Terms and conditions for weekly winners

JBL True Wireless #SoundThatFitsYou #JBLFindYourFit Instagram | TikTok | promotion Terms & Conditions

Update to Promotion Terms and conditions dated 22 December 2020: Promotion Period is extended until 31 January 2021. Please see below additional modification in section ‘Prizes’. All other Terms and Conditions not expressly indicated as amended in below Terms and Conditions remain unchanged and in full force.

These Terms and Conditions apply to HARMAN’S “JBL #JBLFindYourFit #SoundThatFitsYou Instagram Giveaway ” Promotion (hereinafter referred to as “the Promotion”) made available on  https://jblfindyourfit.com/ (“JBL FindYourFit Website”) and promoted on @jblaudio_eu, @jblaudio_uk, @jblaudio_de, @jblaudio_nl, @jblaudio_bel, @jblaudio_fr, @jblaudio_no, @jblaudio_esp, @jblaudio_dk Instagram pages (“JBL Instagram Page”) and @jbleurope TikTok Page (“JBL TikTok Page)” and such JBL official brand ambassador and influencer instagram pages, during the Promotion Period (as defined below).

No purchase necessary. A purchase will not increase your chances of winning.

The Promotion is open only to participants from Austria, Switzerland, France, The United Kingdom, The Netherlands, Belgium, Germany, Spain, Denmark and Norway (“Participating Country”), who have internet access, an Instagram account or a TikTok account and who follows JBL brand through corresponding JBL Instagram Page or JBL TikTok Page at the start of the Promotion.

The organiser is the private limited company under Dutch law HARMAN Consumer Nederland B.V. (hereinafter to be referred to as “the Sponsor”), with its registered office at Herikerbergweg 9, 1101CN Amsterdam in the Netherlands, it being understood that the Sponsor’s activities shall be run either by the Sponsor itself or by the relevant Sponsor affiliate, located in the Participating Country concerned.

Within the context of the Promotion, a Prize shall be given away to the winning participants selected at random from among all eligible participants by the Sponsor, or its affiliate (“Winner”).

Participation in the Promotion means the unconditional acceptance by the participant of these Terms and Conditions, without any reservation or limitation, including each subsequent Sponsor decision relating to this Promotion.

How to enter
In order to qualify for a chance to win a prize (the “Prize” or the “Weekly Prize” as defined below) during the Promotion Period, eligible participants must (i) log onto JBL FindYourFit Website, select one of the JBL videos that ‘Fits You’ and create a face swapped video by surimposing his/her face using the Reface AI (https://reface.ai/) APIs (the created video shall be referred to as “JBL FindYourFit Content”), (ii) upload and share the JBL FindYourFit Content publicly on their personal Instagram account (either as a Feed post, a Reel or a Story), or on their personal TikTok account with the hashtag #JBLFindYourFit, during the Promotion Period.

Your Instagram or TikTok profile must be public in order to participate and have a chance to win a Prize.

Participant agrees and acknowledges that participant will use his/her own image for the purposes of creating the JBL FindYourFit Content and shall not use the image of any third person, without the express permission of such third person. Participant agrees and acknowledges that participant will only use and/or share the JBL FindYourFit Content in accordance with these Terms and Conditions and there shall be no stand alone use of the JBL FindYourFit Content in any manner.

Participant further understands that Sponsor will not access, receive and/or see the JBL FindYourFit Content until participant decides to upload and share the JBL FindYourFit Content publicly on his/her personal public Instagram account (either as a Feed post, a Reel or a Story), or on their personal public TikTok account with the hashtag #JBLFindYourFit.

Prizes (amended as of 22 December 2020)

Applicable to participation during the Promotion Period from 10 December 2020 at 09:00 a.m. Central European Time to 21 December 2020 at 23:59 p.m. Central European Time:

One of the following Prizes will, each day of the Promotion Period, be awarded to a winner selected at random from among all eligible participants: 

  • JBL Tune 225TWS headphones, or
  • JBL Reflect Mini NC+ headphones, or
  • JBL Live Free headphones.

