JBL QUANTUM CUP: TWITCH EUROPEAN GIVEAWAY OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

 

  1. Promotion Description: The ‘JBL Quantum Cup’ (“Sweepstake”) begins on 11/12/2020 at 8:01 AM (GMT) and ends on 14/12/2020 at 7:59 AM (GMT) (the “Promotion Period”). By participating in the Sweepstake, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of HARMAN Consumer Nederland B.V. (JBL) with its registered office at Herikerbergweg 9, 1101CN Amsterdam, Netherlands (“Sponsor”), which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes.

 

  1. Eligibility: Sweepstakes is only open to residents of the England, Wales, Northern Ireland, Republic of Ireland, Scotland, Germany, France, Spain, Belgium, Netherlands, Switzerland, Austria, Denmark, Norway, Finland, Luxembourg, who are at least eighteen (18) as of the Sweepstakes start date. The potential prize winners of this Sweepstakes may be required to show proof of residency. Void where prohibited or restricted by law. Sponsor and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the Sweepstakes or win a prize.

 

  1. Winner Selection: There will be 15 (fifteen) randomly selected winners. The winners of the Sweepstakes will be selected in a random drawing from among all eligible Entries received throughout the Promotion Period. The random drawing will be conducted on or about 48 hours after the end of the Promotion Period by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received. Entrants whose Entries are randomly selected (each, a “Potential Winner”) will be notified by email at the email address provided in the Entry on or about 48 hours after the random drawing. Each Potential Winner must accept the specified prize by email as directed by Sponsor within 48 hours of notification. Any Potential Winner who does not respond within 48 hours after notification is sent by Sponsor; or any notification that is returned as undeliverable may result in prize forfeiture, and the Sponsor may choose an alternate Potential Winner without further notification. The Potential Winner may be required to sign and return a declaration of eligibility and release of liability, and a Publicity Release (collectively “the Prize Claim Documents”). No substitution or transfer of a prize is permitted except by Sponsor. If the Potential Winner does not respond within the specified period, the Potential Winner forfeits the prize. In such an event, Sponsor may carry out a replacement random drawing to determine a new Potential Winner. If Sponsor determines in its sole discretion that an Entry is invalid or that an entrant is ineligible after the entry was selected as a Potential Winner, the prize will automatically be deemed forfeited and Sponsor may carry out a replacement random drawing to determine a new Potential Winner.

 

  1. Prizes:
     

    QuantityPrize DescriptionARVTotalARV
    1JBL Quantum One$299.95$299.95
    2JBL Quantum 800$199.95$399.90
    2JBL Quantum 600$149.95$299.90
    3JBL Quantum 400$99.95$299.85
    4JBL Quantum 50$29.95$119.80
    3100 Thieves Jersey$100.00$300.00

     
    ARV is approximate retail value.
     
    Only one prize per person and per household will be awarded. Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. The prizes will be sent to the winner by mail to the postal address provided. The risk is transferred to the winner when the prize is handed over to a postal delivery service. Sponsor shall not be responsible for delivery damages.

 

  1. Online Entry: To participate and enter this Sweepstakes, entrants will need a Twitch account (a “Social Media Account”).If entrants don’t already have a Twitch account, they can visit www.twitch.com to create one; creating a Twitch account is free. By submitting your information and creating a Twitch account, they will be required to agree to the Twitch terms of service and privacy notice. If you do not agree to Twitch’s terms of service and privacy notice, you cannot create a Twitch account.To enter the Sweepstakes, eligible individuals (“Entrants”) must view the Twitch stream shown on the ESL Twitch channel (the “Stream”) and leave a comment in the comment section of the Stream during the event that includes a designated keyword (as defined by the event moderator).Sponsor may disqualify entries if the Entry and related comments includes inappropriate, offensive, or other derogatory language or information. Sponsor reserves the right to remove, reject, or disqualify (along with the entrants who submitted them) any Entry or related comment which, in its opinion, (a) violates any of these Official Rules, the terms of service and privacy policy of Twitch, or Cash App, (b) infringes, misappropriates, or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity, or (c) is otherwise inappropriate for inclusion in the Sweepstakes. For purposes of this Sweepstakes, only Entries that are recorded through Twitch’s servers will be considered. Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Sweepstakes. The Twitch database clock will be the official timekeeper for this Sweepstakes. NOTE: Sponsor may not receive entries from Twitch users with “protected” or “private” updates (i.e., user has set their Social Media Account or so that only people the user has approved can view updates) due to the way Twitch operates its service. Twitch posts not received by Sponsor will not be entered into the Sweepstakes. Multiple entrants are not permitted to share the same Social Media Account. Attempts made by an individual to submit Entries in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Entries that are generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial sweepstakes subscription notification or entering services, will be declared invalid and disqualified for this Sweepstakes. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. Such third parties may use your information for their own independent purposes in accordance with their own independent privacy practices. Except as otherwise contemplated in these Official Rules, Sponsor will use personal information collected in connection with the Sweepstakes in accordance with its online privacy policy in section 8 below.Sweepstakes Entities are not responsible for any changes or unavailability of the Twitch or service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Twitch for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Twitch, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. It is a potential winner’s responsibility to set his/her Social Media Account as applicable, to accept contacts by Sponsor and to timely check such account for any Sponsor direct messages.

