Promo Code 54-53-10249
Sandisk 25th Anniversary Sweepstakes & Instant Win Game
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The SanDisk 25th Anniversary Sweepstakes & Instant Win Game ("Promotion") is sponsored by SanDisk Corporation ("Sponsor") and administered by Contest Factory ("Administrator") (referred to collectively as "Promotion Entities"). The Promotion consists of an "Instant Win Game" and a "Sweepstakes" as described in greater detail in these Official Rules. By entering this Promotion, you affirm your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Promotion Entities, which are final and binding in all respects. Winning a prize is contingent upon fulfilling all requirements as stated in these Official Rules. Winners are 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 only to legal residents of the fifty (50) United States and the District of Columbia (excluding residents of Puerto Rico and all other U.S. territories and possessions) who are at least 18 and have attained the legal age of majority in their state of residence (each, an “Entrant”) at the time of entry and at the time the prize is awarded. Employees of Promotion Entities and their respective parent companies, affiliates, subsidiaries, distributors, sales representatives, agents, advertising and promotional agencies, 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.
•2. PROMOTION DATES: Between August 1, 2012 and August 1, 2013, Promo Codes (as defined below) can be obtained by purchasing a specially marked SanDisk product, while supplies last, or by submitting Free Code Request (defined in Paragraph 3.1.1 below). Promo Codes can be entered and played online from 12:01 AM Pacific Time (“PT”) on August 1, 2012 though 11:59 PM PT on August 1, 2013 (“Online Play Period”). Free Code Requests received between July 22, 2013 and August 8, 2013 will be played by Administrator (“Offline Play Period”). The Online Play Period and the Offline Play Period will be collectively referred to herein as the “Entry Period”. Drawings to determine winners of Sweepstakes prizes will be conducted on or about November 10, 2012, February 10, 2013, May 10, 2013 and August 15, 2013. Second Chance Drawing, if any, may be held on or about August 20, 2013. Administrator’s computer is the official time-keeping device for the Promotion.
•3. HOW TO ENTER SWEEPSTAKES:
◦3.1. Obtain a Valid Promo Code: First, between August 1, 2012 and August 1, 2013, you can obtain or request a valid code (each a “Promo Code”) in two (2) ways.
■ 3.1.1. Specially Marked SanDisk Products. Promo Codes are found inside specially marked SanDisk products, embossed on the plastic tray or similar product container. For a list of specially marked products and help locating your Promo Code, please see the information included here www.sandisk25th.com/productlist.html
Free Code Requests. You may obtain, without purchase, one (1) Promo Code by sending a request via U.S. mail (each, a “Free Code Request”) as follows: mail a 3”x 5” card legibly hand-printed or typed with your name, complete mailing address, phone number and email address to SanDisk 25th, 8502 E. Chapman Ave. No. 334, Orange, CA 92869. Limit one (1) Free Code Request per stamped outer mail envelope or card; no group submissions will be accepted. All Free Code Requests must be postmarked by August 1, 2013 and received by August 8, 2013.
Following receipt of your properly submitted Free Code Request, Administrator will automatically enter one entry on your behalf into the Sweepstakes. To be eligible for a particular Sweepstakes drawing, properly submitted Free Code Requests must be postmarked and received on or before the applicable dates set forth in the Sweepstakes Drawing Table set forth in Paragraph 8.
If your properly submitted Free Code Request is received before July 22, 2013, Administrator will email, to the email address specified in the Free Code Request, one (1) Promo Code which you can use during the Online Play Period to play the Instant Win Game and receive five (5) Spins (as described in Paragraph 4 below). If, instead, your properly submitted Free Code Request is received between July 22, 2013 and August 8, 2013 (and provided it is postmarked on or before August 1, 2013), Administrator will play on your behalf five (5) Spins in the Instant Win Game (see Paragraph 4 below) during the Offline Play Period, and should any of your Spins result in a Winning Message (as defined below), Administrator will notify you via the email address as specified in your Free Code Request.
