Terms and conditions of the incentive scheme

 

  1. ORGANISER OF THE INCENTIVE SCHEME

The company Micro Focus Limited whose registered address is The Lawn, 22-30 Old Bath Road, Berkshire, RG14 1QN (hereinafter, “Micro Focus”), is the organiser of the international scheme to incentivise sales of Data Protector, aimed at Micro Focus partners’ sales staff of legal age in accordance with the terms and conditions set out below.

 

  1. START AND END DATES

The incentive will take place from 01/02/2022 to 31/07/2022. All completed entries must be submitted using the promotion web form by 31/07/2022 – No Exceptions

 

  1. ELIGIBILITY AND OPERATION OF THE INCENTIVE SCHEME

The requirements to take part are as follows:

  • The promotion is open to certified partners of Micro Focus registered in the Micro Focus Partner Programme as a “Gold” or «Platinum» Partner (hereinafter, “Partners”).
  • Only Partners who opt to fill in the data of their specific opportunities both on the specific incentive scheme page and in Sales Force where they will be verified may take part in the scheme.
  • The personal data that Partners fill into the registration form must be complete and accurate.
  • Partners may register each Opportunity only once.
  • For these purposes, an «Opportunity» is defined as a sale opportunity of Micro Focus Data Protector licenses with a net licence value equal to or higher than US$10,000 (value of support not included) in a particular Region (see section 4 for details).  Data Protector value (to Micro Focus, after channel discount) must be US$10,000 or more to qualify for this promotion.
  • One reward per end user customer. Partners can win multiple times provided they are for different end user customers.
  • Partners cannot register the same Opportunity in different Regions.
  • Incentives only apply to net new Opportunities registered by the Partner. Opportunities with companies already opened by Micro Focus are not eligible for the campaign.
  • The incentive requires registration of the Opportunity and certification levels associated by the Micro Focus scheme channel: Partners wishing to access the incentive must have at least “Gold” status and the certifications associated with this level in the Data Protector product group in the scheme channel.
  • The Opportunity must be carried out with Micro Focus. Opportunities belonging to an OEM agreement are excluded from this incentive scheme.
  • Data about opportunities entered will be confirmed and transferred to the Micro Focus database.
  • Under the incentive scheme mechanism, Partners selling the Data Protector enter all qualifying Opportunities opened during the period established in section 2. At the end of the incentive scheme period, Micro Focus will verify which Opportunities have been billed in the Micro Focus (Sales Focus) system. Opportunities billed which comply with the terms and conditions set out hereunder will receive the incentive award described below.

 

  1. CONDITIONS OF THE INCENTIVES AND REWARDS SCHEME

This incentive scheme consists of recording each Data Protector Opportunity opened by Partners since 01/02/2022. On 31/07/2022, the Opportunities registered in www.dataprotector-win.com , will be compared with those billed in the period between 01/02/2022 and 31/07/2022 by Micro Focus (Sales Force) internal systems and will be arrange chronologically referring to moment when they were registered in the site above. The first to register and close the opportunity during the campaign period, and entered in www.dataprotector-win.com wich comply with the terms and conditions set out hereunder, will be reawarded as follows:

Opportunity net license value (in US$) Amazon Gift Card Reward

(in US$)

# of Rewards
10,000 – 25,000 200 First 5 Opportunities in each Region
25,001 – 50,000 500 First 5 Opportunities in each Region
50,001 – 100,000 1,000 First 2 Opportunities in each Region
100,001 or more 1,500 First Opportunity in each Region

There are 5 regions comprising the following countries:

  • Region 1: France, Belgium, Luxembourg
  • Region 2: Brazil, South Africa, United Arab Emirates, Saudi Arabia, angola, Benin, Botswana, Cameroon, Chad, Ethiopia, Ghana, Kenya, Mozambique, Nigeria, Senegal, Tanzania, Uganda, Zambia, Zimbabwe, Rwanda, Czech Republic (CZ), Slovakia (SK), Hungary, Romania, Bulgaria, Croatia, Slovenia, Albania, Malta, Macedonia, Poland, Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan
  • Region 3: United Kingdom, Ireland
  • Region 4: Germany, Austria, Switzerland
  • Region 5: Netherlands, Sweden, Denmark, Norway, Iceland, Finland, Estonia, Lithuania, Latvia, Spain, Portugal, Andorra, Gibraltar, Italy, San Marino, Vatican, Greece, Cyprus

Amazon gift cards are applicable solely to the Amazon domain where they are purchased. Participants are therefore invited to choose the Amazon domain where they would like us to acquire their gift card/s. Please note that certain manufacturers and products available from Amazon are only deliverable to certain geographic areas or are only sold in certain Amazon domains.

