2019 INTEL® RETAIL EDGE PROGRAM
TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) are applicable to the Intel® Retail Edge Program (“Program”), including but not limited to the Program Website (“Website”), Program online store (“Online Store”), and Program Activities including but not limited to: random drawings (each a “Drawing” and collectively “Drawings”), the Spring Deal, the Summer Deal, and the Holiday Deal (“Purchase Programs”), and other special offers or promotions. These Terms also apply to any resources and/or tools provided through the Program, including but not limited to download areas, research areas, Message Boards, chat rooms, blogs, sharing sites and product information.
Program Activities or resources may contain specific terms in addition to these Terms. In the event of a conflict between such specific terms and these Terms, the specific terms of such Program Activities or resources shall control.
By participating in the Program, each Retailer and each Member affirms that they have read and accept these Terms and meet all Program Eligibility criteria set forth herein.
The Intel® Retail Edge Program is designed for traditional, brick-and-mortar retail chains with ten or more stores. Additional eligibility requirements include:
- Active North America Consumer Sales Incentive (CSI) program agreement and/or sales volume agreements in affect between Intel and retailer’s corporate office.
- Retail chain locations must sell name brand OEM PCs/computing technology with showroom space dedicated to the demonstration and presentation of said systems.
Retailers that meet the above requirements (each an “Approved Retail Chain”) are eligible to participate in the Program. The Program is open to other types of retailers, however, the scope of participation may be limited if any of the criteria above is not met.
To qualify as a member of the Program (a “Member”) and be eligible for participation in the Program and its Rewards, individuals must meet the following eligibility requirements:
- Be a legal resident of the 50 United States, the District of Columbia, Puerto Rico, or Canada; the Program is void in all other U.S. territories and possessions, overseas military installations and where prohibited or restricted by law.
- Be 16 years of age or older in their legal jurisdiction of residence.
- Be employed at an Approved Retail Chain.
- Have an active Account (defined below) in good standing with the Program.
Note: Residents of the Province of Quebec are not eligible to participate in Drawings on the Website. However, they are eligible to purchase items in the Online Store, the Purchase Programs, and other select offers and promotions.
Final determination of eligibility and Program tier assignment of Approved Retail Chains is at the sole discretion of Intel Corporation (“Sponsor”). Employees, officers, and directors (including immediate family members and members of the same household) of Sponsor, its respective affiliated companies, subsidiaries, advertising and promotion agencies and any others associated with the Program, are not eligible to participate except at the sole discretion of the Sponsor. All determinations of Approved Retail Chain tier assignment are final.
Approved Retail Chains may be placed into one of the following four tiers which include both Learning and Rewards access.
Tier 1 Access:
- Learning Activities: Certification, Learnings, Partner Showcase
- Rewards: store level Rewards (where applicable), Rewards Store access, Partner Showcase incentives, Drawings, Purchase Programs
Tier 2 Access:
- Learning Activities: Certification, Learnings, Partner Showcase
- Rewards: Rewards Store access, Partner Showcase incentives, Drawings, Purchase Programs
Tier 3 Access:
- Learning Activities: Certification, Learnings, Partner Showcase
- Rewards: Partner Showcase incentives, Drawings, Purchase Programs
Tier 4 Access:
- Learning Activities: Certification, Learnings
- Rewards: Drawings, Purchase Programs
Ineligible Retail Chains default to a Learning-only tier in which no Rewards are available. Approved Retail Chains may be assigned to an alternate tier at the Sponsor’s sole discretion and will notify the Approved Retail Chains of such change in accordance with these Terms.
Approved Retail Chains
Members must be employed at the time of all aspects of participation in the Program (or parts thereof) at a physical retail location or online sales/call center (“store”) at an Approved Retail Chain. Members at a Retail Chain that has been deactivated in the Program (see below) are not eligible. The list of Approved Retail Chains is below.
