CMF FAN CHOICE AWARD PRESENTED BY WD
IMPORTANT - READ CAREFULLY. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. BY SUBMITTING A FILM OR VIDEO INTO CMF (DEFINED BELOW), YOUR MATERIALS 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 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.
SPONSOR: The CMF Fan Choice Award presented by WD ("Contest") is sponsored by Western Digital Technologies, Inc., 3355 Michelson Dr., Suite 100, Irvine, CA 92612, USA ("Sponsor" or "WD"). This Contest is offered in connection with Campus MovieFest by Ideas United, LLC ("CMF" or "Campus MovieFest"), but is separately sponsored by WD.
AGREEMENT TO CONTEST OFFICIAL RULES: This Contest brought to you by WD affords participants of CMF another opportunity to win awards. By entering this Contest, as a CMF participant ("Entrant," or "you"), or as a voter participant ("Voter Participant" or "you"), you indicate your full and unconditional agreement to, and acceptance of these rules ("Official Rules") and Sponsor's decisions, which are final and binding. Winning a prize in this Contest is contingent upon fulfilling all requirements set forth in these Official Rules. At the time Entrants submit content to Campus MovieFest online, Entrants will agree to these Official Rules. These Official Rules relate specifically to this Contest and supplement (are in addition to) any rules you are required to abide under the general Campus MovieFest rules with Ideas United, LLC. If you are a Voter Participant, your account registration will include your acceptance of these Official Rules.
ELIGIBILITY:The Contest is open to (i) legal residents in any of the fifty (50) United States and the District of Columbia, (ii) who are at least 18 years of age or older, (iii) who are full-time or part-time students matriculated at a college or university at the time of entry, (iv) who are registered as a participant of CMF, and who are not: (v) represented under a contract (e.g., by a talent agent or manager) either at the time of entry or at any time since September 12, 2013; vi) subject to an acting, modeling or any other contract that would make his/her appearance in the work a violation of any third-party rights; or (vii) under any other contractual relationship, including but not limited to any guild or union memberships, that would in any way limit or impair Sponsor's ability to display or use his/her Film, name, likeness or any work that he/she has created for the Contest in any media form, in perpetuity on a royalty-free basis, without any payment of fee obligations of any kind. Void in (i) Puerto Rico, (ii) outside the fifty (50) United States and the District of Columbia, and (iii) where otherwise prohibited or restricted, in any manner. Entrants who are CMF participants, may be represented by a "Team Leader." All persons who appear in the Film and assist in the production of the Film will be collectively defined as "Team Members." The Team Leader and all Team Members will be defined as a "Team." Team Leaders may accept these Official Rules on behalf of the Team. By entering this Contest, you are allowing Sponsor to post the Film in the WD Campus MovieFest Fan Choice Contest gallery and websites, and the Team Leader and all Team Members agree to be bound by these Official Rules and the decisions of the Sponsor and/or its authorized agents. Employees of Sponsor, or those of its subsidiaries, advertising and production agencies, and other companies directly involved in the implementation and/or operation of the Contest, along with their immediate families and household members, are not eligible to participate in the Contest. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. All federal, state, and local laws and regulations apply.
PROMOTION PERIOD: The Contest starts on September 9, 2014 at 12:00:01 AM Pacific Daylight Savings Time ("PDT") and ends on June 15, 2015 at 11:59:59 PM PDT ("Promotion Period"). Sponsor's computer shall be the official time keeping device for the Contest. During the Promotion Period, Entrants will have an opportunity to enter this Contest at the same time that Campus MovieFest is at the university or college he or she attends (see campusmoviefest.com for your school's entry period). The Film (defined below) that an Entrant submits will be voted on by registered fans during one of the four (4) rounds of voting periods (each a "Voting Period"), and if such Film qualifies, in a Finalist Voting Period.
HOW TO QUALIFY:
Participants of CMF agree to these Official Rules when they submit content to Campus MovieFest. This date is different for each campus and depends on the college or university you attend (see campusmoviefest.com for your school's entry period). Entering this Contest does not require submission or re-submission of any film or video material that you submitted for CMF ("Film"). As a Sponsor of CMF, WD has created this extra opportunity for participants to win prizes using the same Film submitted to CMF. The Film you submit to CMF, must also be an eligible Film for this WD Campus MovieFest Fan Choice Contest pursuant to these additional rules in order to qualify.If you want to participate in Campus MovieFest but do not want your Film to be entered into this Contest, please write to us at email@example.com and we will exclude your entry.
