Dell Technologies MSP Titans of the Industry Awards

OFFICIAL RULES

YOU ACKNOWLEDGE THAT YOUR PARTICIPATION IN THE CONTEST IS STRICTLY VOLUNTARY AND IS NOT REQUIRED BY DELL TECHNOLOGIES. 

The following Dell Technologies MSP Titans of the Industry Awards Official Rules (“Official Rules”) apply to Dell Expert Network member’s (defined below) participation in the program. The Official Rules are supplemental and subject to the Dell Technologies Dell Expert Network Terms and Conditions and any attachments thereto (collectively this “Agreement”). Employees of Dell Technologies and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable country, federal, state, provincial and local laws and regulations and is void where prohibited. Check with your legal counsel or designated Ethics Officer with questions about your ability to participate in this Contest. Dell Technologies reserves the right to exclude any Member or specific location at any time in its sole discretion. 

1.   Eligibility:  Dell Technologies MSP Titans of the Industry Awards Contest (the "Contest") is open to U.S. (50 states and Washington D.C.) Dell Technologies Dell Expert Network members (each a “Member”) provided that Member;

a.     is in good standing in the DEN Program prior to the start of the Contest Period and is not subject to disciplinary actions (current), or found in breach of terms, or subject to other compliance concerns; 

b.    meets Dell Technologies fiscal year FY25^[1] DEN Member requirements;    

c.     maintains a current registration profile including yearly updates and prompt notification to Dell Technologies in writing of any change that may affect Member’s participation.

 2.    Sponsor: Dell Marketing, L.P. One Dell Way, Round Rock, TX 78682. 

3.     Agreement to Official Rules: Participation in this Contest constitutes Member’s full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Contest. Winning a trip is contingent upon fulfilling all requirements set forth herein. 

4.     Timing: The selection of finalists begins on 9/16/2024 at 8 a.m. Central Time ("CT") and ends on 10/1/2024 at 5 p.m. CT (the "Contest Period"). 

5.     Contest Description:  Dell Technologies will award eight trips (each a “Trip”), as set forth below, to the Members who are Finalists of the MSP Success Titans of the Industry Awards. Sales representatives to allocate prize to their winning Member(s) (“Trip Recipient”) who meet Finalist Criteria by the end of the Contest Period, provided that Member meets the Eligibility requirements in Section 1 and the criteria in this Section 5.

a.     Trip Details:  Trip Recipient will receive a Trip which includes a two (2) night stay^[2] at Beverly Hilton from 12/3/24-12/4/24. 

b.    Total Average Retail Value Per Trip Recipient:  The total ARV for the Trip is $1,000 USD per Trip Recipient.   

c.     Trip Allocation: Each identified Trip Recipient may only receive one (1) Trip.  

d.    In no event shall the total number of Trips awarded exceed one (1) Trips. 

e.     Except where prohibited, the Trip includes:

·         Lodging, (All lodging arrangements are based on double occupancy.)

·         One (1) round trip flight

·         Hosted Welcome Reception

·         Two (2) seats to Titans of the Industry Awards Gala

f.      No monetary award will be given in lieu of the Trip.

g.    Eligibility of Sales:  Dell Technologies reserves the right to determine the eligibility of any sales opportunity under this Contest in its sole discretion.  Only those opportunities that Dell Technologies determines are eligible shall qualify for the Contest and all decisions made by Dell Technologies are final.  Purchase orders must be received by Dell Technologies and the order, must ship or be booked as applicable not prior to the start of the Contest Period and no later than the last day of the Contest Period to qualify for this Contest.   

h.    Purchases of refurbished products are excluded from the calculations of minimum revenue and growth thresholds for Member participation in this Contest and are excluded from any calculations available through this Contest. 

i.      Federal End-Users in the United States In the United States sales of Eligible Products to Federal end-user customers shall not qualify for this Contest or any minimum revenue and growth threshold calculations.  Any existing Marketing Incentive Fund agreement that Member may have with the Dell Federal Sales Segment shall remain in place notwithstanding this Agreement.  Sales to consumers; distributors or third-party sales agents; any government (including federal, provincial, state or local government) or education end-users; or customers purchasing products or services that will be reimbursed under a federal healthcare program are excluded from any calculations of revenue or incentives under this Contest.