AMAZON CALL CENTER
APPLE RETAIL STORE
B&H PHOTO VIDEO & PRO AUDIO
BCOM COMPUTER CENTRE
BEST BUY (CANADA)
BEST BUY (USA)
BEST BUY MOBILE (CANADA)
BEST BUY MOBILE (USA)
BEST BUY (USA) - Non-Retail
BJ'S WHOLESALE CLUB*
DELL – MDM
DELL EXPERIENCE CENTERS
HARD DRIVES NORTHWEST
MARKETSOURCE – HP
MARKETSTAR – HP
MICHAEL ALAN GROUP
MICROSOFT STORE (Canada)
MICROSOFT STORE (USA)
MIKE'S COMPUTER SHOP
MOSAIC – HP
MOSAIC – MICROSOFT
NEBRASKA FURNITURE MART
P.C. RICHARD & SON
PREMIUM RETAIL SERVICES
PREMIUM RETAIL SERVICES - CHROMEBOOK EXPERT
STAPLES CANADA, INC
SUPERIOR PC SYSTEMS
TECH ADVANCED COMPUTERS
An Approved Retail Chain or individual store location may be disqualified and removed from the Program due to chain or store closure or if they become incompatible with the Program as determined by the Sponsor, or the Approved Retail Chain may be reassigned to a different Program in Sponsor’s sole discretion.
Once a determination of disqualification or Program reassignment has been made, Members employed with that store or chain will be sent an e-mail, providing a 90-day notice of deactivation or reassignment of the chain or store and all Member Accounts (defined below) registered to the Program under that chain or store. Additionally, Members with current employment verification will have their verification renewed for an additional 90 days. During this 90-day period, Members may continue to participate in all aspects of the Program for which they are eligible.
If a Member has obtained employment at another eligible retail chain or store, they will need to update their Account with the correct information within the 90-day period to keep their Account active.
Members who have not obtained employment at another eligible retail chain or store, but who wish to continue to benefit from the Program’s educational opportunities and community after the 90-day period may do so in a “Learning-only” capacity. They will not be eligible to participate in any Rewards offered by the Program. Members will need to contact Program Support to request this option. Account changes will not be made until after expiration of the 90-day period.
In order to participate in the Program, each Member must register and establish a Program Account (“Account”). Members are limited to one (1) active Account per person. To register each Member must:
- Meet the eligibility criteria set forth in these Terms;
- Complete the Account registration process by providing true, accurate, current and complete information (collectively, the “Registration Data”); and
- Keep Registration Data up to date.
Note: Member name changes will only be allowed at Sponsor’s sole discretion, on a case by case basis.
Password and Username
Members will need to enter a password during the registration processes. Members are solely responsible for maintaining the confidentiality of the password and username. Members are responsible for any and all activities incurred to their Account. Members must notify Sponsor immediately of any suspected unauthorized use or other breach of security to their Account.
Sponsor will not be liable for any loss incurred as a result of an unauthorized use. However, Member could be held liable for losses incurred by Sponsor or another party due to an unauthorized use of Member’s Account.
User Requested Termination
If a Member wishes to close their account or remove content they have submitted, they will need to request this by contacting Program Support. Once an Account is deactivated, Members will not be able to participate in any aspect of the Program. A deactivated account may be reinstated upon request on a case-by-case basis at Sponsor’s sole discretion.
Account Prohibitions and Termination
Sponsor may terminate a Member’s Account at its absolute discretion and for any reason. Activities that may result in a Member’s termination from the Program include but are not limited to:
- Violation of these Terms.
- Abuse of Website resources or attempt to gain unauthorized entry to the Website resources, including but not limited to a single Member activating, maintaining or attempting to establish more than one Account or a Member transferring or attempting to transfer an Account to another Member.
- Use of this or any Sponsor Websites or service in a manner inconsistent with its purpose.
- A Member’s request for such termination.
- Account inactivity (see Inactive Members for details).
- Posting of inappropriate or obscene materials.
- Falsification of information or data.
- Unauthorized use of another Member’s account or password.
- Violation of copyright, publicity rights or other laws.
- Reselling a Purchase Program bundle.
- Or as required by law, regulation, court or governing agency order. See also: the Code of Behavior/User Conduct below.
