WD x SANDISK BIG HOLIDAY CAMPAIGN Promotion
OFFICIAL RULES
IMPORTANT - READ CAREFULLY. VOID WHERE PROHIBITED. YOUR PARTICIPATION IS SUBJECT TO THE TERMS AND RULES HEREIN, INCLUDING THE INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER, AS APPLICABLE.
SPONSOR: WD x SanDisk Big Holiday Campaign Promotion (“Promotion”) is sponsored by Western Digital (S.E. Asia) Pte. Ltd., 300 Tampines Avenue 5, NTUC Income Tampines Junction, #06-02, Singapore 529653 (“Sponsor” or “WD”). The Promotion Administrator for the Promotion is Add It Up Co., Ltd., 48 Chokchai 4 Soi 44, Chokchai 4 Road, Ladprao, Ladprao, Bangkok 10230 (“Promotion Administrator”).
AGREEMENT TO OFFICIAL RULES: By submitting an Entry to enter the Promotion, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
PROMOTION PERIOD: The Promotion starts at 8:00:01 AM (Thailand time) on 15 December 2023 and ends at 6:00:00 PM (Thailand time) on 10 March 2023 (“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.
ELIGIBILITY: To be eligible to submit an entry for the Promotion (“Entry” or “User Generated Content”) on the Promotion website located at https://westerndigital.com/th-th/promo/wd-sandisk-lucky-trip (“Website”), a participant (“participant”, “entrant”, “you”) must be a legal resident of the Kingdom of Thailand over the age of 20 and have reached the age of majority in the jurisdiction in which they reside as of the date of Entry. Promotion entrants must be the authorized account holder of the e-mail address 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”). 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. You are responsible for any and all such charges and should consult your service providers regarding their pricing plans.
HOW TO ENTER: To enter the Promotion, during the Promotion Period, a participant must: (i) purchase a new WD external hard drive (any model) OR a SanDisk product (any model) (“Qualifying Product”); and (ii) fill out and submit an entry form at https://westerndigital.com/th-th/promo/wd-sandisk-lucky-trip with the participant’s contact information, name of store where the Qualifying Product was purchased and other information regarding the purchased Qualifying Product (e.g., invoice number and/or copy, serial number, etc.) (“Entry”). Only one (1) Entry per Qualifying Product is permitted. Submission of more than one (1) Entry per Qualifying Product is prohibited and will result in disqualification. Any entrant who attempts to participate with multiple email addresses, under multiple identities, to enter multiple times in violation of the terms of this Promotion or to interfere with the proper operation of this Promotion, will be disqualified.
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.
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 [within three (3) business days of a Winner Selection Date] via the e-mail address provided on the Entry (“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.
PRIZES: The Winner will receive one (1) Prize.
There will be a total of [1] grand Prize as follows: The Winner’s Prize consists of an international Hokkaido trip package (Japan) valued at THB 100,000 and consists of flight ticket and lodging for 2 persons only. The total value of all prizes in the Promotion is [THB 100,000]. The ARV of the Prizes set forth above represents Sponsor’s reasonable 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. Apart from the Prizes awarded as part of the Promotion, no monetary compensation will be paid for any of your Entries.
All Prizes awarded are non-transferable and cannot be redeemed for cash or credit (in whole or in part). If any Prize is not available, Sponsor reserves the right, at its, sole discretion, to substitute a Prize awarded with a prize of equivalent value for any reason. By accepting a Prize, the Winner agrees to be responsible for all national, regional, federal, state, local or other applicable taxes (and related reporting obligations) associated with acceptance and use of the Prize. It is estimated that participants will be subject to a government tax of 5% of prize value.
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, except to the extent Sponsor provides support for those products manufactured by Sponsor, and then only in accordance with the relevant limited warranty. All prizes offered in this Promotion are subject to the terms and conditions, warranty, and RMA return policies of the relevant manufacturer. Sponsor accepts no responsibility for providing support for prizes other than those products manufactured by Sponsor and only in accordance with the relevant limited warranty.
