By participating in the AMD Arena program (“AMD Arena”), Partner’s participating sales associates and technical representatives (“Participant” or “You”) agree to be bound by the terms and conditions below (the “Terms & Conditions”).  Please print a copy of this Agreement for your records.

1. PROGRAM DESCRIPTION:

AMD Arena allows employees of each registered AMD Partner to engage in AMD trainings, sales tools, quizzes, and mission(s) which are customized based on the employee’s role with an AMD Partner. For the purposes of these Terms & Conditions, a “Mission” is defined as a collection of actions the participant must complete to earn badges, Chips and/or Reward Points, and “AMD Partner” is defined as a company that sells AMD products. AMD Partners are not a parent, subsidiary, or affiliate of AMD and are not authorized to bind AMD in anyway. Through missions, users can receive badges, earn chips to see how they rank among their peers (a “Chip(s)”), and earn electronic Reward media (a “Reward Point(s)”) that may be redeemable for merchandise, individual travel or experiential rewards, as applicable.  

2. PROGRAM PERIOD:

AMD Arena will begin on January 28th, 2020 and continue for twelve months (the “Initial Program Period”). At the end of the Initial Program Period, AMD may choose to continue AMD Arena on a month-by-month basis (collectively the “Program Period”).

3. ELIGIBILITY:

AMD Arena is open to employees of an AMD Partner in any country that has not prohibited participation in this type of program. As a condition of your participation in AMD Arena and being eligible to redeem Reward Points, You understand and agree that your participation will be pursuant to these Terms and Conditions. You understand and agree that to participate in AMD Arena at all times during the Program Period: (a) You must be employed as a sales associate or technical representative at a current AMD Partner, (b) the AMD Partner must remain in good credit standing with AMD, (c) You have obtained the consent of your employer, the AMD Partner, to participate in AMD Arena; (d) You shall maintain a current user profile including quarterly employment verification and prompt notification to AMD in writing of any change in employment status that may affect your participation; and (e) meet any other participation criteria required by AMD.  Only one account is allowed per person and are non-transferable. You acknowledge and agree that You will not redeem Reward Points for Reward(s) Items if prohibited by your employer. AMD employees are not eligible to earn or redeem Reward Points. Neither these Terms & Conditions, nor Your participation in AMD Arena shall be deemed to create or imply an employee-employer or co-employment relationship between You and AMD, and You understand and agree that you are not eligible for any other employment rights or benefits from AMD except for the benefits from AMD Arena. If Participant chooses to opt out of AMD Arena or is no longer eligible to participate in AMD Arena, use and access to AMD Arena shall terminate, and Participant will not earn or receive any further Reward Points.

4. EMPLOYMENT VERIFICATION:  

Employment verification is required by each Participant before a Participant can redeem Reward Points, and Your employment must be reverified every 90 days. You will not be able to redeem Reward Points if you have not verified your employment at an AMD Partner within the previous 90 days.

5. REWARD POINTS:

Reward Points earned by a Participant are redeemable for merchandise, individual travel, and experiential rewards at the on-line redemption platform located at www.amd.com/arena (the “Store”) at such time Reward Points are credited to your account and must be redeemed within one-year from the date of last Program Activity, defined as logging in to AMD Arena, unless such Reward Points expire earlier in accordance with these Terms and Conditions. Participants, if permitted by their employer, may redeem Reward Points for prizes in the Store as provided in Section 6 below, until such Reward Points expire. Reward Points must be redeemed prior to changing employers. You will not be able to redeem Reward Points without employment verification within the previous 90 days.  Reward Points are non-transferrable and may only be redeemed by the Participant to whom they were issued. Reward Points are not redeemable for cash. Reward Points will be considered void and will not be honored if employment cannot be verified, if Reward Points or an account is obtained through fraud, or if Reward Points are transferred or sold for cash, for other consideration or no consideration. Reward Points are not replaceable if lost or stolen. NO CHANGE OR CREDIT WILL BE GIVEN on any unused or expired Reward Points and they can only be redeemed as described in these Terms & Conditions. Reward Points will be Rewarded to Participants as described herein or on the AMD Arena website (the “Site”) at www.amd.com/arena. Values Rewarded for each earning activity in AMD Arena are determined by AMD in its sole discretion and may vary based on multiple factors.

