Terms and Conditions
Terms and Conditions
THIS PROGRAM IS NOT OPEN TO THE GENERAL PUBLIC. YOU MUST BE LEGAL AGE OF MAJORITY AND BE EMPLOYED BY EITHER WD OR A WD AUTHORIZED DISTRIBUTOR OR RESELLER TO PARTICIPATE AND WIN REWARDS PRIZES. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO PARTICIPATE OR WIN. A PURCHASE OF WD PRODUCTS DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED.
The WD University Program (the "WDU Program"), offers eligible participants who view on-line training modules ("WD Training Modules") on select WD products ("WD Products") and periodically complete quizzes on such WD Products (each a "Product Quiz") the opportunity to (i) receive rewards points, which can be redeemed for select prizes ("Rewards Prizes") and (ii) qualify to win a monthly prize (a "Monthly Prize" and collectively with Rewards Prizes, the "Prizes"), each pursuant to these WDU Program terms and conditions ("Terms & Conditions"). These Terms & Conditions govern the WDU Program and WD's relationship with eligible participants of the WDU Program. Participation in the WDU Program and use of WDU Program website ("Site"), are subject to these Terms & Conditions. These Terms & Conditions supersede all previous promotional rewards and loyalty program terms and conditions, rules, regulations, policies and procedures that may have previously been in effect with respect to the subject matter herein.
By registering, you acknowledge and agree that:
a) You have read, understood and accepted these Terms & Conditions; and
b) All information provided by you in the registration process is accurate and complete.
a. General. The WDU Program is only open to any individual, who has reached the legal of age of majority in his or her state, province, territory, or country of residence at the time of registration, and who is currently employed by Western Digital Technologies, Inc. and its subsidiaries (collectively, "WD") or anyone currently employed in a sales capacity with a WD authorized reseller in the Pan American, EMEAI, LATAM and/or APAC regions (collectively, "Eligible Participants"). All federal, state, provincial and local laws and regulations apply.
b. Rewards Prizes Eligibility. Subject to the limitations and restrictions set forth in these Terms & Conditions, all Eligible Participants are eligible to receive and be awarded Rewards Points (as defined below) and use such point to redeem Rewards Prizes.
c. Monthly Prize Eligibility. Eligibility for Monthly Prizes is limited to those Eligible Participants that are not employees of WD, and its advertising and production agencies, and other companies directly involved in the operation of the drawings or the selection of the winners (including their immediate families and household members) for the Monthly Prize (the "Monthly Prize Participants"). A Monthly Prize Participant may not participate in a drawing if doing so is prohibited by any applicable law. A Monthly Prize Participant will be eligible to submit an entry for the Monthly Prize by completing WD Training Modules on select WD Products, taking a Product Quiz on such WD Product, and achieving a 100% on such Product Quiz (such score, a "Qualifying Score" and such entry, a "Qualifying Monthly Entry").
II. PRIZES AND TAXES
a. Rewards Prizes
i. Earning WDU Program Rewards Points. Eligible Participants will earn WDU Program rewards points ("Rewards Points") by completing WD Training Modules on select WD Products, taking a Product Quiz on such WD Product and achieving a Qualifying Score on such Product Quiz. A Product Quiz may be taken multiple times to achieve a Qualifying Score, but an Eligible Participant will only receive One (1) Rewards Point per Product Quiz, which will only occur the first time he or she achieves a Qualifying Score on a Product Quiz. The number of Product Quizzes available to be taken on the Site at any time shall be determined by WD in its sole and absolute discretion.
b. Maximum Points
i. Rewards Periods. Each Eligible Participant may only be awarded a maximum of four hundred (400) Rewards Points ("Maximum Points") during any Rewards Period (as defined below). Subject to the term of this WDU Program, the initial rewards period shall be from March 1, 2012 through December 31, 2013 (the "Initial Rewards Period") and each subsequent rewards period shall be consecutive two (2) year periods beginning on January 1, 2014 (collectively, with the Initial Rewards Period, the "Rewards Periods"). An Eligible Participant that has received Maximum Points during any Rewards Period may continue to complete WD Training Modules and take Product Quizzes, but shall not receive any additional Rewards Points if he or she achieves a Qualifying Score on such Product Quizzes. An Eligible Participant's Rewards Points balance may never exceed the Maximum Points amount at any time. If an Eligible Participant's Rewards Points balance has reached the Maximum Points amount, he or she will not be able to earn additional Rewards Points until he or she has redeemed a sufficient number of his or her Rewards Points.
