NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
The Making Memories Competition (“Promotion”) is sponsored by SanDisk International Ltd. (“Sponsor”). This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook Inc. Participation in the Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements as stated in these Official Rules. Each winner is solely responsible for the payment of any federal, state, or local income taxes that may result from their acceptance and receipt of any prize. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted by law.
1. ELIGIBILITY: The Promotion is open to legal residents of Australia who are over 18 years of age. Employees of Sponsor and their respective affiliates, subsidiaries, agents, advertising and promotional agencies, retailers and distributors, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of any such employees, whether or not related, are not eligible to enter or win. To be eligible to the Promotion you must hold a Facebook ID and have liked the SanDisk AU Facebook page.
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
The Making Memories Competition (“Promotion”) is sponsored by SanDisk International Ltd. (“Sponsor”). This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook Inc. Participation in the Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements as stated in these Official Rules. Each winner is solely responsible for the payment of any federal, state, or local income taxes that may result from their acceptance and receipt of any prize. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted by law.
1. ELIGIBILITY: The Promotion is open to legal residents of Australia who are over 18 years of age. Employees of Sponsor and their respective affiliates, subsidiaries, agents, advertising and promotional agencies, retailers and distributors, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of any such employees, whether or not related, are not eligible to enter or win. To be eligible to the Promotion you must hold a Facebook ID and have liked the SanDisk AU Facebook page.
2. TIMING: The Promotion begins on Thursday, 10th of December 2015 at 6:00PM AEST and ends on Thursday, 31st of December 2015 at 23:59PM AEST (the “Promotion Period”). Sponsor’s computer will be the official time-keeping device for this Promotion.
All dates/times are 2015, AEST
Phases, Timeline, Dates
Entry Submissions
Entrants can submit entries on 10th December 2015 from 6:00PM through 31st December 2015 23:59PM.
Judging
Entries will be judged on
4 January 2016, four days after the Promotion closes in Sydney, NSW, Australia.
Winner Notification via a Facebook Message
The winner will be notified on:
5 January 2016 at 4:00PM via a Facebook message.
Winner Announcement Via Facebook
The winners will be announced on:
5 January 2016 at 5:00PM via the SanDisk AU Facebook page
3. HOW TO ENTER: Visit www.facebook.com/SanDiskAustralia and review the post made on Thursday 10th of December 2015, at 6:00PM. The post will ask participants to ‘caption’ an image with ‘how much money’ is within the ‘grab box’ (as displayed in the photo). Once you have captioned you will be encouraged to tag 5 friends that you would like to share their ‘Memory Making’ package with Sponsor to complete your entry.
1 4. ENTRY REQUIREMENTS: All entries submitted during the Promotion must satisfy the following:
4.1. Your Entry must be original and created by you.
4.2. Your Entry cannot refer to or contain any brand names other than those of Sponsor and cannot be confusingly similar to any third party product names, brand names or trademarks.
4.3. Your Entry cannot contain material that violates or infringes any third party’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes copyright infringement.
4.4. Your Entry cannot contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
4.5. Your Entry cannot contain material that is inappropriate, obscene, indecent, tortuous, offensive, violent, hateful, or defamatory, or that disparages Sponsor or contains any other content otherwise prohibited by or contrary to the laws of the state in which the Entry is created.
4.6. Any Entry that is determined by Sponsor in its sole discretion at any time during the Promotion to violate the Entry Requirements or these Official Rules, or to otherwise be unsuitable, offensive or in poor taste, may be rejected and disqualified.
5. ENTRY CONDITIONS:
5.1. Each participant can only enter once, as the promotion is restricted by one entry per Facebook account user. Entries will only be counted if they are submitted via the “Making Memories Competition” application, which can be accessed via the SanDisk Facebook page throughout the duration of the “Making Memories Competition” promotion. Any attempt by a person to use multiple names or email addresses to enter the Promotion will result in disqualification. Any attempted entry by means except as permitted in these Official Rules is prohibited and will void all submitted entries by that entrant. Sponsor reserves the right to disqualify any entrant that tampers with the entry process.