Sponsor’s termination of Member’s Account access may be effected without notice and, on such termination Sponsor may immediately deactivate or delete Member’s Account and/or bar any further access. Sponsor shall not be liable to any Member or other third-party for any Account or access termination. These Terms will remain in full force and effect notwithstanding any Account termination.
Code of Behavior / User Conduct
Member conduct should be guided by common sense, professional behavior, and basic etiquette, as well as these Terms and any other Program Activity-specific terms. Members must also obey state, local, federal, and international laws where applicable.
Impersonating other users or Members or sending false verification information is considered fraudulent activity and will result in the termination of Member’s Account, and may result in a Member being permanently banned from the Program. Sponsor reserves the right to prosecute any individual engaging in fraudulent or illegal activity.
Members are personally responsible for their communication and activity in the Program, including any content contributed, whether via chat, e-mail, or the Message Boards (as defined below). Sponsor will monitor comments posted to the Website and reserves the right to remove any comments at its sole discretion.
Violations of the Code of Behavior include but are not limited to:
- Posting, transmitting, promoting, linking to, or distributing content that is illegal, immoral, and disruptive or harassing of another in the opinion of the Sponsor.
- Harass, threaten, embarrass, or do anything else to another Member that is unwanted.
- Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
- Disrupt the flow of Message Boards, Program Events, or Program Activities with inappropriate behavior, vulgar language, abuse, use of poor netiquette in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
- Impersonate another person or Member, indicating or attempt to mislead users by falsely presenting oneself as employed by or represent Sponsor or any Sponsor partners or affiliates.
- Attempt to get a password, other account information, or other private information from a Member or any other user in the Program.
- Use or distribute any virus, malware, worm or "auto" software programs, "macro" software programs, or other "cheat utility" software or applications.
- Upload any third-party content without permission from the applicable copyright holders.
- Promote or encourage any illegal activity including hacking, cracking, pirating, or distribution of counterfeit software.
- Using the Program or Website for any purpose other than personal communication related to the Program, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of the Program.
- Make false reports to Sponsor.
Technical discussions around Sponsor and other processor manufacturers will be admitted. However, unprofessional or dishonest behavior will be addressed as such. Within other Program Activities, Sponsor will decide on a case-by-case basis how to address conflict.
Privacy and Personal Information
Any Member information collected by the Program shall be used only in a manner consistent with the consent given by participants at the time of the entry, with these Terms, and with the Sponsor Online Privacy Notice at:
Eligible Program members are required to provide address and phone information, and verify their employment in order to participate in all Program Rewards (see Rewards below for additional information).
Any photos, voice or video recordings, or likeness captured at Program-related Events or in connection with a Program Activity may be used for Sponsor’s purposes only. Sponsor will not share Member information with other individuals or companies without the Member’s permission except that Sponsor may share Member’s personal information internally or with its authorized agencies as necessary (in the opinion of the Sponsor), for the administration of the Program or to provide Program-related communications.
Intel is committed to respecting your privacy. By choosing to participate in this program, you may provide Intel the personal information included in the registration form. Your personal information will be used for internal purposes and you may receive further communications if you select the option. We will keep your information for up to two years to communicate with or provide services to you or as otherwise required by law. To learn more about Intel’s privacy practices, please visit http://www.intel.com/privacy.
Intel is committed to respecting your privacy. By completing the registration process, you are providing Intel your business contact information, job position, and personal information. This information will be used for the purpose of facilitating the registration process, creating a welcoming experience, and for data analysis purposes. If necessary, Personal Information to generate VISA invitation letters will be collected as well. Intel will use the Personal Information in accordance with applicable data protection laws and regulations, and Intel’s privacy notice, www.intel.com/privacy.
Member Status Levels
Member Status levels are offered as a way to show progress in the Program. Each status level has monthly activity requirements, beginning on the first day of each month at 12:00AM Eastern Time. Sponsor may change Status level criteria at any time at the Sponsor’s discretion. See Website for full details including Status level benefits and Status level qualifications, including both how to earn and maintain Status.
