Giveaway Campaign Terms and Conditions
BY ENTERING THE CAMPAIGN AS DESCRIBED IN THE CAMPAIGN INFORMATION, YOU AND JUNIPER NETWORKS INC. (“JUNIPER”) FULLY AND UNCONDITIONALLY AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MAY DECLINE TO RECEIVE THE GIVEAWAY ITEM AT ANY TIME. FAILURE TO COMPLY WITH THESE RULES AND/OR ANY OTHER APPLICABLE THIRD-PARTY CAMPAIGN RULES, POLICIES, AND PROCEDURES WILL AUTOMATICALLY VOID YOUR ELIGIBILITY.
The Giveaway Campaign Terms and Conditions (“Terms and Conditions”) supplement other terms and conditions included in the email, social media post, or website describing the giveaway (the “Campaign Information).
- Eligibility.
a. In addition to any eligibility requirements otherwise related to the Campaign, those entering the Campaign (“Participant”) must be at least 18 years of age (21 years of age if alcohol is involved) and above the age of majority in the jurisdiction of their residence as of the date of entry. Participant must be an IT influencer or IT decision maker for their employer, and their employer should not have an open opportunity with Juniper, as determined solely by Juniper. Participant must schedule and/or attend a meeting or webinar with Juniper on or before the final date of the Campaign, as further described in the Campaign Information in order to be eligible for a Giveaway Item.
b. Employees of Juniper partners or distributors are not eligible for a Giveaway Item. Employees of Juniper Networks and its subsidiaries and employees of any organizations responsible for sponsoring, fulfilling or administering this Campaign and each of their affiliates, as well as the immediate family members (i.e., parents, spouse, siblings, children, grandparents, stepparents, stepchildren and step siblings, and their respective spouses) and persons living in the same household (whether or not related) of all such foregoing individuals are also not eligible to enter or win. Government and state employees, and “foreign officials” are prohibited from participating in the Campaign or from accepting any giveaway items even if invited by Juniper to participate. Participants are required to determine for themselves whether they would be deemed to be government or state employees or foreign officials under relevant laws. Participants are ineligible if, and required to determine for themselves whether, their employer restricts entry into a Campaign, or collection of a Giveaway Item. Residents of any sanctioned country or region in which Juniper or any of its affiliates are prohibited by any applicable law to offer this Campaign or to deliver a Giveaway Item are not eligible. Any entry from an ineligible person is void. Potential Participant(s) may be required to provide proof of eligibility. - Giveaway Item.
a. The giveaway item will be described in the Campaign Information (a “Giveaway Item”). A Giveaway Item cannot be resold or transferred to parties other than the qualified and eligible Participant (unless Campaign rules require the giveaway item to be accepted on behalf of Participant’s employer, that employer will then be considered the “Participant” for the purposes of Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10, as applicable), or redeemed for cash or substituted by the Participant, except Juniper reserves the right to provide a substitute item of approximately equal value. The approximate retail value (ARV) of the item represents Juniper’s good faith determination. If the actual value of the giveaway item turns out to be less than the stated ARV, the difference will not be awarded in cash. Each Participant is responsible for any other costs incurred beyond the value of the Giveaway Item. Failure to comply with these Terms and Conditions, including satisfaction of all eligibility requirements, will result in forfeiture of the giveaway item and any entitlements thereto. Juniper is the promoter of this Campaign. If a Giveaway Item comes with an expiration date, Participant will no longer be eligible for the Giveaway Items after the expiration date. Juniper is not responsible for, and will not replace, expired Giveaway Items. Supplies are limited.
b. On occasion, Juniper may offer an honorarium to a recognized charity in lieu of a Giveaway Item. Juniper will make the charitable contribution directly to the the charity or designate the Juniper Foundation to make the contribution. Juniper reserves the right to delay making the contribution until the promotion has concluded. - Delivery Requirements.