6.    Travel Requirements: Trip Recipients and Guests must be at least twenty-one (21) years of age or older.  Recipients of the Trip and their Guests must be able to travel on the dates specified by Sponsor.  The Trip Recipient and their Guest must have valid proof of identification to travel, as required by the country of residence of the Trip Recipient and Guest, as well as, the destination country.

a.     To be eligible to travel, all information and details to purchase travel must be given to Sponsor’s Travel Coordinator within seven (7) business days after notification. If this information is not provided to the Travel Coordinator by this date, the Member will forfeit the Trip to the next eligible Member with the next highest revenue.  All country, federal, state and local laws and regulations apply. 

b.    All expenses not specifically mentioned above are not included and are solely the Trip Recipients’ and their Guests’ responsibility including, but not limited to: round trip transportation between the Trip Recipients’ and their Guests’ residence and departure and return airport, alcoholic and non-alcoholic beverages and meals outside the Dell planned activities, incidentals, gratuities, incidental and personal expenses, laundry service, merchandise, mini-bar, parking, room service, service charges, souvenirs, telephone calls, cellular telephone surcharges due to usage on the Trip, any unspecified state or local taxes or government surcharges or fees, service charges, facility fees, security fees, passenger tariffs or duties, and all other expenses incidental to the acceptance, participation in and enjoyment of the Trip.

c.     Travel is subject to the restrictions and conditions set forth in these Official Rules.  The Trip must be completed with the group of Trip Recipients and their Guests during the period specified by Sponsor. All Trip related travel arrangements will be administered by Sponsor’s Travel Coordinator.  Trip is subject to capacity controls, availability, blackout dates and certain other restrictions, all of which are subject to change.  Each Trip Recipient and their Guest will be required to travel on identical itineraries including same departure date and time and return date and time. Trip Recipients and Guests are responsible for obtaining any necessary travel documents (i.e., valid, government-issued photo identification, appropriate other related documents required for travel).  If a Trip Recipient elects to travel or partake in the Trip without a Guest, no additional compensation will be awarded to the Trip Recipient. Air transportation and hotel accommodations must be taken together and cannot be taken separately.  No changes will be made to the travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion.  All airline-issued airline tickets issued in conjunction with the Trip are not eligible for upgrades, frequent flyer miles or any other promotional benefit.  Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Trip Recipient’s possession or in the possession of the Trip Recipient’s Guest.  Travel must be round-trip.  Sponsor will determine flight itinerary in its sole discretion.  Any unclaimed and/or unused Trip package or element thereof will be forfeited by Trip Recipient and will remain the property of Sponsor.  No refund or compensation will be made in the event of the cancellation or delay of any flight.  Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Sponsor’s Travel Coordinator, as detailed in the passenger ticket contract issued by such supplier.   

d.    The right to receive a Trip is non-assignable, non-transferable and no award substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute an award of equal or greater value in case of unavailability of Trip or force majeure. 

7.    Trip Fulfillment and Releases:  Potential recipients will be notified within Seven (7) business days after the end of the Contest Period if selected to receive a Trip.  All potential recipients are required to return to Sponsor an AFFIDAVIT OF ELIGIBILITY and LIABILITY RELEASE (Attached hereto as Exhibit A) and their Guests are required to return to Sponsor a LIABILITY AND PUBLICITY RELEASE FOR TRAVEL COMPANION (Attached hereto as Exhibit C) and any applicable Tax Forms within seven (7) business days of notice of receiving a Trip. 

