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 or Instagram account is required. This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram. Void where prohibited.


1. ELIGIBILITY: To be eligible for the Phonak Search for the 7 Wonders of Sound Contest (“Contest”) you must, as of the date of entry, (i) be a legal resident of one of the 50 United States or the District of Columbia, (ii) be at least 18 years of age, or the legal age of majority in your state, whichever is older, and (iii) have internet access and a valid Facebook or Instagram account. Employees, representatives, officers, and directors of Sonova USA Inc. (“Sponsor”) and its parents, affiliates, subsidiaries, distributors, retailers, 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) are not eligible to enter or win. By entering, you agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. The Contest is subject to all applicable federal, state, and local laws and is void where prohibited by law. The Contest is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram. Your use of Facebook and Instagram is governed by any applicable terms of use of such websites or applications.

2. PROMOTIONAL PERIOD: The Contest begins on August 27, 2020, at 12:01 a.m. Eastern Time (ET) and ends on October 8, 2020, 11:59 p.m. ET (the “Promotional Period”). All entries 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.

3. 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”) must be a registered member/user of Facebook.com (“Facebook”) or Instagram.com (“Instagram”). Registration may be obtained by visiting the websites of Facebook or Instagram and filling out the required information to create an account (“Account”). Once a registered member, Entrants must (a) log into his/her Facebook or Instagram Account during the Promotional Period and (b) post one original video with sound recording on Facebook or Instagram using the hashtag #7WondersofSound and tagging @Phonak (“Entry”). 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 qualified Entry. By using the correct hashtag to take part in this Contest, you acknowledge, agree, and are deemed to have accepted the terms and conditions of these Official Rules.

Limit one Entry per Account. In case of multiple Entries received from the same Account, only one Entry will be considered, at Sponsor’s sole discretion. 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 Authorized Account Holder of the Account from which the Entry was submitted. “Authorized 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, 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; (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; and (e) 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.

All Entries become the property of Sponsor and will not be returned to Entrant.

4. 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, libelous, 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 federal, state, municipal or local laws or regulations; (f) submit Material that does not comply with the terms and conditions of Facebook or Instagram; or (g) impersonate another person. Sponsor reserves the right to disqualify any Entry that, in its sole discretion, violates any of these criteria.

5. SPONSOR’S USE OF ENTRIES: By submitting an Entry, you grant Sponsor a perpetual, worldwide, royalty-free, sublicensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, publish, display, broadcast, and perform your Entry (including your name, picture, voice, likeness, or biographical information, if any, included in the Entry) in connection with the Contest, Sponsor’s social media pages, Sponsor’s website and Sponsor’s (and its successor’s) business in any media formats (including television), and through any media channels.

The right and license granted to Sponsor includes, without limitation, the right of Sponsor to (a) post the Entry on Sponsor’s social media pages and Sponsor’s website; (b) provide the Entry to the judges; (c) use the Entry to promote Sponsor’s products in any current or future marketing campaigns or initiatives; (d) maintain the Entry in Sponsor’s database for the purpose of keeping records of the Contest; (e) edit, modify, format, or adapt the Entry for Sponsor’s own purposes and use such revised version to the same extent as the original Entry; and (f) use the Entry for advertising and promotional purposes. You also waive and release your moral rights in your Entry and any rights of privacy and publicity in connection with the use of your name, picture, voice, likeness, or biographical information.

Notwithstanding the foregoing, Sponsor is not obligated to use any of the Entries, including, without limitation, the Entry submitted by the winner.

All copyrights and other intellectual property rights, other than the limited rights and licenses granted in these Official Rules, will remain with the Entrant. However, Sponsor reserves the right to require the winner to execute an assignment agreement, transferring all intellectual property rights in winner’s submitted Entry (including the sound recording and video) to Sponsor.

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.

