The Phonak Search for the 7 Wonders of Sound Contest


Official Rules

 

No purchase necessary to enter or win. A purchase will not improve the likelihood of winning. A valid Facebook account is required. This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook.

Please read our privacy notice below at rule 12.

Please also note that the winners will be required to assign all rights in its video in its Entry to the Sponsor and to each sign an assignment agreement (and other documentation) on notification that they are a winner. This is a condition of receiving the prizes. Please see rule 6 for further information.

1. SPONSOR:

Sonova UK Ltd, Sonova House, Centre Park, Lakeside Drive, Warrington, WA1 1RX.

2. ELIGIBILITY: To be eligible for the Phonak Search for the 7 Wonders of Sound Contest (“Contest”) you must (i) be a legal resident of one of the UK or Republic of Ireland, (ii) be at least 18 years of age, (iii) have internet access and a valid Facebook  account. Employees, representatives, officers, and directors of Sonova UK Ltd. (“Sponsor”) and its parents, affiliates, subsidiaries, distributors, retailers, Hearing care professionals, advertising and promotional agencies, prize suppliers, and the immediate families (spouse, mother, father, sister, brother, daughter, or son, regardless of where they live) of such persons or members of their households (whether related or not) and the judges are not eligible to enter the Contest or win a prize. By entering the Contest, you: (a) you confirm that you have legal capacity to enter the Contest (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract); and (b) agree to be bound by these Official Rules (which may be amended or varied at any time by Sponsor with or without notice – these Official Rules and all changes to these Official Rules will be posted in revised Official Rules at www.phonak-uk.com/7WondersOfSound/rules) and the decisions of Sponsor, which are final and binding in all respects. The Contest is subject to all applicable government laws. The Contest is in no way sponsored, endorsed, administered by, or associated with Facebook and by entering into this Contest, you acknowledge that Facebook have no responsibility for this Contest and you release Facebook from any liability whatsoever in connection with this Contest. Your use of Facebook is governed by any applicable terms of use of Facebook.

3. PROMOTIONAL PERIOD: The Contest begins on November 09, 2020, at 9:00 am Greenwich Mean Time ("GMT") and ends on December 14, 2020, 11:59 pm GMT (the “Promotional Period”). All Entries (defined in rule 4 below) must be received during the Promotional Period. Entries received prior to or after the Promotional Period will be disqualified. Sponsor’s computer will be the official timekeeper for all matters related to the Contest.

4. CONTEST DESCRIPTION / HOW TO ENTER: No purchase necessary to enter or win. A purchase will not improve the likelihood of winning. To enter, each person (or “Entrant”, "you", "your") must be a registered member/user of Facebook.com (“Facebook”). Registration may be obtained by visiting the website of Facebook and filling out the required information to create an account (“Account”). The Account must be valid and active. During the Promotional Period, Sponsor will pin a kick-off promotional post on Sponsor's Facebook page at https://www.facebook.com/PhonakGB/ on [November 09, 2020, at 9:00 am ("GMT")] promoting the Contest and inviting Entries ("Promotional Post"). Once a registered member, Entrants must (a) log into his/her Facebook Account during the Promotional Period and (b) post one original video with sound recording expressing their "wonder of sound" as a reply to  the promotional posts on Facebook and include the hashtag #7WondersofSoundUK in their post ("Entr(y)(ies)"). Entries which are not submitted as responses to the Promotional Post will not be valid or eligible for entry into the Contest. Entries must also comply with the Submission Criteria in rule 5 below and video submissions in the Entries should be no longer than 30 seconds in length and be in a recognised digital format to be compatible with Facebook. Any spoken or verbal content within the videos must be in the English language. Normal internet access and device usage charges imposed by your internet or cellular service provider may apply. If you fail to include the correct hashtag or your Account settings are set to “private,” your submission may not be visible to Sponsor and will not be considered as a valid, eligible and qualified Entry.

Multiple entries are not permitted and are limited to one Entry per person. In case of multiple Entries received from the same person, only the first Entry will be accepted and all other Entries will be automatically disqualified. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the Authorised Account Holder of the Account from which the Entry was submitted. “Authorised Account Holder” is defined as the natural person who is assigned the email address that was used to create the Account associated with the Entry. Entries may only be submitted by a single Entrant; group Entries are not permissible. Any attempt by any Entrant to enter by using multiple/different Accounts, identities, registration, or other methods will void that Entrant’s Entries and that Entrant may be disqualified, at the sole discretion of the Sponsor. Use of any automated system to participate is prohibited and may result in disqualification.

