JBL $10K TRAVEL GIVEAWAY PROMOTION
TERMS AND CONDITIONS
The JBL $10K Travel Giveaway Promotion runs from 1st September, 2020 to 31st December, 2020 and is governed by the rules set out below.
The competition is open to Australian residents only who are 18 years and over and time of entry.
There is no purchase or payment necessary to enter this competition.
All entries will be judged on their individual merit and winners chosen by Harman Marketing team throughout the competition period as detailed below.
Competition entries are void if in breach of any of the conditions below or activity is prohibited or restricted by Australian Federal, State or Local Council laws and regulations.
1. PROMOTER: The Promoter of the JBL $10K Travel Giveaway (the "Giveaway") is Harman International Industries Pty Ltd having an address Level 12, 600 Bourke Street, Melbourne VIC 3000 and its affiliates ("Company" or ''Harman"), whose decisions are final and binding as to all aspects of this Competition. Any inquiries regarding this competition are to be directed to the Promoter. The Promoter may promote and advertise this competition using services provided by Instagram, Inc. ("Instagram"), Facebook, Inc. ("Facebook"), Twitter, Inc. ("Twitter"), Youtube, Inc (Youtube), Tik Tok Inc (Tik Tok) however, this competition is in no way Promoted, endorsed or administered by, or associated with Instagram, Facebook, Twitter, YouTube, Tik Tok. Any inquiries regarding this Competition are to be directed to the Promoter.
2. BINDING AGREEMENT: These Official Rules ("Rules") constitute a legally binding agreement by and between Promoter and Entrant ("Entrant(s)"), and govern entry in the Competition. By participating, Entrants fully and unconditionally agree to abide by these Rules. Failure to comply with these Rules will void an Entrant's entry. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or Potential Winner may be required to provide proof of identification and eligibility as required by Promoter. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any other Competition or promotional materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.
3. ELIGIBILITY: The Competition is open only to persons who are legal residents of, and physically located within, Australia only and are at least 18 years of age or older at time of entry. An Entrant's entry into the Competition will be deemed to be a representation that the Entrant is 18 years of age or older. The Competition is void where prohibited or restricted by law. All Federal, State, and Local laws and regulations apply when filming and posting your entry. Employees of Harman International Industries Pty Ltd and their respective licensees, parent companies, subsidiaries, affiliates, suppliers, advertising and promotional agencies, and immediate family members (herein defined as spouse, parents, siblings, and children and each of their respective spouses, regardless of residence, and any person living in such a person's household, whether related or not) are not eligible to participate.
4. ENTRY PERIOD: The Competition starts at 12:01 a.m. Australian Eastern Standard Time ("AEST") on September 1st, 2020 and ends at 11:59 p.m AEST on December 31st 2020 (the "Entry Period"). Promoter's computer is the official time-keeping device and Promoter shall determine timeliness of entries in its sole discretion. Entries received after the Entry Period will not be eligible for judgement. Any proof of submission does not constitute proof of receipt. Entries will not be acknowledged or returned.
5. HOW TO ENTER: There are two (2) methods of entry. Entrants need only submit one method of entry but can submit multiple entries in the Online Social Media Method of Entry for judgement to increase their chance of winning. The Alternate Method of Entry (AMOE) is limited to one entry per person. The two methods of entry are - (i) the Online Method of Entry and (ii) the Alternative Means of Entry ("AMOE") outlined below (collectively, "Entry" or "Entries"). Entries received in excess of the limits stated herein are void, and Entrant may be disqualified in Promoter's sole discretion.
A: ONLINE SOCIAL MEDIA METHOD OF ENTRY: To enter via this method, entrants must follow @JBLAustralia and upload a photo or video of their favourite Australian destination to Instagram or Facebook with the following entry information:
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Promotion Name: JBL $10K Travel Giveaway
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Hashtag #TravelJBL
Entries that do not provide all of the above-listed information will be deemed ineligible (as determined in Promoter’s sole discretion). All entries must be received by December 31, 2020 at 11:59 p.m. AEST. Promoter is not responsible for late, lost, or damaged entries, or technical issues that otherwise might prevent Promoter’s receipt of any Entries. By submitting photos or videos using #TravelJBL you’re accepting our terms and conditions.
