Terms of Use

A. DEFINITIONS
“HP” refers to Hewlett Packard Company
.

ORGANIZER" refers to Optime Consulting, Inc., the company assigned by HP for the development, management, and execution of the entire online incentive platform named "HP Growandwin".

 “DISTRIBUTOR” refers to any authorized HP Distributor that has an active First Tier Volume Distribution Agreement with HP within the region.

“RESELLER” refers to any authorized company that purchases HP Products through an authorized HP Distributor within the region.

"PROGRAM" refers to the online incentive platform named "HP Growandwin", developed by the ORGANIZER to provide HP DISTRIBUTORS with a tool to reward PARTICIPANTS for the sales of qualifying HP PSG SmartBuy products.

WinPoint” refers to the official point system unit name for the PROGRAM. PARTICIPANTS earn WinPoints for qualifying activities within the PROGRAM. WinPoints may be redeemed for prizes from the PROGRAM’s online Prize Catalog. WinPoints are valid for pre-established time periods.

“PARTICIPANT” refers to any individual registered in the “PROGRAM” who is a full-time employee in the sales or management area of the participating companies.  These PARTICIPANTS perform activities related to the sales of qualifying HP PSG SmartBuy products, which are taken into consideration for the awarding of prizes according to this PROGRAM. PARTICIPANTS may be subdivided in categories with the purpose of identifying specific activities for the accumulation of WinPoints and can even be subdivided. PARTICIPANTS’s age must be 18 or older.

“TAX ID” refers to a unique identifier assigned by local authorities to Resellers for taxing purposes.

“DISTI ADMIN” refers to the person designated by the DISTRIBUTOR to administer the company’s sales teams for the purposes of this PROGRAM.  Among the responsibilities are the recruitment and approval of PARTICIPANTS, assignment and verification of WinPoints, and deactivation of PARTICIPANTS.

“RESELLER ADMIN” refers to the person designated by the RESELLER to administer the company’s sales teams for the purposes of this PROGRAM.  Among the responsibilities are the recruitment and approval of PARTICIPANTS, assignment and verification of WinPoints, and deactivation of PARTICIPANTS.

B. VALIDITY
The PROGRAM shall be valid from November 1, 2011 through October 31, 2012.

C. THE PROGRAM
The PROGRAM will apply only to registered and previously accepted PARTICIPANTS. PARTICIPANTS may accumulate WinPoints in the PROGRAM by carrying out specified activities. The PROGRAM applies to the activities described on the Growandwin website. Activities include and are not limited to registration, qualifying sales, and completion of online training courses.

The number of WinPoints credited to a PARTICIPANT category is described in the PROGRAM, where the WinPoint value of each qualifying product is specified. ADMINS will assign WinPoints to the account of the corresponding PARTICIPANT after reviewing HP reports on the qualifying activities. WinPoints will be credited to the PARTICIPANT on a monthly basis, unless indicated differently in the PROGRAM.  The PARTICIPANT may redeem accumulated WinPoints by visiting the PROGRAM site and accessing the Prize Catalog. WinPoints may be accumulated from November 1, 2011 to October 31, 2012 and may be redeemed until December 15, 2012. If accumulated WinPoints are not redeemed within this timeframe, they will expire and become unredeemable.

D. METHOD TO REGISTER IN THE PROGRAM
The DISTRIBUTOR will be required to register PARTICIPANTS into the PROGRAM. 

PARTICIPANTS can be DISTRIBUTOR’S TELESALES, DISTI ADMINS or RESELLERS, RESELLER ADMINS and their SALES REPS authorized to sell PSG SMARTBUY Products.  Preferred Partners are excluded from PARTICIPATING in the PROGRAM until HP advices the contrary. RESELLER’S HQ should be located in the region where the DISTRIBUTOR has been authorized to sell HP Products.

In order to participate in the PROGRAM, each PARTICIPANT must register online by filling in required personal information and accepting the Terms and Conditions thereto.  Once registration has been completed, the ADMIN will be notified in order to accept new registration. The PROGRAM’s PARTICIPANTS will receive registration confirmation via email.