To participate in Program Rewards, Members must verify their employment with an eligible Approved Retail Chain using one of the methods offered in the Verification area of the Website.
Verifications are valid for up to ninety (90) days. The most recent verification supersedes any prior verification. Final determination of employment and Program eligibility is at Sponsor’s sole discretion.
Employment verification requires that Members provide acceptable proof of employment documents, dated within thirty (30) days of submission.
Accepted proof of employment verification documents include but are not limited to: (a) an original company paystub, (b) direct deposit notice, or (c) other similar form of payroll paperwork issued from Member’s Accepted Retail Chain. Documents must include all of the following:
- The Member’s name must be on the required payment documentation, and it must match the name they provided at the time of Program registration. A shortened name (such as Joe for Joseph) or nickname is an acceptable variation.
- The name of the Accepted Retail Chain where the Member is employed must be the issuer of the payment.
- Date of issuance of the payment must be within the past thirty (30) days from submission.
All other information, including payment amount, bank account numbers and social security number should be blacked out.
Member is solely responsible for marking out this information and Sponsor will not be responsible in any manner for personal information that is not marked out.
Any change to Member’s employment status (including retailer change or store transfer) requires new employment verification.
If a Member has not successfully completed a Learning Activity in the previous 180 days, they are considered inactive and their Chip balance will be reset to zero. The Member’s Account will remain inactive until the Member completes a Learning Activity.
After two years (730 days), inactive accounts may be purged.
Reactivation and the restoring of Chips is done solely at the Sponsor’s discretion on a case-by-case basis.
“Chips” are Program points awarded for participation in various Program Activities as specified in the Program Activity’s specific terms and conditions. Chips have no monetary value, are non-transferable and may not be sold, purchased, or bartered. Chips may only be used for Program benefits by the Member who earned them. Chips are void if transferred for cash or other consideration, except for valid Program redemptions/transactions. Redemption of Chips is based on availability at the time of redemption.
Chip-earning activities and Chips that may be earned from such activities are subject to change at Sponsor’s discretion without notice. In the event of any error (including but not limited to hardware, software, and/or human caused errors) in the award of Chips, Sponsor shall have the right to correct such error and make the necessary adjustments to the number of Chips reflected in the relevant Account.
Sponsor reserves the right to establish Chip redemption rules and to set the number of Chips required to obtain benefits, including Online Store transactions, Drawing entries, etc. Such criteria are subject to change at Sponsor’s sole discretion without notice. The number of Chips required to redeem an award shall be the number set by Sponsor when Chips are redeemed for the award, not when Chips are accrued. Notifications or changes concerning the procedures for accruing Chips, redeeming Chips and Program membership rules will be published by Sponsor and will be available at the Website. It is the responsibility of each Member to review the conditions of membership prior to redeeming Chips for Rewards.
Join the Program (once)
At registration, provide the e-mail address of the person who recruited you to the Program and give them Chips (once)
Anniversary of joining the Program
Chips for current trainings are awarded once, based on the score of your first attempt.
Interactive trainings 100% on first try
Interactive trainings 80% or higher
Articles 100% on first try
Articles 80% or higher
Videos 100% on first try
Videos 80% or higher
Daily Tech Challenges
Interactive trainings at 80% or 100%
Articles at 80% or 100%
Videos at 80% or 100%
COMMUNITY AND EVENT ACTIVITIES
Complete the Quick Poll
Intel® Retail Edge Live attendance and survey
Intel® Retail Edge Live preregistration
Intel® Retail Edge Live Web event or on-demand training
Participate in Message Boards (limit 100 Chips/week)
Upload metrics to Retail Experience Tool (RXT) (once per week)
Watch resources video
Download and log on via the mobile app (once)
Members may refer other eligible colleagues to join the Program as detailed on the Edge Network section of the Website. Eligible individuals who are referred to the Program must join and be verified at least once for Chips to be awarded to the referring Member. Eligible individuals will be able to join the network of the referring Member, and can change or leave a network at any point. Members may only be a part of one network at a time.