Juniper reserves the right to disqualify an otherwise eligible Participant if delivery of a Giveaway Item cannot lawfully occur because (i) the goods or services awarded cannot lawfully enter or be entered in the named destination country for any reason (including without limitation lack of applicable homologation certification) or (ii) Juniper determines in its discretion that the product cannot without unreasonable expense and effort be exported lawfully to the Participant’s location or that the Participant has not furnished Juniper adequate information, assurances and certifications reasonably required to ensure that lawful delivery can occur. Juniper shall have no responsibility for importation of goods into any country other than one in which Juniper maintains an order fulfillment distribution center. Delivery terms for any goods awarded shall be DDP (INCOTERMS 2020) via a fulfillment partner, unless Participant must be present to be eligible to win at a live event or unless the Giveaway Item can be delivered electronically via email. Juniper is not responsible for any delay or failure to receive notification (including any requested documentation) for any reason, including inactive email account(s), technical difficulties associated therewith, the Participant’s failure to adequately monitor any email account or delay in obtaining any required export license. Any Participant notification not responded to or returned as incomplete may result in a giveaway item forfeiture. The Campaign Information may require affirmative acceptance or other additional conditions for a Participant to be eligible, and failure to meet such affirmative acceptance requirement or other additional conditions will make the potential Participant ineligible. - Applicable Laws and Taxes.
a. Participants agree to comply with all applicable laws, regulations, ordinances, and executive orders of any country, state, province, municipality, or government body applicable to (i) this Campaign, and (ii) Participant’s entry in this Campaign, and Participant will indemnify, defend and hold harmless Juniper and its subsidiaries and its and their respective directors, officers, agents, employees, vendors, and suppliers (collectively, the “Released Parties”) from and against any and all claims, demands, actions, litigation, investigations and proceedings arising out of or related to (a) Participant’s entry in the Campaign, including, without limitation, the delivery of a giveaway item under the Campaign; (b) Participant’s obligation to pay all taxes, if any, associated with any giveaway item received by the Participant; (c) any claims of employment, consulting, retention, hiring and/or any entitlement related thereto (including but not limited to pension, CPF, insurance or other benefits) by Participant; or (d) Participant’s breach or non-compliance of these Terms and Conditions.
b. The Giveaway Item provided under Campaign may be subject to taxes. Any and all taxes are the sole and personal responsibility of the Participant or recipient of a Giveaway Item provided under this Campaign. The Participant or recipient of a Giveaway Item agrees to assume all responsibility and liability associated with the accurate and timely reporting and payment of any and all taxes associated with a Giveaway Item.
c. Giveaway Items valued separately or cumulatively, in excess of $600 in a calendar year, are subject to tax reporting requirements. Giveaway item recipients will provide Juniper Networks with a completed Form W-9 or applicable Form W-8 series form, as appropriate, for U.S. federal income tax reporting purposes. Giveaway Item recipients that are U.S. Citizens and Permanent Residents of the US will receive a Form 1099-MISC on such giveaway items. Nonresidents aliens (non U.S. Citizens), may be subject to additional tax rules depending on circumstances and treaty status and benefits. Where applicable, taxable income will be reported on Form 1042-S and may be subject to income tax withholding. - General Conditions.
a. Juniper may modify, suspend, cancel or terminate this Campaign at any time and without any liability. Any modifications to the Campaign will have immediate effect. Nothing in these Terms and Conditions shall in any way be construed to (i) constitute Participant as an agent, employee, or representative of Juniper or (ii) create a partnership, joint venture or employer-employee relationship between Participant and Juniper. Participant agrees to conduct him or herself in a manner that, at all times (a) does not reflect negatively on Juniper or in any way harm Juniper’s reputation; (b) avoids unethical, illegal, misleading or deceptive practices; (c) does not make or appear to make any warranties, representations or guarantees on behalf of Juniper or related to Juniper products or services; and (d) complies with all applicable laws and regulations. By entering in the Campaign, Participant hereby: (x) agrees to be bound by these Terms and Conditions, and the decisions of Juniper, which shall be final and binding; (y) waives any right to claim ambiguity in the Campaign or these Terms and Conditions, except where prohibited by law; and (z) agrees and understand that these Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or Campaign materials.