5.2. All Entrants must (i) have a Facebook account and (ii) have liked the SanDisk AU Facebook page to participate in the Promotion, and both conditions must be met and the Entrant’s Facebook ID must remain functioning throughout the Promotion period. In the event of a dispute as to the identity or eligibility of a potential winner, Sponsor will deem the winning Entry to have been made by the “Authorized Account Holder” of the Facebook account used at the time of entry and he/she must comply with these Official Rules. Authorized Account Holder is defined as the natural person who is assigned to the Facebook account. Internet access is required and normal internet access and usage charges imposed by your online service provider will apply.
6. WINNER SELECTION: The person who guesses the correct amount of money as determined by the SanDisk judges’ wins. Sponsor’s sole obligation to any verified winner of this Promotion is to furnish the winner with prizes as described below. In the circumstance that we have a tie between entrants i.e noting that if there is a tie between 2 or more entrants, Sponsor will ask each entrant a question which must be answered within 24 hours and in 25 words or less. The winner will be judged on the basis of their answer. There will be a total of one(1) winner for the ‘Making Memories’ competition. The winner’s prize package will include:
(1) a SanDisk Connect Wireless Stick 64GB RRP (AUD $146),
(2) $1,000 Voucher for a personal trainer,
(3) a BackBeat Fit Headphone RRP (AUD $159),
(4) $1,000 Credit Card Voucher issued by Visa, and
(5) a voucher to make a customized Surfboard to the value of $800
7. PRIZE RESTRICTIONS:
7.1. Each winner assumes sole responsibility for all costs and expenses associated with prize acceptance and use not explicitly stated herein as being provided, including without limitation, all federal, state and local taxes, including income taxes (if any), fees, and surcharges on the prize. Sponsor will comply with all tax reporting requirements.
7.2. Merchandise prizes carry no warranty other than that offered by the manufacturer and as indicated on the merchandise. All Prizes are provided “as is” with no warranty or guarantee either expressly or implied offered by Sponsor. Sponsor has neither made nor is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical condition or fitness for particular purpose. Depictions of prizes in Promotion-related materials are for illustrative purposes only and may not accurately reflect actual prize provided.
7.3. Each winner must accept prize as described in these Official Rules. If the prize winner is not willing or able to accept prize as described, the Sponsor may, in its sole discretion, disqualify that winner and award the prize to an alternate winner in accordance with the disqualification provisions below. Prizes are not redeemable for cash and prizes may not be transferred or substituted except that Sponsor may substitute a prize, or portion thereof, with a prize of comparable or greater value. Any portion of any prize not accepted or used by any winner is forfeit, and no cash substitute will be offered or permitted.
7.4. Sponsor’s obligations with respect to awarding and delivery of prizes are limited to such as expressly set forth in these Official Rules.
8. PRIZE DELIVERY: Unless otherwise set forth in these Official Rules, prizes
will be mailed or shipped to the winner in accordance with the information supplied to the Sponsor by the winner. Allow up to 4 to 6 weeks after verification of eligibility for prize delivery.
9. WINNER NOTIFICATION, VERIFICATION AND DISQUALIFICATION:
9.1. Winner Notification. The potential winners will be notified on 5 January at 4:00PM via a Facebook message. The potential winner must reply to Sponsor within three (3) months to claim the prize. Winners will be identified by first initial and last name in the winner announcement via Facebook post.
9.2. Winner Verification. Potential winners may be required to provide Sponsor with any or all of the following verification documents within 24 hours of initial notification of such requirements: acceptable identification (valid government issued-photo ID), other proof of eligibility and other legal documents. Potential winners are required to submit proof of age; if under 18 years of age, potential prize winners will be disqualified.
