SANDISK - MORE STORAGE MORE GOLD CONTEST
TERMS AND CONDITIONS
IMPORTANT - READ CAREFULLY.
The Promotion (defined below) is valid from 12:00 am (IST) of the 4th of September, 2018 till 11:59 pm (IST) of the 2nd of October, 2018 (both days inclusive) (“Promotion Period”) on purchase of the following SanDisk products (“Qualifying Products”) having capacity of 64GB, 128GB, 200GB, 256GB & 400GB:
§ SanDisk iXpand™ Mini Flash Drive
On every purchase made by any individual (“Customer”), who fulfils the eligibility criteria laid down below, of any of the Qualifying Products during the Promotion Period, Customer will stand a chance to win gold coins, as detailed below, by participating in the Promotion, in accordance with these terms and conditions (“Terms and Conditions”).
The promotions for purchasing the Qualifying Products are as follows:
1. On Purchase of Qualifying Product having capacity of 64 GB, Customer will stand a chance to win 1 gram gold coin by participating in the Promotion.
2. On Purchase of Qualifying Product having capacity of 128 GB and more, Customer will stand a chance to win 2 gram Gold Coin by participating in the Promotion.
- The Customer is required to purchase the Qualifying Products only from the below mentioned online portals –
WIN PRIZES VIA ANSWERING QUESTION:
Visit www.sandisk.in/goldoffer and participate in the More Storage, More Gold Contest (“Promotion”). The participating Customer is required to submit an answer (“Entry”) for the question – “What is that one golden memory that you want to save forever and where?” or such other question or subject as provided on the contest page, to stand a chance to win the gold coins in accordance with these terms and conditions. The Customer will also be required to provide mandatory details which include, purchase details and personal details which include first and last name, date of birth, complete address, home phone number, email address, etc., in order for the Sponsor to contact the winners.
The Promotion is open to legal residents of India as permitted by law (except in the state of Tamil Nadu and in other States if prohibited by applicable law) over the age of 18 and who have reached the said age as of the date of purchase of the Qualifying Products. Employees and family members of the Sponsor and the employees and family members of the affiliates of Western Digital (U.K.) Limited (or any company associated with the administration of the Promotion) are not eligible to participate in the Promotion. Each Customer agrees to be bound by these Terms and Conditions and the decision of the Sponsor and/or its agents, including decisions regarding which Customer is awarded a prize. Eligible Customers must comply with all requirements published by the Sponsor in connection with this Promotion from time to time.
In the event of a dispute as to any registration, the authorized account holder of the email address used to register in the Promotion will be deemed to be the registrant or participant. The authorized account holder is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
Each Customer will be eligible to win a maximum of only One (1) prize.
Customers who register the purchase of their Qualifying Products, provide the Entry and other details as mentioned on the Promotion portal will stand a chance to win Daily prizes & Weekly Mega Prizes as mentioned below, at the sole discretion of the Sponsor and/or the Promotion Administrator.
There will be a total of Ten (10) Daily prizes per day for the entirety of the Promotion Period, which will be split between Eight (08) winners (Customers of Qualifying Products having capacity of 64GB) for 1 gram 24K Gold Coin and Two (02) winners (Customers of Qualifying Products having capacity of 128GB and more) of 2 grams 24K Gold Coin. In addition to the daily prizes, there will be One (1) weekly mega prize of 10 grams 24K Gold Coin. There will be a total of only Four (04) Weekly Winners during the Promotion Period.
The schedule for the announcement of weekly shortlisted entries is as below:
I. First week– 11th September, 2018
II. Second week– 18th September, 2018
III. Third week– 25th September, 2018
IV. Fourth week – 03rd October, 2018
It is clarified that the names of the Customers being displayed on the website as the shortlisted entries does not imply or confirm those Customers as the final winners of the respective prizes. The final set of daily and weekly winners shall be announced on 15th October 2018, post validation of their purchase of the Qualifying Products.
Prizes may be reported, as income to the winner and the winner shall be responsible for payment and reporting of all applicable taxes associated with the receipt of a prize arising from the Promotion.
If a prize becomes unavailable due to any reasons or is prohibited by law, Sponsor may at its sole discretion award a substitute prize of equal or similar value, subject to any applicable laws or written directions made under applicable legislation. The winning Customers accept responsibility for all national, regional, federal, central, state and local taxes and fees, including possible delivery charges, in connection with receipt and use of the prizes. Apart from the prizes awarded as part of the Promotion, no monetary compensation will be paid for any of the Customers’ Promotion submissions.
All prizes offered in this Promotion are subject to the terms and conditions, warranty, and 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. Sponsor accepts no responsibility for any variation in a prize or prize values. 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, and merchantability, fitness for a particular purpose or suitability for use.
No component of a prize can be transferred or redeemed for cash.
