Terms and Conditions
DEFINITIONS
"Administrator" means Corporate Rewards Ltd, program administrator
“Employee” is defined as the employee of Reseller that is authorized by Reseller to earn rewards under the Program.
“GDPR” means the General Data Protection Regulation ((EU) 2016/679);
"Participant" is defined as employees of partners of TIM AG who have accepted these Terms and Conditions of Use
"Program" is defined as the NetApp Ducati Incentive and all its component parts.
“Promoter” means TIM AG, whose registered address is Schoßbergstraße 21, 65201 Wiesbaden, Germany
"Website" is defined as https://TIM.netapprewards.com.
These Terms and Conditions of Use apply to the NetApp Ducati Incentive Portal.
ACCEPTANCE OF THE TERMS, RIGHT TO CHANGE TERMS
By accessing, or using any aspect of the
Program or Website, the Participant agrees to be bound by these Terms and Conditions of Use and the terms, conditions, disclaimers and limitations of liability posted in the rewards page by the Administrator on the Website. TIM AG reserves the right to amend or update any of the Terms and Conditions of Use at any time without providing notice to the Participant. By using the Website, the Participant acknowledges that they have read and understood these Terms and Conditions.
CONFIDENTIALITY
These Terms and Conditions and all details about the Program are considered confidential information. Confidential information may not be shared with third parties. Breach of confidentiality may lead to immediate termination of participation and forfeiture of all benefits.
USE OF DATA
TIM AG has subcontracted part of the NetApp Ducati Incentive operations to third parties.
Personal data which Participants provide as part of the Program will be held, used, disclosed and processed by TIM AG and/or third parties for the purpose of administering the Program, issuing prizes and to comply with its legal obligations. Participants also consent to data being transferred and processed outside of the European Economic Area ("EEA"), including in countries that may not guarantee the protection of personal data in a matter identical to that applicable in the EEA where required by TIM AG and/or Corporate Rewards for the purpose of administering the Program.
DATA PROTECTION AND PRIVACY
The Promoter shall act as Data Controller as defined in Data Protection Legislation. The Promoter agrees to comply with their obligations under all applicable legislation. In particular, the Promoter shall share Personal Data with the Administrator for the purposes of administration of the Program, distribution of rewards, communications regarding the Program and other Promoter related marketing as outlined in the Privacy Policy: LINK.
DISTRIBUTOR OBLIGATIONS
Distributors will not use the Program to promote products or services from NetApp competitors.
Distributors are responsible for verifying correct participation of resellers to the Program, ensure that any claims for qualifying activity are approved in a timely manner according to the terms applicable to reseller and monitor the overall activity by its resellers. Distributor is responsible to ensure that the data approved is accurate to ensure incentive rewards are awarded to the correct participants.
NetApp recognizes the Program as a marketing activity eligible for funding through the MDF program, following standard MDF procedures.
TIMING
This Program runs from 1st September 2018
ACCESS TO THE PROGRAM
ELIGIBILITY
This Program is open to Participants who are 18 years of age or older at the time of entry. Employees must obtain the prior permission of their employer to participate in this Program.
The Program and its benefits are offered at the discretion of TIM AG and its affiliated companies, and TIM AG has the right to terminate the Program or to change the Program terms and conditions, rules, benefits, conditions of participation or rewards levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of the Rewards Points already accumulated. It is the Participant’s responsibility to maintain its knowledge of these terms and conditions.
Employees of NetApp, TIM AG, their affiliated companies, advertising agencies, gift suppliers or other representatives, or members of the respective immediate families of such employees and anyone with whom such employees are domiciled are not eligible to participate in the Program.
GENERAL TERMS FOR ACCESS
The login details provided are confidential and may not be shared with third parties.
The Program is offered “as is”. No warranty is offered that the Program will operate uninterrupted.
TIM AG reserves the right to restrict access to the Program effective immediately if any of these terms are breached or any other unauthorised use is detected.
ACCESS FOR RESELLERS
Your Distributor reserves the right to restrict access to the Program effective immediately if any of these terms are breached or any other unauthorised use is detected.
All claims regarding the use of the Program must be addressed to your Distributor.
In any dispute between you and your Distributor regarding your participation in the Program, your Distributor’s decision will be final and binding.
ACCESS FOR DISTRIBUTORS
In any dispute between TIM AG and NetApp regarding your participation to the Program, NetApp’s decision will be final and binding.
ACCESS FOR EMPLOYEES
Access to the Program and the Website is subject to (continued) approval from the Employees employer. As an Employee it is assumed that you have obtained proper internal approval from your employer to join any available Incentive Program.
Employees should discuss any tax consequences of participating in the Program with their employer.
Employers may request the Administrator to terminate your access, as an example when your employment agreement is terminated.
EARNING REWARDS
Rewards awarded to the top performing participants each month based on the criteria as specified below
(i) One 200€ prepaid Mastercard® card to each participant for each qualifying deal closed and claimed during the incentive period to a maximum of 5 deals per quarter.
(ii) one 500€ prepaid Mastercard® card to the participant who closes and claims the biggest NetApp deal during the previous quarter. The deal must include the sale of at least 1 Express Pack to qualify. Total of 3 available during incentive term.
(iii) one 500€ prepaid Mastercard® card to the participant who sells and claims the most Express Packs during the previous quarter.
Incentives (ii) and (iii) are not cumulative, if an individual has sold the biggest deal and the most Express Packs in the quarter, the participant will only be eligible for (ii).
