yep, these pictured are OEM white box.  newegg claims they are new, but many of them show signs of use despite being "sealed"
it's pretty YMMV with a chance of the card being DOA/unusable for mining/etc., but for a good price it's a risk worth taking.
just FYI, the warranty is pretty useless.  they don't respond to RMA inquiries and you have to wait 2 hours on the phone to get a rep.