ii. Redeeming WDU Program Rewards Points; Rewards Points Required. An Eligible Participant may redeem Rewards Points for such available Rewards Prizes at the time of redemption, if the Eligible Participant has the minimum number of Rewards Points required by WD for such Rewards Prize. The Rewards Points required to redeem a Rewards Prize shall be determined by WD and may change from time to time, in WD's sole discretion. Rewards Prizes will be mailed to the mailing address provided by the redeeming Eligible Participant.
iii. Non-transferability of Rewards Points; Other. Rewards Points are not transferable. Rewards Prizes are subject to availability and may change throughout the term of the WDU Program. Some items may not be available at the time of redemption and substitutions may be made based on availability or market conditions. Rewards Prizes may take weeks or months to arrive. WD reserves the right to modify the merchandise available in the rewards catalog at any time and without notice. Rewards Points will not be awarded to Eligible Participants that have not complied with all of these Terms & Conditions, as determined by WD in its sole discretion
iv. Program Operator. The WDU Program Rewards Points and Rewards Prizes are operated by Whapps, LLC, a limited liability company, dba Online-Rewards ("Program Operator"), located at 3102 Maple Ave, Suite #450 Dallas, Texas 75201. You acknowledge and agree that when you elect to redeem your Rewards Points, you will be directed to the Program Operator's internet site, and be subject to its terms and conditions, which can be found at http://rewards.wduniversity.com ("On-line Rewards T&Cs"). Subject to these Terms & Conditions, the On-line Rewards T&Cs shall govern, among other things, how shipping and handling for Rewards Prizes will be handled as well as the selection and categories of Rewards Prizes available.
c. Monthly Prizes.
i. Selection and Conditions. One Monthly Prize winner from each of the Pan American, EMEAI, LATAM, and APAC regions (the "Monthly Prize Winners") will be selected in a random drawing from Qualifying Monthly Entries from each such region every month. A Product Quiz may be taken multiple times to achieve a Qualifying Score, but a Monthly Prize Participant will only be eligible to have one Qualifying Monthly Entry per Product Quiz, which will only occur the first time he or she achieves a Qualifying Score on such Product Quiz. A Monthly Prize Participant may have multiple Qualifying Monthly Entries for a Monthly Prize, if he or she is able to achieve a Qualifying Score on multiple Product Quizzes in a given month. The number of Product Quizzes available to be taken on the Site at any time shall be determined by WD in its sole and absolute discretion. A Monthly Prize Participant's odds of winning a Monthly Prize drawing in a region and receiving the Monthly Prize for such region depends on the number of Qualifying Monthly Entries received every month in such region. All completed Product Quizzes must be received by WD by 11:59 p.m. Pacific Standard Time on the last day of a calendar month to be eligible for such month's Monthly Prize drawing. Only Monthly Prize Participants who register with a valid street address are eligible to participate in the drawings. WD shall, in its sole and absolute discretion, determine what the Monthly Prize is for each Monthly Prize drawing. Monthly Prizes may vary from region to region and drawing to drawing. No substitution of Monthly Prizes is permitted, except as otherwise determined by WD in its sole and absolute discretion.
