MVP PROGRAM FOR ADOBE EXPERIENCE CLOUD COMMUNITIES PROGRAM TERMS
Effective Date: 24th September 2018
PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN THE ADOBE COMMUNITY REWARDS & BADGES PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE MVP PROGRAM FOR ADOBE EXPERIENCE CLOUD COMMUNITIES.
Adobe reserves the right to change, modify and/or eliminate the Program and/or all or any portion of these Terms or any policy pertaining to the Program at any time and in its sole discretion, including our right to discontinue or change the benefits or rewards received under the Program, merge the Program with another Program, or to adjust how points or badges are earned, calculated or redeemed. It is possible that you may be unable to receive enough rewards points to receive a reward if we discontinue the Program or merge the Program into another Program. If we make changes, we will post the amended Terms here and update the “Effective Date” above. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Terms will be effective immediately and your continued participation in the Program after the amended terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop participating in the Program.
1. Program Description
The Program is a free to join community engagement program that encourages participation in the community and providing expertise and knowledge through posts, comments, answers to questions, and other activities. Participants of the Program will earn points for designated Submissions (defined in Section 4 below) and will receive a “Most Valuable Participant” (“MVP”) badge and gift once 1,000 points are earned and a badge is approved by an Adobe Community Manager. These Terms provide a general overview of the Program. For more information about rewards points and the Program, see the Program webpage here. The Program is independent of any promotional activities for Adobe products, including contests, sweepstakes, and free giveaways by Community Managers or Adobe Community Managers. Points will not be earned (1) through purchases of Adobe goods or services or (2) through promoting or endorsing Adobe or its products or services.
2. Eligibility and Registration for Program
In order to be eligible to participate in the Program, you must:
a) Register or have previously registered as an Adobe Forum member, and
b) Agree to these Terms.
Eligibility Restrictions: The Program is intended for personal use only and commercial participants are not eligible to participate in the Program. Current Adobe employees and contractors, and immediate family members of current Adobe employees and contractors are not eligible to participate in the Program.
Once enrolled in the Program, you can view your total points earned through your Program user profile. You may only have one Adobe and Program account, and it is nontransferable.
4. Earning Points
The benefits that are available to you through the Program are based on the number of points that you earn by completing the following engagement activities on the Adobe Experience Cloud Communities (your “Submissions”). Points will be earned for each of the following Submissions, subject to compliance with the representations and warranties set forth in Section 5:
# of Points
Posting a correct answer (an answer marked as correct by the person who posted the query or the forum moderator)
Creating an idea
Creating a document
Posting a helpful response (a comment or answer that got marked as helpful by any reader of the post)
Commenting on an idea
Voting on an idea
Your Submissions may be moderated for consistency with the representations and warranties set forth in Section 5, and only those Submissions approved at Adobe’s or its designee’s discretion will result in points.
Promotional Activities and Events. From time to time, we, or others acting with our permission, may offer you opportunities to earn other incentives or gifts, such as by inviting you to engage with Adobe promotional events or activities (e.g., sharing pictures or videos, following on social media, etc,) (collectively, “Promotional Activities”). These Promotional Activities are not part of the Program and will be subject to the Terms provided by Adobe. Such Promotional Activities (and the terms of each Promotional Activity) may be communicated to you via email, via the Program page, the homepage on Adobe.com, or any other form of communication as solely determined by Adobe.
5. Representations and Warranties
You represent and warrant that:
a) You satisfy all eligibility requirements set forth in Section 2 of these Terms.
b) Your Submission(s) is not untruthful, incomplete, unsupported, inaccurate or misleading; reflects your honest opinions, beliefs, or experiences; and is voluntary, meaning submitted in your sole discretion.
c) Your Submission(s) is your original creation and owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Adobe in Section 7 below.
d) Your Submission(s): relate only to forum topics and those relevant to the Adobe community; and (ii) otherwise complies with the instructions set forth in these Terms.
e) If your Submission endorses, markets, or otherwise promotes the sale or purchase of Adobe’s products or services, you will disclose that you are affiliated with Adobe (e.g., “I routinely help with these problems to earn points as part of the MVP Program for Adobe Experience Cloud Communities”; or #AdobeMVPProgram).
f) Your Submission(s) does not: violate any third-party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) contain obscene, offensive, or indecent content; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (vii) contain unauthorized third-party trademarks or logos.
h) You will not send unsolicited bulk emails (spam) or engage in any other behaviors resembling spam, determined at Adobe’s discretion.
6. MVP Badge Award and Gifts
Obtaining MVP Status: Beginning 24th September 2018, Participants will earn points for the Submissions described in Section 4. Once 1000 points are earned from your Submissions, you will be eligible to receive an MVP badge. You will be notified via email of reaching MVP badge status and informed of the ongoing requirements to retain your MVP badge. Upon your approval, your full bio will be listed on the ‘Wall of Fame” or “Meet the Experts” page in the Community, but you may request your bio not to be listed when notified of your MVP badge and may request removal of your bio at any time. Adobe will comply with such requests within a reasonable timeframe.
At the applicable Community Manager’s discretion, you may receive one of the following items:
Points accumulated under the Program have no cash value. Your points and Program account are personal to you and may not be sold, transferred (by operation of law or otherwise) or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You are responsible for any taxes related to your participation in the Program. Adobe may edit, substitute, discontinue, or terminate, the points, awards, and gifts at any time.
Maintaining MVP Badge and Status: Once you have received an MVP badge, you are expected to continue contributing to the Adobe community in order to retain the status. If Adobe or a Community Manager its designee determines that you are no longer engaging in the community, you will receive an email raising the concern. If engagement does not improve to a satisfactory level within six months, at Adobe’s or a Community Manager’s discretion, you will lose your MVP badge status. Your activity and Submissions are subject to periodic review.
To the fullest extent permitted by applicable law, participation in the Program constitutes permission to use your name, hometown, aural and visual likeness for advertising, marketing, promotional, and other business-related purposes without further permission or compensation. By participating in this Program, you consent to being contacted by Adobe for any purpose in connection with this Program.
By agreeing to these Terms and providing your Submission(s) in connection with the Program, you hereby grant to Adobe a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission(s), or any portion thereof (including your name and likeness as shown and conveyed in the Submission(s), in connection with the Program, and for other advertising, marketing, and promotional purposes, and to incorporate Submission(s), in whole or in part, into other works in any manner, form, media or technology now known or later developed. Adobe will have no obligation to publish or use or retain any Submission(s) you submit or to return any such Submission(s) to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Adobe’s expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Adobe to effect, perfect or confirm Adobe’s rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Adobe, or its agents, licensees or assignees, of your Submission(s).
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL ADOBE OR ANY OF ITS AFFILIATES BE LIABLE FOR LOSS OF PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER LOSS OF ANY KIND (INCLUDING WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR LOSS FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE PROGRAM OR THE DELIVERY OR USE OF GIFTS OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OR CAUSE OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH LOSS WERE FORESEEABLE); AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM EXCEED $10.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OF ADOBE.
Without notice to you, Adobe or its designee reserves the right to suspend or terminate your participation in the Program if Adobe determines in its sole discretion that you have violated these Terms or that your participation in the Program is unauthorized, deceptive, fraudulent or otherwise unlawful. In the event that your participation in the Program is terminated, you will not be able to receive points or earn MVP status.