Free Code Requests that do not follow the instructions stated in this paragraph are void. Failure to include a valid email address will result in your inability to receive an entry in the Sweepstakes or a free Promo Code. Any Free Code Requests that are postmarked after August 1, 2013 or received after August 8, 2013 are void. There is a limit of ten (10) Free Promo Requests per person/email address.
◦ 3.2. Register Online: Second, once you have obtained a valid Promo Code, you have until 11:59 p.m. Pacific Time (“PT”) on August 1, 2013 to visit www.sandisk25th.com (the “Promotion Page”) and register by providing the Promo Code along with your name, address, email address, and phone number (each a “Registration”). Each properly submitted Promo Code entitles you to one (1) entry into the Sweepstakes (each a “Sweepstakes Entry”) and five (5) Spins in the Instant Win Game. Each Entrant is limited to one (1) Registration and ten (10) Promo Code redemptions, for up to a total of fifty (50) Spins, per person/email address during the Entry Period. Entrants may receive one (1) additional Sweepstakes Entry and one (1) Additional Spin in the Instant Win Game by completing the brief SanDisk survey described below in Paragraph 4.2 below.
•4. HOW TO PLAY THE INSTANT WIN GAME:
◦4.1. Spins. Once an Entrant has completed a Registration, the Instant Win Game screen (the “Instant Win Game Screen“) will be displayed. Each properly submitted Promo Code will entitle the Entrant to five (5) Instant Win Game plays (each a “Spin”). To play a Spin, click the “Spin Here” icon on the Instant Win Game Screen. There will be a total of nine thousand one hundred and twenty eight (9,128) random, computer-generated winning times, during the Entry Period. If you are the first Entrant to play a Spin at or after one of the randomly generated times, you will be a potential winner of the Instant Win Game Prize indicated, and the Instant Win Game Screen will display a winning message as follows: three (3) matching images of any of the Instant Win Game Prizes described below on the middle row of the “spin wheel” (each, a “Winning Message”). All Spins must be played by 11:59 p.m. PT on August 1, 2013. All potential Winning Messages are subject to validation by Administrator. You can play your Spins at any time through the Online Play Period, by logging back in to the Promotion Page using the email address and password that you submitted when you completed the Registration. Any Spins that remain after the conclusion of the Online Play Period will be void. You may use each Promo Code you receive only once.
◦4.2. Additional Spin. Entrants can receive one (1) additional Spin (the “Additional Spin”) through the Online Play Period by clicking on the “Want More Spins?” button on the Instant Win Game Screen and then completing a brief SanDisk survey located on the Promotion Page. Upon completion of the survey questions, an Entrant will automatically receive one (1) Additional Spin which will be reflected in the number of “Spins Left” on the bottom right side of the Instant Win Game Screen and one (1) additional Sweepstakes Entry which will be automatically applied after the completion of the survey. An Entrant can only complete the Survey once.
•5. OTHER LIMITS AND RESTRICTIONS:
◦5.1. Online Entry Limits: Limit ten (10) Promo Code redemptions and one (1) Survey completion per person/email address. Multiple Entrants are not permitted to share the same email address.
◦5.2. Valid Email Address: All Entrants must provide a valid and functioning email address at the time of registration, which must remain valid and functioning for notification purposes. In the event of a dispute as to the identity or eligibility of a potential winner, Promotion Entities will deem the winning Entry to have been made by the “Authorized Account Holder” of the email address 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 an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
◦5.3. Undelivered or Untimely Submissions: Promotion Entities are not responsible for any Entries or Spins that are lost, delayed, damaged, undeliverable, garbled, or misdirected, for any Free Code Requests that are lost, delayed, damaged, undeliverable, illegible, mutilated, garbled, misdirected or postage-due, or for any Entries, Spins or Free Code Requests that are not received by Administrator by the stated deadline for any reason. All Entries and Free Code Requests become Sponsor’s exclusive property and will not be returned.
