Tech Data One Percenters 2022 – Terms & 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 Partner’s participation in the Program shall be governed by these terms and conditions (the “Terms”).

2. By participating in this Program, Partner hereby accepts these terms. 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 22^nd August to 23^rd September, 2022 (“Nomination Period”).

5. Total Prize value is $30,000 AUD (the “Prize”). Prizes will be awarded within 28 days of notification to the winner at the conclusion of the Program. The Prize is not transferable or exchangeable. Please refer to section V ‘Prizes’ for further information

6. The Prize will be managed by Rocket Science Strategic Services and the Partner shall liaise with Rocket Science Strategic Services as further set out in section 4 ‘Prizes’.

7. Tech Data shall have no liabilities in relation to the Prize beyond disbursing the Prize Pool funds of $30,000 AUD to Rocket Science Strategic Services and the Partner shall not approach or hold Tech Data liable for any costs, losses, damages, complaints or grievances arising out of the Program.

8. 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.

9. 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.

10. In addition to these Terms, this Program shall also be governed by Tech Data’s standard Privacy, Terms & Conditions.

11. Partner confirms that nominations shall not include any information considered confidential or proprietary to Partner or any other party.

12. All submitted nominations are considered without exception, nominations saved as draft or not submitted by 23^rd September, 2022 at 5:00 PM AEST will not be judged.

13. Improperly submitted or incomplete nominations will not be “Placeholder” submissions are not allowed.

14. All nominations must be submitted via https://info.techdatacloud.com.au/submissions

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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

22. Partner confirms that no personally identifiable information for clients may be entered into the database to ensure compliance with data privacy regulations and laws.

23. If you have questions or require additional information, please contact: james.bright@techdata.com or ivan.hecimovic@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. Business Partners submitting an entry must have a current trading account with Tech Data.

2. Existing or prospective IBM, Thales and Red Hat Business Partners including all IBM Business Partners who are members of the IBM PartnerWorld Program - Registered, Silver, Gold or Platinum - shall also be eligible to participate

3. Solution nomination submissions must feature and include 1 or more from the IBM Products & Solutions Portfolio – CLICK HERE to learn more

4. 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 PartnerWorld or IBM & Tech Data Business Partner agreements.

5. Only 1 Solution nomination submission can be entered PER Business Partner.

6. 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)

3. Entry Process

1. To enter the Program, an Eligible Applicant must, during the Application Period:

1. Visit Tech Data and IBM One Percenters (techdatacloud.com.au) (The Tech Data One Percenters Site)’
2. Complete the online application in full, including accepting these Terms;
3. Complete in full the form fields outlined on the page; and
4. 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. Prizes

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: Marketing support from Rocket Science Strategic Services to the value of $30,000 AUD, which at the winners and agency's discretion could include some of, but not limited to the following:
   
   1. Raising Your Profile: Rocket Science will help you promote your solution in relevant industry publications and websites. This includes an interview with the winners and the write-up of the story.
   2. Creative Toolkit: Rocket Science will create a suite of creative assets including copy and visuals to help tell your story on social media. This includes a video case study of your solution, an email, and social posts.
   3. Go-To-Market Strategy Development: Rocket Science will assist 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.
3. Other prize inclusions listed below are provided and supported by IBM, Tech Data, Red Hat, Thales however may not be 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 10^th November, 2022.
   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 (and Red Hat and Thales eco-systems as relevant).
   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