  1. PARTICIPANTS may only register once and will receive WinPoints at the time of registration.
  2. PARTICIPANTS will be eligible to take part in this PROGRAM at any time if the ORGANIZER has approved participation. Otherwise, PARTICIPANTS may not take advantage of the PROGRAM, even if registered.
  3. To participate in the PROGRAM, TELESALES & DISTI ADMIN PARTICIPANTS must be employed by an Authorized DISTRIBUTOR and be authorized to sell qualifying products included in the PROGRAM. The DISTRIBUTOR must also specifically agree to participate in the PROGRAM and provide needed information to facilitate claim processing and tax reporting
  4. All RESELLERS registered by DISTRIBUTORS must submit their TAX ID to participate in this PROGRAM. The TAX ID will be used as the unique identifier key to assign WinPoints to each company.

E. TERMS AND CONDITIONS

  1. The Terms & Conditions outlined herein will be in effect for the duration of the PROGRAM as mentioned in Section B.
  2. The DISTRIBUTOR is committed to support the PROGRAM for the valid term specified in Section B.
  3. During the term of this Program, all eligible DISTRIBUTORS must have an HP active Volume Distribution Agreement with authorized territories within the region and authorized exhibits to distribute eligible HP Products.
  4. Each PARTICIPANT is responsible for accepting the PROGRAM’s Terms and Conditions during registration process.
  5. For any DISTRIBUTOR to be eligible to participate at any time in this PROGRAM, the DISTRIBUTOR must be in good terms with HP, up to date with HP payments, and have a current and valid HP contract. If any of these conditions is not observed, the DISTRIBUTOR and its recruited PARTICIPANTS will not benefit from the PROGRAM, even if they have already been registered.
  6. All participating DISTRIBUTORS are responsible for recruiting reseller companies and their sales representatives to become active PARTICIPANTS in the PROGRAM.  The associated costs for this mentioned recruitment process is also responsibility of the DISTRIBUTOR.
  7. HP reserves the right to audit all PROGRAM claims, either directly or indirectly, in order to ensure correct application of the PROGRAM. Any misuse of the PROGRAM by a PARTICIPANT may result in the recovery of the value of any award obtained through such misuse, and possible disqualification from participating in the PROGRAM.
  8. HP reserves the right to cancel, suspend, amend, modify, revoke, or terminate this PROGRAM, including but not limited to its rules, Terms and Conditions, in whole or in part, for any reason, after the specified term (Section B), for any or all PARTICIPANTS, providing 60 day-notice. The PARTICIPANTS may accumulate and redeem WinPoints credited in his/her account according to the rules indicated in the PROGRAM, to the exception of termination/cancellation of the PROGRAM. In case of notification or termination/cancellation of this PROGRAM, notice will be sent to the most current email address supplied by the PARTICIPANTS. In the event of PROGRAM termination, a grace period will be allowed in which participants may claim their outstanding unredeemed WinPoints within 30 days.
  9. The Terms and Conditions in this PROGRAM do not alter or change the provisions of the agreement between HP and the DISTRIBUTOR.
  10. HP, its subsidiaries, affiliates, or agencies will not be held responsible for the termination/cancellation of this PROGRAM or the lack of notice to the PARTICIPANTS upon its termination/cancellation. HP, its subsidiaries, affiliates or agencies will not be held responsible for the interruption of the PROGRAM, particularly if such interruption is the consequence of an email error, an inaccurate email address, PARTICIAPNTS’ inability to access email online, or PARTICIPANTS’ failure to inform HP about a change in email address.
  11. HP reserves the right to alter, limit, modify or add to the PROGRAM, without advance notice at any time or from time to time, including but not limited to the establishment of time frames and changes in the value of WinPoints, their accreditation, prizes, exchanges, PARTICIPANT categories and prize levels, even if this may affect the value of WinPoints already accumulated or the ability to use them or obtain certain prizes.
  12. HP and ORGANIZER reserve the right to discontinue the participation of any PARTICIPANT to the PROGRAM and void or cancel the remaining balance of WinPoints of the PARTICIPANT in case of fraud, false statement, abuse or violation of the applicable rules or if any of the WinPoints in the account have been emitted, received or redeemed through fraud, theft or in any other manner illegal or unauthorized by the rules of the PROGRAM. These rights are additional to any other remedies available to HP according to the applicable legislation.
