Be one of the first to get hands on with the EVGA X17 Gaming Mouse.

Official Terms and Conditions of the EVGA X17 Gaming Mouse Beta Program

The EVGA X17 Gaming Mouse Beta Program Promotion ("X17 Beta Program") grants a limited number of EVGA ELITE Members the exclusive opportunity to test and provide feedback on the upcoming EVGA X17 Gaming Mouse. Participants are limited to a maximum of 45 (forty-five) EVGA ELITE Members in good standing. EVGA is looking for a diverse field of individuals to participate in the X17 Beta Program to provide feedback on multiple subjects, such as experience, comfort, and primary purpose for using a mouse.

To participate, EVGA ELITE Members (“applicants”) must first fill out a brief survey on the X17 Beta Program event page to determine an applicant’s qualifications. EVGA will periodically review completed surveys and select up to 45 (forty-five) qualified applicants to become participants for the X17 Beta Program.

Once selected, participants will be shipped a “beta” EVGA X17 Gaming Mouse. Once received, Participants will have 14 (fourteen) days to test the mouse before filling out another survey about their experience using the mouse and suggestions to improve the mouse. Once complete, participants may keep the “beta” EVGA X17 Gaming Mouse.

Duration of Promotion:

The X17 Beta Program will begin accepting applications beginning on July 16, 2020 at 10am PDT and will remain open until 45 (forty-five) applicants are selected (“participants”). If a participant is ultimately deemed ineligible or chooses not to participate, EVGA may select a replacement from the eligible pool of applicants.

Eligibility:

The EVGA X17 Beta Program is a global promotion, open only to EVGA ELITE Members. All applicants must comply with the following:

• You must have a registered EVGA.com account in good standing (registration is free through EVGA's website), subject to and in compliance with the requirements of these Terms and Conditions. You may sign up here:
  • https://secure.evga.com/US/signup.asp
• You must be a current EVGA ELITE member. For ELITE Membership information, including registration requirements, please visit our EVGA ELITE page here:
  • https://www.evga.com/member/elite/
• You must review and confirm that the address listed on your profile is correct.

Additional Requirements:

• Participant must understand that the product sent for review is a beta version of an upcoming EVGA product, and not a final retail product. Although unlikely, participant should understand that driver issues, performance issues, and other problems that can occur with an early product sample may occur. Participant should be willing to work with EVGA to address these issues or any other issues that may arise during the testing period, and be willing to try advanced troubleshooting steps to resolve any issue(s). Similarly, participant should be willing to test any software or firmware updates provided by EVGA during this testing period.
• Employees and directors of EVGA, and its subsidiaries, affiliates, parent companies, distributors, retail dealers, advertising and promotional agencies, and the immediate family members or those living in the same household with such individuals, are not eligible to participate in this X17 Beta Program. All international, federal, state, provincial, and local laws and regulations apply. VOID where prohibited.

How to Enter:

X17 Beta Program entries are limited to one (1) per person, per household. EVGA is not responsible for Internet submissions not received due to technical/transmission problems beyond its reasonable control. To enter:

1. Log in to your EVGA.com account. If you do not currently have an EVGA account, you will need to first create a free account at https://secure.evga.com/US/login.asp.
2. Make sure that you have qualified for and signed up for an EVGA ELITE Membership at https://www.evga.com/member/elite/
3. Visit the X17 Beta Program landing page at https://www.evga.com/articles/01428/evga-x17-promo/
4. Fill out the application survey and confirm your address.
5. After the previous steps are completed, review, agree, check the necessary boxes, and then submit your entry.
6. If you are selected as a participant, you will receive an email from EVGA with further details of the X17 Beta Program and other additional information as needed.

