgrade your ACX 3.0 card(s). The iCX Upgrade program does not have a monetary value and cannot be exchanged for cash or EVGA Bucks. The qualifying ACX 3.0 card must be in original factory condition as outlined in the EVGA Global Warranty, and may not have any physical or liquid damage or modifications, or EVGA may decline to receive your ACX 3.0 graphics card and cancel your Upgrade.

The EVGA ACX 3.0 to iCX Upgrade Program will not last indefinitely. The ACX 3.0 to iCX Upgrade Program and option to submit an iCX Upgrade request will expire once the ACX 3.0 to iCX Upgrade Program has ended. If an iCX Upgrade customer is in queue for an ACX 3.0 to iCX Upgrade when the iCX Upgrade Program expires, the upgrade will still be honored, provided the customer stays in the iCX Upgrade queue and timely follows all directions sent by EVGA during the process.

EVGA will not be responsible for any losses or damage suffered by participant due to failure to register for an account, failure to register qualifying ACX 3.0 graphics cards, or failure to complete any or all steps within the time limit of the iCX Upgrade Program or time limit provided at each step of the process. EVGA will not be responsible for any losses or damage suffered by the participant if the participant fails to timely request a Step-Up during the 90-Day Step-Up window that begins on the date of shipping for the iCX Upgrade product, or if there are no available products to Step-Up to from the iCX Upgrade product.

Disclaimer

The EVGA ACX 3.0 to iCX Upgrade Program is provided as an optional program for registered accounts at EVGA.com with registered qualifying EVGA GeForce GTX 1080 ACX 3.0, GTX 1070 ACX 3.0, and GTX 1060 ACX 3.0 graphics cards. Registration is available to all EVGA customers and registered accounts at EVGA.com. Customers that participate in the EVGA ACX 3.0 to iCX Upgrade Program agree to be bound by the Terms and Conditions in this document. Failure to follow the Terms and Conditions may result in cancellation of your ACX 3.0 to iCX Upgrade request. The iCX Upgrade Program will begin on February 10, 2017 and will expire February 28, 2017.

EVGA iCX Upgrade benefits including, but not limited to, the EVGA Step-Up Program, are available only to the registered iCX Upgrade participant. Participants in the iCX Upgrade Program may sell, gift, trade, or transfer any product received through the EVGA iCX Upgrade Program, but the Upgrade benefits will expire upon sale, gift, trade, or transferring the iCX Upgrade product. Secondhand purchases or recipients of an EVGA iCX Upgrade product will be subject to the secondhand owner policy of the EVGA Global Warranty.

EVGA is not responsible for loss or damage caused by an EVGA ACX 3.0 to iCX Upgrade Program participant's failure to follow the registration requirements, or failure to follow the requirements of the iCX Upgrade process.

EVGA reserves the right to terminate the ACX 3.0 to iCX Upgrade Program and its Terms and Conditions in part or in their entirety, without notice or compensation, at any time.

If any provision contained in these Terms is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions in these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified to have the most similar result that is valid and enforceable.

Offer void where prohibited.

Limitation of Liability

IN NO EVENT SHALL EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD-PARTY CLAIMING THROUGH OR UNDER YOU, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR SUCH DAMAGES, INCLUDING ANY LOST PROFITS ARISING FROM OR RELATING TO THE EVGA ACX 3.0 TO iCX UPGRADE PROGRAM AND THESE TERMS. IN ALL CIRCUMSTANCES, EVGA'S MAXIMUM LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE EVGA ACX 3.0 TO iCX UPGRADE FEE(S) THAT YOU PAID TO EVGA. EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE ACX 3.0 TO iCX UPGRADE PROGRAM WHICH EXCEEDS THIS LIABILITY LIMIT. EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR THIRD-PARTY CLAIMS FOR DAMAGES FOR DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR EXEMPLARY DAMAGES, WHETHER OR NOT EVGA HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.