1. SPONSOR/PROMOTION ADMINISTRATOR: For this The WD_BLACK Mechanic Treasure Hunt (“Promotion”), Western Digital (S.E. Asia) Pte. Ltd., 9 Tampines Grande #04-22, Singapore 528735 is the “Sponsor”, and E-Stars Nation, 25-1, Jalan Equine 1E, Taman Equine, 43300 Seri Kembangan, Selangor Darul Ehsan is the “Promotion Administrator.” This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. By entering the Promotion, each entrant waives, discharges and releases Facebook, Twitter and Instagram from any and all liability associated with the Promotion. Any questions, comments or complaints regarding the Promotion must be directed to Sponsor and not to Facebook, Twitter or Instagram.
2. ELIGIBILITY: To be eligible to submit an entry for the Promotion (“Entry” or “User Generated Content”) on the Promotion website located at https://www.facebook.com/WDMalaysia (“Website”), a participant (“participant”, “entrant”, “you”) must be a legal resident of Malaysia over the age of 18, have reached the age of majority in the jurisdiction in which they reside as of the date of Entry, and have an active Facebook account. Promotion entrants must be the authorized account holder of the Facebook account used to submit an Entry. Affiliates and employees of Sponsor, Promotion Administrator, or any other company associated with the administration of the Promotion, along with their immediate family members and household members, are not eligible to participate in the Promotion. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Any Entry submitted shall be void where prohibited or restricted in accordance with these Terms and Conditions. By entering this Promotion and submitting an Entry, 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 (“Prize”). No purchase of any Sponsor’s product is necessary to enter this Promotion or win a Prize. A purchase will not increase your chances of winning a Prize. Eligible participants must comply with all entrance requirements published by the Sponsor in connection with this Promotion. 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 provider may apply. If you post updates to or receive updates from Facebook via SMS from your mobile phone, your mobile-service provider may charge for each text message sent and received. You are responsible for any and all such charges and should consult your service providers regarding their pricing plans.
3. PROMOTION PERIOD: The Promotion shall commence at 00:01 am (MYT) on 25 May, 2022 and shall continue in effect until 11:59pm (MYT) on 12 June 2022 (“Promotion Period”). Any Entry received after the expiry of the Promotion Period will be deemed invalid. Sponsor has no responsibility to accept late, lost, delayed, or misdirected Entries. Sponsor's computer is the official time keeping device for this Promotion.
4. PROMOTION PROCEDURES: To enter the Promotion, a participant must (i) follow the instructions/comments on the contest post, hosted on the WD Malaysia Facebook page; and (ii) to submit an Entry (which may include submission of your name, email address, and a comment, photo and/or hashtag) to https://forms.gle/ewRzTaypo5LqPwEcA. Each Entry must comply with these Terms and Conditions. Each participant may only submit one (1) Entry and shall only be eligible to win one (1) Prize in this Promotion. Participants submitting more than one (1) Entry may be disqualified, at Sponsor’s sole discretion, from the Promotion. Incomplete, unreadable, inaccurate, unintelligible, duplicate or late Entries which otherwise do not comply with these Terms and Conditions will also be disqualified.
5. WINNER SELECTION: Decisions of the Sponsor and the Promotion Administrator are final and binding to each person who enters the Promotion, and no correspondence will be entertained. On or about 19th June 2022, the Sponsor, or the Promotion Administrator on Sponsor’s behalf, will conduct a random drawing to select three “3” winners from amongst the participants who have submitted an eligible Entry (each individually, a “Winner” and collectively, “Winners”). All eligible Entries submitted will be individually judged by the Sponsor and Promotion Administrator, at their sole discretion. Judging criteria will be based on the innovation, uniqueness, and creativity used to write the Entry as determined by the Sponsor. In case there is a tie, the Winner will be the entrant who submitted the Entry first.