6. WINNER SELECTION PROCESS: Seven grand prize winners will be selected from the eligible Entries to the Contest. On or around the close of the Promotional Period, the Sponsor, in its sole discretion, will select 21 finalists based on the Entrants’ sound quality, creativity, brand appropriateness, and number of likes in social media. The 21 finalist Entries will be provided to a panel of seven (7) judges (the “Judges”), who are Sponsor’s brand ambassadors and affiliates. The Judges will use the following criteria to judge the Entries: 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 seven Entrants who receive the highest scores by the Judges will be potential winners of the prize (“Potential Winners”). Potential Winners will be notified by a comment with @tag to the Entry post and/or a direct message using Winner’s Facebook or Instagram 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. If a Potential Winner does not respond to the message from Sponsor within three (3) working days, the Potential Winner will be disqualified and an alternate Potential Winner will be selected at Sponsor’s sole discretion. The Potential Winners must meet all eligibility requirements and may be required to provide proof of U.S. residency, sign an affidavit of eligibility, and publicity and liability release, and any other documents Sponsor deems necessary, in its sole discretion, all of which must be completed, signed, and returned within five (5) days from date of issuance, or the prize may be forfeited. Once a Potential Winner has completed all requirements in these Official Rules and been verified by the Sponsor, he/she will be declared a winner. By accepting the prize, the winner represents and warrants that he/she is in compliance with these Official Rules and consents to Sponsor’s use of his/her name, social media handle, photograph and/or likeness, address, voice, and statements made by or attributed to them in perpetuity, in any and all media now known or hereafter developed for all business purposes without 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, in Sponsor’s sole discretion, it does not receive a sufficient number of eligible and qualified Entries. If the number of eligible Entrants is less than seven or less than seven winners are selected, then not all prizes may be awarded, in Sponsor’s sole discretion.

7. PRIZES: Seven winners will 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 $150), (c) Apple AirPods Pro (ARV $200), and (d) a wonder of sound certificate (ARV $50). The approximate retail value of the total prize package is $420.

No assignment, transfer, or substitutions of prize is permitted, except as provided herein or at Sponsor’s sole discretion. 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 federal, state, provincial, and local taxes on prizes, if any, are the sole responsibility of prize recipient.

8. GENERAL CONDITIONS: Upon request by Sponsor, the Potential Winner must execute and return an Affidavit of Eligibility and Liability Release, an assignment of all intellectual property rights in and to the recording, and, where lawful, a Publicity Release within the time period set forth above. Where permitted by law, by accepting a prize, the winner grants to Sponsor, and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and otherwise use, worldwide in any media now known or hereafter developed, including the World Wide Web, at any time or times, the winner’s name, address (city and state), photo, image or likeness, and biographical information as news or information and for editorial, advertising, and publicity purposes, without further notice, compensation, permission, or approval. Further, by accepting the prize, winner agrees, and by entering the Contest, each Entrant agrees, to release and hold harmless Facebook, Instagram, 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 (including death) 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.

9. 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 utilized 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 cancel, terminate, modify, or suspend the Contest and select the winner 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 or Instagram. 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, either express or implied, including the implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages or exclusion of implied warranties and conditions, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.

10. 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.

11. PRIVACY/TERMS: By entering the Contest, Entrants will be sharing their personal information with Sponsor and will be sharing their Entries through Facebook and Instagram. 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 fulfillment of this Contest), any other purpose outlined in these Official Rules, and any other purpose described in the Sponsor’s Privacy Policy at https://www.phonak.com/com/en/data-protection-statement.html. 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 and Instagram, all Entrants agree to the respective privacy policies of each service, and the information provided by Entrant during the entry process is subject to those privacy policies.

12. GOVERNING LAW AND VENUE: The Contest is governed by, and these rules will be construed and interpreted pursuant to, the laws of the State of Illinois, United States, without regard to conflicts of law rules that may require the application of the laws of another jurisdiction. Furthermore, by entering this Contest, each Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, will be resolved only through arbitration; provided, however, that the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in DuPage County, Illinois, and any other court with jurisdiction over the parties. The arbitrator’s decision and award shall be final and binding. Arbitration shall be before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in DuPage County, Illinois. The federal or state law that applies to these Official Rules also will apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions.

13. OFFICIAL RULES & WINNERS LIST: For a copy of the Official Rules, visit www.phonak-us.com/7WondersOfSound/rules or send a stamped, self-addressed envelope to: Sonova USA Inc., 7 Wonders Of Sound, 750 North Commons Dr., Aurora, IL 60504. The names of the winners will be posted on Sponsor’s Facebook page and web site at www.phonak-us.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 USA Inc., 7 Wonders Of Sound, 750 North Commons Dr., Aurora, IL 60504. All requests must be received before December 31, 2020.

14. SPONSOR:
Sonova USA, Inc., 750 North Commons Dr., Aurora, IL 60504.