One Percenters 2023
Terms and Conditions

1. General

1. The Tech Data One Percenters Program (the “Program”) is jointly managed and conducted by Tech Data Australia New Zealand – ABN 77 107 656 833 of L3, 67 Epping Road, North Ryde, NSW, 2113 (“Tech Data”) and IBM Australia New Zealand and the Partner’s participation in the Program shall be governed by these terms and conditions (the “Terms”).
2. By participating in this Program, the Partner hereby accepts these terms. The Partner further confirms that its participation in the Program or acceptance of any awards and/or benefits therein do not violate any local laws, rules, regulations or the internal rules and regulations of their company.
   In furtherance to this, only Partners who are eligible as per the contents of section II ‘Partner Eligibility’ shall qualify to participate in the Program.
3. The Partner and their employees shall at all times comply with applicable anti-corruption laws (including the United States Foreign Corrupt Practices Act) and any other applicable law or regulation and shall not offer, pay, promise to pay or authorize the payment of money or any other thing of value to any person with the corrupt intent to influence such person in an effort to obtain or retain business.
4. Nomination submissions shall be open from 23^rd August to 2^nd October 2023 (“Nomination Period”), unless otherwise confirmed in writing.
5. Total Prize value is $30,000 AUD (the “Prize”). The Prize will be awarded within 6 months (unless otherwise confirmed in writing) of notification to the winner at the conclusion of the Program and based on Proof of Execution (PoE) and provided invoices. The Prize is not transferable or exchangeable. Please refer to section V ‘Prizes’ for further information.
6. Tech Data shall have no liabilities in relation to the Prize beyond disbursing the Prize Pool funds of $30,000 AUD to the winning Partner and the Partner shall not approach or hold Tech Data liable for any costs, losses, damages, complaints or grievances arising out of the Program.
7. Winners may be liable to declare the prize for taxation purposes and will be liable for any tax payable in respect of a prize. Partners should seek independent financial advice in relation to any tax payable on any prizes and the potential impact on their business or personal financial situation prior to entering the Program.
8. Tech Data offers no taxation advice and accepts no taxation liability to claimants or their employers arising from or in connection with promotions or any similar incentive, loyalty or reward programs.
9. In addition to these Terms, this Program shall also be governed by Tech Data’s standard Privacy, Terms & Conditions.
10. The Partner confirms that nominations shall not include any information considered confidential or proprietary to the Partner or any other party.
11. Nominations saved as a draft or submitted after 5:00 pm AEST on 2^nd October 2023 (or after the extended date provided in writing) will not be judged.
12. All nominations must be submitted via the One Percenters Entry Form.
13. Tech Data’s decisions shall be final and binding. Tech Data reserves the right to modify or eliminate categories and the stated procedures and/or criteria in whole or in part at any time without notice.
14. Tech Data reserves the right to modify these terms and conditions without the notice.
15. In the event that an Applicant’s Entry is successful and they are chosen as a FINALIST or WINNER, they grant Tech Data the non-exclusive and perpetual right, but not obligation, to publicise and reproduce the FINALIST & WINNER business name and/or logos in connection with the development and/or publication of any marketing or promotional material relating to the Program at no cost.
16. The FINALISTS & WINNER further agrees to fully co-operate with Tech Data by making senior representatives available for interviews, statements, filming, voice recordings and photographs which materials the Winner consents to Tech Data adapting, reproducing and publishing in printed, electronic and online/social media for internal and external promotional purposes in connection with the Program (including future years) without compensation to the Winner.
17. The FINALISTS & WINNER unconditionally consent to any act or omission that would otherwise infringe any of their moral rights in the materials referenced above and agrees not to institute any claim or proceedings for infringement of their moral rights.
18. To the maximum extent permitted by law, Tech Data expressly disclaims liability for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained in connection with any participant’s participation in this Program or the acceptance or use of any Partner indemnifies Tech Data against any liability, injury, loss or damage which may be suffered, incurred or sustained by any member arising out of, relating to, or in any way connected with, any act or omission (including negligence) by the Partner or its employees, agents or representatives by virtue of participation in the Program, or its use of the Prize, or breach of these Terms.
19. The Partner shall fully cooperate with all directions provided to them in regard to all COVID-19 safety measures put in place by Tech Data and its affiliates. If Partner or any of their representatives or employees refuses to comply, they will not be eligible to participate in this Program any further, and, subject to Tech Data’s sole discretion and judgement, Tech Data may nominate another finalist in their place.
20. The Partner hereby agrees to participate in one of the following options if requested by Tech Data, and confirms that there is no agreement in place which would prohibit the entry of the data (e.g., considered a trade secret or prohibited by a Nondisclosure Agreement - NDA).
    1. Advertising
    2. C-Level Executive Phone Call
    3. Client Phone Call
    4. Client Visit
    5. External Presentation Slide
    6. Reference in Proposal
    7. Speaker at Event
    8. Success Story/Case Study
    9. Talk to Broadcast Media (TV/Radio)
    10. Talk to Consultant/Analyst
    11. Talk to Press (Press Article/Press Release)
    12. Video Testimonial, Podcast or Webinar
    13. White Paper/Thought Leadership
    14. Participate in Tech Data Survey
    15. Participate in Social Media Activities
    16. Application Brief
    17. News/Magazine Articles
21. The Partner confirms that no personally identifiable information for clients may be entered into the database to ensure compliance with data privacy regulations and laws.
22. If you have questions or require additional information, please contact: dorota.martinez@techdata.com or colin.pont@techdata.com.