6. THE STORE:

Participants can redeem Reward Points earned for merchandise, individual travel, and experiential activities listed in the Store (a “Reward(s)”), subject to availability and employment verification. Upon receipt of Reward(s), Participant is solely responsible for any and all expenses in connection with the Reward(s), including but not limited to applicable  taxes, insurance, licensing, registration, title fees and costs, and other expenses that may be required for the enjoyment and use of Reward(s).  Participants may not substitute, assign or transfer Reward(s), or supplement redemption of Reward(s) with cash or credit cards. Reward(s) will not be fulfilled/provided outside of Participants’ home country.  Reward(s) and values of Reward(s) offered in connection with AMD Arena are subject to change without prior notice. Should a product be discontinued or withdrawn, AMD, in its sole discretion, may substitute a product of equivalent or greater value, if available, or cancel your order and refund your Reward Points. AMD cannot accept responsibility for delays or inability to fulfill for any cause such as fire, explosion, action of the elements, strikes or other differences with workers; restrictions or restraints imposed by law, rules or other order of public authority; or interruption of transportation beyond our control.

7. REWARD(S) ERROR POLICY:

This Reward(s) error policy (the “Reward Error Policy”) applies to each Participant in AMD Arena. Accidental typographical errors sometimes occur in Reward(s) descriptions or values.  In this event, AMD Arena reserves the right to notify you of the correct description or value before Reward(s) is shipped.  The Reward(s) Error Policy requires prompt mitigation and recovery of all Reward(s)s issued in error for any reason; including, but not limited to data inaccuracy, inaccurate Reward Points’ valuation, processing error or miscommunication. The Reward(s) Error Policy requires immediate steps be taken to mitigate loss by reversing Reward Points deposited to Participant accounts in error, placing a hold on delivery and fulfillment of Reward(s), and/or cancelling Reward(s) orders. As a result of error mitigation steps, a Participant may have a negative Reward Points account balance. A Participant can restore his or her Reward Points’ account to a positive balance by receiving further Reward Points; or, participants may elect to be credited Reward Points by returning Reward(s) previously received by the Participant.

8. PROGRAM INACTIVITY OR TERMINATION:

Reward Points must be redeemed within one-year from the date of last Program Activity, unless such Reward Points expire earlier in accordance with these Terms and Conditions. Any Reward Points not redeemed within one-year from the date of last Program Activity will no longer be available for redemption. If (a) Participant is no longer an employee of an AMD Partner; or (b) the Arena Program has been terminated by AMD, Reward Points shall immediately expire and no longer be available for redemption. “Program Activity” is defined as a Participant who logs into the Arena Program web site (the “Site”) at www.amd.com/arena. AMD reserves the right to change or discontinue AMD Arena and the Participant’s participation at any time and for any reason without prior notice.

9. CONDITIONS OF PARTICIPATION:

As a condition of participating in AMD Arena, You agree (a) that AMD and its affiliated companies, advertising, promotion, and production agencies, prize providers, and all of their respective officers, directors, employees, representatives and agents, will have no liability whatsoever for, and shall be held harmless by You from and against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of Reward(s), participation in AMD Arena or any AMD Arena related activity; or for any typographical or other error in the communication of AMD Arena or Reward(s); (b) except where legally prohibited, You grant (and agree to confirm that grant in writing) permission for AMD and those acting under its authority to use Participant’s name, photograph, voice and/or likeness, for advertising, trade and/or publicity purposes without additional compensation in all media now known or hereafter discovered, worldwide and on the internet, without notice, review or approval; and (c) You affirmatively opt-in to receive AMD Arena-related email communications from AMD. Additionally, there is a limit of one (1) AMD Arena account per Participant.

10. VOLUNTARY PARTICIPATION:

Participant acknowledges that participation is voluntary and not a condition of Participant’s employment with an AMD Partner.

11. ACCESSING THE PROGRAM WEB SITE:

To participate in AMD Arena, Participant agrees that AMD Arena registration and all electronic communications will require an identification code (the “Login ID”) and Password. The Login ID contained in an electronic document or communication is sufficient to verify the sender’s identity and the document’s authenticity. Participants are responsible for maintaining the confidentiality of their Login ID and password, and are fully responsible for all activities that occur under their Login ID. Participants agree to immediately notify the AMD Arena administrator, at amdarena@amd.com of any unauthorized use of their Login ID or account or any other breach of security.

12. LIABILITY:

Neither AMD nor its agencies are responsible for illegible, lost, late, damaged, destroyed, incomplete, postage due, unintelligible, non-delivered, misdirected, stolen entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, mechanical, electronic or network; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Any attempt by any Participant to user multiple/different e-mail accounts, or any other methods of participating in AMD Arena will void the Participant’s use and access to AMD Arena without notice.

13. TAX LIABILITY:

Taxes on rewards are the sole responsibility of the Participant. All applicable income tax laws and regulations in Participant’s jurisdiction apply. Sponsor may issue and/or file documentation with the appropriate taxing authorities, if applicable.