7. THE WINNERS: The Winners will be entitled to receive a Prize in relation to their winning order, as determined by Sponsor and Promotion Administrator. The Winners will be notified on or about 20th June 2022 via private message through Facebook or on the contest post (“Winner Notification”). Each Winner has seventy-two (72) hours to respond to the Winner Notification to confirm their eligibility for a Prize. Sponsor or Promotion Administrator are not responsible if a Winner does not receive the Winner Notification. If a Winner does not respond to the Winner Notification within seventy-two (72) hours or cannot otherwise be contacted to confirm their eligibility, an alternate winner may be selected from the remaining eligible Entries at the Sponsor’s discretion.
8. PRIZES: Each Winner will receive one (1) Prize.
9. REQUESTS FOR TERMS AND CONDITIONS / WINNERS LIST: To receive a list of Winners (available after the end of the Promotion Period) or a copy of these Terms and Conditions, you may send an e-mail within ninety (90) days from the end of the Promotion Period to: email@example.com, with the subject line of: The WD_BLACK Mechanic Tresure Hunt. Please specify “Terms and Conditions” or “Winners List” in the body of the e-mail.
10. DISPUTE RESOLUTION:
If any dispute arises with Sponsor under or in relation to this Agreement, you or Sponsor 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 Sponsor must be addressed to Sponsor at: ATTN: Legal Department, 8 Kaki Bukit Avenue 1, #04-06, Singapore 417941 (the “Notice Address”). The Dispute Notice to you will be sent by e-mail or certified mail (if available) to the most recent address we have on file or otherwise in our records for you. Following submission and receipt of the Dispute Notice, each of the parties agrees to act in good faith to seek to resolve the dispute before commencing legal proceedings.
If both parties do not reach an agreement to resolve the dispute within sixty (60) days after the Dispute Notice is received, the dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the SIAC Rules for the time being in force which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one arbitrator to be jointly appointed by the Parties and in the event that the Parties fail to agree on the appointment, by the President of the Court of Arbitration of the SIAC. The language of the arbitration shall be English. Nothing in this clause prevents a party from seeking urgent or similar interim relief from a court of competent jurisdiction and notwithstanding the foregoing, Sponsor may, at its sole discretion, elect to resolve the dispute in the courts of Singapore.
11. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, including your rights and obligations or the rights and obligations of Sponsor, that arise out of or in connection with the Promotion shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice of law or conflict of law rules.
12. CONSENT: By entering the Promotion, entrants agree and expressly consent that, except where prohibited by applicable law, the Sponsor may use each entrant’s name, likeness, and city/state/country for publicity purposes (including, without limitation, advertising or internet usage, including posting a list of winners) without compensation. These Terms and Conditions shall be written and agreed upon in the English language. Any translation into any other language shall not be an official version thereof, and in the event of any conflict in interpretation between the English version and such translation, the English version shall prevail (to the extent permitted by applicable law).
13. 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 Promotion, which right to use shall expire upon the termination of this Promotion. User agrees not to modify or otherwise distort Sponsor’s trademarks and logos.
14. LIABILITY: THE SPONSOR AND THEIR AFFILIATES AND SUBSIDIARIES, AND ALL RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH, SHALL HAVE NO LIABILITY TOWARDS ENTRANTS 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 INCURRED BY ENTRANTS, ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION. ENTRANT AGREES THAT UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER SPECIAL DAMAGES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. THIS CLAUSE IS APPLICABLE TO THE EXTENT PERMITTED BY LAW. The Sponsor is not responsible for computer system, phone line, technical, hardware, software or other failures of any kind, lost, interrupted or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, typographical or other errors in printing, advertising or other promotional materials, whether caused by the Sponsor, users, or by any of the equipment or programming associated with or utilized in the Promotion 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 Promotion.
15. SUSPENSION / MODIFICATION / TERMINATION: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend part or all of this Promotion 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 Promotion. 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 Promotion (or who is otherwise found to be acting in violation of these Terms and Conditions).
17. SEVERABILITY: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of these Terms and Conditions.
18. AMENDMENTS: The Sponsor reserves the right to modify, cancel or terminate these Terms and Conditions or suspend the Promotion in whole or in part, at their sole discretion, without prior notice being given.
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