9.3. Winner Disqualification: In the event that (a) any attempted notification or prize delivery to a potential winner is returned as undeliverable, (b) any prize is unclaimed within the required time period, or (c) any potential winner (i) does not reply to the initial notification within the time required, (ii) fails to satisfy any eligibility or verification requirement herein, (iii) declines to accept the prize or to accept the prize as described herein, (iv) or is otherwise determined to be ineligible or not in compliance with these Official Rules for any other reason, Sponsor in its discretion may disqualify that individual and award the prize to an alternate winner as determined by the SanDisk judges. An alternate winner is subject to all eligibility requirements and restrictions of these Official Rules.
10. GENERAL CONDITIONS:
10.1. Sponsor is not responsible for lost, late, incomplete, stolen, delayed, inaccurate, or illegible entries. All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
10.2. Sponsor reserves the right to cancel, terminate or suspend this Promotion or any part of this Promotion should any non-authorized intervention or other cause beyond Sponsor’s control corrupts or impairs the security, administration, fairness or operation of this Promotion as determined by Sponsor in its sole discretion.
10.3. Sponsor reserves the right to correct typographical or clerical errors in any Promotion related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available or claimed, Sponsor reserves the right to award only the stated number of prizes.
10.4. Sponsor reserves the right to prohibit you and any other entrant from participating in the Promotion if, at its sole discretion, Sponsor finds such entrant to be tampering with the entry process or the operation of the Promotion, of if the entrant has repeatedly shown a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner Sponsor determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or Sponsor; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Promotion in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Any failure by Sponsor to enforce any of these Official Rules shall not constitute a waiver of these Official Rules.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. LIMITATION OF LIABILITY & RELEASE: You agree that Sponsor and each of its respective affiliates, subsidiaries, directors, agents, agencies, promoters, officers, employees and related persons (a) are not responsible for entries that for any reason are not received by Sponsor by the deadlines as stated in these Official Rules; (b) are released from any and all liability related to this Promotion and the receipt and use of any prize; and (c) will not be responsible for the inability to select a winner. By participating in the Promotion, you agree to release and hold harmless Sponsor, Facebook Inc. and their respective subsidiaries, affiliates, suppliers, distributors, advertising and promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including but not limited to, personal injury, death, or damage to or loss of property, arising out of your participation in the Promotion, use or misuse by any of the Released Parties of an Entry-related materials or acceptance and use or misuse of any prize.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
12. PUBLICITY: Except where prohibited by law, a winner's acceptance of a prize constitutes permission for Sponsor and its designees to use that winner's name, photograph, likeness, statements, biographical information, voice, address (city and state), Entry and details of winning for advertising, promotion and other purposes, worldwide and in all forms of media, in perpetuity, in any manner, together with other materials, without further compensation or notification to, or permission from, the winner.
13. COLLECTION OF PERSONAL INFORMATION: You agree that any personal information provided to Sponsor or its authorized third parties may be used by Sponsor and its authorized third parties to fulfill prizing and as permitted by Sponsor’s privacy statement available here: http://www.sandisk.com/about-sandisk/privacy-policy.
14. GOVERNING LAW: This Promotion is governed by Australian law and is subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrant and Sponsor in connection with this Promotion shall be governed by and construed in accordance with the laws of Australia, without giving effect to any choice of law or conflict of law rules (whether of Australia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Australia.
15. DISPUTES: By entering the Promotion, you agree 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 legal fees; and (c) under no circumstances will you be permitted to obtain any award for and you hereby waive 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.
16. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
17. WINNERS LIST: For a copy of the winners list, please mail a self-addressed, stamped envelope to: If Making Memories Competition, Attn: SanDisk Social Media Team, Level 39, 2 Park Street Sydney NSW, 2000. Requests for a copy of the winners list must be received by 14 January 2016.
18. SPONSOR: SanDisk International Ltd., The Concourse Building, Airside Business Park, Swords, Co Dublin, Ireland.
SanDisk is a trademark of SanDisk Corporation, registered in the United States and other countries. SanDisk Connect and iXpand are trademarks of SanDisk Corporation.
© 2015 SanDisk Corporation. All rights reserved.
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