Other than an award at this year's CMF, an eligible Film may not have won a previous award, prize or contest; may not have been published previously and Films must not infringe upon any other person's rights. Films must not contain, as determined by Sponsor's sole discretion, any content that:
- Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; obscene or offensive;
- Promotes the underage consumption and over consumption of alcohol; or promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Contains trademarks, trade names or copyrighted materials owned by others;
- Contains any personal identification, such as license plate numbers, personal names (other than just first name), email or street addresses;
- Contains information about competitive products;
- Communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and/or
- Violates any law or infringes upon the rights of any other person or company.
Sponsor reserves the right to screen and not to post a Film or to disqualify any Film that is deemed to be inappropriate as indicated above (even if such Film qualifies for purposes of CMF and is eligible for other CMF awards). Sponsor reserves the right to monitor Films on any and all social media platforms.
Company names, trademarks, logos and music other than those owned by the Team, photographs, artwork, other copyrighted materials and the name, voice or likeness of any person not on the Team (collectively, "Third Party Intellectual Property") may not be included in any Film submitted. Any Film submitted that includes any Third Party Intellectual Property (example: a person in the Film is wearing branded merchandise with a proprietary brand logo) may be disqualified if such use is deemed inappropriate, impermissible or illegal, as determined by Sponsor in its sole discretion. Persons found tampering with or abusing any aspect of the Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified. Sponsor reserves the right to disqualify Films submitted through robotic, automatic, mechanical, programmed or similar duplication method, or Film submission made through any third-party website, and to disqualify any individual using such a method.
INTELLECTUAL PROPERTY RIGHTS/WARRANTY: By participating in CMF, each Team has granted Ideas United, LLC broad rights in its Film. Through WD's sponsorship of CMF, and your agreement to participate in this Contest, you and the Team grant WD rights in your Film which include a perpetual, worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and the right to edit, modify, publish, use, reuse, distribute, publicly display, copy and otherwise exploit the Film or any part thereof, and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor and its brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Team, except where prohibited by law.
In addition, each Team forever waives in favor of Sponsor all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that may preclude the use of the Film (or any part thereof) as granted herein, or require Team's permission to use the Film (or any part thereof) for the purposes stated herein. By allowing the Sponsor to feature the Film in this Contest, each Team warrants and represents that the Film is original and was created solely by the Team, that the Film does not impermissibly incorporate any material owned by any third party, and that use of the Film as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Film violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Film.
To the maximum extent permitted by law, Team indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of Team and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Team Leader and each Team Member agree to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or accruing from: (i) any Film provided by the Team that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by a Team in connection with the Contest; (iii) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (iv) any non-compliance by the Team with these Official Rules; (v) claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Team's involvement with the Contest; (vi) any malfunction or other problem with the Contest site in relation to the Film and participation in the Contest by Team; or (vii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the Film and participation in the Contest by the Team.
FOUR (4) VOTING PERIODS: Eligible Films will be posted in a designated Voting Period based on the date of submission to CMF. Films will be posted online during a designated voting period ("Voting Period") for public viewing and will be featured/posted on wd.com/SavedOnWD (the "Website"). The four designated Voting Periods and the Finalist Voting Period are as follows:
Voting Period #1: October 20, 2014 at 12:00:01 AM PDT to November 3, 2014 at 11:59:59 PM PST
Voting Period #2: December 4, 2014 at 12:00:01 AM PST to December 18, 2014 at 11:59:59 PM PST
Voting Period #3: March 23, 2015 at 12:00:01 AM PDT to April 6, 2015 at 11:59:59 PM PDT
Voting Period #4: May 11, 2015 at 12:00:01 AM PDT to May 25, 2015 at 11:59:59 PM PDT
Finalist Voting Period: June 1, 2015 at 12:00:01 AM PDT to June 15, 2015 at 11:59:59 PM PDT.