◦5.4. Disqualification: Entries, Spins, Promo Codes or Winning Messages generated by script, macro or other automated means or by any means that subvert the entry process will be void. In the event that Promotion Entities reasonably suspect that an Entrant has attempted to (a) obtain more than the stated number of Sweepstakes Entries and/or Spins by using multiple/different mailing addresses, email addresses, identities, registrations and logins or any other methods, (b) to enter the Promotion by any means except as permitted in these Official Rules, or (c) tamper with the entry process, the Instant Win Game or any other aspect of the Promotion in any way, Promotion Entities reserve the right, in their sole discretion, to void any such improper or suspect Sweepstakes Entries and/or Spins and/or to disqualify that Entrant from further participation or eligibility for prizes, and their decisions are final and binding in all respects.
•6. PRIZES AND ODDS: The following prizes will be available during the Promotion:
◦6.1. Instant Win Game Prizes (9,128): The prizes as listed in the Instant Win Game Prize Table below (each, an “Instant Win Game Prize”) will be seeded throughout, and available to be won during, the Entry Period.
Instant Win Game Prize Table
Instant Win Game Prize
SanDisk Baseball Cap
SanDisk Digital Camera Case
32 GB SanDisk Extreme Pro® SDHCTM UHS-I Memory Card
$25 American Express Gift Card
16GB SanDisk® Memory Vault
GoPro Camera HD HERO2: Surf Edition (model CHDSH-002)
iBeats by Dr. Dre Headphones with ControlTalk from Monster® (Model 129584)
Nikon COOLPIX AW100 (Model 26292)
Panasonic VIERA® 42” Class U5 Series LCD HDTV (Model TC-L42U5)
Motorola XOOMTM Tablet (32 GB Wi-Fi Model)
Nikon D7000 DSLR Camera with 18-105mm Lens (Model 25474)
◦6.2. Sweepstakes Prizes: The following sweepstakes prizes (each, a “Sweepstakes Prize”) will be available to be won during the Promotion:
■6.2.1. Trip Prizes (4): Each travel prize (each, a “Trip Prize”) consists solely of the following elements: coach-class roundtrip air transportation for winner and one (1) guest to Honolulu, Hawaii (from major airport nearest winner's residence) and five (5) nights’ deluxe hotel accommodations (single room/double-occupancy). Trip Prizes must be booked by October 31, 2013 and completed by March 31, 2014. Approximate Retail Value (“ARV”): $5,000.00. ARV may vary depending on city/day/date/time of departure and in the event that the actual value of a prize awarded is less than the ARV stated above, that winner will not be entitled to receive any cash or other compensation for such difference between the actual value and the ARV.
■6.2.2. Grand Prize (1): Check in the amount of $25,000.00 issued in name of Grand Prize Winner. ARV: $25,000.00
◦6.3. Total ARV of all Instant Win Game Prizes and Sweepstakes Prizes: $531,195.92.
◦6.4. Odds of Winning: The odds of winning a Sweepstakes Prize depend on the number of timely entries received prior to the relevant Drawing Date. The odds of winning an Instant Win Game Prize depend on the number of remaining Instant Win Game Prizes available to be awarded and the number of Entrants who play a Spin at or most closely following the corresponding random, computer-generated winning times during the Entry Period. The odds of winning a Second Chance Unclaimed Prize (as defined below) depend on the number of Second Chance Unclaimed Prizes and the number of timely entries received during the Entry Period.
•7. PRIZE LIMITS AND RESTRICTIONS:
◦7.1. Prize Limits: Limit five (5) Instant Win Game Prizes, one (1) Trip Prize and one (1) Grand Prize per person/email address during the Promotion.
◦7.2. General Prize Restrictions: The following restrictions apply to all prizes. Winners assume 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 a prize. Promotion Entities will comply with all tax reporting requirements including the issuance of any required Forms 1099-MISC for the applicable tax year. Non-cash 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 used by any winner is forfeit, and no cash substitute will be offered or permitted. Merchandise prizes carry no warranty other than that offered by manufacturer. All prizes are provided “as is” with no warranty or guarantee either express or implied 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 any 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 prizes provided.
