RE: "Newegg Is Not Fully Aware of the Terms and Conditions of the Nvidia Free Daylight Game Promotion!"
Dear Fantastic EVGA Community,
Many of you on the "700 Series Forums" may have perused through my recent adventures of upgrading from my old 8800 GTX TRI-SLI setup to a single EVGA GTX Titan Black Superclocked Signature Edition, then SLI, and tomorrow, potentially, TRI-SLI. However, not many are aware of the hassle I endured in securing the
Nvidia Free Daylight Game Promotion. Well, though I will do my best to keep this very long story as brief as possible, these proceedings have been a lengthy process that will most certainly result in an extensive story and explanation. But trust me, this needs to exposed and is a
MUST READ for anyone who purchased a video card eligible for Nvidia's Free Daylight Game Promotion through Newegg (and potentially any participating E-tailer, System Builder, Board Partner) starting on March 12, 2014.
As many of you are aware, last month, Nvidia launched a special promotion for the up-coming release of "Daylight". The promotion details a free download copy of "Daylight" with the TERMS AND CONDITIONS stating:
"This offer is available for GeForce® GTX 660, 660 Ti, 670, 680, 690, 760, 770, 780, 780 Ti or TITAN graphics cards only. The promotion starts on the 12th March and is available for a limited time or while supplies last. The offer is available from selected retailers only. Please check the product description of the graphics card you are purchasing to confirm that the games are included. Additional terms and conditions may apply." 
Now, if any of these specific details involve you,
READ ON. Unfortunately, all others are
NOT eligible. However, please do read on for further knowledge should this situation arise for you with Newegg or any other authorized retail partner in the future.
I was well aware that Nvidia and AMD often launch promotions with newly released products. The recent release of Nvidia's GTX Titan Black was no exception and as such, I was well aware of the "Daylight" promotion upon deciding to shop for the GTX Titan Black. After weeks of research and prospecting both before and after launch, I was finally able to locate stock of the EVGA Titan Black Superclocked Signature Edition via Newegg. I quickly took action, added to cart, and checked out without identifying the inclusion of Nvidia's Daylight Promotion on the Newegg page. However, I was well aware that this was Nvidia's flagship video card (before the announcement of Titan-Z) and thus, the Titan Black is eligible for the Nvidia "Daylight" Promotion. After checkout, I returned to the product page, which at this point was already sold out and found no information regarding the inclusion and/or eligibility for Nvidia's "Daylight" Promotion. Nonetheless, I "assumed" that Newegg would fulfill the promotion without issue, as Newegg is clearly identified as an authorized "E-tailer" for both the Titan Black and "Daylight" Promotion.
After receiving shipping information regarding my order, I quickly identified that the free "Daylight" game was not included in the shipping invoice. Thus, I proceeded to contact Newegg. I spoke with a courteous and polite Newegg CSR, to whom I explained the situation. She apologized for the inconvenience and confusion and was able to oblige to the promotion per my clear explanation of the eligibility terms and conditions, all of which, my purchase had met. Before ending our conversation, she promised to e-mail me with information regarding the fulfillment of the "Daylight" Promotion, which I received shortly after, along with an invoice and tracking number. I eventually received the "Daylight" Promotion coupon two days after receiving my first GTX Titan Black Superclocked Signature Edition.