Program Termination / Program Changes
Sponsor may terminate the Program with 180-days’ notice on the Program Website. Sponsor may, at its sole discretion, amend or change these Terms including the Program conditions of membership, and may terminate any Member’s ability to redeem Chips already accrued, at any time. Any and all changes to the conditions of membership, including rules regarding the number of Chips needed for merchandise in the Online Store and Drawings, apply to Chips accumulated at the time of the change.
In order to participate in Program Rewards, eligible Members must include the following information in their account:
- Street Address (no P.O. Boxes)
- Zip or Postal Code
- Phone Number
Additionally, Members will need to verify their employment (see Employment Verification).
Merchandise ordered through the Online Store, Purchase Programs, Drawings, or Auctions may only be shipped to US or Canadian addresses (no post office boxes accepted) for the applicable promotion. Members stationed overseas must provide a US or Canadian mailing address (no post office boxes accepted) within the Program eligibility area for the applicable promotion.
In the event a Member wins a prize with a prize value requiring official paperwork, they may be required to provide employment documentation to a selected third-party vendor to claim said prize.
Purchase Programs and Drawings
At various times throughout the year, the Program offers Purchase Programs and Drawings to Members. Complete details for these offers can be found on their respective pages, linked from the Rewards section of the Website during the time of the promotion. This includes eligibility restrictions, start and end dates, items offered, Manufacturer’s Suggested Retail Price (MSRP) and complete conditions and restrictions.
Auction and Bid Overview
Auction items will open with a starting bid to be set by the Intel® Retail Edge Program. A member must submit a bid equal to or greater than the applicable number of Chips specified to participate. For example, if an item is eligible to open with a starting bid of 1,000 Chips, the first bid must be 1,000 Chips or higher to submit. Subsequent bids must be higher than the current active bid. Bids must be submitted in pre-set increments determined by the Program. When a member submits a bid, the applicable amount of Chips will be temporarily removed from their account, and their bid becomes the new active bid.
Each Auction will close at a randomly selected time on a day that is specified in advance by the Program. In the event a member is the high bidder at the conclusion of bidding, the applicable amount of Chips will be permanently removed from their account and he/she will be notified. In the event a member is not the highest bidder for an item, any/all Chips submitted by such member for the applicable item will be returned to their account.
Members can only have one active bid during an Auction. If a member is outbid they may continue to place a new bid on the same item or choose to bid on a new item. Members will be notified by email and site notification that they are a winner or if they have opted in to receive updates that they have been outbid on an item.
Members must be verified to bid in an Auction. If a member has the highest bid and then their verification expires, they can still win since they were verified at the time of their bid.
Auction Items General Conditions
No transfer, substitution or cash redemption of any item received is permitted, except by Intel® Retail Edge Program, which reserves the right to substitute an item with one of comparable or greater value. All item details are at the Sponsor’s sole discretion. There is a limit of one (1) Auction win per member throughout the Auction Period. Noncompliance with these Official Rules by any potential award recipient will result in disqualification and, at Intel® Retail Edge Program’s sole discretion, the item may be placed back up for bid. All winning bids are final. Cancellations will not be honored. All prizes will be delivered to the winner’s address based on the Auction profile created at the time of the first bid.
Offers, Merchandise and Premiums
Offers, merchandise, and premium items are available on a first-come, first-served basis, and only while supplies last. Merchandise in the Online Store and Auctions is subject to availability. The following guidelines apply:
- All items are shipped via ground.
- A street address is required for shipping. PO Boxes are ineligible to receive merchandise.
- Items will be shipped within 6 weeks.
- Shipping and taxes for items in the Online Store, Auctions, and Drawings throughout the US and Canada are paid for by Sponsor as a part of the Program benefits.
- Shipping, taxes, and any duties or fees for the Program will be paid for by the Member making the purchase.
- Members will have access to tracking information and order history through the Online Store and Auctions.
All orders are final. Cancellations will not be honored.