By submitting an Entry, you warrant and represent to Sponsor that (a) you have all of the rights and authority necessary to submit the Entry in the Contest in compliance with these Official Rules, including the right to contract in your own name, the right to publish the video submission in your Entry, and the right to grant the rights granted hereunder; (b) the Entry is in all respects free and clear of all claims and rights of third parties and does not infringe any law or any third party rights, for example: any design, trade mark, copyright or other intellectual property rights and does not otherwise violate anyone’s right of privacy or publicity; (c) the Entry is the original work of you, is owned by you, including the copyright therein; (d) the Entry complies with the requirements set forth in these Official Rules; (e) you have obtained all consents and permissions from individuals featured in your Entry; and (f) you have not made any commitment for the use or publication of the Entry to any person or Entity for any
commercial purposes or otherwise made any commitment in a manner that would conflict with the rights and licenses granted to Sponsor as described in these Official Rules.

No responsibility is assumed by Sponsor for lost, late, misdirected, incomplete, illegible, damaged, mutilated, or corrupted Entries; any human error, computer, on-line, telephone, network, or technical malfunctions that may occur; e-mail service issues or downtime; or for any printing, typographical, or other errors in any materials associated with the Contest; or for the incorrect or inaccurate capture of the Entry or other information or failure to capture any such information.

5. SUBMISSION CRITERIA: Entrants will be judged on an original sound recording created by the person submitting the recording. All sound recordings must be originally created and must not previously have been submitted to another contest or promotion, or licensed or assigned to a third party. Entrants may not: (a) submit any sound recording or other information (collectively “Material”) that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Entrant is the owner of such rights or has permission from their rightful owner to post the Material and to grant Sponsor all of the license rights in these Official Rules; (b) submit Material that violates or infringes another’s rights, including without limitation, privacy, publicity, or intellectual property rights; (c) submit falsehoods or misrepresentations that could damage Sponsor or any third party; (d) submit Material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (e) submit Material that is in violation of or contrary to any application laws or regulations; (f) submit Material that does not comply with the terms and conditions of Facebook ; or (g) impersonate another person. Sponsor reserves the right to disqualify any Entry that, in its sole discretion, violates any of these criteria.

6. SPONSOR’S USE OF ENTRIES: By submitting an Entry, you grant the Sponsor permission to use your Entry for the purposes of administering the Contest, including without limitation to judge Entries and select winners and that  all Entries can be used by the Sponsor for the purpose of sharing and engaging across the Sponsor’s social media channels which include, but are not exclusive to: Facebook, LinkedIn and Twitter for the purpose of promoting the Contest. Sharing and engaging will be carried out using the functionality of the Sponsor’s social media channels for the purpose of promoting and administering the Contest. The Sponsor is also granted permission to upload Entries to its competition website for the purpose of promoting the Contest. Entries will not be used for additional marketing or any other purposes without your consent.

The seven winners each agree that their winning Entries can be used by the Sponsor to publicise them as a winner and a winning entry and for marketing purposes that are specifically related to the 7 Wonders of Sound Competition. If an Entry becomes one of the 7 winners, winners shall each grant the Sponsor permission to a) post the Entry on Sponsor’s social media pages and Sponsor’s website; and (b) maintain the Entry in Sponsor’s database for the purpose of keeping records of the Contest.

All copyrights and other intellectual property rights, other than the limited rights and licenses granted in these Official Rules, will remain with the Entrant, unless Entrant is selected as a winner. On notification that an Entrant is a winner, Sponsor shall require the winners to each execute an assignment agreement, transferring all intellectual property rights in winner’s submitted Entry (including the sound recording and video) to Sponsor and waiving all moral rights in its Entry. This is a condition of receiving the prize. For the avoidance of doubt Sponsor shall not be obliged to use the winning Entries, but should it choose to do so, Sponsor shall have the right to reproduce, edit, alter and publish the video in the winning Entries at its sole discretion.

You understand and acknowledge that your Entry may receive exposure on the Internet or other public forums, where the Entry may be the subject of public comments. Sponsor is not responsible for any remarks, including any critical or derogatory remarks, posted by the public pertaining to you or your Entry. You also accept that once your Entry has been posted to or published in any media, colour and sound may vary in accordance with the settings of the monitor, software, or printer of users of the media
and of Sponsor or any third parties creating promotional materials on Sponsor's behalf.