8.     Permissible Acceptance.  If Member, Trip Recipient, or Guest are not permitted to participate in this Contest under the laws, regulations or employer policy applicable to them, they should not participate.  This Contest is being offered only to the extent a Member, Trip Recipient, or Guest is permitted under the laws, regulations and policies applicable to them.  The approximate value of this Contest has been provided to Member in writing and Member is aware that it is under no obligation to confer any business advantage on Dell as a participant in this Contest.  It is the obligation of each Trip Recipient and Guest to obtain authorization from their employer’s legal or ethics department that they are permitted to participate in the Contest and, if applicable, accept the Trip.

a.     Potential Trip Recipients or Guests who are Public Officials, currently holding a political office, or are otherwise employed by or affiliated with State Owned Enterprises (SOE)s’ and/or a Government/Publicly funded/owned or controlled Member, or a Politically Exposed Person (PEP). (Generally, officials, either current or former, affiliated with foreign political parties; individuals associated with corporations owned or operated by a foreign government; or their family members or others with whom they are personally or professionally close) are not eligible to participate in the Contest or receive a Trip. By participating in this Contest Trip Recipients and Guests disclose their affiliation with and provide consent to allow Dell Technologies or Dell Technologies’ authorized vendor to verify Trip Recipient or Guest’s employment or affiliation with any of the aforementioned entities. Any data collected by Dell Technologies will be subject to the Dell Technologies Privacy Policy set forth in Section 14 below. 

9.     Compliance with the law.  Member represents and warrants that it understands and agrees to comply with the U.S. Foreign Corrupt Practices Act, the UK Bribery Act, and any other anti-bribery laws in countries in which this Contest is being offered (collectively, the “Anticorruption Laws”).  Member represents that this Contest and the Trip are not being given by Dell, and will not be used by Member, Trip Recipient or Guest, directly or indirectly, as an attempt to influence any act or decision of Member, Trip Recipient or Guest in connection with obtaining, retaining, or directing business or securing any improper business advantage on behalf of Dell.

10.  Limitations of Liability and Release: BY REGISTERING FOR AND ATTENDING THE EVENT OR ACCEPTING A TRIP,  I HEREBY AGREE TO RELEASE AND HOLD HARMLESS DELL TECHNOLOGIES AND ITS GROUP OF COMPANIES (COLLECTIVELY THE "EVENT HOST"), THEIR EMPLOYEES, AUTHORIZED REPRESENTATIVES, VENDORS, AGENTS, AND CONTRACTORS (COLLECTIVELY WITH THE EVENT HOST, THE “RELEASEES”) FROM ANY AND ALL ALLEGED AND/OR ACTUAL LIABILITY, CLAIMS, ACTIONS, LAWSUITS, DAMAGES, OR LOSSES ("CLAIMS") WHICH ARISE OUT OF OR RESULT FROM MY PARTICIPATION IN THE EVENT, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGES, PERSONAL INJURIES, OR ILLNESS, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE). BY ATTENDING ANY IN-PERSON PORTION OF THE EVENT, I KNOWINGLY ASSUME THE RISK OF POSSIBLE EXPOSURE TO COMMUNICABLE DISEASES, INCLUDING BUT NOT LIMITED TO COVID-19, AND AGREE THAT I WILL NOT ATTEND ANY IN-PERSON EVENT ACTIVITIES IF I HAVE BEEN DIAGNOSED WITH, EXPOSED TO OR AM EXPERIENCING SYMPTOMS OF ANY SUCH COMMUNICABLE DISEASE.  I agree that Event Host may perform health screenings, including but not limited to temperature screening, prior to permitting me entrance into any in-person Event activities, and agree that I will abide by any additional health measures required by Event Host in its sole discretion, which may include masks and/or social distancing.  I agree that Event Host may record, take photographs at and/or videotape the Event, and such images and recordings may capture my likeness, including but not limited to my voice and statements.  I agree that Event Host may use and edit such images and recordings, including my likeness, in any media, and distribute, broadcast, use, or otherwise globally disseminate, in perpetuity, such media without any further approval from or payment to me.  Any log in credentials, name tags or badges, materials, or replays of the Event are provided only for my use and should not be forwarded or shared with third parties.  All materials, including all videos and audio files that are part of or provided in connection with the Event are protected and owned, controlled or licensed by Event Host. I understand that I am restricted from taking photographs, audio recordings, and/or video of the Event. I understand that any virtual aspects of the Event may require me to download or use third party software (“Event Software”). I understand that the Event Software may include a feature that allows documents and other materials or messages I exchange or share during the session to be recorded. The Event Host has no control over the Event Software or associated websites and makes no warranty as to the accuracy of the information contained on those websites. THE EVENT AND EVENT SOFTWARE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS BY THE EVENT HOST AND THE EVENT HOST MAKES NO EXPRESS WARRANTIES THAT THE EVENT OR EVENT SOFTWARE IS OR WILL BE COMPLETE OR UNINTERRUPTED OR FREE FROM ERRORS, VIRUSES, MALWARE OR ANY OTHER HARMFUL CODE. I agree not to perform any actions that would be disruptive to other attendees, damage the conference facility, or otherwise interfere with any aspect of the Event.  If I do so or otherwise conduct myself in an unprofessional manner, as judged solely by the Event Host, I may be removed from the Event, and I will not be entitled to a refund and may suffer additional consequences including, but not limited to, being banned from future events and other legal actions.  