ii. Drawing; Redemption of Monthly Prize. All drawings will be conducted by WD and all Monthly Prize Winners will be selected by WD in its sole and absolute discretion. All decisions by WD are final and are not subject to review. WD will notify each Monthly Prize Winner via e-mail or telephone (as determined by WD), and each Monthly Prize Winner's receipt of a Monthly Prize will be subject to WD's verification of the Monthly Prize Winner's eligibility and mailing address. If a Monthly Prize Winner cannot be contacted via email or telephone, or if WD is unable to confirm his/her eligibility and mailing address within seven (7) days of notification, an alternate Monthly Prize Winner will be selected from the remaining eligible Monthly Prize Participant entries and the original Monthly Prize Winner shall forfeit and waive all of his/her rights to any Monthly Prize. Any Monthly Prize notification or Monthly Prize returned as undeliverable will be forfeited and awarded to an alternate Monthly Prize Winner and the original Monthly Prize Winner shall waive all of his/her rights to such Monthly Prize. Monthly Prizes will be mailed to the mailing address provided by the Monthly Prize Winner.
d. General; Determination.
WD shall be entitled to change the number of Rewards Points awarded to Eligible Participants for Qualifying Scores, and to change what constitutes a Qualifying Score, at any time. WD's decisions as to whether an Eligible Participant achieves a Qualifying Score, and how many Rewards Points such Qualifying Score may earn, are final and are not subject to dispute for any reason, except at WD's sole discretion. WD reserves the right to correct any Rewards Points posted in error.
EACH ELIGIBLE PARTICIPANT RECEIVING REWARDS POINTS AND/OR RECEIVING REWARDS PRIZES AS WELL AS EACH MONTHLY PRIZE WINNER IS RESPONSIBLE FOR ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL, FOREIGN OR OTHER TAXES AND APPLICABLE DISCLOSURES AND REPORTING RELATED THERETO ASSOCIATED WITH SUCH PERSON'S RECEIPT OF REWARDS POINTS AND ACCEPTANCE AND/OR USE OF THE PRIZES. PRIZES ARE NOT TRANSFERABLE AND THERE IS NO CASH ALTERNATIVE.TO THE EXTENT REQUIRED BY APPLICABLE LAWS, EMPLOYEES OF WESTERN DIGITAL TECHNOLOGIES, INC. AND ALL OF ITS SUBSIDIARIES THAT PARTICIPATE IN THE WDU PROGRAM MAY BE SUBJECT TO ADDITIONAL INCOME TAXES ON THE EQUIVALENT RETAIL OR MARKET VALUE OF PRIZES THEY HAVE RECEIVED.
III. MODIFICATION, CANCELLATION, AND TERMINATION
The WDU Program has no predetermined termination date and may continue until such time as WD, in its sole discretion, elects to designate a WDU Program termination date. WD has the right to terminate the WDU Program by providing notice on the WDU Program website located at http://www.wduniversity.com . WD may terminate the WDU Program without such notice, in whole or in part, in any jurisdiction(s), if required to do so by applicable law. WD reserves the right to revoke, cancel, or suspend any Prizes and/or any and all unredeemed Rewards Points, or take other action at its sole and unfettered discretion, in cases of: (1) violation of these Terms & Conditions by an Eligible Participant; (2) fraud or abuse involving the WDU Program, Rewards Points earning, or Rewards Prizes redemption by an eligible Participant; (3) misrepresentation of any information or any misuse of this WDU Program; (4) violation of any national, state, or local law or regulation in connection with the use of WDU Program privileges; (5) maintenance of more than one active account registration per Eligible Participant; or (6) action, in any other way, to the detriment of the WDU Program or WD; all as may be determined by WD in its sole discretion. Discontinued, revoked, or terminated membership will result in the loss of all accumulated but unredeemed Rewards Points and the termination of the Eligible Participant's registration into the WDU Program. If WD terminates an Eligible Participant's registration into the WDU Program for any reason, such terminated Eligible Participant will not be eligible for a Monthly Prize and may not reregister, and any unredeemed Rewards Points earned by such terminated Eligible Participant shall be forfeited upon discovery.
IV. USE OF SITE
Links to third party websites from the Site are provided. If you use these links, you will leave the Site. WD has not reviewed all of these sites or their content. WD does not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at their own risk.