7. WINNER SELECTION PROCESS: Seven grand prize winners will be selected from the eligible Entries to the Contest. Seven days after the close of the Promotional Period, the Sponsor and an independent judge, will select 21 finalists based on the 3 criteria: sound quality, creativity and brand appropriateness. This will be Round 1 of the scoring process. A scoring system based on a maximum of 10 points for each criteria (so maximum point total of 30) will be applied. The 21 finalist Entries will be provided to a panel of seven (7) judges (the “Judges”), who are Sponsor’s brand ambassadors and affiliates and at least one (1)  ndependent judge. The Judges will use the following criteria to judge the Entries in what will be classed as Round 2: uniqueness of the sound, emotional quality of the sound, the degree of positive feeling evoked by the sound, beauty of the sound, and how memorable the sound is. The same 10 point scoring process will be applied for each criteria. The final scoring process will see both scores from both Rounds of scoring added together (maximum score will be 80).

The seven Entrants who receive the highest scores by the Judges will be classed as winners of the prizes). Winners will be notified within [30] days' of the winners' selection by a direct message using the winner’s Facebook Account used for the Entry. It is each Entrant’s responsibility to timely check his/her Account and/or posts for any notifications or messages from Sponsor and to ensure that Entrant’s Account settings allow Entrant to receive notifications and messages from Sponsor. Winners are required to respond to the winner's notification by direct message confirming acceptance of the prize and providing the following information; full name, home city, postal address. If a Winner does not respond to the message from Sponsor within three (3) working days, the Winner will be disqualified and an alternate Winner will be selected by referring back to the scoring process and selecting the next highest score. The Winners must meet all eligibility requirements and may be required to provide proof of UK or R.O.I residency, sign an assignment agreement, and any other documents Sponsor deems necessary, in its sole discretion, all of which must be completed, signed, and returned to the Sponsor by [email to [uk.eventsteam@phonak.com] within five (5) days from date of issuance, or the prize may be forfeited. Sponsor shall also have the right to disqualify a winner and select an alternate Winner if; (a) a Winner does not complete and return the required documents within five (5) days from date of issuance; (b) Sponsor has reasonable grounds for believing that a winner has contravened any of these Official Rules and/or the terms and conditions of Facebook; and/or (c) a winner is unable to accept a prize. An alternate winner will be selected by referring back to the scoring process and selecting the next highest score. Once a Winner has completed all requirements in these Official Rules and been verified by the Sponsor, he/she will be announced as a winner to the public. By accepting the prize, the winner represents and warrants that he/she is in compliance with these Official Rules and subject to Sponsor obtaining consent from the winners, Sponsor may use winner's name, social media handle, photograph and/or likeness, address, voice, and statements made by or attributed to them, in any and all media now known or hereafter developed for all purposes in connection with the Contest without any time or territorial limit and without further notice or additional compensation unless prohibited by law. 

All decisions of Sponsor will be final and binding. Sponsor reserves the right to select fewer than seven (7) winners if, it does not receive at least seven (7)  eligible and qualified Entries and/or if winners do not meet the requirements set out above.

Sponsor will send the prizes to winners within [thirty (30) days] of the public announcement of the winners.[ 1] 

8. PRIZES: Seven winners will each receive a prize package that consists of: (a) choice of Phonak hearing protection to continue enjoying the wonder of the winning sound (ARV £20), (b) Spotify gift card (ARV £120), (c) Amazon Alexa (ARV £100). The approximate retail value of the total prize package is £240. Prizes must be accepted as awarded. No assignment, transfer, cash alternatives or other substitutions of prizes is permitted, except that Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value should the advertised prize (or portion thereof) become unavailable or for any other reason in Sponsor’s sole discretion. All taxes on prizes and other expenses, if any, are the sole responsibility of prize recipient.

Prizes are subject to the prize supplier's terms and conditions.