b. Participant acknowledges that Participant has the sole responsibility for ensuring that Participant’s information is accurate, and that Juniper is kept aware of Participant’s current relevant information. Participant acknowledges and agrees that Juniper shall not be held liable or responsible for any inaccuracies or omissions contained in any information at the time such data is received by or on behalf of Juniper. Participant warrants that any information that Participant provides in connection with this Campaign is provided in accordance with all applicable laws and regulations.
c. Participant agrees that Juniper has not made any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to this Campaign or a Giveaway Item. All representations and warranties are hereby expressly disclaimed. Giveaway Items are provided “AS-IS” except as set forth in Section 10 (Juniper Products and Services). - Privacy.
a. Juniper and its Agents may collect Participant’s personal information, such as name, job title, address, telephone number, email address, voice, and likeness (collectively, “Personal Data”), to the extent necessary for the purposes of administering this Campaign and for purposes of marketing Juniper’s products/services. All Personal Data collected and processed by Juniper is subject to Juniper’s Privacy Notice. For the purposes of these Terms and Conditions, “Agents” shall mean contractors, suppliers, and subcontractors acting on behalf of a party.
b. By entering this Campaign, Participant agrees that Juniper may use Participant’s Personal Data to promote Juniper’s products and services, including emailing, calling, and providing Participant with tailored information about Juniper products/services. Participant may withdraw consent at any time, by using the opt-out link at the bottom of our marketing emails or submitting a request here. For more information on how Juniper uses Participant’s Personal Data, see Juniper’s Privacy Notice. - Governing Law and Disputes.
a. Except where expressly prohibited by applicable law, (1) this Campaign and the awarding of any giveaway items shall be governed by and interpreted in accordance with the laws of the State of California, USA without giving effect to any conflict of law principles, (2) all disputes arising out of or related to this Campaign and the awarding of any giveaway items shall be subject to the exclusive jurisdiction of the state courts of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California and (3) any and all disputes, claims, and causes of action arising out of or connected with this Campaign and the awarding of any giveaway items shall be resolved individually, without resort to any form of class action. - LIMITATION OF LIABILITY AND RELEASE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUNIPER AND ITS AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OF ANY KIND REGARDLESS OF THE FORM OF THE ACTION, ARISING OUT OF THIS CAMPAIGN OR THESE RULES, EVEN IF JUNIPER OR ITS AFFILIATES, AGENTS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH ACTION. ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, EXCLUDING ATTORNEYS’ FEES. PARTICIPANTS RELEASE AND HOLD HARMLESS JUNIPER AND THE OTHER RELEASED PARTIES FROM ANY CLAIM ARISING OUT OF ENTRY IN THIS CAMPAIGN OR GIVEAWAY ITEM RECEIPT OR USE. - Social Media Terms.
a. If the Campaign is posted on, or involves the use of, a social media platform or site (each, a “Social Media Site”), this section applies.
b. Any information Participant provides in connection with the Campaign is to Juniper and not to any Social Media Site. Participant understands that by using and interacting with a Social Media Site, Participant is subject to the terms, conditions, and policies that govern the use of those sites. Participant should therefore review the applicable terms and policies for the Social Media Site, including privacy and data gathering practices, before using or interacting with the Social Media Site. - Juniper Products and Services.
If a product and/or service that Juniper makes commercially available for purchase is the giveaway item, such product and/or service will be subject to, and acceptance of the giveaway item will constitute acceptance of, the then current end user license agreement located at https://support.juniper.net/support/eula/. - Prevailing Language.
The English language version of the General Campaign Terms and Conditions, Campaign Specific Terms and conditions, and the Campaign Information Page shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any. - Accessibility.
If you have any difficulty accessing and require assistance (for example: audio, large print, braille, etc.) to enter the Campaign, please contact the email address identified on the Campaign Specific Terms and Conditions and we will endeavour to provide the same.