A. General
1. The Lenovo Legends Program ("Program") is promoted by Lenovo (Australia & New Zealand) Limited ABN 70 112 394 411 A.C.N. 112 394 411 ("Lenovo") of Level 4, 203 Pacific Highway, St Leonards, NSW 2065, Australia and administered by Targetbase Integrated ABN 39 087 316 710 ("Program Administrator") of 52 Budd Street, Collingwood VIC 3066, Australia, Tel: +61-3 94731888 Fax: +61-3 94731831, Email: legends@lenovoincentives.com Web: www.lenovoincentives.com
2. Participation in this Program is subject to these Terms and Conditions. By applying for membership, applicants agree to be bound by these Terms and Conditions and any Promotion specific terms notified by the Program Administrator from time to time.
3. These Terms and Conditions may be changed or varied at any time without notice by the Program Administrator and Lenovo at their absolute discretion.
4. The Program Administrator and Lenovo may at their absolute discretion suspend or terminate the Program in whole or in part at any time without prior notice and without liability.
5. The Program Administrator and Lenovo take all reasonable care to ensure that any information contained in these Terms and Conditions and in any publication in association with the Program is accurate, but does not accept liability with respect to any errors or omissions in any information, whether written or verbal.
6. The Program Administrator's and Lenovo's decision on all matters pertaining to the Program is final and binding and no correspondence will be entered into.
7. The program is deemed to be a club which provides voluntary education, self learning and network gathering opportunities, and the capacity to accrue points which are redeemable against a range of rewards including the chance for an invitation to a specific club event, to club members.
8. For the purposes of this Program there are five contest localities (“States”). These are QLD/NT, NSW/ACT, VIC/TAS, SA/WA, New Zealand.
9. The Program commences at 8.00am Australian Eastern Daylight Saving Time (AEDST) on 01/04/07 and concludes at midnight Australian eastern local time on 31/03/08.
B. Membership
1. Membership is open to individuals who are employed by a formally Contracted Lenovo Direct Reseller or a Contracted Lenovo Indirect Reseller and whose principle area of business is in Australia or New Zealand and who are expressly invited by the Program Administrator and Lenovo to join the Program ("Eligible Participants").
2. Notwithstanding clause B.1. Membership in the Program, and any Program rewards are not part of a participant's remuneration package.
3. Membership is portable and travels with the participant with change of employment, subject to clause B.1.
4. To participate in the Program, Eligible Participants must complete and submit the Registration Form. The Program Administrator and Lenovo may accept or reject an application for membership at its absolute discretion. The registration number issued with the invitation to join does not constitute membership. Eligible Participants must be registered as members in the Program to be able to claim points in the Program.
5. Membership is recognised by the allocation of a Membership Number and web site user name and password, by the Program Administrator. The Membership Number is valid only for the member whose name appears on the Registration Form. Membership is not transferable from one person to another.
6. A member must notify the Program Administrator in writing within 7 days of any change of employer, address or other details provided to the Program Administrator in association with the Program. Failure to do so may result in immediate termination from the program and total loss of benefits.
C. Earning Points
1. Where a member is registered in the Program, points will be awarded for sales of certain Lenovo® 3000, ThinkCentre® and ThinkPad® products nominated by Lenovo and listed on the Program website at www.lenovoincentives.com. The points applicable to each sale will be determined by the Program Administrator and Lenovo and will be displayed on the Program web site. The points applicable to any specific product will be related to the contracted Lenovo reseller category, Relational or Transactional. All Direct Resellers are Relational and all Indirect Resellers are Transactional, except for following Indirect Resellers which are categorised as Relational: LC364671 DATAFLEX PTY LTD LC365587A ETHAN GROUP LC362195 HARBOUR IT LC367478 and LC-AT0194 JUPITER ITC SERVICES LC362801 KLIKON SOLUTIONS LC-AT0014 PARAGON SYSTEM PTY LTD LC367392 SINGLEPOINT IT LC440371 STOTT & HOARE LC321668 TARDIS SERVICES LC-AT0045 THE LAPTOP COMPANY LC367440 ANABELLE BITS (ASI SOLUTIONS) LC321671 THE SOMERVILLE TRUST The classification of Resellers into Relational and Transactional groups is at the discretion of Lenovo and the Program Administrator.