◦7.3. Specific Prize Restrictions: The following additional restrictions apply to the specified prizes below:
■7.3.1. Gift Card Prizes: Gift Cards will not be replaced or replenished by Promotion Entities if lost, stolen, damaged, destroyed or used without winner’s permission, and are void if altered or defaced. Gift Cards are subject to any terms and conditions set forth on the respective Gift Card as well as any additional restrictions and limitations imposed by issuer. For terms and conditions governing American Express Gift Cards, visit www.americanexpress.com.
■7.3.2. HDTV Prize: HDTV Prize does not include set-up or installation.
■ 7.3.3. Trip Prizes: ■184.108.40.206. Winners and guests are solely responsible for any costs or expenses associated with prize acceptance and use not specified above as part of prize description, including without limitation, ground transportation, additional air transportation and accommodations, meals, tips, gratuities, beverages, sightseeing, souvenirs, excursions, baggage fees, incidentals, and personal items. Hotel may require credit card or cash deposit for incidentals. Winners and guests are solely responsible for all required travel documents and/or identification (e.g., a valid government-issued photo ID) and a valid credit card if needed for hotel check-in. Winners and guests are solely responsible for obtaining any travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
■220.127.116.11. Once a guest’s name is communicated to Administrator, that guest may not be changed or substituted, except in Sponsor’s sole and absolute discretion. Winners and their guests must travel together on the same itinerary. Guests (or their parents/legal guardians, if applicable) may be required to execute Publicity Releases and/or Liability Waivers prior to and as a condition of accompanying winners on any Trip Prizes. Each guest must be an adult unless the corresponding winner is his/her parent or legal guardian. Any allowed minors must be accompanied at all times during Trip Prize (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian.
■18.104.22.168. Each Trip Prize winner must accept prize as described in these Official Rules. If Trip Prize winner is not willing or able to accept prize as described, the Sponsor may, in its discretion, disqualify that winner and award the prize to an alternate winner in accordance with the disqualification provisions below. Each Trip Prize must be completed within the time period specified above or it will be forfeited. Transportation and accommodations are subject to availability and reservations are required. Blackout dates and holiday exclusions may apply. Selection of airline and hotel is within Sponsor’s sole discretion. Airline tickets are non-refundable/non-transferable and are not valid for frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, transportation companies, prize providers or any other persons providing any prize-related services or accommodations.
•8. SELECTION OF WINNERS:
◦8.1. Instant Win Game Prize Winners: Subject to validation of Winning Messages and verification of eligibility and compliance with these Official Rules, Entrants who receive Winning Messages upon completion of Instant Win Game Spins will be declared Instant Win Game Prize Winners. Administrator will not accept screen shots or other evidence of winning in lieu of Administrator’s validation process. Any Spin that occurs after the Instant Win Game system has failed for any reason is deemed a defective Spin and is void.
◦8.2. Sweepstakes Prize Winners: On or about each of the Drawing Dates set forth in the Sweepstakes Drawing Table below, Administrator will randomly select one potential winner from all eligible entries received prior to the corresponding deadlines. As described in Paragraph 3.1 above, an entrant who submits a timely and proper Free Code Request will be entered automatically into the Sweepstakes by Administrator. To be eligible for a particular Sweepstakes drawing, entrants who received a Promo Code inside specially marked SanDisk products must redeem their Promo Codes online by the Online Entry Deadline set forth in the Sweepstakes Drawing Table below, and Free Code Requests must be postmarked by and received by the applicable dates set forth in the Sweepstakes Drawing Table below. Non-winning entries from one drawing will be included in subsequent drawings. Subject to verification of eligibility, the persons whose names are so drawn will be declared the winners of the corresponding prizes.
Sweepstakes Drawing Table
Online Entry Deadline
Mail-In Free Code Request Postmarked By Deadline
Mail-In Free Code Request Received By Deadline
Number of Potential Winners
1st Trip Prize
2nd Trip Prize
3rd Trip Prize
4th Trip Prize
•9. WINNER NOTIFICATION, VERIFICATION AND DISQUALIFICATION:
◦9.1. Notification of Potential Winners: Potential Instant Win Game Winners will be notified initially via a Winning Message upon completion of their winning Spins. Potential winners of Instant Win Game Prizes with an ARV of at least two hundred dollars ($200.00) (each, a “Major Instant Win Game Prize”) and/or Sweepstakes Prizes will be notified via telephone and/or email in accordance with the information supplied at the time of Registration and must reply to Administrator within the time period designated by Administrator.
