UPDATE BEGIN -
 
Very unhappy now, woke up this morning to an email saying i needed to pay for my advanced rma, which is bs because I was told verbally by three people on the phone now that ALL I WOULD NEED TO DO IS WAIT FOR THE CARD THEN RETURN THE OLD ONE IN THE NEW BOX.
 
They specifically told me I would have to pay nothing due to the situation and I told them I had no card on file or otherwise available they said thats fine, so the response here on the forum is a blatant lie to save face publicly for this horrendous error on evga's part, meanwhile behind the scenes its all impersonal business as usual with the usual one way robo emails telling me to pony up so evga's butt is covered even though the whole affair is squarely their fault - I do not appreciate being lied to, its bad enough that you have people within the company that essentially committing fraud selling broken products as new, but to go on the forums and just bold facedly lie to save your own butts is ... I am so dissapointed in you right now evga.
 
UPDATE END -
 
The card arrived looking completely new and had the little  peel off surfaces applied flawlessly, looked 100% legit brand new, later that night, not even having owned the card for a day, I began seeing massive rainbow bloom artifacting at 4k 60 in Dark Souls 3 and ghosting and grainyness, I stopped and checked restarted the rig thinking it was my rig, card was fine for all of 2 hours when it happened again, mind you I had never overclocked the card and my EVGA PSU was far more then needed to run the card + my system, I then started to try different things, First I installed that precision thingy and pushed the overvoltage up by 5%, card stayed stable for about 3 hours, restarted and pushed another 5% card ran fine  about 5 and a half hours then artifacted again- overvolted another 5%
card was ok for 8 hours then artifacted again- last night I pushed it to 20% overvolt and I have been playing Dark Souls 3 all night till now at 4 k 60 with almost no issues save for some weird lines in water in the pit of hollows, now it artifacted again, so I called evga, gave the man my serial and he strangely said "hello mister Travis" I said? who is Travis?, I then explained my situation and it was discovered that someone at EVGA seems to have repackaged a very broken used card and sold it as new, I was that card's unfortunate recipient, The rep told me that it appeared someone was doing a "big no no" IE a favor for a friend or something I am guessing, anyhoo, my card is being replaced via an advanced RMA with overnight shipping ^^ so I will have the new one on Saturday Delivery for my trouble and to send the broken one back in the new box : 3 
 
 
 
___________________________________
 
It very much bothers me that this was even a possibility and i hope EVGA revises its security and quality control methods so this does not happen to anyone else!
 
also Thankyou Un-named epic tech support rep : -3 for being awesome and willing to go the extra mile to set things right, I will continue shoppies at EVGA in teh future ^_^!

Hello MooCowGal, welcome to the forums!
 
I'm sorry for the confusion and the trouble with your new 1070. I can confirm that this was previously purchased directly from us and returned, and our warehouse confirmed the product was not opened by the previous purchaser. Unfortunately products can very rarely be faulty right out of the box, as appears to be the case here. It's just an unfortunate coincidence that it was bought and returned once before. I've approved your Advanced RMA and made sure it's flagged for a new-in-box replacement, and bumped up the shipping for the inconvenience. 

thankyou muchies

EVGATech_JaesonW
Hello MooCowGal, welcome to the forums!
 
I'm sorry for the confusion and the trouble with your new 1070. I can confirm that this was previously purchased directly from us and returned, and our warehouse confirmed the product was not opened by the previous purchaser. Unfortunately products can very rarely be faulty right out of the box, as appears to be the case here. It's just an unfortunate coincidence that it was bought and returned once before. I've approved your Advanced RMA and made sure it's flagged for a new-in-box replacement, and bumped up the shipping for the inconvenience. 

And this is why we purchase EVGA!! try getting that from MSI LOL

UPDATE: Very unhappy now, woke up this morning to an email saying i needed to pay for my advanced rma, which is bs because I was told verbally by three people on the phone now that ALL I WOULD NEED TO DO IS WAIT FOR THE CARD THEN RETURN THE OLD ONE IN THE NEW BOX.
 
They specifically told me I would have to pay nothing due to the situation and I told them I had no card on file or otherwise available they said thats fine, so the response here on the forum is a blatant lie to save face publicly for this horrendous error on evga's part, meanwhile behind the scenes its all impersonal business as usual with the usual one way robo emails telling me to pony up so evga's butt is covered even though the whole affair is squarely their fault - I do not appreciate being lied to, its bad enough that you have people within the company that essentially committing fraud selling broken products as new, but to go on the forums and just bold facedly lie to save your own butts is ... I am so dissapointed in you right now evga.

I would call them on the phone and explain the situation.
 
I'm sure they will help you out.
 
I'm also sure you will get better results talking to them in person...as opposed to posting here.  This forum is not moderated by EVGA.

That's a solid!!

MooCowGal
thankyou again ^^ here's hoping i'm being told the truth this time : p

Hello MooCowGal,
 
I went ahead and double checked your request and I can assure you that the Advanced RMA is in progress and there is no reason for you to do anything else at this point, until you have received the replacement. At that point, you will only need to ship the original product back, using the included prepaid shipping label.
 
If you have any further questions or concerns, please feel free to contact our team by phone at (888)881-3842 or via email at Support@EVGA.com
 
Thank You