JUDGING: Sponsor and Momentum Communications India Pvt. Ltd (“Promotion Administrator”), and its panel of judges will review, judge and select top answers out of the Entries received during the Promotion Period as the winners of the daily and weekly prizes. All eligible answers submitted will be individually judged by the Sponsor, Promotion Administrator and its panel of judges in their sole discretion. Judging criteria will be based on the innovation and creativity used to write the answers as determined by the Sponsor, Promotion Administrator and its panel of judges. If Sponsor, Promotion Administrator and its panel of judges finds multiple winning Entries with the same answer, Sponsor, Promotion Administrator and its panel of judges may use a random draw to determine any “ties”. Entries shall be the property of the Sponsor and will not be acknowledged or returned. Decisions of the Sponsor, Promotion Administrator and its panel of judges are final and binding to each Customer who enters the Promotion and no correspondence will be entertained with any Customer regarding such decision of winners.
By uploading a Entry, each Customer represents and warrants that the Entry:
i. is the Customer’s own original work;
ii. does not infringe upon any copyright, invade any right of privacy or publicity, contain any defamatory, libelous or slanderous material, or violate any other right of any person or entity, and is not otherwise contrary to any law; and
iii. is not offensive or illegal content, including without limitation, any Entry that is libellous, slanderous or defamatory, or propagate "hate" messages of any entity or person, or which contains obscene or pornographic material.
Each Customer agrees that if any of the foregoing representations are untrue, in whole or in part, such Customer may be required to indemnify and hold the Sponsor, including its affiliates and subsidiaries, Promotion Administrator and panel of judges, harmless from and against any costs, liabilities, losses, damages, and expenses (including, without limitation, legal fees) arising out of or in connection with any claim or allegation that the representations above are untrue.
By submitting the Entry, each Customer hereby unconditionally grants to the Sponsor, including its affiliates and subsidiaries, a perpetual, worldwide, royalty-free, irrevocable, transferable, non-exclusive license to use, modify, reproduce, display, distribute, and otherwise exploit (in any manner whatsoever) such Entry. The foregoing license grant is not contingent upon anything.
There will be a total of Two Hundred and Ninety (290) Winners of Daily Prizes (Two Hundred and Thirty Two (232) winners of 1 gram 24k gold coin and Fifty Eight (58) winners of 2 grams of 24K gold coin) and Four (04) Winners for Weekly Mega Prizes (Four (4) winners of 10 grams of 24K gold coin). Winners will be notified via telephone through the number provided during registration for the Promotion. Winners will be announced on www.sandisk.in/goldoffer on 15th October 2018. 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 at the Sponsor’s discretion. Prizes will be delivered in 4-6 weeks’ time from the end of the Promotion Period. Any prize notification or prize returned as undeliverable will be forfeited and awarded to an alternate winner, at the sole discretion of the Sponsor. 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 arising thereof. The winner is responsible for any and all other costs and expenses in relation to the prize.
INTELLECTUAL PROPERTY RIGHTS:
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.
All rights in the trademarks and logos which are not owned by the Sponsor, as displayed on the contest site, belong to their respective owners and Sponsor does not claim any rights to the same.
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 Customer for any damage, loss, or liability, cause 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 Promotion. The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend part or all of this Promotion. The Sponsor reserves the right, in its sole discretion, to disqualify any Customer that the Sponsor reasonably believes to have tampered with the operation of the Promotion (or who is otherwise found to be acting in violation of these Terms and Conditions). Except where prohibited, Customer agrees that any and all disputes, claims, and cause of action arising out of the Promotion or any prize awarded shall be resolved individually. 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, Customer, 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 data which may damage a Customer’s system or limit an Customer’s ability to participate in the Promotion. The information you provide will only be used for marketing and/or promotional purposes, as the Sponsor deems fit.
Disputes. Customer agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (c) under no circumstances will any Customer be permitted to obtain any award for and Customer 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 for actual out-of-pocket expenses.
Arbitration. In the event of a dispute or difference arising out of the Promotion, the same shall be referred to arbitration with a single arbitrator appointed by the Sponsor. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996, and concurrent Rules thereunder. The venue of arbitration shall be Delhi and shall be conducted in the English language. The decision of the single arbitrator shall be binding upon the parties hereto.
CHOICE OF LAW:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Customer’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with laws of India without giving effect to any choice of law or conflict of law rules.
By entering the Promotion, Customer unconditionally agrees and expressly consents that, except where prohibited, the Sponsor may use each Customer’s name and likeness for publicity purposes (including, without limitation, advertising or internet usage) without compensation. As a condition of accepting a prize, the winner must sign any and all legal documentation as and in the form required by the Sponsor and/or prize manufacturer in their absolute discretion, including but not limited to a legal release and indemnity form, amongst others. Failure to do so may result in forfeiture of the Prize at the sole discretion of the Sponsor.
USE OF DATA:
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/PROMOTION ADMINISTRATOR: For all purposes of communication, the Sponsor for this Promotion is Western Digital U.K.) Limited, Hamilton House, Regent Park, Kingston Road, Leatherhead, Surrey, KT227PL – United Kingdom. The Sponsor will be assisted by Momentum Communications India Pvt. Ltd., 1st Floor, 122, Vipul Agora, M.G. Road, Gurgaon 122002, Haryana – India who is the Promotion Administrator for all related activity and process in connection with the Promotion.