Entrants can enter this method multiple times but MUST choose a different travel destination for each entry.
B. ALTERNATE METHOD OF ENTRY: As an alternate entry mechanism for entrants who do not wish to enter via method A, or do not have access to social media during the Entry Period, eligible participants can enter the Competition through the JBL Win a Prize page at www.jbl.com.au/win-a-prize (the “Website”), entering their name, phone, email and response to 25 words or less question. Enter by clicking on the “Submit my details” button on the Competition entry page. Once an Entrant successfully clicks on the “Submit my details” button, Entrants submission will automatically be entered into the Competition for judgement. There is no cost to register for the Competition on the Website. Only one (1) Entry per person during the Entry Period will be eligible for the Competition. By making an Entry in connection with this Competition, you acknowledge and agree that the Promoter has the right to use your Submission in any way it sees fit. Entries generated by script, macro or other automated means and Entries which subvert the entry process in any way will be void and may disqualify any Entrant who uses such means to enter from participating. Entrants may not submit Entries with multiple email addresses nor use any device or artifice to submit Entries multiple times or as multiple Entrants. Any Entrant who attempts to submit multiple Entries, with multiple email addresses, under multiple identities or uses any other device or artifice to subvert the entry process will be disqualified from participation in the Competition, and Entries submitted by that Entrant will be void.
Potential Winners entries must comply with all Federal, State and Local Council laws and regulations. The Promoter will not accept entries and photos/videos that violate these rules and regulations or are not conducted in a safe manner according to health authority directives. Entries that are deemed unsafe, violent, discriminatory, offensive, dangerous or contain nudity or offensive language will be deemed ineligible.
6. MAJOR PRIZE WINNER SELECTION AND NOTIFICATION: On or about January 20, 2021, Promoter will select one (1) potential winner ("Potential Winner") from all eligible submitted Entries received during the Entry Period. The winner is considered a Potential Winner pending verification of eligibility and compliance with these Rules. Potential Winner will be contacted by e-mail approximately two (2) business days after the judgement of all entries and winner selection using the contact information given at the time of Entry in order to verify eligibility and confirm him or her as the winner. If the entry was submitted via Social media, then Harman will contact the winner via a Private Message in their Social Media Account. If Promoter is unable to contact any Potential Winner or if the Potential Winner fails to comply with these Rules or applicable law, the Potential Winner’s Prize is forfeited and an alternative winner will be selected.
The Prize will be awarded within approximately thirty (30) business days after the winner is verified by Promoter and all "Winner Requirements" (detailed in section 8 below) have been met.
In the event of a dispute over the identity of the winner, Entries will be deemed made by the authorised account holder of the social media or email account submitted at the time of Entry. The authorised account holder is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organisation (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Promoter will disqualify anyone suspected of entering by opening two separate accounts with different email addresses. The Potential Winner may be required to provide Promoter with proof that he or she is the authorised account holder of the email address associated with the winning Entry and that all eligibility requirements are met. If a dispute cannot be resolved to Promoter's satisfaction, the affected Entry will be deemed ineligible. Entrant is responsible for notifying Promoter in writing if his or her email or other contact information has changed.
