Terms & Conditions


Nutanix Customer Nutanix Connection Terms and Conditions

1.  Description.

 These are the official terms and conditions for Nutanix Customer Nutanix Connection (the “Program”).  The Program is being sponsored by Nutanix, Inc. located at 1740 Technology Drive Suite 150 San Jose, CA 95110, USA and Nutanix Netherlands B.V. located at Pharos Building 12th-15th Floor Mercuriusplein 1, 2132HA Hoofddorp Netherlands, as applicable (“Nutanix”).

These are the official rules (the “Official Rules”) for the Program.  The Program is void where prohibited or restricted by law, is subject to applicable federal, state, and local statutes, rules, regulations, and other laws (each a “Law”) and is governed by these Official Rules.  Through the Program, Nutanix will enable you to earn points (“Points”) for certain specified surveys, activities, referrals, or challenges (each, a “Challenge”) you complete.  Nutanix, at its sole discretion, determines the Point values associated with each Challenge.  Points may be eligible to be redeemed for certain rewards that may be offered from time to time (“Rewards”), such as gift cards provided through a third-party provider, electronics, branded items, charitable contributions, or admission to a trade show.  The Program will run until Nutanix terminates the Program, at its sole discretion.

 2.   Acceptance of the Official Rules; Program Site Policies; Laws.

 By participating in the Program, you agree to be bound by these Official Rules and by the decisions of Nutanix, which are final and binding in all respects pertaining to the Program.  Participation in the Program also is governed by the terms of use applicable to the Nutanix Hub website .Nutanix.com (the “Program Site”) which may be viewed on the Program Site.  The collection, use, and disclosure of information obtained online from participants in the Program on the Program website is governed by Nutanix’s Privacy Policy, which may be viewed at Nutanix.com/legal/privacy-policy (such privacy policy and the Program Site terms and policies are referred to in these Official Rules as the “Policies”).  In the event of any inconsistency between any of the Policies or any Program promotional materials and the terms and conditions of these Official Rules, the Policies shall prevail and govern.  By participating in the Program, you agree to comply with any and all applicable federal, state, and local statutes, rules, regulations, and other laws in connection with your participation in the Program.

3.  Eligibility.

 You must be a Nutanix customer in order to participate in the Program.  In order to be eligible for access to the Program, participants must be at least 18 years of age or older.  Employees of Government or government-owned entities (“Public Officials”) may participate in the Program by completing Challenges if permitted by applicable federal, state, and local statutes, rules, regulations, and other laws and you expressly certify that your participation in the Program complies with the same.  Public Officials may not earn or redeem Points for any Rewards.  Your employer also may impose restrictions on your ability to earn or redeem Points.  You certify that your participation in the Program and receipt of any Rewards fully comply with your employer’s code of conduct or equivalent policies, all applicable laws and regulations and that my employer is fully aware of and has approved your acceptance of the same. To earn Rewards, you must be an employee of an active Nutanix customer and meet all of the eligibility requirements set forth herein.

5.  Ineligible to Participate.

Nutanix customers, non-Authorized Nutanix customers, Influitive, advertising and promotion agencies, the Rewards providers, any other company or organization involved with the design, sponsorship, or operation of the Program, and each of their respective officers, directors, employees, and agents (collectively, the "Program Parties"), and immediate family and household members of such individuals, are NOT eligible to participate in the Client or Employee facing Program.  "Immediate family members" shall mean a person’s spouse and a person’s and their spouse’s parents, step-parents, legal guardians, children, step-children, siblings, and step-siblings, and each of their respective spouses.  "Household members" shall mean those people who share the same residence, whether related.

6.  How to Participate

You must create an account on the Program Site (an “Account”).  To create an Account, you must have a my.nutanix.com account and login credentials and be employed by a verified  Nutanix customer.  You may only possess one Account at a time.

 As part of the Program, you can earn Points by completing Challenges specified by Nutanix.  In order to complete particular Challenges, you must have user accounts with particular social media platforms (e.g., LinkedIn, Facebook, Twitter, Instagram, etc).  Creating such accounts is free, but subject to the terms and conditions of the applicable social media platform.  By participating in the Program, you agree to abide by all of the terms and conditions applicable to any social media platform you use in connection with your participation in the Program.