Voting Periods are subject to change. Individual fans who go to wd.com/SavedOnWD
during a designated Voting Period, may view all eligible Contest entries and vote for their favorite. Entries will be awarded points based on their ranking determined by the number of online votes received during the designated Voting Period as follows:
(The Film that receives the top five highest number of votes)
Films appearing in a previous Voting Period will not be eligible for a subsequent Voting Period unless the Film has been selected as a "Finalist Film," which will be posted during the "Finalist Voting Period." Any additional voting criteria specified at the Website must be adhered to and shall be considered a part of these Official Rules. For purposes of these Official Rules, selecting the "Vote" button will be defined as a "Vote." Limit one (1) Vote per Film per person per day during a Voting Period and the Finalist Voting Period. For purposes of these Official Rules, a "day" is defined as a twenty-four (24) hour time period beginning at 12:00:01 AM PDT/PST of a calendar day and ending at 11:59:59 PM PDT/PST the following calendar day. Voting must be completed by the actual person casting the Vote. An individual may not Vote on behalf of another person. Subsequent Votes for a Film during one (1) day by a single voter may result in disqualification of a voter Entrant. Votes generated by script, macro or other automated means or any other means intended to impact the integrity of the voting process as determined by Sponsor in Sponsors' sole discretion are void. Payment or other consideration in exchange for Votes is prohibited. The Voting process for the online corresponding Voting Period and online Finalist Voting is subject to all applicable federal, state and local laws and regulations. Sponsor is not responsible for incorrect/inaccurate Voting information. Sponsor reserves the right, in its sole discretion, to modify, terminate, or suspend the Voting or void any Vote should a virus, bug, non-authorized human intervention, action of voter, or other cause corrupt or impair the administration, security or fairness of the voting or Contest. If the voting process is terminated early by Sponsor, Sponsor reserves the right to count the eligible Votes among all non-suspect, eligible Votes received up to the time of cancellation to determine the number of Votes per entry during the corresponding Voting Period and the Finalist Voting Period. The decision of the Sponsor with respect to the tallying of the Votes, and the invalidation or disqualification of any suspected Votes, shall be final and binding.
FINALIST VOTING PERIOD/SELECTION: The top five (5) Films that receive the highest number of votes during a designated Voting Period will be deemed a "Finalist Film." In the event of a tie among Films in a designated Voting Period, the Sponsor, in its sole discretion, will determine the Finalist Film based on the most original/creative Film among the tied Films. A total of twenty (20) Finalist Films will appear in the Finalist Voting Period. The Finalist Voting Period will start on June 1, 2015 at 12:00:01 AM PDT and end on June 15, 2015 at 11:59:59 PM. All twenty (20) Finalist Films will be posted for public viewing during the Finalist Voting Period. The Finalist Film that receives the highest number of votes during the Finalist Voting Period will be deemed the "Grand Prize Winner." In the event of a tie during the Finalist Voting Period, the tied Films will be judged by the Sponsor based on the most original/creative Film among tied Films, as determined by Sponsor in its sole discretion. Only one product prize will be awarded to each winning Team and prizes will go to the Team Leader on behalf of the Team.
FINALIST PRIZES AND THEIR APPROXIMATE RETAIL VALUES ("ARV"): Four (4) First Prizes: The Film that receives the highest number of Votes in each designated Voting Period with the exception of the Finalist round will be deemed a First Prize Winner. Each First Prize consists of one (1) WD My Cloud Mirror 4 TB NAS storage product (ARV $349.99); and Sixteen (16) Second Prizes: The Films that receive the second, third, fourth and fifth highest number of votes during a designated Voting Period will be deemed a Second Prize Winner. Each Second Prize consists of one (1) WD My Passport Pro 2 TB hard drive (ARV $299.99).
ONE (1) GRAND PRIZE:The Grand Prize is a check in the amount of USD$10,000 made payable to the Team Leader listed on the Grand Prize Winning Film. The actual retail value of the prize: USD$10,000.
TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES: $16,199.80. Any winner of a prize in the Contest is a "Winner," and collectively, "Winners." By accepting a Prize, Winners agree to be responsible for all federal, state, local, or other applicable taxes (and related reporting obligations) associated with acceptance and use of the prize. Winners will be requested to provide a social security number for purposes of Sponsor's reporting requirements. 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. Sponsor accepts no responsibility with respect to a Team Leader's obligations to other Team Members and the distribution of any prize winnings. Limit one (1) prize per household. 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 a Winner or any third party shall be the sole responsibility of a Winner and a Winner shall indemnify and hold harmless Sponsor and its affiliates for any claims therefore.