7. PRIZE AND RETAIL VALUE ("RV"): Upon completion of the Winner Requirements, one (1) Potential Winner will receive $5,000 in travel vouchers and credit to be used within Australia (in Promoter’s sole discretion) between January 20, 2021 and January 20, 2022; The Retail Value ("RV") of the Prize is $5,000. Each month Ten (10) winners will be selected based on the merit of their entry and receive $100 in JBL Products, across the promotional period. A total of $5,000 of JBL Product will be awarded to bring the total value of the competition prizes to $10,000 AUD ($5,000 in travel vouchers and $5000 in JBL product). TheRetail Value ("RV") of the Secondary JBL product prizes is $100 AUD each. The Retail Value represents the Promoter’s good faith determination of the maximum retail value thereof. All costs, including federal, state and local taxes, insurance, and other expenses not expressly listed above, including, but not limited to, taxes, tips, entertainment, transfers, as well as seat assignment or baggage fees determined by selected airline and any costs/expenses related to participation in the Competition or acceptance or use of the Prize are Potential Winner’s sole responsibility. Potential Winner and his/her Guest are responsible for all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities, and any other fees and expenses not specifically mentioned in these Rules. Potential Winner and Guest agree that they accept the Prize and travel at their own risk. Promoter will not replace any lost or stolen tickets, travel vouchers or certificates or similar items. Promoter is not liable for any expenses incurred as a consequence of flight cancellation/delay. Promoter recommends that the winner of Travel Voucher purchases domestic travel insurance to protect themselves and belongings while travelling within Australia. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. Potential Winner may assign or transfer the prize to another person. Prize may not be combined with any other offer. If the Potential Winner is unable or unwilling to accept the Prize, or any portion thereof, as stated, the Prize may be forfeited in its entirety and may be awarded to an alternate winner at the sole discretion of Promoter. All details and other restrictions of the Prize not specified in these Rules will be determined by Promoter in its sole discretion. Promoter reserves the right to substitute an alternative prize, in whole or in part, of equal or greater monetary value if a prize becomes unavailable or cannot be awarded as described for any reason. Prize pictured in advertising, marketing or promotional materials is for illustrative purposes only. Promoter MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE POTENTIAL WINNER SHALL TAKE THE PRIZE "AS IS" AND AT HIS OR HER OWN RISK.
**Travel arrangements shall be booked exclusively by Veritas Events on behalf of JBL. Flights, Accommodation, Tours and all other services are subject to availability at time of request and shall be booked via platforms nominated by Veritas Events.
Travel reservations, once booked, are immediately paid in full upon confirmation. For this reason, bookings are non-refundable and non-transferable. If reservations need to be changed, we will do all possible to assist and changes are subjected to availability based on the new travel date. An amendment fee per person fee will apply, in addition to any charges imposed by airlines, hotels, or other suppliers. In the event of a no-show, reservations are completely non-refundable.
Odds of winning will depend on the number of eligible entries received. All entries will be judged by the marketing team at Harman International Industries Pty Ltd and each entry has equal chance of winning.
8. WINNER REQUIREMENTS: The Potential Winner must comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. If a selected winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return the Prize Claim Documents within the applicable time period, Promoter may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize. In the event a Potential Winner is disqualified for any reason, Promoter may (in its sole discretion) award the Prize to an alternate winner selected by a random drawing from among all remaining eligible Entries or not award the Prize. Arrangements for delivery of the Prize will be made after winner validation.
Acceptance of any prize shall constitute and signify the Potential Winner's agreement and consent that Promoter may use the Potential Winner's name, city, state, likeness, photo, Entry and/or prize information in connection with the Competition, including, but not limited to, Potential Winner’s participation in the Promotered Events, for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Rules, the Potential Winner shall irrevocably grant, transfer, convey and assign to Promoter the entirety of the rights in and to the Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Potential Winner accepts and acknowledges that Promoter shall not be obligated to use the Entry and that Promoter in its sole discretion shall have the right to refrain from using the Entry. Promoter shall not incur any liability whatsoever to the extent Promoter chooses to refrain from any exploitation of its rights hereunder.