2. From time to time a reviewed list of applicable products and points for those products will be placed on the Program website. From time to time and for a limited period, bonus points may apply to the sale of certain products and certain events. In this case, members will be notified of bonus points by email or information about bonus points will be posted on the Program Website. Points will also be awarded for the completion of nominated training modules, 'Safaris' and for participation (attendance) at nominated Lenovo events. The points applicable to each training module, Safari or event will be determined by the Program Administrator and Lenovo and will be displayed on the Program web site.
3. All eligible sales made by each Direct Reseller and which are reported on the Lenovo Ship Reports, and all eligible sales made by each Indirect Reseller and which are reported on the weekly distributor DSR Reports, will be allocated to that Reseller and displayed on the relevant web page on the program web site. To claim points, members must log onto the program web site, select the quantity of products on the list that they have sold and add the Customer Name. Products can only be selected once, but if a mistake is made then the person who made the mistake can, if the points have not yet been redeemed, return the sale so it is available for the correct person to claim. Sales must be claimed within 3 months of the delivery date, and not later than midnight Australian EST on 31/03/08.
4. Only sales made during the period 8.00am AEDST 01/04/07 to midnight Australian eastern local time 31/03/08 inclusive are eligible for points. Only sales that have been verified (see item C.9.) will be awarded points. The Program Administrator reserves the right to audit any sales claim by requesting proof of sale from the member.
5. Members may only claim any sale once. Only one member from a Contracted Reseller can claim each product sale.
6. When promoting the program via the program web site and the monthly e-newsletter, members agree that their name may be displayed to their fellow members.
7. 'Fee for Service Sales' or purchases under the Demonstration Program for the Contracted Resellers are not eligible and may not be claimed on this program.
8. Sales claimed by a member on the Sales Claim page are subject to verification procedures deemed appropriate by the Program Administrator and Lenovo. If this information is found by the Program Administrator and Lenovo at its absolute discretion to be in any way inaccurate, incorrect or misrepresented, the member's registration in the Program may be terminated and all or part of their accrued points may be cancelled.
9. Points earned during the Program may be redeemed against program rewards or used to bid for merchandise at the Program online auctions. Details of the auction time, date, terms & conditions and merchandise will be displayed on the Program web site.
10. Points earned for sales in the Program will expire at midnight Australian eastern local time on 13/04/08 if unredeemed.
D. Redeeming Points
1. Rewards can only be claimed by the individual member and are not transferable to the member's employer or any other person.
2. Rewards are not redeemable for cash.
3. The member is solely responsible for determining whether they may claim a reward, in accordance with any applicable company policy, guideline or practice.
4. Members must be in the employ of a Contracted Lenovo Reseller (see clause B.1.) to be eligible to redeem points for rewards, bid points at the online auction, or to attend the Program Conference.
5. Separate terms and conditions apply for the auction bidding process. These terms and conditions will be posted to the web site 1 week prior to commencement of each auction. Successful bidders will be contacted via email and announced on the Program web site.
6. The Program Administrator may alter the type of reward requested, depending on the availability of that reward.
7. Members should allow up to 8 weeks (from the conclusion of the auction or from their order date for merchandise rewards) for processing and delivery of rewards and prizes. Individual rewards may be subject to their own additional specific terms and conditions with respect to redemption, availability, the nature of the reward and other matters. A summary of the supplier terms and conditions will be listed on the Program web site.
8. All rewards are subject to availability and supplier restrictions and standard warranties apply. The Program Administrator and Lenovo do not guarantee or warrant that the rewards offered under the Program or requested by members are available, and has the final decision on the availability of rewards.
9. The Program Administrator and Lenovo will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss), or for personal injury suffered or sustained, as a result of participating in this competition and/or taking any reward and/or prize, except for any liability which cannot be excluded by law.