  13. HP and ORGANIZER reserve the right to verify the eligibility credentials of any PARTICIPANT. If HP determines, to its entire discretion, that there is suspicion or proof of manipulation of the PROGRAM’s site or if it experiences technical difficulties that compromise the integrity of the PROGRAM. HP and ORGANIZER reserve the right to cancel or modify the PROGRAM or void suspicious accesses. Any attempt on behalf of a PARTICIPANT or any other individual to purposely damage any website or undermine the legitimate operation of the PROGRAM will violate criminal and civil legislation, and if such circumstance takes place, HP and ORGANIZER reserve the right to claim the payment of damages from the PARTICIPANT’s company.
  14. All reports are subject to validation; HP and ORGANIZER also reserve the right to audit any and all support documentation. Reporting invalid and/or duplicate issues constitutes fraud and will exclude the participation of the PARTICIPANT from the PROGRAM and could subject the PARTICIPANT to legal action.
  15. PARTICIPANTS accept in these Terms and Conditions to provide truthful, precise, current, and complete information and to keep it current.
  16. PARTICIPANTS recognize their responsibility for the preservation, privacy, and security of data in their possession, including data transmissions received from this PROGRAM and from the persons involved in its administration. If a PARTICIPANT receives from this PROGRAM or any of the persons involved in its administration, data that were not meant for him/her, the PARTICIPANT shall inform the sender immediately to coordinate return, retransmission or destruction according to the instructions of the sender.
  17. PARTICIPANTS’ noncompliance with any of the rules indicated in these Terms and Conditions shall cause HP and ORGANIZER to disqualify such participants from this PROGRAM.
  18. HP and ORGANIZER shall not assume, nor shall be liable for damages, indirect or special, consequential, incidental, multiple, punitive or others (including but not limited to damages for loss of data, revenue, opportunities, profits, recovery costs or any other damages), notwithstanding the way they were caused and based on any responsibility theory, contractual or extra contractual, negligence or any other manner, and independently from the fact that DISTRIBUTOR or the PARTICIPANT have been informed of the possibility of this damages as a result of the participation in this PROGRAM or the acceptance, possession or utilization of any prize. HP and ORGANIZER will not establish any guarantee, express or implicit, and expressly shall not assume or have any responsibility, including damages, whether indirect, special, consequential, incidental, multiple, punitive or other related to the type, quality or characteristics of the prizes delivered through this PROGRAM.
  19. HP, its affiliates, subsidiaries and advertising agencies shall not be liable for the incorrect, inaccurate or incomplete information input of the DISTRIBUTOR and/or PARTICIPANTS or problems related to any of the equipment or programs associated or used by the PARTICIPANT or malfunction of any telephone network or electronic transmission or computer equipment software or any combination thereof; and/or loss, delay or damage in data transmissions. Incomplete accesses shall be void. All accesses shall be the property of HP and shall not be returned.
  20. If the contract established between HP and the DISTRIBUTOR is terminated for any reason, the DISTRIBUTOR and its PARTICIPANTS under that contract shall not be allowed to redeem the WinPoints remaining in their accounts. Likewise, if the work relationship between a PARTICIPANT and the DISTRIBUTOR is terminated for any reason (including resignation or retirement), the PARTICIPANT and the DISTRIBUTOR shall inform HP and ORGANIZER in writing within three (3) days of the termination. In this case, the PARTICIPANT, whose work relationship with the DISTRIBUTOR is being terminated, shall be allowed to accumulate and redeem WinPoints in his/her account up to 30 days after termination of his/her work relationship.
  21. Without prior written notice of each PARTICIPANT in each instance, PARTICIPANTS may authorize the ORGANIZER to divulge their names, location, images or voices, for PROGRAM and/or advertising purposes, promising likewise to cooperate in regards to any PROGRAM and/or promoting activities, for no compensation whatsoever, and with the means and manner the ORGANIZER deems fit.
  22. The ORGANIZER warrants and represents that the PROGRAM and these Terms and Conditions comply with current legislation and all applicable laws, as approved by HP.
  23. The relationship between HP and ORGANIZER under these Terms and Conditions is that of independent contractor and neither party will be deemed an agent, legal representative, joint venture, or partner of the other.
  24. HP must approve any press release issued concerning the subject matter of these Terms and Conditions as it relates to HP in advance in writing.
  25. Under these Terms & Conditions, the PARTICIPANTS give HP, Intel and Microsoft permission to communicate with them through different media commonly used.
  26. Upon participation, the PARTICIPANTS accept the rules, Terms and Conditions of the PROGRAM, and accept HP’s decisions as final in everything related to the administration of the PROGRAM as established by the ORGANIZER.

