These are the Terms & Conditions (“Offer T&Cs”) for the Intel® Arc™ Graphics: Play and Create Bundle Promotion (“Promotion”). In these Offer T&Cs, “you” and “your” refer to a purchaser of a qualifying device meeting the Program requirements who wishes to take part in the Promotion, and “we,” “us,” and “our” refer to Intel Corporation (“Intel” or “Sponsor”) and The Game Agency, LLC (“TGA” or “Data Processor”). You must agree to these Offer T&Cs and any additional terms and conditions established by retailers participating in the Promotion (“Participating Retailers”) in order for you to take part in the Promotion. Please read the Offer T&Cs carefully prior to continuing with the Promotion requirements. By continuing, you agree to be bound by these Offer T&Cs.

1. ELIGIBILITY. You are eligible to participate in the Promotion if you (i) agree to these Offer T&Cs; (ii) agree to Intel’s Terms of Use and Privacy Policy; (iii) have an active single sign on account with Intel (“Account”); (iv) agree to terms and conditions of a Participating Retailer and meet its specific requirements for the purchase of one of the qualifying Intel® Arc™ graphics card or an Intel Core™ processor-based device(s) featuring an Intel® Arc™ graphics card on its list of qualifying devices (“Qualifying Device(s)”), during the specific purchase period established by such Participating Retailer (“Purchase Period”); (v) receive a unique series of alphanumeric characters from such Participating Retailer (“Master Key”), and (vi) complete a survey about your purchase. If you have not yet reached the age of majority set by your country/region territory of legal residence (18 years of age in many countries), please ask your parent or legal guardian to participate in this Promotion on your behalf.

The Qualifying Device(s) may differ by Participating Retailer and may include some, but not necessarily all, of the following devices: 

The Purchase Period may differ by Participating Retailer and may span some, but not necessarily all, of the following period: {February 01, 2023 USA Pacific Time} to {April 30, 2023 USA Pacific Time}

2. SPONSOR. The “Sponsor” is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95054-1549, USA.

3. DATA PROCESSOR. The “Data Processor” is The Game Agency, LLC, 470 West Avenue, Suite 2002, Stamford, CT 06902, USA.

4. PROMOTION OVERVIEW. To add value to your purchase, Intel is offering you at no additional cost, the opportunity to download and use the following software title(s) (“Offer”) whose average retail values (“ARV”) are indicated in parentheses and listed in U.S. Dollars (USD):

5. SCHEDULE. Subject to these Offer T&Cs, to participate in this Promotion, you must (i) purchase a Qualifying Device from a Participating Reseller during the Purchase Period established by such Participating Retailer; (ii) receive a Master Key from such Participating Retailer during the Purchase Period, and (iii) redeem the Offer from {February 01, 2023 USA Pacific Time} to {July 31, 2023 USA Pacific Time} (“Redemption Period”). Intel will not shorten the Redemption Period for this Offer except as otherwise provided in these Offer T&Cs or the redemption period associated with bonus software that may be offered as an added incentive for you to begin a marketing relationship with the Sponsor. Should unforeseen circumstances arise after the Promotion begins, Intel reserves the right to extend the Redemption Period in our reasonable discretion. Any such changes to the Redemption Period will be communicated by Intel or the Participating Retailers. No individual extensions to the Redemption Period will be granted.

6. REDEMPTION PROCESS. To redeem the Offer during the Redemption Period, follow these steps:

7. SECURITY. You are entirely responsible for maintaining the confidentiality of your user name and password for your Account (“Credentials”) and for all activities that occur on your Account.  You agree to notify Intel and TGA immediately of any unauthorized use of your Credentials or Account, or any other breach of security by contacting https://softwareoffer.intel.com/redeem/support. Neither Intel nor TGA will be liable for any loss that you may incur as a result of someone else using your Credentials, either with or without your knowledge. However, you could be held liable for losses incurred by Intel, TGA, or another party due to someone else using your Credentials. You may not use anyone else's Credentials or Account at any time, without their permission. 

8. GENERAL. Violation of these Offer T&Cs or the Sponsor's Terms of Use may result in revocation of your access to the Offer Site and ineligibility to further participate in the Promotion. 

This Offer is valid only as long as supplies last, and the Promotion is void where prohibited. Residents of or persons located in any country or region that is the subject or target of any United States or other government sanctions or embargoes are not eligible to redeem the Offer or otherwise participate in the Promotion. Each Qualifying Device is eligible for only one (1) Offer. Cancelled orders or returned purchases of a Qualifying Device are ineligible for participation in the Promotion. We reserve the right to replace the software title(s) of the Offer for ones of equal or greater value or to add bonus software titles. Certain software titles may not be available to all consumers because of age restrictions. The Offer may be changed, cancelled, or suspended at any time, for any reason, without notice, at Intel’s reasonable discretion if the fairness or integrity of this Offer is affected by cheating, fraud, a virus, bug, catastrophic event, or any other unforeseen or unexpected event that could not be reasonably anticipated or controlled. This right is reserved whether the above circumstances are due to human or technical error.