 Any posts, tweets or other statements you make through the Program Site, through social media, or otherwise in order to earn Points or participate in the Program must be truthful and not misleading, and otherwise must comply with all applicable Laws, including without limitation any laws regulating customer endorsements and testimonials.  For example, a complete Challenge via Twitter would consist of: a tweet via Twitter that contains the content set forth in the particular Challenge, includes the hashtags #Nutanix or tags @Nutanix or @NutanixCustomers.  Your tweets must be viewable by Nutanix to receive points.  This may require you to change your account settings so that your tweets are “unprotected” and/or “public.”

 As another example, one or more Challenges may ask you to refer Nutanix programs, events, or promotions to colleagues who you believe may be interested in learning more about Nutanix’s products or services.  You must not send any unsolicited marketing messages to anyone who you know does not wish to receive them and you otherwise must comply with all applicable laws, including all data privacy laws pertaining to the sending of unsolicited marketing communications. 

7.  Community Standards.

Nutanix respects its customers and members of the public and expects all Program participants to do the same.  In order to be able to participate in the Program, you must not: disparage any person, including without limitation Nutanix, its products, or its services; engage in any conduct or post any content that is tortious, defamatory, libelous, or violative of another’s privacy, publicity, intellectual property, or other rights (including, without limitation, any personally identifiable information of any other person such as a name, social security number or date of birth); post any content that is not suitable for publication to a general audience (i.e., it may not be indecent, obscene, pornographic, hateful, in poor taste, or otherwise inappropriate, as determined by Nutanix in its sole discretion); act in an unsportsmanlike or disruptive manner or with the intent to disrupt or undermine the legitimate operation of the Program; annoy, abuse, threaten or harass any other person; use any Challenge, the Program Site, or any other aspect of the Program to promote any of your products or services or those of third parties; make any statement that is untrue or misleading; engage in any conduct or post any content that is violative of any law; violate the terms of the Program Site, any social media platform, or other third party site involved in the Program; or violate any other aspect of these Official Rules.  In addition, you must not use the Program Site, any Challenges, or any other aspect of the Program to post any account, maintenance, or support-related requests or concerns; all such requests and concerns should be directed to Nutanix’s customer service team as described on Nutanix.com/customer-service.  The above community standards apply whenever and wherever you are participating in the Program, including without limitation on social media or any user groups or other forums that may be established on the Program Site or otherwise in connection with the Program. 

8.  Points.

Nutanix may change the Points associated with any Challenge at any time.  Points do not constitute property of the holder, are not transferable, are not redeemable for cash or for any other form of currency or credit, have no fixed or ascertainable cash value, and cannot be returned, exchanged, refunded or replaced by cash.  Points earned in the Program are not valid in, and may not be used in combination with, any other program offered by Nutanix or third parties.  Nutanix reserves the right to be the final arbiter on any issues related to Points.  Unused points earned by advocates for completing challenges are subject to expiration after 12 continuous months of non-redemption for rewards.

 9. Rewards.

Points may be redeemed for Rewards in the Program in accordance with the instructions on the Program Site.  You must be an active Nutanix customer and Customer Nutanix Connection advocate and meet all of the eligibility requirements set forth in these Official Rules in order to redeem Points for any Rewards.  Nutanix reserves the right to change the identity of any Rewards or the number of points necessary to redeem any Rewards at any time by updating the redemption portion of the Program Site.

 

All Rewards are “AS-IS” and are subject to availability.  This is true even as to training credits or services that Nutanix may provide directly to you as Rewards - all such credits and services are provided without representations or warranties of any kind, notwithstanding the terms of any service agreement or other agreement between you and Nutanix.  Nutanix reserves the right to substitute for any Reward any item of equal or greater value.  Nutanix is not responsible for delays, cancellations, or other problems with travel or accommodations resulting from any carriers, hotels, travel agents, weather, fires, strikes, bankruptcies, governmental actions, wars, terrorism, or any other causes beyond the reasonable control of Nutanix.