F. ACCUMULATING AND REDEEMING WinPoints

  1. PARTICIPANTS may accrue WinPoints for completing predefined behavior activities and for the sale of qualifying HP PSG SmartBuy products.
  2. In order for the PROGRAM to assign WinPoints accurately and timely to PARTICIPANTS, the DISTRIBUTOR must provide HP with monthly “Sales out Reports” with the RESELLER’s valid TAX ID. Failure to do so could prevent PARTICIPANTS from receiving WinPoints.
  3. DISTI ADMINS must verify, validate and, assign WinPoints to the PARTICIPANTS.
  4. Once the PARTICIPANT receives WinPoints for behavior or sales, he or she is responsible to accumulate, collect and redeem these WinPoints for prizes from the online catalog within the valid term of the program. The ORGANIZER and DISTRIBUTOR are not responsible for the expiration of these WinPoints.
  5. WinPoints are accrued from the beginning of the PROGRAM until the end of the program as stated in Section B. Validity may only be accrued and redeemed 45 days after the end of the program, otherwise they will expire and become unredeemable.
  6. In order to redeem WinPoints, PARTICIPANTS must visit the Prize Catalog available online.  Requests shall be confirmed automatically and PARTICIPANTS shall receive an email confirmation with the estimated delivery date. Once a prize order has been submitted, it cannot be modified or cancelled.
  7. Prizes shall only be delivered on working days (Monday through Friday, except holidays) and to the office address indicated at the time of registration. Prizes cannot be returned nor changed.
  8. Prizes have an approximate 15 day-processing and shipping time after an order has been approved. PARTICIPANTS shall be notified when prizes have been sent.
  9. Through the accumulation of WinPoints, PARTICIPANTS should not rely upon the continuous availability of any prize or prize level due to the fact that it is possible that PARTICIPANTS may not obtain the prizes originally established by the PROGRAM. Any change to the PROGRAM will apply to unredeemed WinPoints as well as to WinPoints obtained by the PARTICIPANT in the future. Each PARTICIPANT is responsible for keeping informed about the Terms and Conditions of the PROGRAM as well the number of WinPoints in his/her account.
  10. PARTICIPANTS are responsible for paying taxes or withholdings related to prizes and for any other incidental expenses not mentioned in this document, however related to using or receiving the prize(s). Prizes may not be substituted. PARTICIPANTS are only entitled to exchange WinPoints for prizes.
  11. Prizes and WinPoints are personal and non-transferable, and may not be exchanged for cash or any other goods. Winning PARTICIPANTS assume the entire responsibility and costs incurred in order to enjoy the prizes as well as for any damages they may suffer together with the prize(s) during transfer and use. Neither the ORGANIZER nor HP shall be liable to PARTICIPANTS or any other third party for any injuries, death or other losses, costs, damages or claims, resulting from redeeming, receiving or using any of the PROGRAM’s prizes.
  12. PARTICIPANTS are responsible for keeping informed in regards to the PROGRAM’s Terms and Conditions, as well as the number or WinPoints they have accumulated.