JBL x HARD FIZZ JBL CLIP4 PRO COMPETITION

Terms and Conditions

  1. The Promoter is Harman International Industries (ABN 84603497187) of Suite 13 / 7 Rosebery Place, Balmain, NSW, 2041 telephone 02 9818 4970 (in Australia).
  2. 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.
  3. Entry is open to Australian residents aged 18 years or over.
  4. 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.
  5. Promotion commences at 09:00 am Australian Eastern Daylight Time (“AEDT”) on 14/03/2024 and closes at 11:59 pm Australian Eastern Daylight Time (“AEDT”) on 18/04/2024 (“Promotional Period”).
  6. 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 CLIP4 speaker valued at 69.95 each. There will be 20 unique winners of the prize on offer. 




 

General Competition Terms and Conditions

  1. 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.
  2. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  3. Incomplete or indecipherable entries will be deemed invalid.
  4. 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.
  5. An entrant’s submission must not include:
    1. 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;
    2. 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
    3. 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.
  6. Entrants may enter as many times as they like but only one prize will be awarded per person.
  7. 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.
  8. The prizes will be awarded to 2 persons in total.
  9. Prize  Conditions:    the  following  conditions  apply  to  the  Prize:       

(a)   The  Prize eligibility is based on the purchase of Hard Fizz from any participating store including online. 

(b)   The   Prize per person   includes  20 x JBL CLIP4 speaker valued at $69.95.

(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.. 

  1. 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.
  2. 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.
  3. 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.
  4. Independent financial advice should be sought with regards to any tax implications that may arise as a result of accepting the prize.
  5. Prizes cannot be transferred, exchanged or redeemed for cash.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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
  12. 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.
  13. 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.
  14. 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.
  15. 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.