Role and Expectations of Participant:

• Role:
  • The X17 Beta Program is designed to allow a variety of EVGA enthusiasts to test an upcoming product and provide honest and direct feedback to EVGA about their likes and dislikes of this product.
  • Selected participants will receive one X17 Gaming Mouse sample for evaluation purposes.
  • Although bug reporting and debugging assistance is appreciated, participants are encouraged to spend their 2 (two) weeks using the mouse to evaluate the product from a comfort, aesthetic, and functionality point of view.
  • Participants may put the product through their own testing process to determine the viability and usability of the product, and whether the product interests them.
    • As a suggestion, participants should try to do each of the following:
      • Test the product with various video games regularly enjoyed by the participant.
      • Test the product outside of games for other uses, such as web browsing and/or work-related applications (if applicable).
      • Evaluate any provided software (if applicable) to determine ease of use, functionality, and/or features provided by the software.
    • While testing the product, consider the physical properties of the mouse, including the aesthetics of the mouse, weight of the mouse, comfort for short and long-term use, etc.
    • Consider how to improve the product if it falls short of expectations, is not sufficiently comfortable, or performance metrics are not met; this will help to provide more useful feedback on the final survey.
• Expectations:
  • Participants will be expected to test the product provided by EVGA over the course of 2 (two) weeks.
  • Although participants are not expected to help solve bugs or troubleshoot complex issues, reporting issues is appreciated and will only help to improve the product.
  • After 2 (two) weeks of testing the product, participants are required to fill out a survey regarding their experiences with the product, and will allow the participant to provide any additional feedback they feel could improve the product. This survey will be made available to participant prior to or at the expiration of the participant’s testing period.

Participant Selection, Notification, and Acceptance:

The 45 (forty-five) participants of the X17 Beta Program will be selected from the pool of EVGA ELITE Member applicants. Each applicant will be subject to a careful review via the submitted application survey. Because EVGA is looking for various types of evaluations, applicants are not guaranteed to be selected via the order of applications (i.e. first come-first served), but it is encouraged to submit an application as early as possible.

Participants will be notified via their provided email on participant’s account at EVGA.com once their application is accepted. EVGA shall have no liability for a participant's failure to receive notices due to spam filters, junk e-mail or other security settings, or for a participant's provision of incorrect or otherwise non-functioning contact information. If the selected participant cannot be contacted, is ineligible, fails to respond within 7 days from the time the notification was sent, the evaluation opportunity may be forfeited and an alternate winner selected.

Participant is responsible for all federal, state and local taxes associated with acceptance and use of the product. EVGA is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to claim the product. EVGA will attempt to limit the value of the product to reduce potential customs fees and taxes, but Participant should be prepared to pay for any duties or taxes assessed on the product. Due to the limited number of products available for the X17 Beta Program, EVGA is unable to replace a damaged or missing product or package.

Additional Terms and Exclusions for Participant Selection and Acceptance:

By submitting an application to become a participant of the EVGA X17 Beta Program, applicant acknowledges, understands, and agrees that EVGA has the right to approve, disqualify, or exclude any application for any reason, at its sole discretion. With that said, EVGA agrees that it will review submissions in good faith, including instances where applicant may not have submitted all necessary information, provided incomplete information, or failed to follow all rules of the X17 Beta Program.

As noted above, only 45 (forty-five) products will be available to participants of the X17 Beta Program. In the event that a product becomes damaged or no longer works, the participant will not be provided another product sample. In the event that participant no longer has a working product, unfortunately, any feedback provided must be provided based on the participant’s experience up to that point.

Disclaimer and Compensation Terms

The EVGA X17 Beta Program will provide each final participant with 1 (one) non-retail EVGA X17 Gaming Mouse. The product should be considered in an “engineering sample” (or similar) state. Although each product provided through the X17 Beta Program has been tested, it is possible that participant may receive a product that is not fully functional, has issues with the participant’s system, or other issues that may be due to a design issue or software issue.

Due to the limited number of products available for the X17 Beta Program, EVGA will be unable to replace the product provided to Participant in the event the product cannot function or fails during testing. EVGA still appreciates any feedback that the participant can provide, including feedback regarding the physical appearance, comfort, weight, etc. of the product.

Participants who test the product and complete/submit the final feedback survey may keep the beta X17 Gaming Mouse. The mouse will not carry a warranty, but participants are encouraged to contact EVGA Customer Service with any questions or issues related to the mouse.

Applicant/Participant and Intellectual Property Rights:

All applications and feedback surveys submitted by applicants and/or participants are the sole and exclusive property of EVGA. All content provided in said applications and feedback surveys will be kept internal, unless applicant/participant later agrees in writing to allow EVGA to use such content for marketing purposes. Otherwise all data provided to EVGA through the application and feedback surveys is governed by EVGA’s Privacy Policy.

