https://www.facebook.com/WDAustralia/photos/a.152674688085613.33990.137782219574860/1092498707436535/?type=1
WD
Grab one 1 of 50 WD Travel Packs that include 1 Selfie Stick and 1 Mobile Power Bank. First, visit the WD 'Beyond The Digital Journey' Travel promotion website (
http://www.wdc.com/travelau/) to check which drives are eligible. Then submit your entries at
http://bit.ly/1IxMT0p by telling us,
in 25 words or less, which WD Internal hard drive, featured in the promotion, best suits your working environment and why. The top 50 most creative answers gets a pack!
WD® Australia Travel Promotion Facebook Contest
Terms and Conditions
IMPORTANT - READ CAREFULLY. No purchase is necessary to enter or win. A purchase will not increase your chances of winning. Void where prohibited. This Contest is in no way sponsored, endorsed, or administered by, or associated with Facebook. BY SUBMITTING AN ENTRY, YOUR ENTRY MATERIALS, AS DEFINED BELOW, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS. YOUR PARTICIPATION IS SUBJECT TO THE TERMS AND RULES HEREIN, INCLUDING THE INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AGREEMENT (THE “ARBITRATION AGREEMENT”), AND OTHER TERMS AS APPLICABLE. THE ARBITRATION AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR A JURY TRIAL FOR CERTAIN DISPUTES.
CONTEST PROCEDURES: To enter the Travel Promotion Facebook Contest (“Contest”), a participant must (i) visit the WD Australia Facebook website (located at
https://www.facebook.com/WDAustralia (“Website”); and (ii) click on the Contest link located on the Website and follow the instructions to submit an entry (i.e. enter your name, email address, and answer the following question in 25 words or less: “Which WD Internal hard drive, featured in the WD Travel promotion, best suits your working environment and why?” (such message, “User Generated Content”). Each ‘User Generated Content’ must correctly reference an eligible WD drive as featured in the ‘Beyond the Digital Journey with WD’ promotion found at
http://www.wdc.com/travelau/. Eligible drives are limited to WD Blue, WD Green, WD Black, WD Red, WD Red Pro and WD Purple only. By submitting an entry, participants hereby agree to these Terms and Conditions and the rules outlined in the competition. Each participant that submits more than (1) entry will be disqualified from the Contest. All entrants must have access to the Internet in order to participate. Normal Internet, phone and usage charges imposed by your online or phone service may apply. If you post updates to or receive updates from Facebook via SMS from your wireless phone, your wireless-service provider may charge for each text message sent and received. Please consult your wireless-service provider regarding its pricing plans.
JUDGING: The Sponsor and its panel of judges will review, judge and select fifty (50) winners (individually, a “Winner and collectively, “Winners”) for this Contest based on the creativity, quality of writing and uniqueness of an eligible participant’s User Generated Content, as determined by the Sponsor in its sole discretion. The eligible participants that submit the top fifty (50) best User Generated Content based on the foregoing criteria will be entitled to receive a prize (referred to as the “Prize”) as further described below. This is a game of skill. Chance plays no part in determining the Winners. Each entry will be individually judged based on literary and creative merit by the Sponsor and its panel of judges. Decisions of the Sponsor and its panel of judges are final and will be binding on each person who enters the Contest and no correspondence will be entered into.
NO PURCHASE NECESSARY: No purchase is necessary to enter or win the Contest. A purchase will not increase a participant’s chances of winning. Use of automated devices is prohibited. The Contest shall commence at 12:01 pm (AEDST) on 10 July, 2015 and shall continue in effect until 11:59pm (AEDST) on 30 July 2015 (“Contest Period”). Any entry received after the expiry of the Contest Period will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries. Any entry received after the expiry of the Contest Period will be deemed invalid.
ELIGIBILITY: The Contest is open to legal residents of Australia over the age of 18 as of the date of entry. Individuals employed by Western Digital (S.E. Asia) Pte. Ltd., or its affiliates or any company associated with the administration of the Contest, are not eligible. Void where prohibited or restricted. Each entry must be entered in accordance with these Terms and Conditions. By entering this Contest, participants agree to be bound by these Terms and Conditions and the decisions of the Sponsor and/or its agents, including decisions regarding which participant is awarded a prize. Eligible participants must comply with all entrance requirements published by the Sponsor in connection with this Contest.