The Program includes a No Refund policy. Exchanges are only given if the wrong item was shipped, or the product was defective, and a replacement is available. Sponsor is not responsible for defective items. Customary manufacturer warranties may be provided and should be exercised with the manufacturer in the case of defective items.
How to exchange a product if incorrect or defective
To exchange defective or incorrect merchandise, Members must send an e-mail request to the appropriate email contact below within 24 hours of receipt of goods, at which time the Member will be given the process to make an exchange. Note that open stock or used goods merchandise are not eligible for return or exchange.
The e-mail contact will be available on the related Website pages, throughout the checkout process, and in the transaction confirmation e-mail.
Sponsor reserves the right to change the return policy, process, or rules at any time. Written notice of any changes will be available online at www.intel.com/retailedge.
-- Online Store Merchandise email@example.com
-- Member Drawing Prizes firstname.lastname@example.org
-- The Spring, Summer, or Holiday Deal email@example.com
-- Auctions firstname.lastname@example.org
Member Content / Message Boards
The Website may host or facilitate Activities or services for the purpose of allowing Members to share content, ideas and materials publicly (the “Member Content”). Use of these services and activities is limited to eligible Members and is governed by these Terms and any other Program Activity specific terms provided.
Sponsor does not claim ownership of any Member Content submitted, posted, transmitted, made available or displayed on, or through, the Website, including, but not limited to, data, text, sounds, images, videos, diagrams, audio, information, graphs, or descriptions on the Website. Unless otherwise agreed to in writing, there is no compensation for Member Content. Sponsor is under no obligation to post or use any Member Content submitted and Sponsor may remove any Member Content at any time in its sole discretion.
License to Use Member Content
By posting, uploading, inputting, providing or otherwise submitting Member Content, Member grants Sponsor, its affiliated companies, sublicensees and Website users, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable license, to reproduce, modify, create derivative works, publicly display, publicly perform, disclose, distribute, license and sublicense, incorporate and otherwise use the Member Content and all data, images, sounds, text, and other things embodies therein (in whole or in part) and to incorporate such Member Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
Responsibility for Member Content
All Member Content, whether publicly posted or privately transmitted, is the sole responsibility of the Member from whom such content originated. This means that Member, and not Sponsor, is entirely responsible for any and all content that Member uploads, posts, shares, or otherwise displays via the Program or Website. Member is prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, or other material that would violate any law.
Representations and Warranties Regarding Member Content
By posting or submitting Member Content, Member represents and warrants that Member owns or otherwise controls any and all of the rights to Member Content including, but not limited to, all the rights necessary for Member to provide, post, upload, input or submit the Member Content. To the extent that the Member Content submitted contains copyrighted content Member represents and warrants that:
(a) Member is the copyright owner of such content, or that the copyright owner has granted Member permission to use such content consistent with the manner and purpose of Member use;
(b) Member has the rights necessary to grant the licenses and sublicenses described in these Terms; and
(c) that each person depicted in such content, if any, has provided consent to the use of the content. Sponsor reserves the right to request a proof of ownership or permission, and to refuse to post Member Content without such proof or if such proof is not, at its sole discretion, sufficient.
Member acknowledges that Sponsor may or may not moderate or pre-screen Member Content submitted. Sponsor and its designees retain the right, at Sponsor’s sole discretion to pre-screen, refuse, monitor, restrict access to, edit, or remove any Member Content from the Website. Without limiting the foregoing, Sponsor reserves the right (but not the obligation) to refuse or delete any Member Content of which it becomes aware and at its sole discretion deems infringing or otherwise illegal, inappropriate, non-compliant with these Terms, or not to fulfill the spirit or purpose of the Website. Sponsor, in its sole and absolute discretion, may preserve Member Content and may also disclose Member Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Sponsor to protect the rights, property, or personal safety of the Website, its users and the public.
Sponsor does not control the Member Content posted to the Website and, as such, does not guarantee the accuracy, integrity or quality of such Member Content. Under no circumstances will Sponsor be liable in any way for any Member Content, including, but not limited to, liability for any errors or omissions in any Member Content or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, e-mailed or otherwise transmitted via the Website.