All applicants and participants understand and agree to waive any trademark, copyright, or intellectual property rights that they may be entitled to when providing information and feedback through the application and feedback surveys.

The products provided to participants through the X17 Beta Program are considered unreleased and unfinished products. Despite this status, participants are free to discuss their experiences and time testing with the beta X17 Gaming Mouse on message boards and social media, if they choose. However, EVGA kindly requests that participants consider that the final product may resolve issues or defects experienced by the participant.

Unsolicited Idea Submissions

EVGA does not accept, review or consider unsolicited ideas, product designs, proposals, strategies, marketing content, projects, or similar (all of the foregoing “submissions”).

The EVGA X17 Beta Program is designed to elicit feedback, discussion, opinions, and ideas to improve upon an upcoming product prior to its final form and production. In the course of applying and participating, EVGA ELITE Members may offer unsolicited feedback about other products, future products, or products that they would like EVGA to create. This may include not only the names or physical designs of existing or fictional products, but also certain features, functionality, or other bespoke qualities of such.

EVGA requests that applicants and participants of the X17 Beta Program do not send or provide submissions in any form to EVGA or any of its employees outside the scope of what is requested to apply or participate in the X17 Beta Program. Because EVGA has many ongoing internal projects, unsolicited submissions can create misunderstandings or disputes down the road that seem similar to an unsolicited submission provided. If an applicant or participant still wishes to submit an unsolicited idea, then applicant/participant hereby agrees to the following without exception, and regardless of any proposed terms/conditions contained within a memorandum that accompanies the submission (if any):

• All unsolicited submissions and their content, along with any intellectual property contained therein, will automatically become the property of EVGA without any compensation to applicant or participant.
• EVGA may use any portion or redistribute submissions and their contents for any purpose and without limitation.
• There is no obligation for EVGA to review the submissions
• There is no obligation to keep any submissions confidential

Please note that EVGA does encourage feedback about its products, website, and customer experience, which can be provided at https://www.evga.com/support/suggestions.asp. Any feedback provided on this page will be deemed to be non-confidential and not proprietary. EVGA may use or redistribute information submitted on this page without limitations or compensation to the author.

Additional Terms and Conditions:

EVGA reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the X17 Beta Program should a virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the X17 Beta Program. In such case, EVGA may select participants from all eligible entries received prior to and/or after (if appropriate) the action taken by EVGA. EVGA reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the X17 Beta Program, the EVGA.com website or violates these Terms & Conditions.

EVGA has the right, in its sole discretion, to maintain the integrity of the X17 Beta Program, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by X17 Beta Program Rules; or the use of bots, macros or scripts or other technical means for entering.

Any attempt by an applicant to deliberately damage any web site or undermine the legitimate operation of the X17 Beta Program may be a violation of criminal and/or civil laws. Should such an attempt be made, EVGA reserves the right to seek damages from any such person to the fullest extent permitted by law.

Limitation of Liability:

By applying to enter, applicant/participant agrees to release and hold harmless EVGA Corporation and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such applicant's participation in the X17 Beta Program and/or their acceptance, possession, use, or misuse of the product or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the application process of the X17 Beta Program; (v) electronic or human error which may occur in the administration of the X17 Beta Program or the processing of entries.

Disputes:

THIS X17 BETA PROGRAM IS GOVERNED BY THE LAWS OF UNITED STATES OF AMERICA AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this X17 Beta Program, applicant/participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this X17 Beta Program, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Orange County, California having jurisdiction.

UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES.

EVGA’S TOTAL LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED YOUR ACTUAL OUT-OF-POCKET EXPENSES (I.E. DUTIES AND/OR TAXES ASSOCIATED WITH CUSTOMS FEES AND COSTS ASSOCIATED WITH ENTERING THIS X17 BETA PROGRAM) AND/OR THE MSRP OF AN EVGA X17 GAMING MOUSE WHEN THE PRODUCT LAUNCHES, AND PARTICIPANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.

Severability:

If any of the provisions of these Official Rules are held by a court of competent jurisdiction to be unenforceable or invalid, then such provisions will be ineffective to the extent of the court's ruling. All remaining portions of the Official Rules shall remain in full force and effect.

Void wherever restricted or prohibited by law.