Deal eligibility
· Order date must not be prior to 29th October 2018
· Supported products are: AFF, EF all-flash, HCI Express Pack
· Each Deal must include at least the sales of 1 Flash Express Pack or HCI Express Pack
· Claim must be submitted online for every qualifying solution (1 claim submission per deal closed)
Quarters are defined as NetApp’s Fiscal Quarters:
Fraudulent use of accounts and claims on Participant’s accounts will result in the account being immediately suspended. Fraudulent activity may result in the termination of the Participant’s account and the Participant will no longer be eligible for reward.
PREPAID CARDS
All prepaid cards must be activated prior to use online atwww.perxreward.com. The participant will be able to manage their card from their account including getting balances and recent transaction history.
The amount the participant can load onto a card is up to a maximum amount of €2,500/£2,500
Detailed instructions on how to use a Prepaid Non-Reloadable Card are found on the Website www.perxreward.com. The participant will need to follow these instructions when using a Prepaid Card. The issuer will deduct the value of all transactions from the balance on a Prepaid Non-Reloadable Card as soon as they are made. The issuer will also deduct any applicable fees as soon as they become payable by the participant, see the issuer’s Fees section below for details of the fees. The Prepaid Non-Reloadable Card belongs to the issuer.
The issuer do not charge any fees for checking an on-line balance and transactions. However, the following fees do apply:
Fee Description | Amount | Frequency | Additional Information |
Customer service telephone enquiries | Local Call Rate Per Call | ||
Card Maintenance Fee | €3/£2 | Per month | After 12 months from card load |
Lost / Stolen Replacement Fee | €7.50/£7.50 | Per card | |
Redemption / Refund Fee | €10.00/£10.00 | Per account | |
Merge Card Fee | €5.00/£5.00 |
If the issuer decide to increase or impose any new fees, they will notify the participant by at least two months before any changes take effect by posting the change to the issuer’s website.
Authorisation will be requested for all transactions at the time of each transaction. In the unlikely event, for any reason whatsoever, a transaction is completed when there are insufficient funds on the Prepaid Non-Reloadable Card for that transaction (a "Shortfall"), the Shortfall shall be reimbursed by the participant unless it is due to an error on the part of the retailer where the Prepaid Non-Reloadable Card was presented, in this circumstance the issuer may seek the Shortfall from the retailer.
The participant agrees that once the issuer make this Shortfall known to them, the issuer may charge the participant for the Shortfall amount. The issuer may charge the amount of the shortfall from any other Prepaid Non-Reloadable Cards that the participant hold with the issuer, to any other payment method which the participant may designate at that time.
The participant acknowledges that the Card Issuer retains participant data and have the right to suspend the prepaid card service in the event of such an instruction being made by the Regulatory Authority or if mis-use or fraudulent activity is suspected. There is no liability for direct or indirect losses as a result of suspension of the prepaid card service.
If the participant is no longer eligible to participate in the Programme for whatever reason the participant has 30 days in which to use the funds after which The Administrator will remove funds from the card.
The participant must advise The Administrator immediately on becoming aware that any prepaid card has been lost or stolen. Cards declared as lost in transit which have not been activated will be replaced by The Administrator.
Once a card is activated all risk for the funds on the card passes to the individual participant. In the event of a lost or stolen card the participant can block a card immediately by logging onto the participant’s account and placing a block on the account. The participant may also contact the issuer without undue delay to report the prepaid non-reloadable card lost or stolen or if the participant thinks a transaction has been incorrectly executed by calling the issuer on their 24 hour lost and stolen card helpline +353 (0)1 255 7111 or by sending an email to info@perxreward.com. In order to report a transaction this way the participant MUST know the 16-digit card number.
The issuer will refund any incorrectly executed transaction immediately unless the issuer have any reason to believe that the incident has been caused by a breach of the user’s agreement, gross negligence or the issuer have reasonable grounds to suspect fraudulent activity, however the participant will bear the loss, up to €50 in total, if the transaction results from the use of a lost or stolen card.
In the case of mis-use or fraudulent activity of a prepaid card service, the participant acknowledges that it must comply with all requests for data or actions to be taken as given by The Administrator, the Card Issuer or any legal or regulatory body.
Substitution
No alternative reward is available.
Delivery
The delivery of rewards will be made within 28 days of notification unless otherwise stated on the website or by email communication.
The delivery of reward will be made to the address as supplied by the Employee at the time of registering on the Program.
OTHER
Program termination
TIM AG or The Administrator reserves the right in its sole discretion to cancel or suspend the Program at any time.
Participants will be given written notice of Program termination and no further rewards will be issued. Any prepaid Mastercard® cards already issued will continue to remain active and may be used with the Mastercard® terms and conditions.
Tax
Some prizes and rewards may be considered a taxable benefit to the recipients and may give rise to tax or National Insurance or other local tax implications.
The Promoter, at its own discretion, will pay the tax liability arising on rewards on behalf of resellers.
The Promoter retains the right to withdraw this Taxed Award Scheme in the future and if this situation arises then employees will be given notice of this change. There is not an employee contractual right in this respect.
General
TIM AG and/or The Administrator cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party.Participants in this Program agree that NetApp, TIM AG and The Administrator will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a prize, or from participation in this promotion.Nothing in this clause shall limit NetApp’s, TIM AG’s or The Administrator’ liability in respect of death or personal injury arising out of its own negligence or arising out of fraud.
This Program is administrated by Corporate Rewards Ltd
Promoter: TIM AG, Schoßbergstraße 21, 65201 Wiesbaden, Germany
