Terms and Conditions of Participation in the SMA TS4-R Sales Competition

1. General
SMA Solar Technology AG (SMA) is inviting photovoltaic installers to participate in a sales competition for SMA TS4-R. The competition is a voluntary promotion, which rewards the installation of TS4-R devices in a unique way. As part of the sales competition, participating companies can receive vouchers if they register their purchased and installed TS4-R devices and will also get the opportunity to win tickets to an exclusive event. These general terms and conditions of participation establish the rules for participation in the sales competition and the scope of the prize to be awarded by SMA as part of this limited promotion. 

2. Participants
In principle, all companies who install the TS4-R components themselves and sell to end customers are eligible to participate in the sales competition for solar power professional companies. This includes solar technology specialists, photovoltaic specialists and associated companies. Companies with headquarters in the UK, France, Belgium and the Netherlands are eligible to participate. Participating companies are clearly verified by their value-added tax registration number. End customers, traders, other distributors and competitors of SMA are excluded from participation in the competition. SMA is entitled to reject applicants unless man-datory legal provisions prevent it from doing so. SMA will inform the applicant promptly of the rejection.

3. Participating Regions and Language
The sales competition is limited to the regions of the UK, France, Belgium and the Netherlands. Promotion communications are issued exclusively in German. 

4. Registration
Registration and participation is only permitted as a company, using the company address. Only legally authorized representatives of the company or representatives appointed by power of attorney (e.g., managing directors, authorized agents) are entitled to register. If a legal entity registers, an individual person must be appointed to act as the responsible contact person for the sales competition. The appointed person must be authorized to manage the participant’s data. By registering, potential participants confirm that they are entitled to register and that all information supplied is correct. Participants undertake to provide prompt information of any changes to their registration data. 

4.1. Registration process

You can register to participate via the website www.SMA-UK.com/action for the UK, www.SMA-France.com/action for France and the French speaking people in Belgium, www.SMA-Benelux/action for the Netherlands and the Dutch speaking people in Belgium. The final registration deadline is December 31, 2017 at 11.59 p.m.

4.2. Promotion communication

Communications about the content of the sales competition are mainly sent via email. Participating companies agree to the use of the contact data provided.

5. Conditions of the Sales Competition

The number of TS4-R-M, TS4-R-S and TS4-R-O purchased and installed is taken into account. Other components, such as the Cloud Connect Advanced communication units are excluded from the sales competition. The promotion period runs from August 1, 2017 to December 31, 2017 (invoicing date).

5.1. Prize scale
Individual prizes: Participating companies will receive a voucher worth €20 for every 50 TS4-R components that are registered. The process involves adding up all the TS4-R components. The function of the components is not relevant. A description of the individual prizes can be found in section 6.1 Individual prizes. Main prize: The companies with the highest number of devices will win a VIP day for two people at the Nürburgring. A breakdown of the winners according to country can be found in section 6.2 Main prize. 
5.2. Promotion period
The promotion is limited to the period between August 1, 2017 and December 31, 2017. Participants can join at any time during this period. The date on the invoice submitted is the validity date for the registration of TS4-R components. The final deadline for submitting invoices is January 18, 2018 at 11.59 p.m.
5.3. Submitting invoices
All devices are taken into account for which a valid invoice is submitted to SMA. Each device may only be submitted once. Submitted invoices will only be taken into account  if the following items are identifiable on the submitted invoices:
- Recipient of the invoice (your company with the name you used for the participation registration)
- Invoice number and date
- TS4-R device designation and number of devices.If desired, information that is not relevant for the competition can be blacked out (price, details about other products, etc.). 

Invoices may only be submitted for devices that have been purchased and have been/are being installed. In the event of fraud or attempted fraud, participants will be disqualified from the competition immediately. 
5.4. Submission/registration methods
Invoices can be submitted to SMA using the following methods:
- Via email at action@SMA-Benelux.com

6. Prizes
The participating company is always the recipient of the prize.

6.1. Individual prizes
For every 50 purchased and installed TS4-R components that are registered, the company will receive a Mastercard voucher worth €20. The voucher can be redeemed at several well-known providers.For every 100 purchased and installed TS4-R components, the company will receive a voucher worth €20. This equals approximately 18 pounds depending on the exchange rate the day the voucher is issued.