Equal quantities of Prizes are available and will be given away by Sponsor during the Promotion Period. Sponsor will allocate one of the Prizes to each day of the Promotion Period, at its sole discretion.

Applicable to participation during the Promotion Period from 22 December 2020 at 09:00 a.m. Central European Time to 26 January 2021 at 23:59 p.m. Central European Time:

One of the following products (each a “Prize”) will, each Week (as defined below) on Friday, be awarded to five (5) winners selected at random from among all eligible participants

  • JBL Tune 225TWS headphones, or
  • JBL Reflect Mini NC+ headphones, or
  • JBL Live Free headphones.

Sponsor will allocate one of the Prizes to each day of the Promotion Period, at its sole discretion. For the purposes for selecting winners, a “Week” shall mean each recurring period of 7 calendar days starting on 22 December 2020 until the end of the Promotion Period.

Promotion Period (amended as of 22 December 2020):

Promotion period is from 10 December 2020 at 09:00 a.m. Central European Time to 21 December 2020 at 23:59 p.m. Central European Time. Per amendment dated 22 December 2020, the Promotion Period is extended and will accordingly end on 26 January 2021 at 23:59 p.m. Central European Time. Within three (3) business days from the end of each day of the Promotion Period, Sponsor will conduct a random drawing using an automated software observed by an independent third party, of all qualified entries for that particular day.


Winners shall be contacted via a direct message on Instagram or TikTok within five (5) business days from the end of relevant day of participation. The Winner must respond within 48 hours after receipt of such notification.

The failure to respond timely to any notification may result in forfeiture of the prize and, in such case Sponsor may randomly select an alternate Winner from among the remaining eligible entries, up to three (3) attempts. Winner may also be sent a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, Winners will be required to complete and return the Release within five (5) calendar days from the date of notification. An alternate Winner may be randomly selected from among the remaining eligible entries if a Winner: (i) cannot be reached; (ii) fails, where required, to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Terms and Conditions; or (iii) cannot accept or receive the prize for any reason. Winners will receive additional Prize arrangement details once eligibility is determined. In the event of a dispute about the identity of a Winner, each entry will be declared made by the authorized account holder of the email account submitted at time of entry.

Participation conditions

The date and the time of registration must be within the Promotion Period stated above. Participation is free of charge, voluntary.

Participation in the Promotion is limited to one (1) entry, one (1) submission. Entry will be monitored by Instagram or TikTok public account details of participants.

Participation in the Promotion is open only to natural persons residing within the Participating Countries and that are 16 years or older.

During the entire Promotion Period, participants must have a valid identification (i.e. passport), and, immediately on request, make a copy thereof available to the Sponsor or its affiliate, and be available for identification and age check thereafter.

Employees of the Sponsor and of all affiliated companies, subsidiaries and advertising/promotion agencies and their immediate family members are barred from participation.

In the event participant desires to be excluded from the Promotion, participant shall send an email to customer.support@harman.com using subject ‘JBL #JBLFindYourFit #SoundThatFitsYou Instagram Giveaway exclusion’ and in the email the relevant participant Instagram or TikTok details.

Incorrect, illegible, incomplete, late or incorrectly addressed entries shall not be processed. The Sponsor and its affiliates shall not be liable for inadequate entries as a result of errors or technical failures of any nature whatsoever, including a poorly functioning network, hardware or software, whether connected with Reface AI (https://reface.ai/) APIs  or not, and irrespective of whether problems arise with the sender or the Sponsor.

The Sponsor retains the right to disqualify entries if the Sponsor is of the opinion that either abuse exists or aspects of the Promotion are being violated.

In the event one of the provisions stated in these Terms and Conditions is infringed upon, participation shall by operation of law become null and void, possible claims to Prizes shall lapse and the participant shall be excluded from further participation.