 

All costs and expenses not expressly identified in the description of any Reward are the sole responsibility of the participant or Nutanix customer who elects to redeem Points for such Reward.  For example, if the Reward is admission to a tradeshow, each Nutanix customer is solely responsible for any required travel to and from the tradeshow location and all associated expenses, including without limitation any required airfare, ground transportation, meals, and travel document costs.  Winners and their travel companions must be in sufficient physical and mental condition for safe travel to their Reward location.

 

Some Rewards may be subject to particular terms and conditions that limit the use of that Reward.  Except for Rewards that are provided directly by Nutanix, such as training credits or Nutanix services, Nutanix has no control over the Rewards providers or any terms and conditions applicable to any Rewards.  For example, Rewards may include one or more gift cards, gift certificates, stored-value cards, similar cards or certificates (whether in physical, electronic, or another form), or other items or services, which may be redeemed or received only at or through participating retailers or other locations.   By redeeming any such Reward, you acknowledge that acceptance and use of any such Reward are subject to all eligibility criteria, expiration dates, service or dormancy fees, use restrictions, and all other terms and conditions (if any) imposed by the issuer or provider of any such prize.   Unless otherwise specified on the Program Site in connection with a Nutanix-provided Reward, neither Nutanix nor any of its parents, subsidiaries, or affiliates is responsible for establishing those terms and conditions, for disclosing or explaining any of those terms and conditions to the entrants, or for any Reward recipient’s failure to comply with any of them.   If you do not comply with all of those terms and conditions, or if you do not have access to a participating location, you may not be able to obtain the maximum value, or any value, from any such Reward. 

10. Taxes.

The value of each Reward may be taxable to each recipient as income.  Each Reward recipient shall be solely responsible for all federal, state, provincial, and/or local taxes (including income and withholding taxes), and the reporting consequences thereof, for any other fees or costs associated with the applicable reward(s), and for any other liabilities incurred in connection with any Reward.

11.  General Program Conditions.

 All details and other restrictions on Points or Rewards not specified in these Official Rules will be determined by or on behalf of Nutanix in its sole discretion.  Disputes and inquiries about the Program may not be acknowledged or answered.  Incomplete, unreadable, late, or unintelligible Challenges are void.  In the event of a dispute as to the identity or eligibility of an Account holder, the Account holder will be deemed to be the "Authorized Account Holder" of the email address associated with that Account.  The "Authorized Account Holder" is defined as the natural person to whom the email address has been assigned by the applicable email service provider.  Use of any automated system to participate in the Program is prohibited and will result in disqualification of all associated Challenges and Points.  You may not use multiple Accounts to complete Challenges, and if you do so, all of your Challenges may be disqualified, all of your Points may be withheld or eliminated, and your Account may be suspended or terminated.  Multiple Nutanix customers are not permitted to share the same Account.

12. Termination of Participation.

You are free to discontinue your participation in the Program at any time by contacting your Nutanix Program administrator or by emailing kaveri.mekerira@nutanix.com and requesting removal from the Program.  If you are removed from the Program, you will no longer be able to earn any Points or to redeem Points for Rewards.  In addition, Nutanix reserves the right to suspend or terminate your Account and your participation in the Program at any time in its sole discretion, including if: (i) you are no longer a customer or employee of Nutanix; (ii) you have not participated on the Program Site or otherwise engaged in the Program in the calendar year; (iii) Nutanix believes you may have tampered with the participation process, the operation of the Program or the Program Site, or the security of the Program Site, or have attempted to do so; or (iv) Nutanix believes you may have violated these Official Rules.  Nutanix is not obligated to provide a reason for why it disabled your Account but may provide you with notice of your Account closure at the email address associated with your Account.  If your account is terminated, Nutanix reserves the right to withhold, disqualify, and/or eliminate any Points you may have earned prior to termination.  Nutanix reserves the right to seek damages and other remedies from anyone found to have engaged in any of the above described behavior to the fullest extent permitted by Law.