POSTS: Sponsor reserves the right to monitor User Generated Content prior to posting on Sponsor’s website or social media platforms, including but not limited to Facebook. By entering, you acknowledge that your User Generated Content may be posted at Sponsor’s website or on social media platforms, including but not limited to Facebook in Sponsor’s sole discretion. Sponsor has no obligation to use or post any entry you submit. Entries posted are the views/opinions of the individual entrant and do not reflect the views of Sponsor in any manner. By uploading User Generated Content, each participant certifies that the User Generated Content does not infringe any third party’s rights or otherwise violate any law, including publicity or privacy rights, and each participant certifies that he/she (i) is the sole owner of the User Generated Content or (ii) has obtained all necessary consents to upload the User Generated Content. Participants shall not upload any User Generated Content that includes offensive or illegal content, including without limitation, any User Generated Content that is libellous, slanderous or defamatory of any entity or person, or which contains obscene or pornographic material. Each participant agrees that if any of the foregoing representations are untrue, in whole or in part, such participant may be required to indemnify and hold the Sponsor, including its affiliates and subsidiaries, harmless from and against any costs, liabilities, losses, damages, and expenses (including, without limitation, attorneys’ fees) arising out of or in connection with any claim or allegation that, if true, would be a breach of the representations above.
By uploading User Generated Content, each entrant hereby grants to the Sponsor, including its affiliates and subsidiaries, a perpetual, royalty-free, irrevocable, non-exclusive license to use, modify, reproduce, display, distribute, and otherwise exploit (in any manner whatsoever) such User Generated Content. The foregoing license grant is not contingent upon anything.
INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE: Sponsor retains all ownership rights, title and interest in its intellectual property, including its trademarks, logos, trade dress, brand and copyrights. Any and all goodwill generated by use of Sponsor’s intellectual property will inure to the benefit of Sponsor.
Entrant is granted a limited, fully revocable right to use Sponsor’s trademarks and copyrights solely for the purpose of participating in this Contest, which right to use shall expire upon the termination of this Contest. Entrant agrees not to modify or otherwise distort Sponsor’s trademarks and logos.
PRIZES: The Winners will be announced on 7 August, 2015 online at
http://news.gapmarketing.com.au/em/message/email/view.php?id=1066520&u=31559The “PRIZE” Winners will be entitled to receive one (1) WD Branded Power Bank (approximate value of AUD$19.95) and one (1) WD Branded Selfie Stick (approximate value of AUD$19.95), The aggregate approximate retail value of each "Prize" is AUD$39.90.
The aggregate approximate retail value of all prizes being given out in this contest is AUD$1995.
All prizes offered in this contest are subject to the terms and conditions, warranty and RMA return policies of their respective manufacturers. The Sponsor accepts no responsibility for providing support for prizes other than those products manufactured by the Sponsor and only in accordance with the relevant limited warranty.
The Sponsor accepts no responsibility for any variation in a prize or prize values. No component of a prize can be transferred or redeemed for cash. A Winner may be required to sign a Statement of Eligibility and Liability/Publicity Release (or similar form), or the applicable prizes may be forfeited and an alternate winner selected. In the event that any of the prizes become unavailable, the Sponsor reserves the right to provide a similar product of the same or greater value as the original prize, subject to any applicable laws or written directions made under applicable legislation. The approximate values of the each prize set forth above represents Sponsor’s good faith determination of the retail value thereof, and the actual fair market values, as ultimately determined by Sponsor, are final and binding and cannot be challenged or appealed. Sponsor has made no warranty or guarantee in whole or in part, express or implied, in fact or in law, in relation to the use of any prize including, but not limited to, its quality, merchantability, fitness for a particular purpose or suitability for use.