By submitting content, Member agrees their disclosure is gratuitous, unsolicited and without restriction and will not place Sponsor under any fiduciary or other obligation, that Sponsor is free to disclose the ideas in the Member Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation. Member acknowledges that, by acceptance of Member submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than Member.
Indemnification and Hold Harmless
Each Member hereby indemnifies and agrees to hold harmless Sponsor and its affiliates and their respective agencies, fulfillment companies, vendors, contractors, participating resellers and advertising and promotional agencies and agents, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Indemnitees”) harmless from and against any and all loss, expense, liability, damage, claim (including reasonable attorneys’ fees) (collectively, “Claims”) including but not limited to those Claims for personal injury including death or injury to property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of merchandise or prizes, participation in any Program Activity, or participation or inability to participate in this Program or any part thereof.
Indemnitees are also not responsible for lost, late, stolen, illegible, misdirected, damaged, incomplete or delayed Online Store orders or products, as applicable, due to:
(a) phone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction, or other technical failures or errors, or failure to properly process entries;
(b) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to access the Website, or any other Program-related Website, submit entries in Drawings or other disruption related to Internet traffic, virus, bug, or non-authorized intervention;
(c) damage caused by computer virus or otherwise resulting to any computer from Member’s access of the Website, whether human, mechanical or electronic; or
(d) incorrect or inaccurate information whether caused by user of the Website, or any other Program-related Website or by any of the programming or equipment associated with or used in the Program or any combination thereof. Indemnitees are not responsible for printing or other errors. Proof of submitting information at Program Website is not considered proof of delivery or receipt.
Indemnitees shall also not be liable to any Member or any other person for failure to supply the merchandise, prize, premium item, or any part thereof, by reason of any “acts of God”; any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action[s], regulation[s], order[s], or request[s] prove[s] to be invalid); equipment failure; terrorist acts; earthquake; war; fire; flood; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor’s reasonable control.
Each Member further agrees to indemnify and hold harmless Indemnitees from and against any and all Claims made by any third-party due to or arising out of any and all content Member submits, posts, transmits or otherwise makes available through the Website, Member’s use of the Website and other conduct throughout the Program, Member’s connection to the Website and Program, Member’s violation of these Terms, or Member’s violation of any rights of another.
MEMBER PARTICIPATION IN THE PROGRAM, PROGRAM ACTIVITIES AND USE OF THE WEBSITE IS AT MEMBER’S SOLE RISK. ALL ASPECTS OF THE PROGRAM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ANY AND ALL WARRANTIES FOR PROGRAM MERCHANDISE, PRIZES, OR PARTS THEREOF ARE PROVIDED ONLY BY THE MANUFACTURER’S WARRANTY FOR SUCH PRODUCTS, IF ANY. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS, SPONSOR MAKES NO REPRESENTATION OR WARRANTY THAT (1) THE PROGRAM OR ANY SERVICES THEREON WILL MEET MEMBER’S REQUIREMENTS, (2) MEMBER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, ACTIVITIES, EVENTS, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY MEMBER WILL MEET HIS OR HER EXPECTATIONS, (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND (5) ANY CONTENT UPLOAD TO THE WEBSITE IS PROTECTED OR SECURE, AND SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING, RELATING TO OR OTHERWISE ARISING FROM THE PROGRAM INCLUDING BUT NOT LIMITED TO: (i) TERMINATION FROM THE PROGRAM, (ii) DELETION, UNAUTHORIZED ACCESS TO OR ALTERATION OF A MEMBER’S ACCOUNT, (iii) MEMBER CONTENT, (iv) USE OF THE WEBSITE, (v) CONTENT ON THE WEBSTIE INCLUDING STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE WEBSITE, (vi) DISQUALIFICATION FROM A PROGRAM ACTIVITY OR EVENT, (vii) CANCELLATION OF A MEMBER’S PURCHASE FROM THE ONLINE STORE, (viii) PROGRAM MERCHANDISE, PRIZES, PROMOTIONAL ITEMS, REWARDS INCLUDING ITEMS FROM THE ONLINE STORE, (viiii) DRAWINGS AND PURCHASE PROGRAMS (COLLECTIVELY, “PROGRAM ELEMENTS”), WHETHER SUCH WARRANTIES ARE WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING OR USAGE IN TRADE.
