I disagree completely
From The Overclocker magazine, Rule No.1:
All kit must be retail spec and must be on sale by the end of each month.
Did you mis-word the rule? The rule was adjusted to "pre-order" and "following month" AFTER the questionable result was made known (to the public anyway.)
Apparently these boards are now shipping, or a small batch was shipped. Ironically, the only person whos been able to show a shipping receipt is a man who had ES to play with.
Was the inclusion of not released hardware requested in advance of a score, or as an afterthought? Was the clearance given, knowing what the score+ hardware was? Did all the competitors and companies know in advance?
Changing the wording of a rule can change the rule. What you meant to say might not have changed, but how did everyone respond to the first revision of the rule and how did everyone react to the alteration?
Appearances are everything, Nick.