14. INDEMNIFICATION:

Participants waive any and all claims liability relating to or arising from AMD Arena and hereby release and hold harmless, AMD and its affiliates, subsidiaries, partners, and advertising and promotion agencies from and against any accident, loss or injury occurring as a result or consequence of AMD Arena, or any prize or Reward received through AMD Arena. You agree to indemnify, defend and hold AMD and all of its agents, directors, officers, employees, information providers, licensors and licensee, affiliates and subsidiaries, (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will cooperate as fully as reasonably required in AMD’s defense of any claim. AMD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of AMD.

15. ADMINISTRATION:

The Terms & Conditions of AMD Arena and the eligibility of Participants to participate in AMD Arena are in AMD’s sole discretion.  All decisions made by AMD are final, and non-appealable. AMD reserves the right to audit and/or request verification of all claims submitted and reserves the right to modify and/or cancel AMD Arena and these AMD Arena Terms & Conditions at any time, for any reason, without prior notice. 

16. COPYRIGHTED INFORMATION AND COPYRIGHT AGENT:

The pages on the Site may contain proprietary notices and copyright information, the terms of which must be observed and followed. Unless otherwise noted, all information, text, articles, data, images, documents, software or other materials (collectively, the "Materials") contained on any page within the Site are copyrighted by AMD or a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Materials will at all times remain with the Copyright Holder. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. You may not download, copy, edit, modify or make use of the Materials except as needed to participate in AMD Arena without the express, prior written consent of the Copyright Holder. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to AMD, the Copyright Holder, or any third party referenced in the Materials. Nothing on the Site shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. You agree to use the Site and the Materials on the Site or accessible via the Site only for lawful purposes. AMD MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME WITHOUT PRIOR NOTICE.

17. PRIVACY:

You may be required to provide personal identifiers and professional and employment information to enable AMD to verify your employment and ensure that you are eligible to participate in AMD Arena and to redeem Reward Points in the Store. This may include submitting acceptable proof of employment for verification, such as your latest paystub evidencing your name, place of employment , pay period and pay date. All other information, including payments made to you, bank account details, home address and national government identifiers should be redacted before submitting the document to AMD. You are solely responsible for redacting such information and AMD will not be responsible in any manner for personal information that is not redacted. See ELIGIBILITY, EMPLOYMENT VERIFICATION and REWARD POINTS  above for additional information. 

We may provide personal identifiers (such as your name) and training, event, and program attendance and participation information (such as your AMD Arena Program progress) to the employer or affiliate provided by you when you registered to participate in an AMD training, event, or program in connection with your employment. Information received will be subject to your employer’s or affiliate’s privacy notice. You can read about how we handle your personal data, your personal data rights, and how you can contact us in our privacy notice.

18. COMPLIANCE WITH LAWS:

AMD Arena is intended to comply with laws and regulations in applicable jurisdictions. Any offer made or benefit conferred by AMD Arena is void where prohibited by law. Participant shall be responsible for Participant’s compliance with all laws and regulations. If any language of these Terms & Conditions is determined to be unlawful, void or unenforceable, then such language shall be severable without affecting the enforceability of all remaining provision of these Terms & Conditions. Any law or regulation required to be included in, or that require modification of, these Terms & Conditions but not expressly referenced shall be deemed to be included in, or a modification of, these Terms & Conditions by reference.

19.  EXPORT CONTROL LAWS AND REGULATIONS: 

In accordance with United States export control laws and regulations, You hereby certify that You are not a military end-user, are not engaged in any actions or functions that are intended to support any military end-use, and will not sell, supply, transfer, use, or permit any other person or entity to use, any of the products obtained using Your AMD account in any such military end-use.

For purposes of this assurance, a "military end-user" means and includes the national armed services, the national guard and national police, government intelligence or reconnaissance organizations, or any person or entity whose actions or functions are intended to support military end-uses. A "military end-use" means and includes the incorporation of any product into a military item or defense article, or any items that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, development or production of a military item or defense article.

In furtherance You certify under this export compliance assurance, You shall not export, reexport, transfer (in-country), release or disclose any of AMD’s technology or software to any other destination, person or entity except as authorized under the export control laws and regulations of the United States for use in the following activities: 

  1. Any person or entity, wherever located, for use in any activities directly or indirectly related to the design, development, production, testing, stockpiling or use of nuclear, chemical or biological weapons or missiles (including rocket systems, space launch vehicles, sounding rockets, and unmanned air vehicles [drones]) or any other weapons of mass destruction;
  2. Any person or entity on any of the United States Government's lists of prohibited and restricted parties including but not limited to person or entity listed on the Denied Persons list, the Entity List and the Unverified List published by the U.S. Department of Commerce’s Bureau of Industry and Security as well as the Office of Foreign Asset Controls Specially Designated Nationals list (herein collectively referred to as the “RPL” list);
  3. To any country or region that is subject to a comprehensive export embargo by the United States Government
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