I was able to get this by using the following info.
Toshiba brand, Toshiba satellite model, with the purchase date being 7/1/2012 and got approved. Mind you this info was totally bogus, and they didn't verify the info.
I'm not sure if the product license code for a windows 7 system will be invalidated if you run the upgrade checker and purchase windows 8 so what I plan on doing is running vmware player with a activated windows Vista Business OS to run the upgrade qualification program on.
I'm not sure it's possible to use the upgrade to do a clean install like it was with previous versions. I'll check into this and advise after I get the upgrade downloaded.
It is possible to do a "clean" install on a a system with no OS loaded using the upgrade if you use the usb or iso method.
If you're unable to activate and it is giving you the 0x8007007B error message
"The Software Licensing Service determined that this specified product key can only be used for upgrading, not for clean installation"
here is how you fix it so you can use the upgrade serial key to activate.
Open regedit by pressing Windows-q, entering regedit and selecting the result from the list of hits.
Navigate to HKEY_LOCAL_MACHINE/Software/Microsoft/Windows/CurrentVersion/Setup/OOBE/
Change MediaBootInstall from 1 to 0
Go back to the start screen and enter cmd there.
Right-click Command Prompt and select to run it as administrator.
Type slmgr /rearm on the command line and hit enter.
Reboot Windows now.
Run the activation utility afterwards, enter your product key to activate Windows.
This is pretty much the same method that could be done for vista and for windows 7