Meraki Yacht Club Terms and Conditions

Meraki Yacht Club – MYC
Terms and Conditions

Updated 7/19/2016
1. No Purchase Necessary. NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO PARTICIPATE. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING.
2. Sponsor. The sponsor of the Promotion is Meraki LLC (“Meraki” or “Sponsor”), 500 Terry A. Francois Blvd., San Francisco, CA 94158.
3. Promotion Period. The promotion (the “Promotion”) begins at 12:00 am Pacific time on May 2, 2016 and ends at 11:59 pm Pacific time on July 29, 2016 (the “Promotion Period”). Sponsor’s computer network is the official time-keeping device for the Promotion.
4. Entry. In order to be eligible for the Promotion, participants (each a “Participant”) must be a sales representative at an authorized Cisco Meraki reseller (“Partner”) who (i) is a legal resident of the fifty United States or the District of Columbia, and Canada (excluding Quebec), (ii) is at least the age of majority in their jurisdiction of residence, (iii) has the permission of Partner to participate in the Promotion and accept the prizes described below if awarded to such Participant, and (iv) has completed a Cisco Meraki online training video and questionnaire available during the Promotion Period at merakipartners.com/yachtclub (the “Promo Questionnaire”). Participants are solely responsible for informing Partner of their participation in the Promotion, and compliance with any applicable laws, contractual limitations and procedures established by Partner related to their participation. The Promotion is void where prohibited or restricted by law.
5. The Prizes. The prizes described below are referred to individually as a “Prize” and together as the “Prizes.”
a. Performance Prize.
i. Prize; How to Win. Each Participant is eligible to win a US$200 cash prize for each Qualifying Switch Deal (as defined below) or Qualifying Switch Exception Deal (as defined below) up to a maximum amount of US$5,000 (the total cash prize received by each participant, a “Performance Prize”). There is no limit on the number of Participants who may be awarded a Performance Prize.
b. Trip Prize.
i. Prize. Each Participant is eligible to win a three day, three night trip to the Bahamas for themselves and one guest from September 30, 2016 to October 3, 2016, including roundtrip economy flights, transportation in the Bahamas to and from the hotel accommodations, three nights of hotel accommodations, food and beverage, and entertainment with Meraki representatives (the “Trip Prize”). The approximate retail value of each Trip Prize is US$6,000. No cash or other alternative Trip Prize are available. A total of fifteen Trip Prizes will be awarded. A Participant can win at most one Trip Prize. The Trip Prize will include meetings with Meraki sales personnel, including hands-on training in the Meraki product lines and related sales-effectiveness strategies for the winning Participants. Notwithstanding anything to the contrary herein, the Participants employed by Partners that opt out of the Trip Prize will not be eligible for the Trip Prize; Partners may opt out of the Trip Prize by emailing [email protected] before or during the Promotion Period.
ii. How to Win. A Trip Prize will be awarded to the fifteen Participants that closed, in the aggregate for each Participant, the highest dollar amounts in Qualifying Switch Deals and Qualifying Set Sail Deals.
c. Tiebreaker. In the event of a tie for a Trip Prize, the winner of a Trip Prize will be the tying Participant with the highest total Meraki sales closed during the Promotion Period.
d. Definitions.
i. Meraki “sales” are measured by distributor’s (or, in the case of a direct deal, Partner’s) cost of goods from Meraki or Cisco Systems, Inc. as applicable.
ii. A sale or deal is considered “closed” when the products listed on the purchase order have actually been shipped to the end customer.
iii. “Qualifying Products” means Meraki products with SKUs beginning with MS or LIC-MS.
iv. “Qualifying Switch Deal” means a deal, or multiple deals with the same account, that (i) are registered and approved through Meraki’s deal registration portal on merakipartners.com or approved as OIPs through Cisco Commerce Workspace (CCW) during the Promotion Period, (ii) include an aggregate minimum of $5,000 in sales of Qualifying Products sold (and not returned during the 30-day return window) to a single new Meraki account that has no prior purchases of the Qualifying Products before the commencement of the Promotion Period, and (iii) are closed during the Promotion Period. If there is any previous closed-won switch business on an account before the commencement of the Promotion Period, then a deal involving that account is not a Qualifying Switch Deal. No account can give rise to more than one Qualifying Switch Deal, and only one Participant can receive credit for each Qualifying Switch Deal. Deal registrations must be approved by a Meraki sales representative in accordance with the criteria available at http://www.merakipartners.com.
v. “Qualifying Set Sail Deal” means a deal, or multiple deals with the same account, that: (i) are registered and approved through Meraki’s deal registration portal on merakipartners.com or approved as OIPs through Cisco Commerce Workspace (CCW), in each case, on or after February 2, 2016, and (ii) include an aggregate minimum of $5,000 in sales of Qualifying Products sold (and not returned during the 30-day return window) to a single new Meraki account that has no prior purchases of the Qualifying Products before February 2, 2016, (iii) are closed during the Promotion Period, and (iv) qualified for, and was granted the discount described in, the Set Sail with Meraki Switches incentive: https://meraki.cisco.com/blog/meraki-5yr-switch-licensing-promo-terms-and-conditions-customers/, in each case, as verified by Sponsor’s internal sales records.
e. Prize Conditions. Sponsor may, in its discretion, issue any Prize (i) to the winning Participant, or (ii) to Partner to deliver to such Participant in the Partner’s sole discretion and subject to taxes. A Participant must be employed by Partner at the time of Prize issuance to be eligible to receive the Prize. No substitution, assignment, transfer, or cash redemption of any Prize is allowed by winner. Sponsor reserves the right to substitute a Prize with another item of equal or greater value should the advertised Prize become unavailable for any reason. If a potential winner is unable to participate in or accept the Prize or any portion of the Prize for any reason, Sponsor shall have no further obligation to such potential winner. Neither Sponsor nor any of its Prize suppliers will replace any lost or stolen items, cards or certificates after being awarded to winners.