Unfortunately, the first GTX Titan Black Superclocked Signature Edition arrived with damaged retail packaging. Initially, upon receiving and lifting up the package from FedEx, I quickly noticed a shift of weight inside the shipping box to one side, alluding to a large open area which was not well secured with packing medium. Thus, the retail package was in fact moving/sliding within the shipping box almost 6-12 inches allowing movement of the item to hit the internal sides of the shipping box. Essentially, the shipping box was too large for the item and was not packed with enough packing medium. Due to the sliding, the front of the retail packaging was scuffed to a fairly noticeably degree, the corners were bent and one particular corner had a tear as a result of continual shifting and hitting during the shipping and handling process. I understand that some may rationalize that its
ONLY retail packaging, but to me, it is a
$1,100 investment. I demand high standards in terms of condition when I make any purchase, and more so with high value purchases. Though extremely difficult, patience and better judgment refrained me from opening the item until I was able to notify Newegg of the condition and receive further instructions. I called Newegg Customer Service who then politely transferred me to their RMA department. I spoke with an RMA representative who then eventually forwarded me to a CSR Support Agent (supervisor). I explained to her the situation and was cordial and polite in granting me an RMA, however, I explained to her the dilemma as the EVGA GTX Titan Black Superclocked Signature Editions are extremely difficult to find and secure. She explained, that unfortunately, there was no way for the RMA department to "hold" or "secure" an item for me that was not currently in stock in their system, thus, I only had two options: (1) return the item for an RMA/refund, or, (2) hold on to the unit for up to 30 days until more arrive in stock. She did however inform me that more stock had been ordered and were due to arrive within the next week from EVGA. Unfortunately, the only way to secure a replacement is to order a second unit which would then equate to a "temporary" $2,200 investment. She did however allow me to open the item for inspection and testing to ensure the proper functionality and overall condition of the items inside. She also accommodated me with a promise of no restocking charge upon RMA to be noted on my account and emailed me with her contact information should any questions and/or concerns arise.
Approximately one week later, the next shipment of GTX Titan Black Superclocked Signature Editions arrived and once again became available for purchase. I quickly added to cart, made payment and finalized the other. Again, there was no mention of the Nvidia Free Daylight Promotion and displayed no option to include the free game. I did not want to delay the order for risk of losing the opportunity to secure a replacement, so I went ahead with the purchase. I e-mailed the CSR who granted me the first "Daylight" coupon and explained to her the entire situation. Though seemingly more "annoyed", she reluctantly approved the second coupon, (which after two weeks I still have not received) and continued to further explain that Newegg does not grant promotional items if not specifically detailed on their product's webpage. She almost insinuated that she was doing me a favor by obliging to the offer again, to which, I quickly rebutted and outlined the terms and conditions of the Nvidia Free Daylight Promotion and included the appropriate links to
Nvidia and
EVGA as evidence. I continued to explain that either one of two scenarios are occurring: (A) Nvidia is falsely advertising Newegg's participation as an authorized E-tailer with this promotion
(highly unlikely), or, (B) Newegg is not fulfilling their responsibility in granting eligible customers their rightly due promotional content
(more likely). I explained that Newegg needs to update their product pages regarding eligible items for the Nvidia Free Daylight Promotion and if left uncorrected, more customers are likely to complain and request for fulfillment of the promotion as a result of Newegg's error.
A few days later, I did finally receive the second unit which arrived in perfect condition. The original shipping box used by EVGA for shipment to Newegg was used and perfectly shaped. Each shipment from EVGA arrives in bundles of three. Obviously, two were removed in fulfilling my order and the empty volume was packed heavily with packing material. This was the optimum condition for shipping and thus, the second unit arrived safely. After inspection of all components and upon testing functionality of the second unit both individually and in SLI, I then decided to upgrade from a single TB:SS to SLI, which also meant that I needed to secure a third unit as a replacement for the first to be RMA'ed.
Another week had passed, and luckily, the TB:SS again became available. I ordered a third unit and for the third time, the Nvidia Free Daylight Promotion was not included. Thus, I attempted to again secure a third "Daylight" coupon, to which I received no compliance. I mentioned that the promised 2nd game coupon was never shipped, to which, she apologized and reassured me would be shipped out immediately. I also continued to explain that I purchased yet a third unit which would require the inclusion of the promotional offer. To this, I received some resistance despite my clear explanations of Nvidia's terms and conditions with relevant links to Nvidia and EVGA. She refused to comply and instead replied with what I concluded to be rude and unprofessional customer service.