THE WINNERS: The Winners will be notified via email. If a Winner cannot be contacted or fails to confirm his/her eligibility and mailing address within seventy-two (72) hours of notification, an alternate winner may be selected from the remaining eligible entries. Any prize notification or prize returned as undeliverable will be forfeited and awarded to an alternate winner. The Winners are responsible for all applicable taxes (national, regional, federal, state, local, provincial and/or foreign) and related reporting obligations, associated with acceptance and use of a prize. For the First Prize winner, a Statement of Eligibility and Liability/Publicity Release, provided by the contest administrator, must be signed and returned to confirm eligibility to receive the prize. Failure to sign the Statement of Eligibility and Liability/Publicity Release will result in forfeit of the prize and another winner will be selected. Once a prize has been delivered to a Winner, all liability for any loss or damage, including any property damage, personal injury, or death to the Winner or any third party arising from the use of any prize awarded shall be the sole responsibility of the Winner and the Winner shall indemnify and hold harmless the Sponsor and its affiliates for any claims therefore. The Winner is responsible for any and all other costs and expenses not listed above. Prizes may be reported as income to the Winner and Winner will be responsible for payment and reporting of all applicable taxes associated with the receipt of a prize. The name of the prize winners and the city/town/suburb in which they live will be published at
http://news.gapmarketing.com.au/em/message/email/view.php?id=1066520&u=31559on 7 August, 2015 and the winners will be notified via the email address provided during registration.
LIABILITY: The Sponsor and their affiliates and subsidiaries, and all respective officers, directors, employees, representatives, and agents of each, shall have no liability and shall be held harmless by entrants for any damage, loss, or liability, causes of action, claims, suits, demands and rights of whatever kind and nature whether in law or in equity, arising out of or in connection with the Contest. The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend part or all of this Contest should an unauthorized human intervention or any other cause beyond the control of the Sponsor corrupt or impair the administration, security, fairness, or proper play of the Contest. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant that the Sponsor reasonably believes to have tampered with the entry process or with the operation of the Contest (or who is otherwise found to be acting in violation of these Terms and Conditions). Except where prohibited, entrants agree that any and all disputes, claims, and causes of action arising out of the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Orange County, California, U.S.A. All issues concerning the Contest, these Terms and Conditions, or an entrant’s rights and obligations shall be governed by the laws of the State of California, U.S.A., without giving effect to any choice of law or conflict of law rules. The Sponsor is not responsible for technical, hardware, software or other failures of any kind, lost, interrupted or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by the Sponsor, users, or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of entries which may damage a user’s system or limit an entrant’s ability to participate in the Contest. The information you provide will only be used for marketing and/or promotional purposes.
BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AGREEMENT:
a. Disputes. The terms of this Arbitration Agreement shall apply to all Disputes between you and Western Digital Technologies, Inc. and its affiliates (collectively, “WDT”). For the purposes of this Arbitration Agreement and subject to the exclusions provided in this Section a., “Dispute” shall mean any dispute, claim, or action between you and WDT arising under or relating to all WDT products and services, including without limitation hardware and software products, this Arbitration Agreement, or other transaction involving you and WDT, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND WDT AGREE THAT “DISPUTE” AS DEFINED IN THIS ARBITRATION AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION CONCERNING THE ENFORCEMENT OR VALIDITY OF YOUR, WDT’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS, INCLUDING CLAIMS OF (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT AND MISUSE, AND (D) TRADEMARK INFRINGEMENT AND DILUTION.
b. Binding Arbitration. You and WDT further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions herein; (b) this Arbitration Agreement memorializes a transaction in interstate commerce; and (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is pending only in that court. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
c. Dispute Notice. In the event of a Dispute, you or WDT must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to WDT must be addressed to: Western Digital Technologies, Inc., ATTN: Legal Department, 3355 Michelson Drive, Suite 100, Irvine, CA 92612, U.S.A. (the “WDT Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If WDT and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or WDT may commence an arbitration proceeding pursuant to this Arbitration Agreement. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
d. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND WDT AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, CLASS ARBITRATIONS, OR PRIVATE ATTORNEY GENERAL ACTIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS ARBITRATION AGREEMENT, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
e. Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at
www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Arbitration Agreement. If there is a conflict between the JAMS Rules and the rules set forth in this Arbitration Agreement, the rules set forth in this Arbitration Agreement shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Arbitration Agreement. With the exception of issues relating to the enforceability of the arbitration provision, all issues related to this Arbitration Agreement, including the Arbitration Agreement’s scope and the arbitrability of a Dispute, are for the arbitrator to decide. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option.