9. RELEASES AND LIMITATIONS OF LIABILITY: By entering the Competition, each Entrant agrees to forever and irrevocably release and hold harmless Promoter, and its affiliates, parent companies, subsidiaries, representatives, consultants, contractors, attorneys, suppliers, distributors, advertising/promotional agencies, business partners, public relations, fulfillment and marketing agencies, website providers and their respective officers, directors, stockholders, employees, agents, and representatives (collectively, the "Released Parties") from any and all claims, lawsuits, judgments, causes of action, injuries, losses, proceedings, demands, fines, penalties, liabilities, costs and expenses (including, without limitation, reasonable legal' fees and costs) (collectively, "Claims") related to this Competition or Prize, including without limitation, Claims that may arise in connection with: (i) incomplete, lost, late, stolen, damaged, misdirected or illegible Entries or for failure to receive Entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an Entrant's ability to participate in the Competition; (ii) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (iii) any change in the Prize (or any components thereof) due to unavailability or due to reasons beyond Promoter's control; (iv) any incorrect or inaccurate information, whether caused by Entrant, printing or typographical errors or by any of the equipment or programming associated with or utilised in the Competition; (v) the violation of any third-party privacy, personal, publicity or proprietary rights; (vi) any interruptions in or postponement, cancellation or modification of the Competition or these Rules; (vii) any technical malfunctions or unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilised by any of the Released Parties or by an Entrant; (viii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (ix) death or personal injury caused by negligence any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Prize or resulting from acceptance, possession or use of a Prize including participation in any activity or travel related thereto, or from participation in the Competition; or (x) any inability of the Potential Winner to accept or use the Prize (or portion thereof) for any reason. Released Parties assume no responsibility for any damage to an Entrant's computer system which is occasioned by accessing the websites of Released Parties or participating in the Competition, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, error in Entries or selection announcement, or the failure to capture any information. Released Parties will not be responsible or liable for any Entries in excess of the stated limit or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such Entries may, in Promoter's sole and absolute discretion, be disqualified. Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Competition and/or the awarding of any prize. Released Parties will not be liable to Potential Winner or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a "Force Majeure" event or occurrence), or any other cause beyond Released Parties' control. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE RULES APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE APPLICABLE PORTIONS OF THESE RULES MAY NOT APPLY TO YOU.
10. ADDITIONAL RULES: Promoter reserves the right to (i) permanently disqualify from any Competition it Promoters any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Competition if Promoter believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Promoter is impairing or will impair the administration, security, fairness, or integrity of the Competition. If, for any reason, the Competition is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Promoter reserves the right to cancel, modify, or suspend the Competition or any element thereof. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Promoter reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Promoter may prohibit an Entrant from participating, winning, or accepting a prize (and void all associated Entries) if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Competition and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Promoter's representatives. Promoter's failure to enforce any term of these Rules shall not constitute a waiver of that provision. Entrants must have a valid e-mail address, and it is Entrant's responsibility to update Promoter of any change in e-mail address. Any violation of these Rules or any behavior of the Potential Winner that may bring the Potential Winner or Promoter into disrepute (in Promoter's sole discretion) or false and/or deceptive Entries or acts, including misrepresentation of age, may result in Potential Winner's disqualification from the Competition and all privileges as a winner will be immediately terminated.
11. INDEMNITY: Each Entrant (including Potential Winner and the Guest) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable legal fees and costs, arising out of or in connection with: (a) Entrant’s participation in the Competition; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any Prize, including without limitation, personal injury, death and property damage arising therefrom.
13. PRIVACY POLICY/DATA COLLECTION: Any personally identifiable information collected during an Entrant's participation in the Competition will be collected by Promoter or its designee and used by Promoter, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Competition as described in these Rules and in accordance with Promoter's Privacy Policy located at https://www.jbl.com.au/privacy-policy.html. Each Entrant agrees to the collection, processing and storage of Entrant's personal data by Promoter for purposes of the Competition.
14. WINNERS LIST AND NOTIFICATION: All winners will be notified by either email (if supplied) or through PM messages on their social media account. A list of the winner(s) will also be available on JBL Australia Facebook page approximately four (4) weeks after the last day of competition entries..
15. THE PROMOTER is Harman International Industries Pty Ltd. ABN: 84 603497 187. All judgements are final and correspondence will not be entered into.