10. Rewards included in this Program are offered at the absolute discretion of the Program Administrator and Lenovo. The Program Administrator and Lenovo expressly reserve the right to withdraw, cancel, vary or in any way change at any time without notice the rewards offered or advertised as available to members under this Program. In that event, the Program Administrator and Lenovo shall not be held liable for any loss or damage suffered by participants resulting from such a withdrawal, cancellation, variation or change.
E. Program Prizes
1. Quarterly Promotions will be run in the September, December and March quarters of the Program, with a prize announced at the start of each promotion. Rules for the conduct of each promotion will be announced at the start of each promotion. Sales must be made by midnight Australian eastern local time, on the last working day of the relevant quarter, and be claimed within 14 days of the end of the relevant quarter, to be eligible. To be a winner for that quarter you must have sold the minimum threshold number of eligible products, as specified at the start of each promotion.
2. Broome Conference Trip, November 2007 Members from Relational resellers: At the end of September 2007, 5 Legends, one winner from each State Group (refer Section A, Paragraph 8) will win a place by achieving the highest number of points from eligible product sales from 1 April to 30 September 2007. The points are determined based on the number of eligible products claimed in the Legends Program by any individual Legends member. If there are 2 or more people with exactly the same number of Status Points then the winner will be the person with the highest (eligible) product 'sell through' value based on the prices provided on the Lenovo Ship Reports and the Distributor Sales Reports (DSRs). This shall be calculated on the total value of all eligible products as listed on the Eligible Products page of the Legends web site. Relational Reseller Members will win the right for one person from their Reseller Organisation to attend the Legends Conference. The Reseller 'Key Contact' person will be responsible for nominating who will take the winner prize, and this person must be a member of Legends 2.0. Members from Transactional resellers: At the end of September 2007, 5 Legends, one winner from each State Group (refer Section A, Paragraph 8) will win a place by achieving the highest number of Status points from TopSeller product sales from 1 April to 30 September 2007. The points for TopSeller units are determined based on the number of eligible products claimed in the Legends Program by any individual Legends member. If there are 2 or more people with exactly the same number of Status Points then the winner will be the person with the highest (eligible) product 'sell through' value based on the prices provided on the Lenovo Ship Reports and the Distributor Sales Reports (DSRs). This shall be calculated on the total value of all eligible TopSeller products as a subset of all products listed on the Eligible Products page of the Legends web site. Transactional Reseller Members will win a place at the Legends Conference for themselves and this place is not transferable and cannot be assigned to another person. If they are not able to attend the conference then their place is forfeited and the next highest point scorer in their State Group (or overall as the case may be) will be declared the winner.
3. Kruger National Park Safari, South Africa, June 2008 Members from Relational resellers: At the end of March 2008, the Top 4 Legends from Australia and New Zealand will win a place on the Kruger National Park Safari in South Africa by achieving the highest number of Legends Status points from eligible product sales from 1 April 2007 to 31 March 2008. A further 5 Legends, one winner from each State Group (refer Section A, Paragraph 8) and not included in the Top 4 overall, will win a place by achieving the highest number of Status points from eligible product sales from 1 April 2007 to 31 March 2008. The points are determined based on the number of eligible products claimed in the Legends Program by any individual Legends member. If there are 2 or more people with exactly the same number of Status Points then the winner will be the person with the highest (eligible) product 'sell through' value based on the prices provided on the Lenovo Ship Reports and the Distributor Sales Reports (DSRs). This shall be calculated on the total value of all eligible products as listed on the Eligible Products page of the Legends web site. Relational Reseller Members will win the right for one person from their Reseller Organisation to attend the Legends Conference. The Reseller 'Key Contact' person will be responsible for nominating who will take the winner prize, and this person must be a member of Legends 2.0. Members from Transactional resellers: At the end of March 2008, the Top 4 Legends from Australia and New Zealand will win a place on the Kruger National Park Safari in South Africa by achieving the highest number of Legends Status points from TopSeller products from 1 April 2007 to 31 March 2008. A further 5 Legends, one winner from each State Group (refer Section A, Paragraph 8) and not included in the Top 4 overall, will win a place by achieving the highest number of Legends Status points from TopSeller product sales from 1 April to 31 March 2008. The points for TopSeller units are determined based on the number of eligible products claimed in the Legends Program by any individual Legends member. If there are 2 or more people with exactly the same number of Status Points then the winner will be the person with the highest (eligible) product 'sell through' value based on the prices provided on the Lenovo Ship Reports and the Distributor Sales Reports (DSRs). This shall be calculated on the total value of all eligible TopSeller products as a subset of all products listed on the Eligible Products page of the Legends web site. Transactional Reseller Members will win a place at the Legends Conference for themselves and this place is not transferable and cannot be assigned to another person. If they are not able to attend the conference then their place is forfeited and the next highest point scorer in their State Group (or overall as the case may be) will be declared the winner.