◦9.2. Verification: Potential winners of Major Instant Win Game Prize and/or Sweepstakes Prizes may be required to provide Administrator with any or all of the following verification documents within seven (7) business days of notification of such requirements: Notarized Affidavit of Eligibility & Liability Release, a Publicity Release (where legal), completed tax acknowledgment or taxpayer information forms, acceptable identification (valid government issued-photo ID), other proof of eligibility and other legal documents.
◦ 9.3. 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, if a reply is 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 incompliance with these Official Rules for any other reason, Administrator in its discretion may disqualify that winner, in which event: ■9.3.1. Instant Win Game Prizes: If the relevant prize is an Instant Win Game Prize and the Instant Win Game is still ongoing, that prize will be returned to the Instant Win Game and made available to be won. If the Instant Win Game has concluded and the relevant prize is a Major Instant Win Game Prize (each a “Second Chance Unclaimed Prize”), that prize will be placed into the Second Chance Drawing. See “Second Chance Drawing” paragraph below. If the Instant Win Game has concluded and the relevant prize has an ARV of less than two hundred dollars (< $200.00) (each, a “Minor Instant Win Game Prize”), that prize will not be awarded.
■9.3.2. Sweepstakes Prizes: If the relevant prize is a Sweepstakes Prize or a Second Chance Unclaimed Prize (see below), an alternate winner will be chosen by random drawing from the remaining corresponding pool of timely entries as soon as reasonably practicable after initial winner is determined to be ineligible. No more than two (2) alternate drawings will conducted. If an eligible winner cannot be confirmed after two (2) alternate drawings, no further drawings will be conducted for that prize and that prize will not be awarded. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules.
•10. SECOND CHANCE DRAWING: 10. If necessary, on August 20, 2013, or within a reasonable time thereafter, Administrator will conduct a Second Chance Drawing from among all timely and properly submitted Entries, subject to the prize limits stated above. During the Second Chance Drawing, Administrator will randomly select “X” number of potential winners from among all timely and properly submitted Entries, where “X” is equal to the number of Second Chance Unclaimed Prizes as of the date of the Second Chance Drawing. Subject to verification of eligibility, the persons whose names are so drawn will be declared the winners of such Second Chance Unclaimed Prizes. Disqualification of any potential Second Chance Unclaimed Prize winners will be handled in accordance with the Disqualification Paragraph above. Potential winners of Second Chance Unclaimed Prizes must comply with all requirements imposed on winners set forth herein.
•11. PRIZE DELIVERY: Merchandise prizes will be mailed or shipped to the confirmed or verified winners in accordance with the information supplied at the time of registration. Prizes will not be shipped or delivered to P.O. boxes or addresses outside of the United States. Allow up to 4 to 6 weeks after verification of eligibility for prize delivery.
•12. GENERAL CONDITIONS:
◦12.1. Entrants’ exclusive remedy and Sponsor’s sole liability for any Promo Code containing printing, production, typographical, mechanical or other errors of any kind is limited to replacement with another Promo Code during the Entry Period. Promo Code is void if not obtained from authorized and legitimate channels, or if the Promo Code is, in whole or in part, illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained via fraud or theft.
◦12.2. Released Parties (as defined below) are not responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible Registrations, Spins or Free Code Requests, or for any computer, telephone, cable, network, satellite, electronic, internet hardware, software malfunctions or failures or unavailability, or for garbled or jumbled transmissions or for service provider, Internet, website intervention, or for inaccurate capture of any information, or the failure to capture any such information or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, Free Code Requests or prize claims, the announcement of the prizes or in any Promotion-related materials. Proof of submission will not be deemed to be proof of receipt by Administrator. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website.