V. COMMUNICATIONS; USE OF DATA
a. By registering in the WDU Program, you authorize WD to communicate with you via various communication channels (including, without limitation, e-mail, post mail, telephone communication, and any other means of communication utilized by the WDU Program). In addition, you agree that, and expressly consent that, except where prohibited, WD may use your name and likeness for publicity purposes (including, without limitation, advertising or internet usage) without compensation.
a. THE WDU PROGRAM AND THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF ANY THIRD PARTY RIGHTS.
b. WD does not warrant or make any representation regarding the quality, validity, accuracy, or completeness of the WDU Program, or that your use of the Site will be uninterrupted or error-free, or that the Site is free from any viruses or other harmful mechanisms.
c. WD may make changes to this WDU Program, the Site, and services related thereto, or to the information described therein, at any time without notice.
VII. LIMITATION OF LIABILITY
a. BY REDEEMING A REWARDS PRIZE OR ACCEPTING A MONTHLY PRIZE, YOU AGREE THAT WD AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJUIRES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WTH REGARD TO THE WDU PROGRAM OR THE PRIZES.
b. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY PRIZES; (B) THEFT OR UNAUTHORIHIZED REDEMPTION OF REWARDS POINTS OR PRIZES CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF WD, THE RELEASED PARTIES, OR THEIR REPRESENTATIVES AND AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D) ANY ERRORS PUBLISHED IN RELATION TO THE WDU PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS AND ERRORS OF DESCRIPTION. WD RESERVES THE RIGHT TO CORRECT ANY ERRORS WITHOUT NOTICE.
c. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND WD'S CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, WEATHER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE WDU PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR WDU PROGRAM ACCOUNT OF REWARDS POINTS IN AN AMOUNT NO GREATER THAN THE NUMBER OF REWARDS POINTS AT ISSUE.
d. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE TERMS & CONDITIONS, THE PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME COUNTRIES, STATES, REGIONS AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE, REGION OR PROVINCE – CHECK LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
e. THIS SECTION WILL SURVIVE TERMINATION OF AN ELIGIBLE PARTICIPANT'S PARTICIPATION IN THE WDU PROGRAM.
VIII. MISCELLANEOUS TERMS; GOVERNING LAW
a. WD's failure to enforce any right or provision of these Terms & Conditions does not constitute a waiver of that right or provision. WD may revise the Terms & Conditions by posting the revised Terms & Conditions on the Site. Your continued use of the Site after the posting of any changes to these Terms & Conditions constitutes your acceptance of those changes. To view the most current version of these Terms & Conditions at any time, click on the "Terms & Conditions" link available on the Site.
b. All questions or disputes regarding these Terms & Conditions will be resolved by WD in its sole discretion.
c. WD reserves the right to review, retain, and/or disclose any information that it collects from you through the WDU Program as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
d. Access to some content accessible from the Site is password controlled. You are solely responsible for maintaining the confidentiality of your user ID and password and access to your account, and you are solely responsible for all activities that occur under your user ID and password
e. You shall immediately notify WD of any unauthorized use of your ID, password, or account. WD will not be liable for any loss that you may incur as a result of someone else using your user ID and password, or your account.
f. The WDU Program, the Site, and these Terms & Conditions are governed by the laws of the State of California, U.S.A., without regard to conflict of laws provisions. Any legal proceeding whether on the basis of contract, tort, or on any other basis arising out of the use of, or in connection with, the WDU Program, the Site, or these Terms & Conditions must be brought exclusively in a court of competent jurisdiction in Orange County, California, U.S.A.
g. Prizes are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the U.S.A. or any Eligible Participant's country of residence. If, for any reason, a court of competent jurisdiction finds any provision of these Terms & Conditions to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of these Terms & Conditions, and the remainder of these Terms & Conditions will continue in full force and effect. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the WDU Program, shall be resolved individually, without resort to any form of class action.
h. Translation of these Terms & Conditions in different languages may be published from time to time. The English language version has legal precedence over all other versions.
IX. WD'S ADDRESS:
Western Digital Technologies, Inc., 3355 Michelson Drive, Suite 100, Irvine, California 92612