The reply stated and I quote,
"On Apr 17, 2014, at 11:35 AM, "XXXXX.X.XXXXX (cs.usca01.Newegg)" < XXXXX.X.XXXXX@newegg.com> wrote:Dear Sir, We apologize for the inconvenience, however this is not the Newegg.com site and it is not offered on our site. You may be able to contact EVGA or Nvidia for the item, however it Newegg is offering the free item it is listed on our site at time of purchase." At this point, I am livid and replied with the following,
"XXXXX. I am extremely disappointed at how Newegg is dealing with my case. I simply do not understand why I must insist for fulfillment of a bundle clearly outlined by your vendor and video card manufacturer. If this is the case, after spending thousands of dollars with Newegg and to have to fight for free game software that I am clearly eligible to receive, I will go ahead and return all of my orders upon receipt of this final order. It is absolutely unacceptable that a software that does not cost Newegg anything would be so difficult to attain. Nvidia video cards much lower than mine are eligible for this software and per Nvidia's promotion, all cards above a specific series are eligible. I purchased not one, but THREE of their top of the line flagship cards! And to suggest to call EVGA or Nvidia regarding this matter is unacceptable as these were not purchased from them. And certainly, they will say the same and suggest to call the authorized retailer (Newegg). It is evident that Newegg is not complying with manufacturer's advertised and outlined promotion. If you were to research Nvidia's website regarding this promotion and where to purchase the bundle, Newegg is listed as an authorized retailer. If this is the case, either Nvidia is falsely advertising or Newegg is failing to comply. Nonetheless, I will go ahead and call your RMA department now and return all items. I will purchase directly from EVGA instead. Sent from my iPhone" This is unacceptable for many reasons and on many levels.
1. Nvidia is in agreement with Newegg and vice-versa in the compliance and fulfillment of this promotion!
2. I invested $3,300 and am rightfully owed software per the appropriate terms and conditions!
3. THE SOFTWARE DOES NOT COST NEWEGG ANYTHING! IT IS PROVIDED BY NVIDIA!
4. I invested in not one, but THREE of Nvidia's flagship video cards and is clearly outlined to be included in the promotion's terms and conditions. If other video cards below the TB:SS in class, series and price are eligible and include the promotional offer, why is the TB:SS not included?
5. I provided proof via Nvidia (technology supplier) and EVGA (board partner and supplier to Newegg)!
6. To suggest calling EVGA and/or Nvidia regarding this matter is ludicrous! It is the equivalent of recommending me to go to Best Buy for an item purchased at Target!
7. Obviously, this is a matter requiring upper management investigation as Newegg's product page for the TB:SS and perhaps other video cards which are eligible, may not be included by Newegg, thus, require updating and inclusion.
9. I was insulted to the degree that after spending $3,300, to have to fight for free bundled software that cost Newegg nothing, am clearly eligible to receive and was made to feel as though the CSR was doing me a "favor" by obliging to provide two out of the three that are mandated for inclusion per the terms and conditions.
10. I would much rather return all three video cards and invest my money elsewhere with a company (EVGA) that will comply with clearly outlined promotional terms and conditions.
I understand that some may argue,
"Dude, it is only free software." No, it is not.
It is a matter of principle. Having once worked for many years in retail, I am a firm believer in the statement,
"The customer is king." There are no "IFs, ANDs or BUTs about it." This is more so, in my particular case, after investing $3,300 in a span of three weeks. Also, this problem clearly goes far and beyond my situation and my seemingly unique circumstance. If I am affected by Newegg's error to include this promotion with the TB:SS, then I am certain, there are many others affected as well. In fact, I have read other member's threads here in the EVGA forums of orders with Newegg clearly eligible for the Nvidia Free Daylight Promotion, who have not received their bundled software and whose eligibility has not been fulfilled. Many simply did not bother because they are unwilling to deal with the BS and others are clearly dissatisfied. I did read of one particular member's presence of mind during a recent purchase via Newegg to manually include the promotion after noticing that the promotion was not automatically included in the cart. Apparently, though a price was shown at the promotion's page, when added with an eligible video card in the cart, the promotion's price is changed to FREE within the cart and upon checkout. I have also suggested to some members to contact Newegg regarding this matter as I did.
