Terms and conditions for the main prize

JBL True Wireless #SoundThatFitsYou #JBLFindYourFit | Instagram | TikTok – share your ideas for the next Face of JBL Find Your Fit  – Contest Terms & Conditions

These Terms and Conditions apply to HARMAN’S “JBL #JBLFindYourFit #SoundThatFitsYou Instagram” Contest (hereinafter referred to as “the Contest”) 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”), @jbleurope TikTok Page (“JBL TikTok Page)” and such JBL official brand ambassador and influencer instagram pages, \during the Contest Period (as defined below).

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

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

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 Contest, a Prize shall be given away to the winning participant selected from among all eligible participants (“Winner”).

Participation in the Contest 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 Contest.

How to enter

In order to qualify for a chance to win a prize (the “Prize” as defined below) during the Contest Period, eligible participants must (i) log onto JBL FindYourFit Website and select one of the JBL FindYourFit videos that ‘Fits Her/Him’ and create a face swapped video by surimposing his/her face using the Reface AI (https://reface.ai/) APIs ii) create a brief text explaining participant’s idea about what could be a good theme for next Sponsor’s ‘JBL Find Your Fit’ campaign in relation to  JBL True Wireless earbud products and related Sponsor’s video (the “Idea”) (ii) post and/or share the created JBL FindYourFit face swapped video together with your Idea (together referred as the “Face of JBL Find Your Fit 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 hashtags #JBLFindYourFit and also tag@jblaudio_eu or @jblaudio_uk, @jblaudio_de, @jblaudio_nl, @jblaudio_bel, @jblaudio_fr, @jblaudio_no, @jblaudio_esp, @jblaudio_dk on Instagram and @jbleurope on TikTok.

during the Contest Period. The post should be publicly visible on participant’s TikTok or Instagram account to be eligible for participation. 

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The Idea must NOT, in the sole discretion of Sponsor:

  • Contain material that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement);
  • Contain advertising or commercial content;
  • Depict conduct that is dangerous, illegal, or embarrassing to others;
  • Disparage Sponsor or its products or services, Sponsor’s competitors or their products or services, or any other person or party affiliated or connected with the Contest;
  • Contain company names, product names, brand names or trademarks other than those owned by Sponsor, which has a limited license to use for this Contest;
  • Contain the names, likenesses, or other indicia identifying any celebrities and/or other public or private figure, living or dead, without permission;
  • Contain material that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, violent  or libelous;
  • 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;
  • Contain material that is unlawful, or endorses or promotes unlawful conduct; and/or
  • Contain material with which the Sponsor does not wish to associate itself with, in its sole discretion.

Sponsor reserves the right to exclude any entry that it believes, in its sole discretion, does not meet the above criteria.

Participant agrees and acknowledges that participant will use his/her own idea, material and image for the purposes of creating the Face of JBL Find Your Fit  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 Face of JBL Find Your Fit  Content in accordance with these Terms and Conditions and there shall be no stand alone use of the Face of JBL Find Your Fit Content in any manner.

Participant further understands that Sponsor will not access, receive and/or see the Face of JBL Find Your Fit Content until participant decides to post and share the Face of JBL Find Your Fit 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.

Entry/Idea Judging & Tie-breaker

All eligible entries and Ideas received during the Contest Period will be judged by a panel of three (3) judges  based on the following criteria:

  • 60% for creativity
  • 20% for alignment of the idea with the core messaging of the Sponsor ‘Find Your Fit’ campaign: individuality, creativity, personality
  • 20% for ability to show JBL True Wireless earbuds in an organic way within the suggested idea

The panel of judges will select the top four (4) entries as potential winners from among all eligible entries received during the Contest Period, and from the top four (4) potential winners, the judges will select the entry with the highest score as the Winner of the Prize, then the 1st runner-up, 2nd runner-up and 3rd runner-up.

In the event of a tie at any level of judging, the judges will re-evaluate the entries according to the criteria above until the tie is broken. The tied entries will be reconsidered until the tie is broken, in the judges’ sole discretion.

The decisions of the judges are final and binding.

Prizes

The following Prize will be awarded to the Winner: 

  • –       Chance to become one model for the new Sponsor’s ‘JBL Find Your Fit’ video as developed by Sponsor on the basis of and Sponsor’s creative interpretation of Winner’s Idea, by having your face in the new Sponsor’s ‘JBL Find Your Fit’ video using face swapped technology, Reface AI (https://reface.ai/) APIs. This new Sponsor’s ‘JBL Find Your Fit’ video may be used, at Sponsor’s sole discretion and subject to Winner’s signature of the Release (as defined hereinafter), within the overall digital ‘JBL Find Your Fit’ campaign.
  • One JBL True Wireless headphone of his/her choice out of the following models: 
    • JBL Tune 225TWS headphones, or
    • JBL Reflect Mini NC+ headphones, or
    • JBL Live Free headphones.

Winner will receive additional Prize arrangement details once eligibility is determined.

Without prejudice to the foregoing, Prize maybe referred to, in the Contest communications, including, without limitation, on the JBL FindYourFit Website, JBL Instagram Page, JBL TikTok Page, as “Become the new face of JBL Find Your Fit” or “Become the new face of the JBL Campaign”

Contest Period:

Contest 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.


Winner shall be contacted via a direct message on Instagram within five (5) business days from the end of the Contest Period. 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 select an alternate winner from the participants selected as runner-up. Winner will be sent a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, Winner will be required to complete and return the Release within five (5) calendar days from the date of notification. The entrants selected as next runner-ups may be selected if the 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. 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 Contest Period stated above. Participation is free of charge, voluntary.

Participation in the Contest 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 Contest is open only to natural persons residing within the Participating Countries and that are 18 years or older.

During the entire Contest 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 Contest, participant shall send an email to customer.support@harman.com using subject ‘JBL #JBLFindYourFit #SoundThatFitsYou Instagram or TikTok Contest exclusion’ and in the email the relevant participant 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 Contest 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, Instagram or TikTok to participate in the Contest, 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 Contest, 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 Contest. 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.

Winner 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 Contest and/or provided as part of the Prize.

Consent

Except when such is prohibited by law, participation in the Contest 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, in connection with, the Face of JBL Find Your Fit Content  as published/available 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.

Without prejudice to the foregoing and participant’s use of his/her own face picture for the purpose of creating the Face of JBL Find Your Fit 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 Face of JBL Find Your Fit 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 Face of JBL Find Your Fit 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 Contest and non-commercial purposes, assets as made available on the JBL FindYourFit Website, including, without limitation, the JBL FindYourFit videos. Participant agrees and acknowledges that the JBL FindYourFit videos and such other assets as available on the JBL FindYourFit Website  is 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 Contest.

The personal details furnished to Sponsor by the participant 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 Contest only, unless entrants have given permission for information to be used for marketing and Contestal 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 pictures provided in connection with the creation of the Face of JBL Find Your Fit 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 Contest 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 Contest and/or to prematurely amend these Terms and Conditions of the Contest at any time without stating reasons. In that case, an amended version of the Terms and Conditions of the Contest shall be placed as quickly as possible on

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

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

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