4. In addition, all other members who have submitted verifiable sales claims every month and completed all mandatory online quizzes (Safaris) during the program period, will be invited to play a Game of Skill for an additional place at the conference. When assessing eligibility for the Game of Skill, each member will be allowed to miss 1 instance of the specific criteria above, and still be invited to play the Game of Skill.
5. Conference trips included in this Program are offered at the absolute discretion of the Program Administrator and Lenovo. The Program Administrator and Lenovo expressly reserve the right to withdraw, cancel, vary or in any way change at any time without notice the conference trips offered or advertised as available to members under this Program. In that event, the Program Administrator and Lenovo shall not be held liable for any loss or damage suffered by participants resulting from such a withdrawal, cancellation, variation or change.
To enter the Game of Skill: Eligible entrants who have been sent an entry form via email must fully complete the entry form, including their answer to a game of skill question (30 words or less) and submit their entry via return email.
Conditions of Entry
1. Information on how to enter and prizes form part of these Conditions of Entry.
2. Entry into the Game of Skill is only open to Australian and New Zealand residents who are registered to participate in the Lenovo Legends Program and who have: claimed eligible sales at least once per month from the start date of your membership in the Lenovo Legends Program and end date; completed online quizzes; attended nominated events and must not be one of the 18 Top Resellers under the Lenovo Legends Program as at 31/03/08.
3. The Promoter reserves the right to verify the validity of entries and to disqualify any Eligible Entrant who tampers with the entry process or who submits an entry that is not in accordance with these Conditions of Entry.
4. Limit of one entry per Eligible Entrant into the Game of Skill.
5. The Game of Skill promotion commences 01/04/2008 and entries into the Game of Skill close on 14/04/08 at 12pm Australian eastern local time. The judging will take place at Targetbase Marketing, 52 Budd Street, Collingwood, VIC, 3066 on 15/04/08 after 12pm Australian eastern local time. All of the entries received into the Game of Skill during the promotional period will be judged according to creative merit. The Promoter will select the best entry as the winner and this winner will be notified by email and if necessary telephone on 15/04/2007. Judges' decision is final and no correspondence will be entered into.
6. If the winner of the Game of Skill declines their invitation to attend the Lenovo Legends Conference then the next most creative response in the Game of Skill will be selected as the winner.
G. Liability for Tax
1. Liability for any tax on any benefits provided to Participants pursuant to this Program shall be the sole responsibility of the Participants. It is recommended that Participants should contact their own Accountant or Taxation Adviser in this regard.
H. Termination
1. Failure to comply with these Terms and Conditions may result in the termination of a member's participation in the Program and/or cancellation of all or part of any accrued points.
2. A member may terminate their participation in the Program by providing notice in writing to Lenovo or the Program Administrator. Membership will cease on receipt of written notice.
3. Immediately upon termination, any accrued points will be null and void. I. Privacy Policy All personal information collected from members by Lenovo through the Program will be handled in accordance with Lenovo Privacy Policy as set out at www.lenovo.com/privacy. Members consent to their personal information being used by Lenovo for marketing, promotional and publicity purposes unless otherwise advised by the entrant to legends@lenovoincentives.com.
Trademarks: The following are trademarks of Lenovo: Lenovo, ThinkPad and ThinkCentre. Other company, product and service names may be trademarks or service marks of others. © 2008 Lenovo All rights reserved.