              Important information about shopping on Amazon

              Countries with sanctions or embargoes: It is not possible to ship to the following countries: Crimea, Cuba, Iran, Iraq, Syria, North Sudan, South Sudan and North Korea.

              Countries with possible restrictions: The content of some products may be subject to certain restrictions in additional countries, including the following:

Afghanistan, African Republic, Algeria, Bahrain, Belarus, Bosnia Herzegovina, Burma (Myanmar), Burundi, Democratic Republic of the Congo, Egypt, Eritrea , Guinea, Guinea-Bissau, Haiti, Israel, Ivory Coast, Jordan, Kuwait, Lebanon, Liberia, Libya, Mali, Moldova, Montenegro, Morocco, Nicaragua, Oman, Qatar, Russia, Serbia, Somalia, Tunisia, Turkey, Ukraine, Venezuela, Yemen and Zimbabwe.

  1. LIMITATIONS

This incentive shall not, under any circumstance, be made in exchange for improperly securing business or for favourable business terms.

If it is found that Partners do not comply with the rules of this incentive plan or the data entered is invalid, their participation will be considered null and void, and they will automatically be excluded from the incentive scheme and will have no right to receive the rewards granted as part of the incentive scheme.

The reward is not transferable and may not be changed, altered or substituted at the request of the Partners, nor exchanged for any other product or for money.

Recipients of the reward are responsible for any tax obligations arising from its receipt, and for any other expenses derived from the incentive scheme that are not expressly assumed by Micro Focus in these Legal Rules.

A period of fifteen (15) calendar days is established from the date on which the reward is granted to make any justified claims, which must be in writing and addressed to dataprotector@microfocus.com. Micro Focus reserves the right, if necessary, to replace the reward with another of similar characteristics.

  1. PUBLICATION OF COMMENTS AND OPINIONS

Posting of comments or opinions whose content is considered offensive, injurious, discriminatory or which may infringe third-party rights is not permitted. Comments against individuals that infringe any applicable privacy laws are also prohibited.  We accept no liability for damages incurred as a result of comments made by participants in the incentive scheme, or those that offend the sensibilities of other participants at any time.

  1. DISCLAIMER
    By way of example, but without limitation, we accept no liability for possible loss, theft, delays or any other circumstance attributable to third parties that may affect the operation of this incentive scheme, nor shall we be held responsible for the use made by the Partner with respect to any reward obtained under this incentive scheme, and we accept no liability for any damage or injury of any kind incurred by participants, winners or third parties.
    We accept no liability in cases of force majeure or unforeseen circumstances which may hinder the incentive scheme and total or partial enjoyment of the reward. If this incentive scheme is unable to operate due to fraud, technical errors, or any other grounds outside the control of Micro Focus and which affect the normal development of the Scheme, we reserve the right to cancel, modify, or suspend it, including the participation website.

 

  1. PERSONAL DATA PROTECTION

Micro Focus Limited is the controller and responsible for the personal data provided hereunder.

Micro Focus Limited is part of the Micro Focus group of companies which is made up of different legal entities, details of which can be found here www.microfocus.com. When we mention Micro Focus, we are referring to the relevant company in the Micro Focus Group responsible for processing your data which will be clear to you when you use our website.

Micro Focus may collect, use, store and transfer different kinds of personal data about you as follows: Identity Data, Contact Data, Transaction Data, Technical Data, Marketing and Communications Data.

Micro Focus will only use your personal data for the purpose for which we collected it which include the following: (i) process participation in the Scheme, (ii) to manage the Scheme, (iii) to send notifications about the reward, and (iv) to send marketing and informative messages from Micro Focus by telematic means and by telephone. Partner warrants that the personal data provided to Micro Focus shall be true and shall be responsible for notifying Micro Focus of any changes.

Micro Focus may share personal data within the Micro Focus group and with external parties managing or assisting Micro Focus to manage the Scheme. We may transfer, store and process your personal data outside the European Economic Area. Under certain circumstances, Partner shall have rights under data protection laws in relation to personal data including the right to receive a copy of the personal data Micro Focus holds about you and the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues (www.ico.org.uk).

For more information, please see the Micro Focus privacy policy by clicking on the following link: https://www.microfocus.com/about/legal/#your_privacy

 

  1. CHANGES

Micro Focus reserves the right, on just grounds and by serving prior notice, to cancel, amend, suspend or extend this incentive at any time.

 

  1. APPLICABLE LAW AND JURISDICTION

These terms and conditions are governed by English law. The Courts of England and Wales shall have exclusive jurisdiction to hear any claims or disputes in relation to the validity and interpretation of, and compliance with, these rules.

 

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