JBL x HARD FIZZ PARTYBOX ULTIMATE COMPETITION
Terms and Conditions
- The Promoter is Harman International Industries (ABN 84603497187) of Suite 13 / 7 Rosebery Place, Balmain, NSW, 2041 telephone 02 9818 4970 (in Australia).
- Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- Entry is open to Australian residents aged 18 years or over.
- Employees (and their immediate families) of the Promoter, prize suppliers, participating retailers and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
- Promotion commences at 09:00 am Australian Eastern Daylight Time (“AEDT”) on 01/12/2023 and closes at 11:59 pm Australian Eastern Daylight Time (“AEDT”) on 14/01/2023 (“Promotional Period”).
- To enter, individuals must undertake all of the following steps as outlined during the promotional period.
Prize on offer: The winner(s) receive 1 x JBL Partybox Ultimate speaker valued at 1999.95 each. There will be 2 unique winners of the prize on offer.
- Purchase a Hard Fizz 10 pack from any Red Bottle Shop or from the Red Bottle Online Shop during the promotional period December 1st 2023 - January 14th 2024 and register their purchase on the form before 11:59pm January 14th 2024 to qualify as a successful entry.
- Entrants must enter their name, email address, phone number, post code and answer which Red Bottle Store their Hard Fizz 10 pack purchase was from on the form at https://www.jbl.com.au/winfizz.html
- Entrants must be over 18 years of age to qualify.
- Entrants will also be required to tell us which Red Bottle Store their Hard Fizz 10 Pack purchase was from and may be asked to show receipt of this purchase in order to claim the prize on offer.
- The Promoter will select a total of 2 winners that meet the form criteria.
- The judge's decision is final and no further correspondence will be entered into.
- Winners will be selected by JBL Australia at 9:00am on Monday 15th of January 2024.
- Winners will be notified via text message and email by 5.00pm on Monday 15th of January 2024.
- The competition is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.
- Prize must be taken within the specified dates and is not transferable or redeemable for cash.
General Competition Terms and Conditions
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- Incomplete or indecipherable entries will be deemed invalid.
- Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions. For the purposes of these Terms and Conditions content requirements, “entry content”, includes any content (including text, photos, videos) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the competition. The Promoter may, in their absolute discretion and with reference to Clause 11, edit, modify, delete, remove or take-down any part of an entrant’s entry.
- An entrant’s submission must not include:
- any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
- any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
- any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions. The Promoter reserves the right to disqualify a winner if they become aware that the winner and/or the winner’s entry is of a type described in this clause.
- Entrants may enter as many times as they like but only one prize will be awarded per person.
- The Promoter’s decision is final and the Promoter will not enter into correspondence, or negotiation, regarding the competition result or any other decisions the Promoter makes in connection with the competition.
- The prizes will be awarded to 2 persons in total.
- Prize Conditions: the following conditions apply to the Prize:
(a) The Prize eligibility is based on the purchase of Hard Fizz 10 pack from any Red Bottle Store including online.
(b) The Prize per person includes 1 x JBL Partybox Ultimate speaker valued at $1999.95.
(c) The prize does not include freight insurance. It is the sole responsibility of the winner to supply a full postal address that has a recipient available to sign for the prize at the time of the delivery.
(d) The Promoter does not guarantee delivery of the Prize if the competition winner fails to provide any required proof of age or proof of purchase as required as part of the entry mechanism..
- Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter through Instagram.
- Should a prize remain unclaimed after 5 business days from contact being made through text message and email at either phase of the competition, the promoter will award the prize to the next entrant that was selected at the time of judging. The winner of the unclaimed prize draw will be notified by email within two business days of being selected.
- The Promoter reserves the right to change or substitute any of the prizes due to availability of product, with similar products of an equal or greater value.
- Independent financial advice should be sought with regards to any tax implications that may arise as a result of accepting the prize.
- Prizes cannot be transferred, exchanged or redeemed for cash.
- It is a condition of accepting any prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
- All entrants agree that if they win a prize, they will not, and their companions will not, sell or otherwise provide their story and/or photographs to any media or other organisation, including the internet. Photographs will be allowed only at the discretion of the Promoter.
- The Promoter will make reasonable efforts to deliver prizes to the addresses provided by the entrants. If a prize is returned to the Promoter because it could not be delivered to the address provided, the Promoter cannot guarantee that it will be able to resend the prize to the prize winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
- The Promoter reserves the right to rescind the prize if an entrant who claims to be a prize winner is unable to satisfy these Terms and Conditions.
- You agree to assist Harman with generating marketing content to positively promote (“Content”) JBL audio products (“Products”). This includes you: (a) taking an agreed and negotiated number of photographs with Harman Products (“Photos”) or creating specific video content (“Videos”) , and (b) allowing, where applicable, Harman to taking a reasonable quantity of video footage of you with Products in studio or on stage/rehearsal or in situation (“Videos”). You hereby grant the exclusive right and license to Harman, its subsidiaries, distributors, dealers, customers, and sales representatives, to utilise any such Photos or Videos in their digital and social channels. You agree to be responsible for all third party content, imagery or music that may be included in the Photos or videos, and you agree, if necessary, to reasonably assist Harman with obtaining all necessary music licenses (either for gratis or at preferential rates) for any music that may be captured in the Videos if necessary by law.
- Harman shall have the continuing right after any expiration or termination of these terms & conditions to use any of the materials created during the Contract Period that contain any Publicity Rights solely for internal (i.e., non-public) historical or archival purposes only
- All Winners and guests must abide by the terms, conditions, policies of any of the third-party vendors who provide the services as part of the Prize reserve the right to remove or to deny entry to the Competition, Winner and/or his/her guest(s) who engage(s) in a disruptive manner, or with intent to annoy, abuse, threaten or harass any person that Promoter provides Winner/guest access.
- Each entrant hereby assigns to the Promoter all right, title and interest in, and to all copyright and all moral rights in, any material created or otherwise submitted to the Promoter in connection with that entrant’s entry or participation in any aspect of the prize (Works). Each entrant warrants that the Promoter is free to use the Works (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all) and to exercise its rights in relation thereto, and neither the entrant nor any third party will be entitled to any fee for such use.
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions.
- Promoter’s Liability: Nothing in these T&Cs limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot be excluded by law, including the Non- Excludable Guarantees, Promoter (including Promoter’s officers, employees and agents) is not responsible for and excludes all liability (including negligence) for any personal injury; or any loss or damage including loss of opportunity; whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following:
(a) any technical difficulties or equipment malfunction (whether or not under Promoter’s control);
(b) any theft, unauthorised access or third party interference;
(c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after receipt by Promoter) due to any reason beyond Promoter’s reasonable control;
(d) any variation in prize value to that state in these T+Cs;
(e) any tax liability incurred by a winner or entrant;
(f) participation in the Promotion;
(g) if any Prize event is cancelled or delayed for any reason beyond the reasonable control of Promoter; and/or
(h) redemption of the Prize including successful delivery of Prize.