 

  1. Exclusion: A violation of these Terms and Conditions of participation entitles Sponsor to exclude the respective entrant from participation. This applies in particular if the participant makes false statements or if photos or other content (e.g. comments) used violate applicable law or the rights of third parties. The same applies to comments that may be considered glorifying violence, offensive, harassing or degrading, or that otherwise violate social decency.In the event that the excluded entrant is a winner who has already been drawn, Sponsor reserves the right to subsequently withdraw the prize.

 

  1. Premature termination and amendments: Sponsor reserves the right to prematurely terminate the competition in whole or in part without reason at any time or to change its course if it is not possible to guarantee the proper execution of the competition for technical (e.g. computer virus, manipulation of or errors in software/hardware), legal or other reasons (e.g. prohibition by Facebook).

 

  1. Privacy: All entrants acknowledge that if they are chosen as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a winner’s list. Personal data submitted as part of the Sweepstakes may be shared by and between the Promotion Entities, and each of the Promotion Entities will use such information in accordance with their respective independent online privacy policies.Sponsor is responsible for the collection, processing, and use of personal data of participants, insofar as Sponsor processes this data itself. Sponsor will only use the personal details of the participant, as well as other personal data, within the framework of the legal provisions of applicable data protection laws. Sponsor will only store, process, and use the information to the extent that this is necessary for the implementation of the competition, or if the participant has given his/her consent. This also includes use to exercise the rights of use granted. The data will be used exclusively for the purpose of carrying out the Sweepstake and will be deleted afterwards.The entrant may at any time request information about the data stored about him or her.The privacy policy of JBL can be found at https://eu.jbl.com/privacy-policy.html.

 

  1. Granting of rights of use: The entrant guarantees to be the owner of the necessary rights to any uploaded photos. If the entrant is not the sole author or rights holder, he/she expressly declares that he/she has the necessary rights to participate in the Sweepstake.The participant grants to Sponsor the following simple, temporally and spatially unlimited, but non-exclusive rights of use to the photographs used by the entrant solely for the purpose of the Sweepstake:
    • the right to store the photo on a server;
    • the right to make the photo available to the public in whole or in part via Facebook and Sponsors websites);
    • the right to use the photo to promote Sponsors products;
    • the right to edit the photo, whereby the photo may not be distorted.

    When using the photo, Sponsor shall identify the author in a suitable manner, insofar as this is feasible in consideration of the specific form of use.

 

  1. Taxes: Some of the Prizes listed may be taxable to Winner as income. In such an event, the Winner is solely responsible for reporting and paying any and all applicable taxes.  Each Winner must contact the Winner’s own tax advisor for any questions concerning taxes.

 

  1. Limitation of Liability: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of submissions in the Sweepstakes. Sponsor assumes no responsibility for any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrant’s or any other person’s computer related to or resulting from participating downloading materials in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. In such event, Sponsor may, in its sole discretion, perform the random drawing from among all eligible Entries received prior to or after such cancellation, suspension, or modification. In the event of a dispute concerning who registered online to participate in the Sweepstakes, the registration will be declared to have been made by the authorized account holder is defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.The participant shall indemnify Sponsor and our affiliated companies against claims of third parties of any kind resulting from the illegality of photos used by the participant. The indemnification obligation also includes the obligation to fully indemnify the organizer and its affiliated companies from legal defense costs (e.g. court and reasonable attorney’s fees).

 

  1. Winner’s List:  To obtain a copy of any legally required winners list or a copy of the Official Rules, send an email to jblquantumcupwinner@cobaltlaw.com or a self-addressed stamped envelope where allowed to HARMAN Consumer Nederland B.V. (JBL) Herikerbergweg 9, 1101CN Amsterdam, Netherlands, on or before 120 days after the Contest end date along with your request for a list of winners.

 

  1. Final Provisions:Should these terms and conditions of participation contain invalid provisions, the validity of the remaining provisions shall remain unaffected.