WD SSD Sales Incentive Program

Terms and Conditions

IMPORTANT - READ CAREFULLY. YOUR PARTICIPATION IS SUBJECT TO THE TERMS AND RULES HEREIN, INCLUDING THE INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AGREEMENT (THE “ARBITRATION AGREEMENT”), AND OTHER TERMS AS APPLICABLE. THE ARBITRATION AGREEMENT CONTAINS 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. PROMOTION: During WD SSD Sales Incentive Promotion (“Promotion”), sales employees at authorised participating resellers (‘valid participant’) who sell five (5) eligible WD SSD products will receive a $25 electronic gift card. There are a maximum of 500 electronic gift cards available for this promotion. This offer is valid until all electronic gift cards in the promotion are claimed or until the promotion period ends. All claims must be validated before being deemed an eligible entry.
  2. PERIOD: The Promotion shall commence at 12:01 am (AEDST) on 21st November, 2016 and shall continue in effect until either 500 electronic electronic gift cards are claimed or the period reaches 11:59pm (AEDST) on 23rd December, 2016 (“Promotion Period”). All entries must be received by 10 January 2017 at 11:59PM (AEDST) or be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.
  3. ELIGIBILITY:

    Claims can only be made by a valid participant and must include supporting documents showing an eligible sale. A sale will be deemed eligible if it comprises of 1-5 eligible WD Products purchased from an authorised participating reseller within Australia. Multiple invoices can be used to make a single claim. A Participant will be deemed valid if they are a sales employee at an authorised participating reseller.

    Eligible Products include:
    WD Blue PC SSD 2.5”/7mm cased – 250GB, 500GB, 1TB
    WD Green SSD 2.5”/7mm cased – 120GB, 240GB

    Authorised participating resellers include:
    ARC Computers, Austin Technology, Budget PC Pty Ltd, Centre Com Sunshine Pty Ltd, Computer Alliance, CPL Distribution Pty Ltd, IJK International Pty Ltd, JW Computers, Landmark Computers, PC Case Gear, PB Tech, PLE Computers, Scorptec, UMart Online

    All capacities of WD Blue PC SSD M.2 2280 and WD Green SSD M.2 2280 models are not eligible for this promotion.

  4. MAKING A CLAIM:

    To submit a claim, entrants must complete the online redemption form at wdcampaigns.com.au/enter with details including name, phone number, email address and postal address before by 10 January 2017 at 11:59PM (AEDST). You will receive an email confirming that your entry has been received.

    When submitting a claim to the online redemption form, entrants will also need to upload a scan or photograph of any valid supporting documents (sales invoices). To be a considered a valid supporting document, all invoices must clearly show the number of WD Blue SSDs and/or WD Green SSDs sold together with model number, capacity, date purchased and invoice number.

    The Promotion is open to legal residents of Australia over the age of 18 as of the date of submission of the redemption claim. Individuals employed by the Promoter, or its affiliates or any company associated with the administration of the Promotion, are not eligible. Void where prohibited or restricted. Each redemption claim must be submitted in accordance with these Terms and Conditions. By entering this Promotion, participants agree to be bound by these Terms and Conditions and the decisions of Sponsor and/or its agents. Eligible participants must comply with all requirements published by Sponsor in connection with this Promotion. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend part or all of this Promotion should an unauthorised human intervention or any other cause beyond the control of Sponsor corrupt or impair the administration, security, fairness, or proper play of the Promotion. Sponsor reserves the right, in its sole discretion, to disqualify any entrant that Sponsor reasonably believes to have tampered with the redemption claim process or with the operation of the Promotion (or who is otherwise found to be acting in violation of these Terms and Conditions).

  5. REDEMPTION PRIZE:

    This promotion allocates one (1) electronic gift card to the value of $25 for each validated eligible claim.

    The electronic gift cards will be delivered for validated eligible claims within 30 days of the final submission date to valid participants via the email provided at the time of registration.

    All redemption prizes offered in this Promotion are subject to the terms and conditions, warranty and RMA return policies of the issuing electronic gift card company. Sponsor accepts no responsibility for providing support for redemption prizes. WD does not manufacture the electronic gift cards cards being redeemed. Electronic gift cards in this promotion are provided by:

    Giftcard Planet
    Level 1, 500 Chapel St, South Yarra, VIC 3141
    www.edgeloyalty.com.au
    Email: cardorders@edgeloyalty.com.au
    Phone: 1300 079 267

    Sponsor accepts no responsibility for any variation in a redemption prize or prize values. No component of a redemption prize can be transferred or redeemed for cash. A Participants may be required to sign a Statement of Eligibility and Liability/Publicity Release (or similar form), or the applicable redemption prizes may be forfeited. In the event that any of the redemption prizes become unavailable, Sponsor reserves the right to provide a similar product of the same or greater value as the original redemption prize, subject to any applicable laws or written directions made under applicable legislation. The approximate values of the each redemption prize 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. 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 redemption prize including, but not limited to, its quality, merchantability, fitness for a particular purpose or suitability for use.