Releasees shall not be responsible or liable for sales calculations that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with these Rules, and all such sales numbers will be disqualified.  Releasees are also not responsible for: (1) any incorrect or inaccurate information, whether caused by Trip Recipient , printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (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 Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Entries, the announcement of the Trips or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Trip Recipient or Guest’s participation in the Contest or receipt or use or misuse of any Trip (including any travel/activity related thereto).  Releasees are not responsible for misdirected or undeliverable Entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.  Releasees are not responsible for any unauthorized third-party use of any Submission. ALL RECIPIENTS AND THEIR GUESTS ACKNOWLEDGE THAT AWARDS ARE AWARDED AS-IS. DELL MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL COMPLIANCE WITH RESPECT TO APPLICABLE LAWS OR NONINFRINGEMENT AS REGARDS TO THE AWARDS OR ANY COMPONENTS OF THE AWARDS. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. 

11.  General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the recipients from among all non-suspect, eligible Entries received up to time of the Contest end date outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Entries.  Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  

12.  Taxes:  All applicable taxes (including, but not limited to, Value Added Tax and Withholding Taxes) on incentives or awards are the sole responsibility of the Trip Recipients and their Guests. In certain circumstances, Dell Technologies may elect to pay applicable taxes on the amount of Incentives.  Member may be required to provide relevant tax information to Dell Technologies for tax reporting purposes. Failure to provide requested tax information, where applicable, to Dell Technologies within thirty (7) days after Dell Technologies’ request may result in forfeiture by Member of any incentives or awards.

13.  Disputes: Except where prohibited, Members agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any Trip awarded shall be resolved individually, without resort to any form of class action, and exclusively by United States District Court for the Western District of Texas and the Texas State District Court in Williamson County, Texas.   All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

14.  Personal Information: Information collected from Trip Recipient and/or Guests is subject to Sponsor’s Privacy Statement found at www.dell.com/privacy.  

15.  Recipients List: The list of Trip Recipients may be found at: www.msptitansoftheindustry.com The recipient list will be posted after recipient confirmation is complete. 

16.  Entire Agreement:  This Agreement constitutes the entire agreement between Dell Technologies and Member with respect to the Dell Technologies MSP Titans of the Industry Awards  and supersedes any and all prior agreements and understandings regarding the Dell Technologies MSP Titans of the Industry Awards  , whether established by custom, practice, procedure or precedent, including without limitation all prior Dell Technologies MSP Titans of the Industry Awards  terms and conditions or Official Rules offered to a certain class of Member.  Dell Technologies reserves the right to modify or discontinue the Dell Technologies MSP Titans of the Industry Awards, or any Member’s participation therein, in whole or in part, at any time without prior notice.  If any modification is unacceptable to Member, Member’s sole recourse is to terminate Member’s participation in the Contest. If Member continues to participate in the Contest, that participation will constitute Member’s binding acceptance of the modification. 

 1 Dell Technologies’ FY25 begins on 02/1/2024 and ends on 1/31/25