2017 DATA HAT-TRICK PROMOTION

TERMS AND CONDITIONS

IMPORTANT - READ CAREFULLY.  NO PURCHASE IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED.  BY SUBMITTING AN ENTRY, YOU UNDERSTAND THAT YOU ARE SUBMITTING YOUR INFORMATION TO SPONSOR AND THAT YOUR ENTRY MATERIALS, AS DEFINED BELOW, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS. YOUR PARTICIPATION IS SUBJECT TO THE TERMS AND RULES HEREIN, INCLUDING THE INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER, AND OTHER TERMS AS APPLICABLE.  THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR A JURY TRIAL FOR CERTAIN DISPUTES.

1. SPONSOR/PROMOTION ADMINISTRATOR: For this 2017 Data Hat-Trick Promotion (“Promotion”), Western Digital Technologies, Inc., 3355 Michelson Drive, Irvine, CA 92612 is the (“Sponsor”).

2. ELIGIBILITY: To be eligible to submit an Entry for the Promotion, a participant (“participant”, “entrant”, “you”) must be a legal resident of the United States over the age of 18 and have reached the age of majority in the jurisdiction in which he/she resides as of the date of entry; and the jurisdiction in which the participant resides must not prohibit participant’s participation in the Promotion. Affiliates and employees of Sponsor, Promotion Administrator, or any other company associated with the administration of the Promotion, along with their immediate families 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. Void where prohibited or restricted. 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. 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 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 about 12:00 pm (PDT) on April 10, 2017 and shall continue in effect until 12:00pm (PDT) on April 20, 2017 (“Promotion Period”). Any entry received after the end 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) visit the following page: https://www.surveymonkey.com/r/Q8BGBLK (“Promo Page”); (ii) complete the entry form, which includes submission of your name, address, email address, and the answers to three questions; and (iii) have selected the correct answers for the three questions (“Entry”). 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 from the Promotion, at Sponsor’s sole discretion. Incomplete, unreadable, inaccurate, unintelligible, duplicate, or late Entries which otherwise do not comply with these Terms and Conditions will also be disqualified.

5. THIS SECTION IS INTENTIONALLY OMITTED.

6. 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 entered into.

On or about April 24, 2017, the Sponsor, or the Promotion Administrator on Sponsor’s behalf, will conduct a random drawing to select fifty (50) winners from amongst the participants that have submitted an eligible Entry (“Winners”). Odds of winning a Prize will depend upon the number of eligible Entries received.

7. THE WINNERS: The Winners will be entitled to receive a Prize (as defined below). The Winners will be notified on or about April 24, 2017 via the e-mail addresses provided with their entries (“Winner Notification”). The Winners have 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, using the same method described above.
8. PRIZES: Each Winner will receive one Prize. All prizes shall collectively be referred to herein as the “Prizes” and individually as a “Prize.”
a.	There will be a total of fifty (50) Prizes as follows: an official NHL commemorative Patrick Marleu/Joe Thornton hockey puck as shown at the Promo Page.
b.	The total approximate retail value (“ARV”), collectively, of all prizes in the Promotion is $ 20.  The ARV of the Prizes set forth above represents Sponsor’s good faith 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.
c.	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 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. Prizes will be delivered in person after the Winner Notification or to a postal address provided by the Winner after the Winner Notification, within 4 to 6 weeks from the end of the Promotion Period.
d.	Prizes do not include any and all taxes, fees and contributions under applicable laws (including but not limited to Value Added Tax and Income Tax) related to the delivery of Prizes. By accepting a Prize, each 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 acceptance and use of the Prize. The Winner is responsible for any and all other costs and expenses not listed above.
e.	Each Winner may be required to show evidence of age, residence or identity, other proof of eligibility, and complete and submit a form (the “Prize Verification Form”) prior to their prize being awarded, or their Prize may be forfeited. Non-compliance in returning any Prize Verification Form will result in disqualification of such potential Winner and the associated Prize may be awarded to an alternate Winner from among all remaining eligible Entries received. By signing and returning a Prize Verification Form and/or accepting a Prize, each Winner (where permitted) 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.
f.	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, 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. All Prizes offered in this Promotion are subject to the terms and conditions, warranty, and RMA 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.
9. REQUESTS FOR TERMS AND CONDITIONS / WINNER: To receive name of the Winner (available after the end of the Promotion Period) or a copy of these Terms and Conditions, send an e-mail to be received within ninety (90) days of the end of the Promotion Period to: support@sandisk.com with the subject line of: 2017 Data Hat-Trick Promotion. Please specify “Terms and Conditions” or “Winners List” in the body of the e-mail.

10. DISPUTES:
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS, YOUR PARTICIPATION IN THE PROMOTION, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS AND CONDITIONS (“CLAIM”), SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes.  The AAA's rules are available at http://www.adr.org/.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.  The arbitration shall be conducted in the English language by a single independent and neutral arbitrator.  For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the County and State of Orange County, CA, or the city within the United States in which you reside.  The decision of the arbitrator shall be final and binding.  Judgment on the arbitral award may be entered in any court of competent jurisdiction.
YOUR AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION.  IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR CENTRAL DISTRICT OF CALIFORNIA (SOUTHERN DIVISION), OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN THE COUNTY AND STATE OF ORANGE COUNTY, CA.  YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, Sponsor may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
11. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, 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 the state of California, without giving effect to any choice of law or conflict of law rules. Except where prohibited and only in the event that the arbitration or class waiver provisions above are not permitted by law, entrants agree that any and all disputes, claims, and causes of action arising out of the Promotion or any prize awarded shall be resolved individually without resort to any form of class action (to the extent permitted by law) and exclusively by the appropriate court located in Orange County, California.
12. CONSENT: By entering the Promotion, each Winner agrees that, and expressly consents that, except where prohibited, the Sponsor may use such Winner’s name, photograph, likeness, statements, Entry, biographical information, voice, address (city/state/country) and details of winning for publicity purposes, including, without limitation, advertising, promotions, posting a list of winners or other usage, in all forms of media (e.g., print and digital (e.g., internet)) worldwide, in perpetuity, in any manner, together with other materials, without further compensation or notification to, or permission from, Winner. 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 control.

14. LIABILITY:

THE SPONSOR AND ITS 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, INCLUDING, BUT NOT LIMITED TO, PARTICIPATION IN THE PROMOTION AND USE OR MISUSE OF A PRIZE. 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, 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.

SOME JURISDICTIONS 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.

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).

16. USE OF DATA: The Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor's privacy policy at https://www.wdc.com/about-wd/legal/privacy-policy.html. By participating in this Promotion, entrants hereby agree: (i) that they have read and accepted the Sponsor’s privacy policy; (ii) to the Sponsor’s collection and usage of their personal information for administering the Promotion, including for the purposes of registering the participants in the Promotion and informing them in the event that they win any Prizes; and (iii) that if you have provided your consent to receive marketing communication, to allow the Sponsor to periodically send notification of Sponsor’s products, services, special offers and promotions via e-mail.  If at any time you decide that you do not wish to be contacted further about special promotions via e-mail, follow the instructions in the e-mail.  If you are located outside the United States, please note that your personal information may be transferred, stored and processed within the United States. The data protection laws in the United States may not be as comprehensive as those in your country. By entering this Promotion, you are consenting to the transfer of your personal information to facilities located in the United States and other facility locations selected by the Sponsor.

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.

©2017 Western Digital Corporation or its affiliates.

Western Digital Technologies, Inc. is the seller of record and licensee in the Americas of SanDisk® products.