◦12.3. Sponsor reserves the right to cancel, terminate or suspend this Promotion or any part of this Promotion should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction or other cause corrupts or impairs the security, administration, fairness or operation of this Promotion as determined by Sponsor in its sole discretion, in which case Sponsor or its designee will select the winners for any unclaimed prizes by conducting a random drawing from among all non-suspect Registrations received at the time of the Sweepstakes cancellation, termination or suspension.
◦12.4. 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 by a random drawing from among all legitimate, un-awarded, eligible prize claims.
◦12.5. Promotion Entities reserve the right to prohibit any Entrant from participating in the Promotion if, at their sole discretion, Promotion Entities find such Entrant to be tampering with the entry process or the operation of the Promotion; or if the Entrant has repeatedly shown a disregard for, or attempts to circumvent, these Official Rules; or acts: (a) in a manner Promotion Entities determine to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Entrant or Promotion Entities; 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 Promotion Entities to enforce any of these Official Rules shall not constitute a waiver of these Official Rules.
◦12.6. All activity arising out of and relating to the Promotion is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with the Promotion Entities concerning verification and/or auditing. All references to an Entrant's status as a "winner" are subject to verification and/or auditing by the Promotion Entities. If verification activity or an audit evidences non-compliance of a Registration, Spin or Free Code Request or Entrant with the Official Rules as determined by the Promotion Entities in their sole discretion, Promotion Entities reserve the right to disqualify the Entrant and remove the corresponding Spin(s) or Sweepstakes Entry(ies) from the Promotion at any time.
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, PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. •13. LIMITATION OF LIABILITY: Entrants agree that Released Parties (as defined below) (a) are not responsible for lost, interrupted, or unavailable network, server or other connections or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted or garbled transmissions or errors of any kind, whether human, mechanical or electronic or for Registrations, Free Code Requests or Spins that for any reason are not received by Administrator by the deadlines stated in these Official Rules; (b) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading any software or materials; (c) are released from any and all liability related to this Promotion and the receipt and use of any prize (including any travel or activity related thereto); and (d) will not be responsible for the inability to select winners because of equipment failure or data storage failure.
•14. RELEASE: By participating in the Promotion, Entrants agree to release and hold harmless Promotion Entities and their respective subsidiaries, affiliates, suppliers, distributors, advertising and promotion agencies, and each of their respective parent companies and the officers, directors, employees and agents of each of the foregoing (collectively, “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 participation in the Promotion, participation in any prize-related activity, use or misuse of any entry-related materials or acceptance, use or misuse of any prize (including any travel or activity-related thereto).
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. •15. 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) 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, winner.
•17. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrant and Promotion Entities in connection with this 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 (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
•18. DISPUTES: By entering the Promotion, Entrants 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, and in no event will Entrant be permitted to obtain attorneys’ fees or other legal costs; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, any and all rights to have damages multiplied or otherwise increased, and any other damages other than for actual out-of-pocket expenses. To the extent permitted by law, the sole remedy of Entrants for any reason and for any cause of action whatsoever in connection with or relating to the Promotion, regardless of the form of action, whether in contract or in tort, including negligence, shall be modification of Promotion policies and practices, as determined by Promotion Entities. Any legal proceedings arising out of this Promotion or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of California, County of Santa Clara, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules.
•19. 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.
•20. WINNERS’ LIST/OFFICIAL RULES COPY: For a copy of these Official Rules or the final winners’ list (only with respect to prizes with ARV equal to or greater than $25), send a self-addressed, stamped business size envelope to SanDisk 25th, 8502 E. Chapman Ave. No. 334, Orange, CA 92869, specifying either “Winners’ List Request” or “Official Rules Request.” Winners’ List will be available after October 15, 2013. Deadline to receive request for winners November 15, 2013. Vermont and Washington residents may omit return postage on Official Rules requests.
•21. SPONSOR: SanDisk Corporation, 601 McCarthy Boulevard, Milpitas, CA 95035.
•22. ADMINISTRATOR: Contest Factory, 8502 E. Chapman Ave. No. 334, Orange, CA 92869.