9. GENERAL CONDITIONS: By entering the Contest, each Entrant agrees, to release and hold harmless Facebook, Sponsor and its parents, affiliates, subsidiaries, assigns, advertising and promotional agencies, and their respective directors, officers, employees, representatives, agents, and prize sponsors from any and all liability for any injuries, loss,or damage of any kind to person (excluding death, personal injury, negligence and fraudulent misrepresentation) and/or property, arising in whole or in part, directly or indirectly, from acceptance, possession, use, or misuse of a prize, participation in any Contest-related activity, or participation in this Contest. Void where prohibited. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant found tampering with the entry process or with the operation of the Contest, to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.

10. LIMITATIONS OF LIABILITY: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Entrant or by any of the equipment or programming associated with or utilised in the Contest or by any technical or human error that may occur in the processing of Entries in the Contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction. Sponsor is not responsible for injury or damage to Entrants or caused by Entrants or to Entrants’ or any other person’s computer related to or resulting from participating in the Contest. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right in its sole discretion to terminate, modify, or suspend the Contest and select the winners from Entries received prior to the action taken. In no event will Sponsor or its parents, affiliates, subsidiaries, shareholders, advertising or promotional agencies, or their respective directors, officers, employees, representatives, or agents, or prize sponsors, be responsible or liable (a) for any damages or losses of any kind (including direct), in the aggregate, that exceed the aggregate value of all the prizes to be awarded or (b) for any indirect, incidental, consequential, or punitive damages or damages for lost profits, revenue, or opportunity, or for business interruption, in each case, arising out of the contest or conduct of, or any Entrant’s participation in, the contest or out of any Entrant’s access to and use of Facebook. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. Without limiting the foregoing, any prize won is provided “as is” without warranty or condition of any kind. This limitation of liability does not apply to claims for death, personal injury, negligence and fraudulent misrepresentation or to any statutory rights.

11. SEVERABILITY: If any one or more provisions of these Official Rules are held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity, effect, or enforcement of any other provision or provisions of these Official Rules.

12. PRIVACY/TERMS: Any personal information collected by Sponsor in connection with this Contest will be processed in accordance with our Privacy Policy athttps://www.phonak.com/uk/en/data-protection-statement.html.

For more information about the manner and purposes for which Sponsor collects and uses personal information, as well as how Entrants may exercise their rights in relation to the personal information that is held by Sponsor (which may include, as applicable: access, objection, rectification, portability, deletion and the right to complain to a supervisory authority); and how Sponsor will deal with such requests, please visit our Policy at https://www.phonak.com/uk/en/data-protection-statement.html.

By entering the Contest, Entrants will be sharing their personal information with Sponsor and will be sharing their Entries through Facebook. By entering, each Entrant agrees to Sponsor’s use of Entrant’s personal information for the purposes of this Contest (including the proper administration and fulfilment of this Contest) and any other purpose outlined in these Official Rules. Sponsor may also make available and/or publicise the winner's name and home city in a list of winners as per rule 14. Subject to obtaining consent from the winners, Sponsor may also publicise and use each winner's personal information (including the winner's name, photograph or other likeness) in any media or formats whether now or later known or developed, without any time or territorial limit and without further notice or compensation. Sponsor may also require each winner's appearance at publicity events without any additional compensation (save for reasonable travel expenses) as required by us to identify them as a winner of this Contest (including on our or any third party media company's websites, publications and social media platforms). In the event of a conflict between these Official Rules and the applicable Privacy Policy of Sponsor, to the extent it applies, these Official Rules will control. By using Facebook, all Entrants agree to the privacy policy of Facebook, and the information provided by Entrant during the entry process is subject to Facebook's privacy policy.

13. ENGLISH LAW AND VENUE: The Contest is governed by, and these rules will be construed and interpreted pursuant to English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.

Entrants shall also have rights of recourse under local consumer laws.

14. OFFICIAL RULES & WINNERS LIST: For a copy of the Official Rules, visit www.phonak-uk.com/7WondersOfSound/rules or send a stamped, self-addressed envelope to: Sonova UK Ltd, Sonova House, Centre Park, Lakeside Drive, Warrington, WA1 1RX. The names and home cities of the winners will be posted on Sponsor’s Facebook page and web site at www.phonak-uk.com/7WondersOfSound after verification of the winners. In addition, the names of the winners may be obtained after October 28 , 2020 by sending a self-addressed stamped envelope to: Sonova UK Ltd, Sonova House, Centre Park, Lakeside Drive, Warrington, WA1 1RX or by email using the following email address: uk.eventsteam@phonak.com. All requests must be received before December 31, 2020.