Participant hereby agrees and acknowledges that usage of any social media platform and/or third party website or application,  including the Reface AI (https://reface.ai/) APIs, TikTok and Instagram, to participate in the Promotion, will be governed by the respective terms and conditions of use and privacy policy of the respective social media platform and/or third party website or application.

By participating in the Promotion, participant understands and acknowledges that his/her internet service provider and such other service provider may impose standard browsing/surfing or other charges at all applicable rates which shall be borne solely by participant. Participant shall be solely responsible for any and all costs and expenses that participant may incur towards participating in this Promotion. Sponsor shall at no time be responsible for bearing any costs whatsoever.

Prize restrictions

No substitution, transfer, or cash redemption of any Prizes is permitted, provided however that Sponsor reserves the right to substitute a Prize with another Prize of equal or greater value should the advertised Prize become unavailable for any reason. The Prize is person-related and therefore non-transferrable and also not convertible for money or another type of compensation, unless the Sponsor independently decides thereto.

Delivery of Prize will be made after Sponsor verifies that Winner has met all eligibility requirements.

The Sponsor shall not replace the Prize, the notification or its contents in which the Prize is awarded if it is lost after dispatch or destroyed.

All Winners and guests must abide by the terms, conditions, policies of Instagram, TikTok and any other third-party service provided as part of the Prize. Sponsor and any of such third-party vendors who provide services as part of the Prize reserve the right to remove or to deny any entry of and Prize to participant who engages in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person by using services used in connection with the Promotion and/or provided as part of the Prize.

Consent

Except when such is prohibited by law, participation in the Promotion entails participants granting express and unconditional consent to the Sponsor’s right, but not the obligation, to publish their names and photos, voice, photograph, video or film clips biographical information and/or other visual likeness, including, the JBL FindYourFit Content as published on participant’s public Instagram or TikTok account,  in any and all media or formats known or later developed without any further compensation, permission or notification for any purpose, including without limitation, commercial, advertising and promotional purposes in connection with JBL FindYourFit promotional campaign, Sponsor’s products, website and Sponsor’s social media accounts, including, without limitation, JBL Instagram Pages and TikTok Pages.

Without prejudice to the foregoing and participant’s use of his/her own face picture for the purpose of creating the JBL FindYourFit Content, participants guarantee the Sponsor that they are the entitled parties to the visual and/or text material supplied by them and that they have received from all the person’s visible in the visual material and/or referred to in the text material supplied by them the required consent for the publication and reproduction of the picture(s) and text(s). The participant in question shall, if requested, unconditionally supply the Sponsor free of charge with evidence thereof immediately upon request. Further, participants guarantee the Sponsor and its affiliated parties that (i) by publishing and reproducing the supplied visual or text material, no rights of third parties are infringed upon and (ii) indemnify the Sponsor and all its affiliated enterprises and third parties whose services have been engaged by Sponsor for claim purposes in that respect.

In addition, participants guarantee that they possess all rights and consents required by law that make it possible for the Sponsor and/or its affiliated parties to publish or reproduce the visual and/or text material as supplied by the participants, including the JBL FindYourFit Content, whether or not for commercial purposes and in all possible manners, to which the participants expressly grant consent in the broadest sense of the word.

The supplied visual and/or text material, including such visual and material used in connection with JBL FindYourFit Content, may not be of an offensive, obscene, vulgar, racist, sexist and/or pornographic nature, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; or violates any law for the time being in force; deceives or misleads the addressee about the origin of such material or messages or communicates any information which is grossly offensive or menacing in nature. If the Sponsor believes that material violates good taste and morals, the Sponsor can then proceed with the removal in whole or in part and/or the exclusion of participants from further participation.