(i) Initiation of Arbitration Proceeding. If either you or WDT decide to arbitrate a Dispute, we agree to the following procedure:
(A) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at
www.jamsadr.com (“Demand for Arbitration”).
(B) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
JAMS
500 North State College Blvd., Suite 600
Orange, CA 92868, U.S.A.
(C) Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
(ii) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by WDT or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WDT is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(iii) Arbitration Fees. WDT shall pay, or (if applicable) reimburse you for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or WDT) pursuant to provisions of this Arbitration Agreement.
(iv) Award in Your Favor. For Disputes in which you or we seek $75,000 or less in damages, exclusive of attorney’s fees and costs, if the arbitrator’s decision results in an award to you in an amount greater than WDT’s last written offer, if any, to settle the Dispute, WDT will: (A) pay you $1,000 or the amount of the award, whichever is greater; (B) pay you twice the amount of your reasonable attorney’s fees, if any; and (C) reimburse you for any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing the Dispute in arbitration. Except as agreed upon by you and WDT in writing, the arbitrator shall determine the amount of fees, costs, and expenses to be paid by WDT pursuant to this Section.
(v) Attorney’s Fees. WDT will not seek its attorney’s fees and expenses for any arbitration commenced involving a Dispute under this Arbitration Agreement. Your right to attorney’s fees and expenses under Section 5(d) above does not limit your rights to attorney’s fees and expenses under applicable law; notwithstanding the foregoing, the arbitrator may not award duplicative awards of attorney’s fees and expenses.
(vi) Opt-out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Arbitration Agreement by sending a written letter to the WDT Notice Address within thirty (30) days of your assent to this Arbitration Agreement (including the purchase, download, installation or other use of WDT products and services) that specifies (A) your name, (B) your mailing address, and (C) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Arbitration Agreement. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide pre-dispute notification.
f. Severability. If any provision in this Arbitration Agreement is found to be unenforceable, that provision shall be severed with the remainder of this Arbitration Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions as provided in Section (d); if Section (d) is found to be unenforceable, this entire Arbitration Agreement shall be null and void.
Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these [Promotion] Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the [Promotion], shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules.
CONSENT: By entering the Contest, entrants agree that, and expressly consent that, except where prohibited, the Sponsor may use each entrant’s name and likeness for publicity purposes (including, without limitation, advertising or internet usage) without compensation.
USE OF DATA: The Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor's privacy policy at
http://wdc.com/en/company/corporateinfo/privacy.aspx. By participating in this Contest, entrants hereby agree (i) to the Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted the Sponsor’s privacy policy and (ii) to allow the Sponsor to periodically send notification of special offers and promotions via e-mail. If at any time you decide that you do not wish to be contacted further about special promotions via e-mail, follow the instructions in the e-mail. If you are located outside the United States, please note that your personal information may be transferred, stored and processed within the United States. The data protection laws in the United States may not be as comprehensive as those in your country. By entering this Contest, you are consenting to the transfer of your personal information to facilities located in the United States and other facility locations selected by the Sponsor. You are responsible for your use of Facebook services, for any content (e.g. photos or caption) you post, and for any consequences thereof. The content you submit, post, or display will be able to be viewed by other users of Facebook services and through third party services and websites. You should only provide content that you are comfortable sharing with others under these terms. You are providing your information to the Sponsor and not to Facebook. The information you provide will only be used for marketing and/or promotional purposes.
SEVERABILITY: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect (1) the validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions; or (2) the validity or enforceability in other jurisdictions of that or any other provision of these Terms and Conditions.
SPONSOR/CONTEST ADMINISTRATOR: Sponsor is Western Digital (S.E. Asia) Pte. Ltd., 300 Tampines Avenue 5, NTUC Income Tampines Junction, #06-02, Singapore 529653, and the contest administrator is Gap Marketing and Management Pty., Level 10, 263 Clarence Street, Sydney, NSW 2000 Australia.