6. To Claim a Prize: Each Participant that has completed a Promo Questionnaire will receive a Prize claim form via electronic mail from Sponsor during the Promotion Period (a “Claim Form”). Eligible Participants must complete and return a Claim Form by August 15, 2016 at 11:59pm Pacific time to remain eligible to win a Prize. Meraki will use commercially reasonable efforts to notify the winning Participants by email and issue the Prize applicable to each winning Participant within 60 days after the end of the Promotion Period. Sponsor may also send potential winners a declaration of eligibility and release form (a “Release”). Unless restricted by law, potential winners receiving such a Release may be required to complete and return it within the time period specified therein. The Prize may be forfeited and, in such case, an alternate Participant may in Sponsor’s discretion be selected from among the remaining eligible entries (using the criteria described above), if a potential winner: (i) cannot be reached; (ii) fails to provide all signatures on the Release; or (iii) cannot accept or receive the Prize for any reason.
7. General Conditions. The Promotion is subject to applicable federal, state and local laws, and these Terms and Conditions. By participating in the Promotion, Partner and Participants agree to (i) abide by these Terms and Conditions and any decision Sponsor makes regarding this Promotion, which Sponsor shall make in its sole discretion, and (ii) waive any right to claim ambiguity in the Promotion or these Terms and Conditions, except where prohibited by law. Sponsor reserves the right to disqualify any Participant who, in Sponsor’s reasonable suspicion, tampers with Sponsor site, the entry process, violates these rules, or acts in an unprofessional, unsportsmanlike or disruptive manner. Sponsor reserves the right to (i) cancel or modify any aspect of the Promotion at any time without notice, and (ii) cancel the Promotion should it suspect fraud or for reasons out of the control of Sponsor, in each case, without any obligation to Participants. Any attempt to deliberately damage or undermine the legitimate operation of the Promotion may be in violation of criminal and civil laws and will result in disqualification from participation in the contest. Following the Promotion Period, Sponsor will not be required to retain records of any entries.
8. Additional Conditions for Trip Prize. Sponsor will pay for roundtrip economy flights for each Participant and Participant’s guest to and from the Bahamas (the “Trip Destination”) and three nights of accommodations (at a hotel of the Sponsor’s choice, including breakfast and dinner). Sponsor may also cover the cost of recreational activities to be decided by Sponsor. In the event that a winner of the Trip Prize cannot, for any reason, travel to the Trip Destination on September 22-25, 2016, then Sponsor may award such Trip Prize to another Participant (using the criteria described above). Winning Participants are responsible for obtaining all necessary travel documents, including valid passports, visas and travel insurance, and complying with all health or other government regulations. Sponsor will not be responsible for the costs of food, drink or any other costs that are not set forth herein. Time off for winning Participants to take part in the Trip Prize will not be paid for or arranged by Sponsor.
9. Third Party Sites. To the extent the Promotion uses or requires functionality of any third party website (e.g., social media sites or platforms that enable broad communications, collaboration or posting of content), Participant understands that the Promotion is not sponsored by such third parties, and further agrees to follow the policies posted on such website.
10. Tax Provisions. Each winner will be solely responsible for any local, provincial, country or any other applicable taxes, and any other costs, expenses and fees in connection with the Prize. If applicable, the winner(s) may be issued an IRS Form 1099 or other tax documentation for the approximate retail value of any awarded Prize.
11. Disclaimer; Release and Limit of Liability. Sponsor makes no representations or warranties of any kind, express or implied, regarding any Prize or your participation in the Promotion. By participating in the Promotion or receiving any Prize, Participant agrees to release and hold harmless Sponsor, and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and Prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, damages of any kind including direct, indirect, incidental, consequential or punitive damages to persons, including without limitation disability or death, arising out of participation in the Promotion or receipt, use or misuse of any Prize. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Promotion or receipt or use or misuse of any Prize. If for any reason a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, such Participant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, then no other remedy will be available to such Participant.
12. Personal Data and Communications. The Sponsor cannot operate the Promotion without processing certain data supplied by and attributable to the Participants. Such data may include personal data attributable to individual Participants. Participants should anticipate that personal data supplied to Sponsor will be exported to the U.S. for processing in connection with the Promotion. Processing of personal data will be required to award the Prizes and will include all incidental processing necessary to operate the Promotion in accordance with the terms hereof. Participants should anticipate that such processing will be undertaken by the Sponsor, its sub-contractors, and other members of the group of companies to which the Sponsor belongs. By accepting the terms hereof, each Participant consents to the processing of the information and personal data supplied to the Sponsor as outlined above.
13. Publicity Release. Participants acknowledge and agree that Sponsor may use the Promotion for publicity, advertising or other marketing purposes in any media, and may use the name, likeness, and state of residence and/or Prize information of winning Participants as part of that publicity, without notice or additional compensation to such Participants.
14. Disputes. Disputes regarding these Terms and Conditions and the Promotion will be governed by the internal laws of the State of California. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
15. Terms And Conditions And Winners’ List. For a copy of these Terms and Conditions or the names of winners, please send your request and a self-addressed, stamped envelope to 500 Terry A. Francois Blvd., San Francisco, CA 94158, ATTN: Meraki Yacht Club Promotion. Winners list to be available approximately 60 days after the Promotion Period.