Further Sponsor hereby grants participants, a non-exclusive, non-transferrable, non-sub licensable, limited, personal right to download, use and/or share on an ‘as is’ basis only, via their personal Instagram, TikTok and other social media accounts, as applicable solely for the purpose of this Promotion and non-commercial purposes, assets as made available by Sponsor on the JBL FindYourFit Website, including, without limitation, the JBL FindYourFit videos. Participant agrees and acknowledges that the JBL FindYourFit videos as available on the the JBL FindYourFit Website  are solely owned by the Sponsor.

Participant agrees and acknowledges that participant shall not record, make copies, perform alterations, modifications, additions, distortions etc. to the any feature and service available through the JBL FindYourFit Website and publish the same in any form including its original and/or altered, modified, distorted form on any medium including voice record service, online platform, mobile application, over the top services and/or websites.

Personal details

The Sponsor or its affiliate shall collect only those personal details that have been expressly and freely given by the participants in the context of the Promotion.

The personal details furnished by the participant to Sponsor shall be processed under the responsibility of the Sponsor. The Sponsor shall handle the personal details in

according with the applicable statutory requirements. These personal details shall not be furnished to third parties without prior consent, except in the event the Sponsor is obliged thereto on the basis of statutory provision or a court decision.

The Sponsor shall use the furnished personal details for the administration of this Promotion only, unless entrants have given permission for information to be used for marketing and promotional purposes. Entry information will be retained for as long as Sponsor has a legitimate business interest and will not be used for marketing without express consent of the entrant.

Participant hereby agrees and acknowledges that (i) personal details, including participant picture provided in connection with the creation of the JBL FindYourFit Content, will be collected and processed by and under the sole responsibility of Reface AI (https://reface.ai/) as provided under Reface AI privacy policy (https://reface.ai/) and (ii) Sponsor will neither access, collect, nor receive from Reface AI (https://reface.ai/), the personal data, including picture of participant, as used in connection with the creation of the JBL FindYourFit Content.

Exoneration

The Sponsor, the enterprises affiliated with it, the agents whose services have been engaged by the Sponsor or third parties cannot be held liable for any actions ensuing from this Promotion and the damage and/or loss ensuing therefrom to the extent such exclusion is permitted by law. To the extent any liability of the Sponsor, or its affiliates, exists, this liability shall never relate to any damage and/or loss other than direct damage and/or loss. The Sponsor and its affiliates shall have no liability whatsoever with respect to indirect, special, incidental, consequential damage and/or loss, which are hereby expressly excluded.

The Sponsor and its affiliates are not liable for non-entries, damaged, incomplete, late or incorrectly addressed entries due to transfer errors or technical failures of any nature whatsoever, including the faulty functioning or data security breach of a network, hardware, third party software, social media platforms, such as TikTok, Instagram and Reface AI (https://reface.ai/). In addition, the Sponsor and its affiliates shall accept no liability if a Prize is not received at all or later than planned.

The Sponsor, its affiliates, or the systems administrator of the Sponsor and/or of its affiliates is not liable for its systems being violated (hacking) as a result of which specific information of or concerning the participants becomes known to third parties.

The Sponsor and its affiliates are neither responsible nor liable for defects in the Prizes issued by Sponsor or its affiliates. The Sponsor and its affiliates give no guarantee for the Prize to be issued by Sponsor or its affiliates to the extent such exclusion is permitted by law.

Other provisions

In the event fraud or manipulation is suspected, the Sponsor or its affiliates can also report to the competent authorities without further announcement.

The Sponsor retains the right to stop the Promotion and/or to prematurely amend these Terms and Conditions of the Promotion at any time without stating reasons. In that case, an amended version of the Terms and Conditions of the Promotion shall be placed as quickly as possible on

the relevant corresponding Participating Country JBL FindYourFit Website , the JBL Instagram Page and/or JBL TikTok Page, stating the date of the amendment.

Complaints regarding the Promotion can be addressed to HARMAN Consumer Nederland B.V., 1101 CN, Herikerbergweg 9, Amsterdam in the Netherlands.

Questions regarding the Promotion can be addressed to the local participating Harman affiliate, listed on the relevant JBL website.