Managed to emails to EVGA regarding the thermal pads and BIOS update. This is their reply,
'Any of our cards purchased from our site will have the new Thermal Pads and Vbios update installed to the card. Any cards purchased from retailers may not have them and I would suggest to ask the seller for the original/shipped date since any cards shipped before November 5th will not have them. If that is the case then you can contact us and we will either send them out to you or you can setup an RMa to have the card replaced with one that has them installed.'