Initially, I decided to return all three video cards to Newegg, but instead of dealing with the CSR or a representative with the RMA department who may not have the authority or the knowledge regarding this discrepancy, I decided to deal with the RMA supervisor I initially spoke with weeks ago regarding the RMA of the first video card. After multiple attempts and an hour on hold, I did finally get in contact with her. As a supervisor, she oversees many calls and is quite difficult to reach. I explained to her the entire situation, recalling our initial conversation and agreement regarding the first video card to be RMA'ed. I explained the entire proceedings emphasizing particular details including the CSR's unprofessional and insulting reply, my desire at this point to simply return all three video cards and purchase elsewhere, but most importantly, the underlying problem regarding Newegg's lack of full compliance with the promotion. I provided proof of the CSR's reply, relevant links to Nvidia and EVGA regarding the promotional offer which both included the model number of the TB:SS as being eligible for the offer. I explained my discontent of having to essentially "beg and fight" for software that is to be rightfully included with the purchase of select Nvidia video cards. I explained to her that I expect not only a mandatory level of professionalism, but after being essentially insulted after investing $3,300 in three weeks with Newegg and having to "pull teeth" for software that does not cost Newegg a penny, at this point, I expect more than a standard level of professionalism, I required compensation and/or accommodation. Otherwise, I must return all items as an act of principle.
Needless to say, she was severely apologetic. She agreed that the CSRs reply was unacceptable and to suggest dealing with Nvidia and EVGA regarding this matter is non-sense. She explained that it is similar to pushing away a customer by directing the problem to non-responsible parties. It is a way to basically "rid" of a problem that the CSR had no desire to attempt to correct. She confirmed that there is definitely a problem with Newegg's compliance regarding this promotion and assured me that she will investigate and escalate the problem to upper management. I am certain that she would not be happy with having to RMA $3,300 in merchandise, thus, she asked me how she could "compensate" and/or "appease" the situation. I told her, it is not my intention to take business away from Newegg, as I have always had excellent experience with Newegg in the past, but I was in fact dissatisfied and insulted by the service or lack thereof that I received with the previous CSR. I explained to her that I chose to speak with her first about this situation, rather than automatically RMA'ing all of my orders with another representative as I felt this is a larger and more complex problem that imposes an effect and impacts others far beyond the confines of my three orders. Again, in a severely apologetic manner, she continued to thank me for making her aware of this matter and again assured me that she would notify upper management regarding this error with the hopes of updating the affect product pages.
Lastly, I explained to her that I am part of the EVGA forums and that EVGA is Newegg's supplier for the TB:SS. I continued to explain that if EVGA (Newegg's supplier and Nvidia's Board Partner) is compliant with Nvidia's promotion, why is Newegg (Nvidia's Authorized E-Tailer) failing to comply? To this, she had no answer but fully agreed that there exists a severe discrepancy. I explained to her that many others are affected by Newegg's non-compliance with Nvidia's promotion. I explained to her that I would share the proceedings of this experience with Newegg with the EVGA community and that a potential influx of calls from other eligible customers may occur.
My point here is not to stir trouble, but to make a difference in exposing Newegg's lack of compliance regardless of the trouble. Sure, not many would trouble themselves over free software. Unfortunately, this is the innate problem with only thinking and/or caring about oneself. I am the type of individual that tries to think outside of the box. If I am affected by this discrepancy, it is safe to assume that I am not a solitary, isolated incidence.
Thus, with a bit of persistence, much good came out of my situation. She graciously compensated and accommodated me for the troublesome experience and now, the problem has been exposed and escalated for others who may be dealing with the same situation. If you have been affected by Newegg's non-compliance, do not delay, get in contact with Newegg and provide the evidence from Nvidia and EVGA. I TRULY HOPE SOME GOOD FOR OTHERS WILL COME FROM THE TROUBLE! BEST WISHES! MANY THANKS FOR READING! - T3KN1KA -
post edited by IMPORTEKNIKAICR - 2014/04/18 18:56:23