TWITCH SanDisk TI5 Promotion
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. The following promotion is intended for participants in the fifty (50) United States and the District of Columbia only and shall be governed by U.S. laws. Do not proceed if you are not a legal U.S. resident currently located and residing in the fifty (50) United States or the District of Columbia. Further eligibility restrictions are contained in the official rules below.
DESCRIPTION: The TWITCH SanDisk TI5 Promotion ("Promotion") begins at 8:00am Pacific Time (“PT”) on Monday, August 3, 2015 and ends at 11:59pm PT on Saturday, August 8, 2015 ("Promotion Period"). The Promotion will consist of a photo contest (“Contest”) and a random draw voting sweepstakes (“Sweepstakes”). The Promotion will consist of six (6) daily entry periods (each, a “Daily Period”). Each Daily Period will begin at 12:00am PT and end at 11:59pm PT, except for the first Daily Period which will begin at 8:00am PT. By participating in the Promotion, each entrant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Twitch Interactive, Inc., 225 Bush Street, 6th Floor, San Francisco, CA 94104 (the “Sponsor”), whose decisions shall be final and legally binding in all respects.
ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are physically located and residing therein who have an existing Internet account, email address, are at least eighteen (18) years of age and have reached the legal age of majority in his or her jurisdiction of residence prior to the Promotion start date and are registered attendees of The International 5, scheduled to take place from August 3-8, 2015 in Seattle, Washington. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are physically located and residing therein who have an existing Internet account, email address and are at least eighteen (18) years of age and have reached the legal age of majority in his or her jurisdiction of residence prior to the Promotion start date (each an “Entrant” or, collectively, “Entrants”). Sponsor, SanDisk, and their employees, shareholders, officers, directors, agents, parent companies, affiliates, divisions, subsidiaries, agents, representatives and advertising agencies (collectively, "Promotion Entities") are not eligible to participate in the Promotion. Immediate family and household members of such individuals are also not eligible to enter or win. For purposes of the Promotion, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
HOW TO ENTER THE CONTEST: To enter, log-in to your Twitter account to post a photo taken at The International 5 via Twitter that displays something happening at TI5 that you find interesting and include SanDisk (@SanDisk) and the hashtag #TI5contest in your tweet. Limit of one (1) Contest entry per person per Daily Period. You may only use one (1) Twitter account to enter the Contest. Entries received from any person or Twitter account in excess of the daily limitation will be void.
HOW TO ENTER THE SWEEPSTAKES: Follow SanDisk on Twitter (@SanDIsk) and visit the sandisk.gg website where the Contest entries will be posted. Then, follow the instructions to vote for your favorite Contest entry by clicking the +1 button located on each photo to receive one (1) Sweepstakes entry for the applicable Daily Period. Limit of one (1) Sweepstakes entry per person per Daily Period. You may only use one (1) email address to enter the Sweepstakes. Entries received from any person or email address in excess of the daily limitation will be void.
REQUIREMENTS OF CONTEST ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the entry in the Contest and to its use as otherwise set forth herein.
CONTEST WINNER DETERMINATION: Contest entries received during each Daily Period will be featured at sandisk.gg. Individuals who are at least 18 years of age will be invited to visit sandisk.gg and select their favorite Contest entry. Limit of one (1) vote per person per Daily Period. Individuals can only use one (1) email address to vote. Votes received from any person or email address in excess of the stated limitation will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to verification of eligibility and compliance with these Official Rules, the two (2) Contest entrants from Daily Periods 1-5 and the four (4) Contest entrants from Daily Period 6 that receive the highest number of valid votes, as determined by Sponsor, will be deemed potential prize winners.
SWEEPSTAKES WINNER DETERMINATION: Potential winners for each Daily Period will be selected in a random drawing held approximately one (1) calendar day following each Daily Period from all eligible entries received for each applicable Daily Period. Non-winning entries from one Daily Period drawing will not carry over to subsequent Daily Period drawing. Odds of winning a Sweepstakes prize depend on the number of eligible entries received for each Daily Period.
WINNER NOTIFICATION: Potential winners will be notified via email or Twitter direct message approximately five (5) business days following each applicable Daily Period. It is each Entrant’s responsibility to ensure that their email and/or Twitter account is active and working. No other methods of contact will be utilized. Each potential winner will be required to respond (as directed) to the notification within seventy-two (72) hours of notification. The failure to respond timely to the notification may result in forfeiture of the prize.
If a prize goes unclaimed or a potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential winner will be disqualified and an alternate potential winner may be selected, at the sole discretion of the Sponsor. Potential winners may be required to verify their mailing address and may be required to execute and return an affidavit of eligibility, a liability release, and (where imposing such condition is legal) a publicity release (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, and publicity issues. Prizes will not be awarded until all such properly executed Prize Claim Documents requested are returned. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules.
CONTEST PRIZES (14) (Two (2) awarded for each of the first 5 Daily Periods and four (4) awarded for the final Daily Period): A 960 GB SanDisk Extreme Pro SSD (solid state drive). Approximate Retail Value (“ARV”) of each prize: $450.
SWEEPSTAKES PRIZES (7) (One (1) awarded for each of the first 5 Daily Periods and two (2) awarded for the final Daily Period): A 960 GB SanDisk Extreme Pro SSD (solid state drive). ARV of each prize: $450. Total cumulative ARV of all prizes: $9,450.
PRIZES WILL BE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED BY SPONSOR. Limit of one (1) prize per person using only one (1) email address throughout the Promotion Period. Each winner is solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the redemption of a prize. All prize details are at the sole discretion of the Sponsor. Prize winners cannot assign or transfer a prize to another person. If a prize cannot be awarded, a substitute prize of comparable or greater retail value may be awarded. The value of the prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The ARV of the prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Other restrictions may apply.
CONDITIONS OF PARTICIPATION/RELEASES: All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Promotion and/or by accepting any prize, each Entrant agrees to release the Promotion Entities, SanDisk, and each of their respective parents, affiliates and subsidiaries, and their respective successors, employees, agents, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injuries, death, losses or damages arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance or use of a prize. Prize Providers are not responsible for the promotion, administration, or fulfillment of this Promotion. Each winner authorizes the Promotion Entities to use his/her photo, video, name, voice, likeness, biographical data, city and state of residence in advertising, marketing, programming or promotional materials, worldwide in perpetuity, and on a winners’ list, if applicable, without further compensation unless prohibited by law. Winners may be asked to participate in select publicity activities, as determined at the sole discretion of the Promotion Entities. Promotion Entities are not obligated to use any of the above mentioned information or publicity materials, but may do so and may edit such information or materials, at Promotion Entities sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize or from participation in the Promotion; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Promotion. Promotion Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Promotion or use of a prize. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion (or any portion of the Promotion) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Promotion and, in such situation, will select the potential Contest winners for the Daily Period(s) at issue using the voting procedure identified above and select the potential Sweepstakes winners for the Daily Period(s) at issue in a random drawing from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit Entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Promotion Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROMOTION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE.
INDEMNITY: Winners shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) any winner’s participation in the Promotion; (b) a breach or allegation which if true would constitute a breach, of any winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising there from.
ARBITRATION PROVISION: This Promotion is governed by the laws of the United States and the State of New York, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of New York. By participating in this Promotion, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Promotion, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Promotion. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the participant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
WINNERS’ LIST/OFFICIAL RULES: To obtain the list of the winners or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to TWITCH SanDisk TI5 Promotion Winners’ List/Rules, Twitch HQ – 225 Bush Street, 6th Floor San Francisco, CA 94109. Requests for the names of the winners must be received no later than September 8th, 2015. Vermont residents may omit return postage.