13. Collection and Use of Your Information in the Program.

 When you participate in the Program, Nutanix may collect information about you such as, but not limited to, your name, address, phone number, email address, product expertise and industry expertise. Information and data that Nutanix collects from you through the Program Site enables Nutanix to administer the Program, protect against fraud, improve Nutanix services and provide a personal experience on the Program Site.  If you do not wish to have your Points displayed on the Program Site, you may opt-out of sharing such information by selecting ‘Remove Me’ within the leaderboard section of the Program Site.  Nutanix may use your personal data or other information obtained from you through the Program in accordance with Nutanix’s Privacy Policy and other Policies.  Please refer to the Policies for important information regarding the collection, use, and disclosure of personal information by Nutanix.  You may request removal from Nutanix’s mailing lists by contacting unsubscribe@Nutanix.com as described in the Nutanix Privacy Policy.  Please note, however, that Nutanix’s privacy policy does not apply to third party websites. In addition, except to the extent prohibited by Law, by participating in the Program, you grant to Nutanix and each of its respective designees the right to publicize your name and address (city and state of residence), photo (if provided), and rewards information in connection with the Program, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission.

14. EEA Rights

 If you are a visitor/customer located in the European Economic Area ("EEA"), Nutanix Netherlands, B.V. is the data controller of your personal information. Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.

You have the following rights:

If you wish to access, correct, update or request deletion of your personal information, please contact us, at privacy@nutanix.com.

You can object to processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. To exercise these rights contact us or by email: privacy (at) nutanix.com.

If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

To exercise these rights contact us or by email: privacy@nutanix.com.

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives, then we will securely store your personal information and isolate it from any further processing until deletion is possible.


15.  Release of Liability.

By participating in the Program, you agree that neither the Program Parties, nor any advertising or social media platform through which Points may be earned (including without limitation LinkedIn, Facebook, Twitter, Instagram, and Pinterest), shall be responsible for and, to the maximum extent permitted by Law, release and hold harmless the Program Parties and each such advertising or social media platform from and against, any and all claims, injuries, damages, liabilities, costs, expenses, or losses of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) that may occur, directly or indirectly, in whole or in part, from (i) your participation in the Program; (ii) any violation by you of these Official Rules, the Policies, or applicable Law; (iii) your acceptance, receipt, possession and/or use or misuse of any Points or Rewards (or any portion of any Reward); (iv) any incorrect, incomplete, garbled, or inaccurate information, or any failure to capture any information regarding deadlines, any Challenge, any Points, any Rewards, these Official Rules, or any other aspect of the Program, whether caused by you typographical errors, printing errors, human error, or by any of the equipment or programming associated with or utilized in the Program; (v) any damage to your equipment (such as a computer system or mobile device) which is occasioned by accessing the Program Site or participating in the Program; (vi) miscommunications, or any failed, jumbled, delayed, or misdirected computer, telephone, cable, or other transmissions, including without limitation posts or tweets; (vii) any technical malfunctions, failures, delays, difficulties, or other errors of any kind or nature; (viii) any response, email, Reward, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged; (ix) any failure of any postal or delivery service; or (x) any events beyond Nutanix’s reasonable control.

 

16.  LIMITATION OF LIABILITY.

NUTANIX SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, ANY REWARD, OR THESE OFFICIAL RULES, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH PARTICIPANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED.  YOU UNDERSTAND AND AGREE THAT YOUR PARTICIPATION IN THE PROGRAM, PROGRAM SITE AND ALL REWARDS ARE "AS IS" AND “AS AVAILABLE.”  NUTANIX IS NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR: (I) ANY CONTENT ON THE PROGRAM SITE OR ANY THIRD-PARTY SITES OR CONDUCT; (II) ANY VIRUSES OR OTHER DISABLING FEATURES THAT MAY AFFECT YOUR ACCESS TO OR USE OF THE PROGRAM OR PROGRAM SITE OR PROPERTY; (III) INCOMPATIBILITY BETWEEN THE PROGRAM AND OTHER SERVICES, SOFTWARE OR HARDWARE; (IV) DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE PROGRAM IN AN ACCURATE OR TIMELY MANNER; AND (V) LATE, LOST, INCOMPLETE, DELAYED, INACCURATE, GARBLED, UNDELIVERED OR DAMAGED REGISTRATIONS, POINTS, OR OTHER ERRORS OF ANY KIND.  NUTANIX DOES NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE PROGRAM, PROGRAM SITE OR ANY REWARD.  IN NO EVENT SHALL NUTANIX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).