VOTER PARTICIPATION DRAWING AND PRIZES: The Contest also provides awards for Voter Participants. All applicable sections of these Official Rules apply to Voter Participants with the following variations:
Voter Participant Eligibility: Voter Participant awards are open to (i) legal residents in any of the fifty (50) United States and the District of Columbia, (ii) who are at least 18 years of age or older and have reached the age of majority within the jurisdiction in which they reside at the time of entry to be eligible, and (iii) who have registered to participate in the Contest. Void in (i) Puerto Rico, (ii) outside the fifty (50) United States and the District of Columbia, and (iii) where otherwise prohibited or restricted, in any manner. Employees of Sponsor, or those of its subsidiaries, advertising and production agencies, and other companies directly involved in the implementation and/or operation of the Contest, along with their immediate families and household members, are not eligible to participate in the Contest. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. All federal, state, and local laws and regulations apply.
Voter Participant Entries:
There are three different ways for Voter Participants to get entries (1) Initial Account Registration.
During the Promotion Period, Voter Participants will visit wd.com/SavedOnWD
and follow the links and instructions to register by creating an account, using a valid email address and password, or by logging in through Facebook connect. Then, follow the links and instructions to vote for one (1) Film (there will be new Films during each Voting Period). You automatically receive one (1) entry for registering. Registration only occurs once. You will not be asked to re-register for each Voting Period. Limit:
You may vote once per day per Film
during each of the five voting periods. Voting multiple times in one day will not result in additional entries or chances to win. (2) Sharing.
You may be asked to share a Film on Facebook, Twitter, Tumblr, or G+ feed with the hashtag #SavedOnWD. If you share a Film on one of these social media networks, you will get additional entries or chances to win. This is optional. You are not required to share any Film in order to participate in the Contest. Voter Participants must be registered and logged in prior to sharing in order to eligible. Limit: You can share as many times and Films as you want, but you will receive only one entry per social network per day. (3) Referral Account Registrations.
If (i) you share a Film on Facebook, Twitter, Tumblr, or G+ feed with the hashtag #SavedOnWD, and (ii) someone clicks your link and registers an account, you will get an extra entry. Limit: You will only be able to receive a maximum of ten (10) referral entries per day.
Voter Participant Prizes: There will be ten (10) Voter Participant prizes. Each prize consists of one (1) WD My Cloud 2 TB. The approximate retail value ("ARV") of each prize: $149.99. The total approximate retail value of all Voter Participant prizes: $1,499. Prizes are non-transferable and cannot be redeemed for cash or credit (in whole or in part). If a prize is not available, Sponsor reserves the right, at its sole discretion, to substitute a prize awarded with a prize of equivalent value for any reason. By accepting a prize, each winner agrees to be responsible for all federal, state, local, or other applicable taxes (and related reporting obligations) associated with acceptance and use of the prize. The approximate retail value of the 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 the Prize including, but not limited to, its quality, merchantability, fitness for a particular purpose or suitability for use. Once the prize has been delivered to a Winner, all liability for any loss or damage, including any property damage, personal injury, or death to a Winner or any third party shall be the sole responsibility of a Winner and a Winner shall indemnify and hold harmless Sponsor and its affiliates for any claims therefore.
VOTER PARTICIPANT WINNER SELECTION/RANDOM DRAWINGS: Two (2) potential prize winners will be selected in a random drawing from among all eligible entries received in each of the five (5) Voting Periods for a total of five (5) Random Drawings and the selection of ten (10) Winners. There will be two prize pools from which Sponsor will draw Voter Participant winners; one prize pool is composed of Initial Account Registrations, and the other is composed of the Sharing and Referral Account Registrations. An equal number of winners will be drawn from each pool (i.e. 5 and 5); a Voter Participant cannot win from both pools. The random drawings will be conducted on or about three (3) business days after the end date of the corresponding Voting Period. All random drawings will be conducted by R&R Partners whose decisions in all matters relating to this Voter Participant portion of the Contest are final and binding. Odds of winning a prize will depend upon the number of eligible Voter Participant entries that are received in each Voting Period. Winners will be notified by an email to the account used to register the account, on or about four (4) business days after the end date of the corresponding Voting Period, and each winner will be asked to provide his or her full name and shipping address. Each winner will have three (3) days to respond to the email notification with his/her name and a valid mailing address. If a Winner cannot be contacted or fails to confirm his or her eligibility and email address within three (3) days of notification, an alternate Winner may be selected from among all remaining eligible entries received for that corresponding Voting Period. Each winner will be required to complete and submit a Prize Verification Form within fourteen (14) days from date of notification as designated by Sponsor, or his/her prize may be forfeited. Non-compliance in returning any prize notification will result in disqualification of a potential Winner and that prize will be awarded to an alternate Winner in a random drawing from among all remaining eligible entries received for that corresponding Voting Period. Any prize notification or prize returned as undeliverable may be forfeited and awarded to an alternate Winner in a random drawing from among all remaining eligible entries received for that corresponding Entry Period. Sponsor's decisions will be final in all matters relating to the Contest and winner eligibility.