The software title(s) included in the Offer is provided by third parties through their respective websites, or through a website managed by TGA. We may provide hyperlinks, instructions, or other methods to aid your access to such third-party software title(s), web sites, and other resources (collectively, “Third Party Materials”) on an AS-IS basis. Intel cannot endorse, approve, or guarantee Third Party Materials. Intel is not responsible for the content or accuracy of any Third Party Materials or for any loss or damage of any sort resulting from the use of, or for any failure of, the Third Party Materials, unless the loss or damage is caused by Intel’s gross negligence or willful intent. When you use Third Party Materials, you may be subject to terms of use, privacy policies, and other relevant terms and conditions, which may differ from ours. You should familiarize yourself with the terms of use, privacy policy, and other relevant terms and conditions that will govern your use of such Third Party Materials.

The Offer Site and the software title(s) comprising the Offer are for your personal and non-commercial use. As such, you may not transfer or sell any aspect of the Offer including but not limited to your Credentials, your Account, the Master Key, any software title(s), software license keys, software offer codes, products, or services obtained through the Offer Site. Only the eligible recipient of the Master Key may redeem the Offer. The company from whom you purchased the qualifying Intel Core™ processor-based devices featuring an Intel® Arc™ graphics card may not redeem this Offer on your behalf nor upload the Proof of Purchase to the Offer Site for verification. No incomplete, illegible, nonsensical, forged or automated entries generated by script, macro or any other automated means are permitted.

Intel reserves the right to correct any typographical or printing errors associated with the Offer. The invalidity or unenforceability of any provision, statement, or sentence of these Offer T&Cs will not affect the validity or enforceability of any other provision, statement, or sentence. In the event that any provision, statement, or sentence is determined to be invalid or otherwise unenforceable or illegal, these Offer T&Cs will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision, statement, or sentence were not included.

CAUTION: ANY ATTEMPT TO UPLOAD FRAUDULENT INFORMATION OR DELIBERATELY DAMAGE THE OFFER SITE OR UNDERMINE ITS LEGITIMATE OPERATION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, INTEL RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

9. IMPORTANT: DISPUTES. By participating in the Promotion, you agree that any and all disputes which cannot be resolved between the parties, and claims and causes of action arising out of or in connection with the Promotion will be resolved individually, without resort to any form of United States class actions. 

10. LIMITATION OF LIABILITIES. UNLESS RESTRICTED BY APPLICABLE LAW, IN ANY DISPUTE, CLAIM OR CAUSE OF ACTION, EXCEPT (I) IN THE CASE OF DAMAGES CAUSED BY CULPABLE INJURY TO LIFE, BODY, OR DEATH, OR (II) IN CASE OF GROSS NEGLIGENCE OR A WILLFUL MISCONDUCT BY SPONSOR, IN NO EVENT WILL INTEL OR TGA HAVE RESPONSIBILITY FOR OR ANY LIABILITY TO YOU, OR TO ANY OTHER THIRD PARTY, FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE, DAMAGE TO ANY COMPUTER (SOFTWARE OR HARDWARE) RESULTING FROM YOUR PARTICIPATION IN ANY OFFER OR PROMOTION, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS' AND OTHER PROFESSIONALS’ FEES), ARISING OUT OF YOUR PARTICIPATION IN ANY OFFER OR PROMOTION, OR THESE OFFER T&CS, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY. FOR PROMOTIONS RUN IN THE UNITED STATES, THESE LIMITATIONS APPLY IRRESPECTIVE OF WHETHER INTEL OR TGA HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

11. PRIVACY. Intel respects your privacy. The Intel Privacy Notice located at https://www.intel.com/content/www/us/en/privacy/intel-privacy-notice.html describes our privacy practices regarding the collection, use, and disclosure of your personal information through Intel’s web sites, products, online services, software, apps, tools, and other services and functionality we provide, including this Promotion and your Account. The Data Processor processes your personal information on Intel’s behalf solely for the purpose of administering the Promotion in accordance with these Offer T&Cs. 

12. DATA RETENTION. Your data that is required for legal audits will be stored in the database associated with the Offer for the latter of (i) three (3) years from your acceptance of these Offer T&Cs or (ii) one (1) year from your latest log-in to your Account. If you accept the Terms and Conditions for a new Offer during the initial three (3) year window, the three (3) year period will reset and all legal-related data from your initial engagement period will be stored. At the end of the retention period for legal-related data, all such information will be permanently deleted from the database.

For customer service, legal, and auditing purposes, information related to any inquiries from you will be retained in the database associated with this Offer for three (3) years from when you first submit it.

If you update any of your personal data associated with your  Account, those updates will not be sent to the third parties to whom you had consented to receive your personal data during your participation in an Offer. If you wish to update the information initially sent to third parties, you will need to contact those third parties directly.

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