2. Eligibility

All Partners (“Applicant”) shall adhere to the following in order to be eligible for participation in the program (“Eligible Applicant”):

1. The competition is open to all existing or prospective Tech Data Partners, including MSPs, ISVs, service integrators and resellers, who want to build, are building or have delivered a commercially and technically viable solution that solves a specific problem or opportunity for customers. The solution can be just an idea, be in the design stage, or already launched in the market.
2. Solution nomination submissions must include at least one product from the IBM software, or power & storage portfolio.
3. IBM & Tech Data reserves the right to decline any nomination or rescind any award for any Business Partner that does not remain in good standing with their IBM Business Partner Plus program & Tech Data Business Partner agreements.
4. Tech Data and IBM reserve the right to disqualify an entry and/or withhold a grant if they form the reasonable opinion at any point in time that: 
   1. The Applicant is not an Eligible Applicant;
   2. The information the Applicant has provided is deficient, false or misleading;
      The Applicant (or its representative) is unable to participate in areas outlined in Section 1(p)

1. To enter the Program, an Eligible Applicant must, during the Application Period:
   1. Visit the One Percenters site
   2. Complete the online application in full, including accepting these Terms;
   3. Submit the Entry (the “Entry”).
2. Once submitted, Entries cannot be amended or supplemented.
3. Tech Data and IBM acknowledge that an Entry may contain confidential information. We will ensure that only our selection group (comprised of both select Tech Data, IBM and selected external agencies staff) will be authorised to view the content of an Entry.

4. Prize

1. At the completion of the “One Percenters” Live event in Sydney, the judges will announce the Major Prize Winner at the conclusion of the event.
2. Major Prize: $30,000 AUD marketing funding that must be used to design or execute GTM activities to promote the winning solution. The activities must include one or more of the below:
   
   
   1. Go-To-Market Strategy developed via a third party to ideate, build and execute a go-to-market strategy for your winning solution that will assist you in identifying and converting opportunities for your company and winning solution.
   2. Creative assets including copy and visuals to help you promote the winning solution on social media, in relevant channel media and /or via direct marketing and sales communications to your existing and prospects customers. This can include a video or written case study of your solution, an email, landing page, press releases, thought leadership materials and / or social posts.
   3. Booth and /or speaking spots at mutually agreed events (and associated assets required for the event) to promote the solution during the event.
   4. Telemarketing campaign to create leads and drive demand for the winning solution.
3. Transferring the Prize: Tech Data will transfer the funds to the winning Partner once satisfactory Proof of Execution (PoE) is provided to Tech Data. PoE must include invoices paid to a third party (such as marketing & consulting agency selected by the winner). Depending on the selected GTM activities, the PoE shall also include visuals of produced assets, links to published assets, pictures from events, GTM strategy developed via a third party, and/or telemarketing script.
4. The prize up to $30,000 AUD will be transferred in accordance with the provided and qualifying invoices. Unused funds are not transferable or exchangeable.
5. All assets that use IBM logo must be designed in line with IBM brand guidelines and appropriate approvals must be received from IBM prior to publicising the assets.
6. The above promotional activities must be executed and the PoE provided within 6 months (by 2^nd May 2024), or mutually agreed date in writing from Tech Data, after the winner is announced for the prize to be transferred.
7. To receive the prize, the winner must be an IBM Business Partner Plus and Tech Data signed partner. 
8. All business opportunities created as the result of the marketing funding related to the One Percenters campaign, must be entered via the IBM Partner Portal; Tech Data must be tagged as a nominated distributor for these opportunities.
9. Other prize inclusions listed below are provided and supported by IBM and Tech Data, however, are not guaranteed and will depend on the availability of these listed items and the winning solution when requested by the winner at the conclusion of the event up until 6 months post the winners announcement on 2^nd November 2023.
   1. Invitations to speak / share your solution at relevant global and local IBM events to grow your exposure.
   2. Direct introductions and facilitated networking opportunities to account executives, sales leaders, partners and prospective customers across the Tech Data and IBM eco-system.
   3. During and post event PR – including industry recognised One Percenters winner badge for to use on your own site, social media, presentations, and emails.