SanDisk Professional Academy Animal Image Competition
TERMS AND CONDITIONS
1. SPONSOR/PROMOTION ADMINISTRATOR
For this Animal Image Competition (“Promotion”), Western Digital Australia Pty Ltd ABN 73 629 122 676, c/o Baker & McKenzie Level 19, 181 William Street Melbourne, Victoria 3000 Australia is the “Sponsor” and The Gap Agency ABN 95 109 717 106, PO Box 218, Darlinghurst, New South Wales 1300 “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.
To be eligible to submit an entry for the Promotion (“Entry” or “User Generated Content”) on the Promotion Website located at <https://sandiskproacademy.com/sandisk-professional-academy-animal-image-competition/> (“Promotion Website”), a participant (“participant”, “entrant”, “you”) must be a legal resident of Australia aged 18 years or over, have reached the age of majority in the jurisdiction in which they reside as of the date of 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”) or grand prize (“Grand 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.
3. PROMOTION PERIOD
The Promotion shall commence at 12:01 am AEDT on 7 February 2023 and shall continue in effect until 11:59 pm AEDT on 7 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.
4. PROMOTION PROCEDURES
To enter the Promotion, a participant must, during the Promotion Period:
(i) be an existing member or register as a member of SanDisk Professional Academy https://sandiskproacademy.com/sign-up/ (“Qualifying Member”)
(ii) ensure their profile is up to date with their first name, last name, valid email address, mobile phone number and have agreed to the terms and conditions of the SanDisk Professional Academy website upon registering.
(ii) upload at least one animal image here to showcase on their Member profile on SanDisk Professional Academy. The uploaded image/s will automatically qualify as an entry for this promotion. By uploading image/s the Member acknowledges they own the rights and authority to grant permission to license out such image/s.
Each Entry must comply with these Terms and Conditions. Western Digital reserves the right to reject non-Australian membership registrations from this Promotion.
All entries must be completed in accordance with the entry instructions above. Qualifying members have no limits to the amount of images they can upload to their profile, and each image can be counted as (1) entry for this promotion.
Members of SanDisk Professional Academy must: (a) be over 18 years old; (b) live within Australia; (c) be an existing member or sign up during the promotion period (d) have agreed to the full T&Cs of the SanDisk Professional Academy website available at https://sandiskproacademy.com/terms-and-conditions/ upon registration.
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 03:00 pm AEST on 21 March 2023, The Gap Agency, PO Box 218, Darlinghurst, New South Wales 1300, will notify the winner of the Animal Image Competition that they are eligible for one (1) prize, pending they agree to the subsequent conditions of the promotion.
The Animal Image Competition winner will be judged by Australia’s leading Animal photographer Alex Cearns based upon the following criteria:
- i) Creativity,
- ii) Originality and
- ii) Photographic quality (collectively, the “Judging Criteria”).
6. THE WINNER
The Prize Winner will be entitled to receive the relevant Prize outlined below under the condition that they:
- i) own the rights to the image they have uploaded to their Member Profile
- ii) own the authority to grant permission for this image to be promoted on SanDisk Professional Academy website and monthly newsletter. The winner also has the option to license the image to be used in SanDisk social media pages for either commercial or non commercial use at a fee of $150 + GST for a duration of 1 year.
The Prize Winner will be notified within fourteen (14) days of the draw via telephone and email (“Winner Notification”). The Winner has one (1) month to respond to the Winner Notification to confirm their eligibility for a Prize and accept the Prize. Sponsor or Promotion Administrator are not responsible if the Winner does not receive the Winner Notification. If the Winner does not respond to the Winner Notification within one (1) month or cannot otherwise be contacted to confirm their eligibility, the next eligible member will receive the prize. Any new winners will be notified via the Winner Notification method outlined above. The Gap Agency will use reasonable endeavors to deliver the prize/s within 60 days from the date of selection of winners.
a. There will be a total of 1 prize to be won, consisting of the following product:
|Product Name||Product No.||RRP ($AUD)||Prize|
SanDisk Professional G-DRIVE SSD 2TB
1 Prize for 1 Winner
b. The total value of the prize pool in the Promotion is AUD$930.00. Apart from the Prize awarded as part of the Promotion, no monetary compensation will be paid for any of the Entries.
c. The Prize awarded is non-transferable and cannot be redeemed for cash or credit (in whole or in part). If any Prize is not available due to any reasons or is prohibited by law, Sponsor reserves the right, at its sole discretion, to substitute a Prize awarded with a prize of equivalent value, subject to any written directions of a regulatory authority. The Prize will be delivered to the postal address (as applicable and as provided by Winner) within 28 days from the draw date.
d. The prize does not include any and all taxes, fees and contributions under applicable laws (including but not limited to income tax) related to the delivery of Prizes. By accepting a Prize, the Winner agrees to be responsible for all national, regional, federal, central, state, local or other applicable taxes and fees (and related reporting obligations), including possible delivery charges, associated with the acceptance and use of the Prize. The Winner is responsible for any and all other costs and expenses not listed above.
e. If the winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Sponsor, they forfeit the prize and the Sponsor is not obliged to substitute the prize.
f. The Winner may be required to show evidence of age, residence identity or any other proof of eligibility, including proof of being the authorized account holder of the account associated with the winning Entry, and complete and submit a form (the “Prize Verification Form”) within fourteen (14) days from date of Winner Notification, or their Prize may be forfeited. Any non-compliance with these Terms and Conditions in returning any Prize Verification Form will result in the disqualification of such potential Winner and the associated Prize may be awarded to an alternate Winner from among all remaining eligible Entries received. Any failure to deliver the Prize Verification Form or Prize may result in such Prize being forfeited and awarded to an alternate Winner from among all remaining eligible Entries. By signing and returning a Prize Verification Form and/or accepting a Prize, the Winner (to the extent permitted by law) provides permission to Sponsor to use their Entry, inclusive of any name, voice, picture, likeness or persona contained therein, for commercial promotional, advertising and/or publicity purposes in any medium and social websites, known or hereafter invented throughout the world in perpetuity, without further notice or additional compensation.
g. If there is a dispute as to the identity of an entrant or winner, the Sponsor reserves the right, in its sole discretion, to determine the identity of the entrant or winner. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
h. Except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), once the Prize has been delivered to the 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, other than personal injury or death resulting from the Sponsor’s and its affiliates’ negligence, shall be the sole responsibility of the Winner and the Winner shall indemnify and hold harmless Sponsor and its affiliates for any claims therefore. The Prize offered in this Promotion are subject to the terms and conditions, warranty, and return policies of the relevant manufacturer. 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.
8. 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, Western Digital Australia Pty Ltd ABN 73 629 122 676, c/o Baker & McKenzie Level 19, 181 William Street Melbourne, Victoria 3000 Australia (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 New South Wales, Australia. 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 Sponsor’s nominee. 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 New South Wales, Australia.
9. 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 New South Wales, Australia, without giving effect to any choice of law or conflict of law rules.
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).
11. 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.
EXCEPT FOR ANY LIABILITY THAT CANNOT BE EXCLUDED BY LAW (IN WHICH CASE THAT LIABILITY IS LIMITED TO THE MINIMUM ALLOWABLE BY LAW), 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 AN 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.
13. 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 (subject to any directions of a regulatory authority). 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). In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Sponsor will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Sponsor’s decision will be final. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of these rights.
14. USE OF DATA
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.
The Sponsor reserves the right to modify, cancel or terminate these Terms and Conditions or suspend the Promotion in whole or in part, subject to any written directions of a regulatory authority, without prior notice being given.
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