The foregoing limitations of liability apply even if available remedies do not fully compensate you for any losses or fail of their essential purpose; or Nutanix knew or should have known about the possibility of the damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent that Nutanix may not, as a matter of applicable Law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of Nutanix shall be the minimum permitted under such applicable Law.

17.  Termination/Modification of the Program.

Nutanix reserves that right, at its sole discretion, to terminate the participation of any participant in or exclude any participant from the Program at its sole discretion for breach of the Program rules or otherwise without notice.  All Points earned and not claimed as well as any Rewards claimed but not received shall immediately lapse at that point.

In addition, Nutanix shall have the right to modify, suspend, or terminate the Program, in its sole discretion, at any time for any reason, including without limitation as a result of natural disaster, equipment failure, civil disturbance, fraud, financial, or administrative difficulties, technical problems (such as a computer virus/ bug), unauthorized intervention that corrupts the administration, security, fairness, integrity or proper functioning of the Program, or other causes not within the control of the Nutanix.  In addition, if, in the exclusive judgment of Nutanix, the Program (or any portion thereof) becomes compromised in any way, Nutanix reserves the right, at its sole discretion, to cancel any Challenge, to void any Challenges completed or Points that Nutanix suspects were obtained fraudulently, and/or to limit the right to redeem Points for Rewards only to non-suspect eligible participants.  Upon Program cancellation, your right to use the Program and earn Points ends immediately, and your right to redeem Points for Rewards also may be terminated immediately in Nutanix’s sole discretion.  Nutanix may attempt to give you advance notice prior to terminating your account or ability to earn or redeem Points, but ultimately it is solely your responsibility to keep track of your participation in the Program and any deadlines for earning or redeeming Points.

18. Changes to Official Rules

Nutanix reserves the right to make changes in these Official Rules at any time.  Any such changes will become effective upon notice via online posting on the Program Site.  If you do not agree to these changes, you must notify your Nutanix Program manager and stop participating in the Program and Program Site.  Nutanix will thereafter close your Account.  If you do not stop using the Program, the revised Official Rules shall govern your use of the Program.  You should review the Official Rules periodically to ensure your familiarity with the most current version.  Nutanix’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

19.  Severability.

 The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and that provision should be construed in a manner designed to effectuate the purpose of that provision to the greatest extent possible under applicable Law.

 20. Disputes.

Nutanix will be the sole arbiter for any disputes arising under or in connection with the Program. 

21.  Notices Nutanix Sends You; Consent Regarding Electronic Information.

These Official Rules are in electronic form.  Nutanix may send you information in connection with the Program and additional information the Law requires it to send you.  Nutanix may provide required information to you by e-mail at the e-mail address you specified when you signed up for the Program. Notices emailed to you will be deemed given and received when the email is sent.  If you do not consent to receive any notices electronically, you must stop using the Program. 

22.  Assignment.

Nutanix may assign, transfer or otherwise dispose of its rights and obligations under the Rules, in whole or in part, at any time with or without notice to you.  You may not transfer to anyone else, either temporarily or permanently, any rights to use the Program or any part of the Program.

24.   No Endorsement.

Nothing contained in these Official Rules or in any of the Program or other materials should be construed as an endorsement by Nutanix of Influitive Corporation; Tango Card, Inc.; any Reward provider, or any other third party, product, or service.  Rewards suppliers are not sponsors of the Program and in no way endorse or are associated with Nutanix, unless otherwise stated.  The Program is in no way sponsored, endorsed, or administered by, or associated with, any social media platforms, such as LinkedIn, Facebook, Twitter, Instagram, or Pinterest.