RELEASE OF LIABILITY: By participating in the Contest, you/Entrant release Sponsor, and its subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and others associated with the implementation and/or operation of such Contest, from and against any and all injury, loss, or damage caused or claimed to be caused by participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of any Prize. The Team Leader of the Grand Prize Winner and (if applicable) Team Members, will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release within five (5) business days of notification. Non-compliance by the Team Leader or (if applicable) any Team Member will result in disqualification and the Grand Prize may be awarded to the next Finalist Film that received the second highest number of votes during the Finalist Voting Period. By signing and returning an Affidavit of Eligibility, Liability and Publicity Release, the Team Leader and (if applicable) each Finalist Team Member agrees to the use of his/her Film, name, hometown and/or likeness/photograph for promotional, advertising and/or publicity purposes in any media, known or hereafter invented throughout the world in perpetuity, without further notice or compensation and may be asked to agree to a criminal and personal social media background investigation. In the event the criminal background investigation consists of a criminal record, the Sponsor reserves the right, at its sole discretion, to disqualify the Grand Prize Winner. In the event the Grand Prize Winner, it's Team Leader or a Team Member's personal social media investigation consists of content found in any social medium that is false or contains misleading claims about Sponsor and its products or services, that defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies; or communicates any message or image that is inconsistent with Sponsor's positive image and/or good will with which Sponsor wishes to associate or contains content that violates any rule, law or regulation, the Sponsor reserves the right, at its sole discretion, to disqualify the Grand Prize Winner.
ADDITIONAL RULES: Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled, or illegible entries/registrations; (ii) errors, omissions, interruptions, deletions, defects, delays in operation or transmission, theft or destruction, or unauthorized access to or alterations of entry/registration materials, or for technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to Entrant's or any other person's computer related to or resulting from participating in the Contest. Sponsor reserves the right to: (a) permanently disqualify from the Contest any person it believes has intentionally violated these Contest Official Rules; and (b) suspend, modify or terminate the Contest if Sponsor believes, in its sole discretion that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, or integrity of the Contest.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
PRIVACY AND PUBLICITY:
Except where prohibited, participation in a Contest constitutes an Entrant's consent to Sponsor's use of his/her name, likeness, voice, opinions, biographical information and state of residence for Contest purposes in any media without further payment or consideration. YOUR IMAGE AND MATERIALS MAY BE INCLUDED IN SPONSOR'S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR'S WEBSITE OR SOCIAL MEDIA PLATFORMS.
BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AGREEMENT
- 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 1, "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 (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT AND MISUSE, AND (D) TRADEMARK INFRINGEMENT AND DILUTION.
- 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.
- 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.
- 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.
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.
- Initiation of Arbitration Proceeding. If either you or WDT decide to arbitrate a Dispute, we agree to the following procedure:
- 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").
- 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.
- 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.
- 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.
- Arbitration Fees. DT 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.
- 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: (i) pay you $1,000 or the amount of the award, whichever is greater; (ii) pay you twice the amount of your reasonable attorney's fees, if any; and (iii) 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(d).
- 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.
- 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 (i) your name, (ii) your mailing address, and (iii) 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.
- 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 4; if Section 4 is found to be unenforceable, this entire Arbitration Agreement shall be null and void.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, 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.
WINNERS LIST/OFFICIAL RULES REQUESTS: To receive a list of winners (available after June 30, 2015), or a copy of these Official Rules, send a self-addressed, stamped envelope to be received by July 31, 2015: WD Campus MovieFest Fan Choice Contest Winners, c/o Centra360, 1400 Old Country Road #420, Westbury, NY 11590. Vermont residents may omit return postage. Please specify "Official Rules" or "Winners List" on the outer envelope.
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