  6. TAXES: Participants are responsible for all applicable taxes (national, regional, federal, state, local, provincial and/or foreign) and related reporting obligations, if any, associated with acceptance and use of a redemption prize.
  7. LIABILITY: Once a redemption prize has been delivered to a participant, all liability for any loss or damage, including any property damage, personal injury, or death to participants or any third party arising from the use of any redemption prize awarded shall be the sole responsibility of the participant and participant shall indemnify and hold harmless Sponsor and its affiliates for any claims therefore. Participant is responsible for any and all other costs and expenses not listed above. Sponsor and its affiliates and subsidiaries, and all respective officers, directors, employees, representatives, and agents of each, shall have no liability 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, arising out of or in connection with the Promotion. Except where prohibited, 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. 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 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.
  8. BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AGREEMENT:
    1. Disputes. The terms of this Arbitration Agreement shall apply to all Disputes between you and Western Digital Technologies, Inc. and its affiliates (collectively, “WDT”). For the purposes of this Arbitration Agreement and subject to the exclusions provided in this Section a., “Dispute” shall mean any dispute, claim, or action between you and WDT arising under or relating to all WDT products and services, including without limitation hardware and software products, this Arbitration Agreement, or other transaction involving you and WDT, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND WDT AGREE THAT “DISPUTE” AS DEFINED IN THIS ARBITRATION AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION CONCERNING THE ENFORCEMENT OR VALIDITY OF YOUR, WDT’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS, INCLUDING CLAIMS OF
      1. TRADE SECRET MISAPPROPRIATION,
      2. PATENT INFRINGEMENT,
      3. COPYRIGHT INFRINGEMENT AND MISUSE, AND
      4. TRADEMARK INFRINGEMENT AND DILUTION.
    2. Binding Arbitration – You and WDT further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions herein; (b) this Arbitration Agreement memorializes a transaction in interstate commerce; and (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is pending only in that court. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
    3. Dispute Notice – In the event of a Dispute, you or WDT 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 WDT must be addressed to: Western Digital Technologies, Inc., ATTN: Legal Department, 3355 Michelson Drive, Suite 100, Irvine, CA 92612, U.S.A. (the “WDT Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If WDT and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or WDT may commence an arbitration proceeding pursuant to this Arbitration Agreement. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
    4. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND WDT AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, CLASS ARBITRATIONS, OR PRIVATE ATTORNEY GENERAL ACTIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS ARBITRATION AGREEMENT, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
    5. Arbitration Procedure If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Arbitration Agreement. If there is a conflict between the JAMS Rules and the rules set forth in this Arbitration Agreement, the rules set forth in this Arbitration Agreement shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Arbitration Agreement. With the exception of issues relating to the enforceability of the arbitration provision, all issues related to this Arbitration Agreement, including the Arbitration Agreement’s scope and the arbitrability of a Dispute, are for the arbitrator to decide. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option.
      1. Initiation of Arbitration Proceeding. If either you or WDT decide to arbitrate a Dispute, we agree to the following procedure:
        1. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com (“Demand for Arbitration”).
        2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
          JAMS
          500 North State College Blvd., Suite 600
          Orange, CA 92868, U.S.A.
        3. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
      2. Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by WDT or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WDT is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
      3. Arbitration Fees. WDT shall pay, or (if applicable) reimburse you for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or WDT) pursuant to provisions of this Arbitration Agreement.
      4. Award in Your Favor. For Disputes in which you or we seek $75,000 or less in damages, exclusive of attorney’s fees and costs, if the arbitrator’s decision results in an award to you in an amount greater than WDT’s last written offer, if any, to settle the Dispute, WDT will: (A) pay you $1,000 or the amount of the award, whichever is greater; (B) pay you twice the amount of your reasonable attorney’s fees, if any; and (C) reimburse you for any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing the Dispute in arbitration. Except as agreed upon by you and WDT in writing, the arbitrator shall determine the amount of fees, costs, and expenses to be paid by WDT pursuant to this Section.
      5. Attorney’s Fees. WDT will not seek its attorney’s fees and expenses for any arbitration commenced involving a Dispute under this Arbitration Agreement. Your right to attorney’s fees and expenses under Section 5(d) above does not limit your rights to attorney’s fees and expenses under applicable law; notwithstanding the foregoing, the arbitrator may not award duplicative awards of attorney’s fees and expenses.
      6. Opt-out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Arbitration Agreement by sending a written letter to the WDT Notice Address within thirty (30) days of your assent to this Arbitration Agreement (including the purchase, download, installation or other use of WDT products and services) that specifies (A) your name, (B) your mailing address, and (C) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Arbitration Agreement. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide pre-dispute notification.
    6. Severability. If any provision in this Arbitration Agreement is found to be unenforceable, that provision shall be severed with the remainder of this Arbitration Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions as provided in Section (d); if Section (d) is found to be unenforceable, this entire Arbitration Agreement shall be null and void.
  9. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Promotion Terms and Conditions, 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 the State of California, without giving effect to any choice of law or conflict of law rules.
  10. CONSENT: By entering the Promotion, entrants agree that, and expressly consent that, except where prohibited, Sponsor may use each entrant’s name and likeness for publicity purposes (including, without limitation, advertising or internet usage) without compensation.
  11. USE OF DATA: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review Sponsor's privacy policy at wdc.com/en/company/corporateinfo/privacy.aspx. By participating in this Promotion, entrants hereby agree (i) to Sponsor’s collection and usage of their personal information and acknowledge that they have been provided with a link to Sponsor’s privacy policy and (ii) to allow Sponsor to periodically send notification of 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 Sponsor. You should only provide content that you are comfortable sharing under these terms. The information you provide will only be used for this Promotion and for marketing and/or promotional purposes.
  12. 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.
  13. SPONSOR/PROMOTION ADMINISTRATOR: : Sponsor is Western Digital (S.E. Asia) Pte. Ltd., 300 Tampines Avenue 5, NTUC Income Tampines Junction, #06-02, Singapore 529653, and the Promotion administrator is Gap Marketing and Management Pty., Level 10, 263 Clarence Street, Sydney, NSW 2000 Australia. For enquiries please email: redemptions@wdcampaigns.com.au