6.1.1. Payout
As soon as 50 devices are registered, SMA automatically and promptly sends the voucher to the participating company. This process is repeated every time the next 50 devices are achieved, i.e. 100 devices, 150 devices, etc.
It is not possible to claim proportional payment of a voucher for less than 50 devices or a number of devices that is between the multiples of 50. For example, if 75 devices are reached, the second €20 voucher is sent upon reaching 100 devices. The remaining 25 devices are not remunerated proportionally. 
6.2. Main prize 
Main prize: The companies with the highest number of devices will win a VIP day for two people at the Nürburgring. These companies are broken down according to the participating countries as follows:
- The most successful company from the UK
- The most successful company from France
- The most successful company from Belgium
- The most successful company from the Netherlands

6.2.1. Notification of prize winners
All invoices submitted up to and including January 14, 2018 will be evaluated by SMA in January 2018. Following this, the winners will be determined and informed in January using the information provided during registration. The participating companies are responsible for ensuring that the information provided is accurate. Winners must confirm to SMA their acceptance of the main prize within ten working days and accept the terms and conditions of participation for the main prize (see 6.2.2 below). If this does not occur, the claim to the prize is forfeited and a replacement winner is determined using the same process. 
6.2.2. Terms and conditions of participation of the main prize 
To participate in the main prize, winners must accept the event participation terms and conditions stipulated by the Nürburgring and a fixed date in spring 2018 set by SMA. Participating companies agree for their names to be published as the winners. The prize is for two people per company. No cash payment, exchange or transfer of the prize to a different company is permitted.

7. Taxation 
Within the meaning of tax law, prizes represent earnings (monetary benefit) and recipients must pay tax on them accordingly. Unfortunately, it is not legally possible for SMA Solar Technology AG to pay this tax. Taxes must therefore be checked and, if necessary, paid by recipients.

8. Termination
Participating companies may terminate their participation in the sales competition without notice and at any time. In such cases, SMA will deactivate the participant’s account. The number of devices recorded up to this point will be forfeited. These companies are not entitled to the resumption or payment of partial vouchers.

The sales competition closes at the end of the submission period for invoices on January 14, 2018 at 11.59 p.m. If a further 50 devices are achieved up to this point, a €20 voucher will be sent to the participating company as described in section 6.1 Individual prizes. It is not possible to claim proportional payment of a voucher for less than 50 devices or a number of devices that is between the multiples of 50. For example, if 75 devices are achieved, the second €20 voucher is sent upon reaching 100 devices. The remaining 25 devices are not remunerated proportionally.

SMA reserves the right to change or terminate the promotion in the event of unforeseen circumstances, without giving reasons and at its own discretion. This right shall be exercised in particular if the sales competition cannot be continued due to technical or legal reasons. The process, program and event date of the promotion are subject to change. 

9. Disclaimer

All liability claims against SMA relating to damages of a material or immaterial nature that were caused as a result of participation in the competition are excluded, provided that no intentional or grossly negligent culpability exists on the part of SMA. SMA shall bear no liability for the incorrect transfer or loss of data. This applies in particular to cases in which data is not transferred or not transferred in a timely manner as a result of incorrect and/or incomplete data provided by the participating company, faults with the website or email systems or incorrect data provided in answers or possible answers to SMA. Liability for data loss is limited to the typical cost to recover the data that would apply when making regular backups appropriate to the risk, unless there was an intentional or grossly negligent act on the part of SMA. SMA shall not be liable for omissions by the provider of the main prize nor for other omissions in connection with the provision of the prize. Regardless of the legal basis and to the extent permitted by law, compensation claims against SMA in connection with the sales competition are excluded, unless SMA violates its legal obligations – either intentionally or as a result of gross negligence. 

10. Applicable Law, Place of Jurisdiction
These Conditions of Participation are subject to the substantive and procedural law of the Federal Republic of Germany. The place of jurisdiction for all disputes arising from these Conditions of Participation is Kassel.

11. Severability Clause
If parts or individual formulations of these terms and conditions of participation do not comply with, no longer comply with or do not fully comply with applicable law, this has no effect on the remaining parts in terms of their content and validity. The ineffective provision will be replaced with a regulation, to be determined by means of interpretation, that comes as close as possible to the financially and actually intended regulation in a legally effective way.

If you have any questions about the sales competition, please contact the promotion team by email at action@SMA-Benelux.com.

Niestetal, August 2017
SMA Solar Technology AG, Sales Competition SMA TS4-R,
Sonnenallee 1, 34266 Niestetal, Germany