These Terms and Conditions (“Terms”) govern participation in the promotional incentive (the “Promotion”) offered by Exertis Enterprise (“Exertis”). By signing up for or participating in the Promotion, you (“you,” “your,” or the “customer”) agree to be bound by these Terms. If you do not agree with these Terms, you should not participate.
1. Eligibility
1.1. Eligible Participants: The Promotion is open only to Exertis reseller customers who are:
- (a) aged 18 or older at the time of entry; and
- (b) have been provided with an individual monthly target by Exertis.
1.2. Compliance: It is the responsibility of the customer to ensure that participating in this Promotion does not violate any internal policies, contractual obligations, or applicable laws.
2. Sign-Up and Entry
2.1. Sign-Up Requirement: Customers must explicitly sign up for the Promotion in order to be entered into the monthly prize draw.
2.2. Sales Targets: Each customer will be given a monthly target by their Exertis account manager. This target is based on the customer’s average spend with Exertis.
2.3. Entry Mechanics:
- (a) Meeting the Target: If the customer meets or exceeds the monthly target, the customer will earn one (1) entry into that month’s prize draw.
- (b) Additional Entries: For every additional 10% by which the customer exceeds the monthly target, the customer will earn one (1) additional entry into the draw.
2.4. Retroactive Sales: If a customer signs up partway through a month, all qualifying sales from the start of that month through to the end of the same month will be counted toward that customer’s target.
2.5. Automatic Inclusion: Once you have signed up for the Promotion, you will be included in the prize draws for that month (if you meet or exceed your target) and for all subsequent months in which this Promotion runs, as long as you continue to meet or exceed your monthly targets.
3. Prize Details
3.1. Monthly Prize Draw: A draw will be conducted every month during the Promotion Period for those customers who have successfully met or exceeded their targets in that month.
3.2. Prize: The prize will be Ticketmaster vouchers (the “Prize”). The value of the Prize will be determined solely by Exertis and may vary month to month.
3.3. No Cash Alternative: The Prize is non-exchangeable and non-transferable. There is no cash or other alternative to the Prize, except in the event that Exertis, in its sole discretion, decides to substitute a prize of equal or higher value.
3.4. Company vs. Individual Recipient: Upon signing up for the Promotion, Exertis will contact the customer to determine whether the Prize is to be awarded to the company or to an individual within that company. It is the customer’s responsibility to ensure compliance with its own internal policies regarding the receipt of prizes.
4. Promotion Period and Monthly Resets
4.1. Promotion Period: The Promotion will run for three consecutive months, with the following monthly periods:
- First period: 1 February 2025 – 28 February 2025
- Second period: 1 March 2025 – 31 March 2025
- Third period: 1 April 2025 – 30 April 2025
4.2. Monthly Resets: The Promotion resets on the first day of every month during the Promotion Period. Targets will be applied on a monthly basis.
4.3. Draw Schedule: Draws will take place after the end of each monthly period. Winners will be announced and contacted via the communication channel agreed upon with Exertis (e.g., email, phone).
5. Winner Selection and Notification
5.1. Random Draw: All eligible entries for each monthly period will be entered into a random draw conducted by Exertis (or an independent third party appointed by Exertis).
5.2. Notification:
- (a) Winners will be notified within fourteen (14) days after the end of the respective monthly period.
- (b) If a winner cannot be contacted or fails to respond within the time period specified in the winner notification, Exertis reserves the right to offer the Prize to an alternate winner or to withdraw the Prize entirely.
5.3. One-Win Policy:
- (a) Each organization is eligible to win only once during the entire Promotion Period. If an organization has won a Prize in one of the monthly draws, it is no longer eligible to win in any subsequent monthly draws.
- (b) If an organization that has previously won is randomly selected again, Exertis reserves the right to re-draw from the remaining pool of eligible participants.
6. Publicity
6.1. Promotional Activities: By accepting a Prize, you agree (if permitted by law) to participate in any reasonable publicity related to the Promotion (e.g., use of your company name or an individual’s name, photograph, or statements in promotional materials).
6.2. Opt-Out: If you wish to opt out of publicity, please notify Exertis in writing at the time of Prize acceptance.
7. Customer’s Responsibilities
7.1. Internal Policies: It is the customer’s sole responsibility to ensure that its participation in the Promotion and acceptance of any Prize does not conflict with any company policies or local laws.
7.2. Accuracy of Information: All information provided by the customer (e.g., sales data) must be accurate. Submission of incomplete, inaccurate, or fraudulent data may result in disqualification.
8. Disqualification
8.1. Grounds for Disqualification: Exertis reserves the right, at its sole discretion, to disqualify any individual or company that:
- (a) tampers or attempts to tamper with the entry process;
- (b) provides false information;
- (c) engages in any conduct that Exertis deems to be unlawful, fraudulent, or in bad faith; or
- (d) breaches these Terms.
9. Taxes on Prizes
9.1. Exertis Responsibility: Exertis Enterprise will pay any direct tax incurred in relation to the awarding of the Ticketmaster vouchers as part of this Promotion.
9.2. Participant’s Responsibility: Winners remain responsible for ensuring compliance with all other local tax laws or obligations that may apply to them personally or to their organization, including reporting any required information to relevant tax authorities.
10. Liability and Indemnification
10.1. Exclusion of Liability: To the fullest extent permissible by law, Exertis shall not be liable for any damages, loss, or injury (including indirect, special, or consequential damages) arising from participation in this Promotion or the acceptance/use of any Prize.
10.2. Indemnification: Customers agree to indemnify, defend, and hold Exertis harmless from and against any claims, expenses, liabilities, losses, or damages (including reasonable legal fees) arising from your participation in the Promotion or any breach of these Terms.
11. Data Protection
11.1. Use of Personal Data: Any personal data relating to participants will be used in accordance with Exertis’s Privacy Policy and current UK data protection legislation. A copy of the Privacy Policy can be obtained on request or from Exertis’s website.
12. General
12.1. Modification or Cancellation: Exertis reserves the right to cancel, suspend, or modify the Promotion or these Terms if any factor beyond its reasonable control impairs the integrity or proper functioning of the Promotion.
12.2. Governing Law: These Terms and the Promotion shall be governed by and construed in accordance with the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales (unless otherwise required by local law).
12.3. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed from these Terms and shall not affect the validity or enforceability of any remaining provisions.
12.4. No Waiver: Any failure by Exertis to enforce any of its rights at any stage does not constitute a waiver of those rights.
12.5. Entire Agreement: These Terms constitute the entire agreement between you and Exertis in relation to the Promotion and supersede any other communications or advertising relating to the Promotion.
12.6. Contact Details: If you have any questions about the Promotion or these Terms, please contact your Exertis account manager