Limitation of Liability
IN NO EVENT SHALL SPONSOR, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO ANY MEMBER, OR ANYONE CLAIMING THROUGH A MEMBER, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, AND COST OF PROCUREMENT OF SUBSTITUTES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING IN ANY WAY TO THE PROGRAM INCLUDING BUT NOT LIMITED TO ALL PROGRAM ELEMENTS LISTED ABOVE. IF SPONSOR IMPROPERLY DENIES A MEMBER CHIPS, THE MEMBER’S EXCLUSIVE REMEDY SHALL BE THE ISSUANCE OF THE IMPROPERLY DENIED CHIPS, IF AVAILABLE, OR SUCH ALTERNATIVE, COMPARABLE BENEFIT AS DETERMINED BY SPONSOR AT ITS SOLE DISCRETION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO MEMBER.
General Practices Regarding Use and Storage
Sponsor may establish general practices and limits concerning use of the Website. While Sponsor will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Sponsor has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by others on the Website or any other Sponsor site. Sponsor reserves the right to purge Accounts and/or Member Content that is inactive for an extended period of time. Sponsor reserves the right to change these general practices at any time, at its sole discretion.
Sponsor logos and service marks, and product and service names are Sponsor trademarks or registered trademarks in the United States and in other countries (the “Sponsor Corporation Marks”). These Terms do not grant Member any license in Sponsor trademarks or any Sponsor owned assets or intellectual property. All other names and designs may be trademarks of their respective owners.
Sponsor respects the intellectual property rights of others, and requires that the people who use the Website do the same. It is Sponsor’s policy to respond promptly to claims of intellectual property misuse. If Member believes that their work has been copied and is accessible on the Website in a way that constitutes copyright infringement, Member may notify Sponsor at DMCA Process found here: http://www.intel.com/content/www/us/en/legal/dmca-notice-and-procedure.html
If Sponsor determines, based on its sole discretion that Member is a repeat offender under the DMCA, the Member Account may be deactivated, all Member Content removed, and Sponsor reserves the right to take any other actions it deems necessary, including canceling the Member’s membership in the Program and notifying the appropriate government authorities. Sponsor is not responsible for third-party content shared on the Program Website.
Entire Agreement, Severability, Survival
These Terms and information on the Website that is hyperlinked to these Terms constitute the entire agreement between Member and Sponsor regarding the Program and govern Member use of the Website. Each Member may be subject to additional terms and conditions that may apply when that Member participates in Program Activities or uses affiliate services, third-party content or software. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The provisions of these Terms that would be reasonably expected to survive termination of any Account shall do so, including without limitation, the following sections: Member Accounts, Privacy and Personal Information, Member Content / Message Boards, Indemnification and Hold Harmless, Warranty Disclaimer, Limitation of Liability, and General Terms, which shall remain in full force and effect notwithstanding any termination of an Account or a Member’s other use of or participation in the Program.
Choice of Law and Venue
The Terms and the relationship between Member and Sponsor shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State.
In the case of any violation of these Terms, Sponsor reserves the right to seek all remedies available under these Terms and at law and in equity for such violations. Please report any violations of the Terms (except for claims of copyright infringement, see paragraph 3 above for instructions) to the Program by contacting Program Support.
Sponsor may revise these Terms at any time by updating this posting. Members should visit this page from time to time to review the then-current Terms because they are binding on Members. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on Website, particular activities, or materials.
Copyright © Intel Corporation. Intel, the Intel logo, and other Intel marks are trademarks of Intel Corporation or its subsidiaries in the U.S. and/or other countries. Intel Corporation, 2200 Mission College Blvd, M/S RNB4-145, Santa Clara, CA 95054 USA.
Other names and brands may be claimed as the property of others.