RELEASE OF LIABILITY: By participating in the Promotion, you (and all of your travel companions, if any) release Promotion Administrator and Sponsor, and their respective subsidiaries, affiliates, partners, employees, directors, officers, agents, advertising agencies, and others associated with the implementation and/or operation of such Promotion (collectively, “Promoters”), from and against any and all injury, loss, damage, or cost (including taxes) caused, arising out of, related to, or claimed to be caused by your participation in such Promotion and/or the acceptance, awarding, receipt, use and/or misuse of any Prize, mode of transportation, lodging or meal establishment related to the Dream Trip Destination, or from any typographical, human or other error in the printing, offering, selection, operation or announcement related to this Promotion. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, each participant agrees that, by entering the Promotion (i) ANY CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING SUCH PROMOTION, BUT IN NO EVENT ATTORNEY'S FEES; AND (III) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN DAMAGES FOR ACTUAL OUT-OF-POCKET EXPENSES. Without limiting the generality of the foregoing, participants agree that Sponsor and Promotion Administrator: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Promotion and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, airline, ship line, train, subway, taxi, bus or limousine company, transportation company, hotel, restaurant, manufacturer, travel agency or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the Prizes provided in connection with the Promotion; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of any of the Promoters, and (4) by any cause, condition or event whatsoever beyond the control of the Promoters. Each participant further agrees to indemnify and hold harmless Promoters from and against any and all liability resulting or arising from the Promotion and to release all rights to bring any claim, action or proceeding against Promoters and hereby acknowledge that Promoters have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to an Prize, including express warranties provided exclusively by a Supplier. Please contact the applicable Supplier directly for any questions, exchanges, warranty or expiry matters for the service(s) they provide.
ADDITIONAL RULES: Sponsor’s decisions will be final in all matters relating to the Promotion and winner eligibility. Your Entry constitutes your consent to participate in this Promotion and your consent for Sponsor to obtain and deliver your name, and email address to Add It Up Co., Ltd. for the purpose of administering this Promotion and for other uses by Sponsor as permitted by these Official Rules and by applicable law. Entries are the property of the Sponsor and will not be acknowledged or returned. By submitting an Entry, entrant agrees to abide by the terms of these Official Rules. Sponsor is not responsible for computer system, phone line, technical, hardware, software or program failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed computer transmission or network connections that are human or technical in nature.
Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled, or illegible Entries/registrations; (ii) errors, omissions, interruptions, deletions, defects, delays in operation or transmission, theft or destruction, or unauthorized access to or alterations of Entry/registration materials, or for technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Promotion. Sponsor reserves the right to: (a) permanently disqualify from the Promotion any person it believes has intentionally violated these Official Rules; and (b) suspend, modify or terminate the Promotion if Sponsor believes, in its sole discretion that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, or integrity of the Promotion. Sponsor reserves the right to disqualify any unauthorized Entries, including, without limitation, multiple Entries from the same person.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
PRIVACY AND PUBLICITY: Any information you submit as part of the Promotion will be used for purposes of the Promotion. Information you submit as part of an Entry will used by Sponsor for purposes of administering the Promotion and for Sponsor to communicate with you about Sponsor’s products and services and is subject to Sponsor’s privacy policy. WD’s privacy policy is available at https://www.westerndigital.com/th-th/legal/privacy-statement. Except where prohibited, participation in the Promotion constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, picture, or image for commercial purposes in any media without further payment or consideration.
BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AGREEMENT
SEVERABILITY. If any provision of these Official Rules is found to be unenforceable, that provision shall be severed with the remainder of the Official Rules remaining in full force and effect.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these 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 Singapore, without giving effect to any choice of law or conflict of law rules. Except where prohibited and in the event that the arbitration or class waiver provisions above are not permitted by law for Disputes, entrants agree that any and all disputes, claims, and causes of action arising out of the Promotion or any prize awarded shall be resolved exclusively by the appropriate court located in Singapore.
WINNERS LIST/OFFICIAL RULES REQUESTS: To receive a list of Winners or a copy of these Official Rules, send a self-addressed, stamped envelope (up to sixty (60) days after the Winner Selection Date) to:
WD x SanDisk Big Holiday Campaign Promotion
c/o Add It Up Co., Ltd.
48 Chokchai 4 Soi 44
Chokchai 4 Road
Ladprao, Ladprao, Bangkok 10230
or send an email requesting such information to info@additup-th.com. Please specify “WD x SanDisk Big Holiday Campaign” Official Rules” or “WD x SanDisk Big Holiday Campaign” Winners List” on the outer envelope or in the subject line of your email.
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