The Harman Kardon Art of Sound Contest

The Harman Kardon Art of Sound Contest (“Contest”) is a voluntary contest that is subject to these Official Rules (“Official Rules”) as made available on the Harman Kardon website for the Participating Countries as indicated hereinafter (“Harman Kardon website”). The Contest is sponsored by HARMAN Consumer Nederland B.V. (hereinafter to be referred to as “the Sponsor”), a private limited company incorporated under the laws of the Netherlands, having its registered office at Danzigerkade 16 G, 1013 AP Amsterdam, the Netherlands. These Official Rules form a binding legal agreement between you and the Sponsor with respect to any issues arising from the Contest. These Official Rules are provided to Entrants on the landing page of the Contest and the URL directing to these Official Rules are provided in the promotional materials.

No purchase is necessary to participate in the Contest. A purchase will not improve Entrant’s chances of winning.

1. Eligibility : The Contest is open to legal residents in Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom (“Participating Countries”), who are of the age of 18 or above at the time of their Entry submission, and who meet the requirements of these Official Rules (“Eligible Entrant”). Employees of Sponsor or any of its affiliated companies, subsidiaries and advertising/promotion agencies and their immediate family members are not eligible to participate. The Contest is subject to all applicable laws, rules and regulations and is void where prohibited.

2. How to Enter the Contest: By entering the Contest, the Eligible Entrant acknowledges that it has received prior notice of these rules as provided on the Contest landing page, has reviewed these Official Rules, and agrees to be bound by these Official Rules. To Enter the Contest, Eligible Entrants must (i) upload their Entry to Instagram and (ii) visit the Harman Kardon website and register for the Contest using their name and email address under which they can be reached and provide the URL link to the Instagram post containing the Entry. Eligible Entrants must submit an individually created digital art piece based on Piano Sonata No.3 in B Minor, OP.58: 1. Allegro maestoso by Frédéric Chopin that meets the Entry Requirements (“Entry”). Each Eligible Entrant may only submit one unique Entry during the Contest Period.

In order to meet the Entry Requirements, Entries must not:

In addition to the above Entry Requirements, Entries must meet the file and format specifications as indicated on the Harman Kardon website.

Sponsor reserves the right to exclude any Entry that it believes, in its sole discretion, does not meet the above criteria or contains any material with which the Sponsor does not wish to associate itself, in its sole discretion.

3. Submission Period : The Submission Period begins at 00:00 am (CET) on Wednesday, 4 th May 2022 and ends at 23:59 pm (CET) Tuesday, 31st May 2022. Eligible Entrants may submit only one Entry.

Entries for the Contest Period must be received by the Submission Period End Date according to Sponsor’s internal time clock. Entries will not be considered if received after the Submission Period End Date regardless of cause.

4. Voting Period : Entries that meet the Entry Requirements as stated below will be posted on the Harman Kardon Website and will be open to a public vote online. The ten (10) Entries with the highest number of public votes will become the Finalist Entries (“Finalist Entries”).

5. Finalist announcement: The ten (10) Finalists shall be notified via e-mail sent to the e-mail address provided by them during registration between 15th June 2022 and 20th June 2022. The Finalists must respond within 24 hours after receipt of such notification with the signed Declaration of Eligibility and confirm their availability to travel to and attend the Montreux Jazz Festival (Switzerland) on 5th July 2022.

6. Jury Selection : The ten (10) Finalist Entries will be presented to a jury that will select the grand winner in accordance with the Entry Judging criteria stated below. The grand winner will be announced on 5th July 2022 at the Montreux Jazz Festival (see festival details hereinafter).

The failure to respond timely to any notification may result in forfeiture of the prize and, in such case, Sponsor may select alternate winners/finalists up to three (3) attempts. The Eligible Entrant selected as next Runner-Up may be selected if a winner/finalist: (i) cannot be reached and/or fails to respond timely to any notification; (ii) fails, where required, to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason. Winners/finalists will receive additional Prize arrangement details once eligibility is determined. In the event of a dispute about the identity of a Winner/Finalist, each entry will be declared made by the authorized account holder of the email or social media account submitted at time of entry.

5. Prizes : In total, there will be one (1) grand winner selected out of the ten (10) Finalists in accordance with the terms of Section 6 and 7 below (the “Winning Entrant(s)”). Limit of one (1) Grand Prize per Eligible Entrant. Sponsor will grant the Grand Prize to such designated winner subject to such winner fulfilling the eligibility requirements as set out in these Official Rules, completing, and returning a Declaration of Eligibility.

Prize Level

Prizes

Finalist

  • Two (2) round trip economy-class airfares to/from the destination airport closest to Finalists’ residence and a destination airport near Montreux determined by Sponsor at its sole discretion *;
  • Two (2) night's hotel accommodation for 2 persons including food and beverages at a 5* Palace from 4th July 2022 to 6 th July 2022;
  • Free access to concerts performed at the Montreux Jazz Festival on 5th July 2022;
  • Exposure of submitted artwork on the Harman Kardon Digital Art Gallery at/during the Montreux Jazz Festival to the public (location to be defined by Sponsor at its discretion);
  • Costs coverage of transformation of submitted artwork into one NFT ( Non-Fungible Token) using such NFT platform as designated in Sponsor's sole discretion;
  • Publication of the NFT on such NFT platform as designated in Sponsor's sole discretion including auctioning opportunity and an entitlement to the proceeds of the sale in accordance with such NFT platform's Terms of Service; and
  • Exposure on Harman Kardon and Montreux Jazz Festival social media platforms.

Grand winner

  • all of the above;
  • Posting on Lang Lang & Quincy Jones social media accounts;
  • Press release from Harman Kardon; and
  • Highlighted exposure of the submitted artwork on the NFT platform as designated in Sponsor's sole discretion to increase bidding potential.

(*) in the event a flight is not feasible due to the departure location of the Winner the Sponsor shall in its sole discretion designate another form of transportation. Sponsor only provides free flights from destination airports within the Participating Countries as listed above.

No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Winner cannot assign or transfer their prize to another person or entity. Winner is solely responsible for any local taxes on prize and may be requested to sign a tax form upon Sponsor’s request. No more than the stated number of prizes will be awarded. If there are not enough eligible entries, then less than the stated number of prizes, or no prize, will be awarded.

All costs not expressly stated above are the responsibility of each individual Winner. Delivery of Prize will be made after Sponsor verifies that Winner has met all eligibility requirements.

The Sponsor shall not be obliged to replace the Prize, the notification or its contents in which the Prize is awarded if it is lost after dispatch or destroyed.

Winner must abide by the terms, conditions and policies of the used social media platform and any other third-party service provided as part of the Prize. Sponsor and any of such third-party vendors who provide the services as part of the Prize reserve the right to remove the Prize or any part of the Prize or to refuse collaboration with a Winning Entrant who engage(s) in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person as part of the Contest.

6. Entry Judging: The ten (10) Finalist Entries will be reviewed based on the following criteria:

The panel of judges consisting of the artists Quincy Jones, Lang Lang and Harman Chief Marketing Officer, Ralph Santana , will select one grand winner out of all eligible Finalist Entries received during the Submission Period based on the above criteria.

Sponsor will send the full names of the judges to anyone who submits a request to Sponsor’s address above within one (1) month after the Entry Close Date requesting details of the judges.

7. Tiebreaker: In the event of a tie at any level of judging, the panel of judges will re-evaluate the entries according to the criteria above until the tie is broken. The tied entries will be reconsidered until the tie is broken, in the judges’ sole discretion.

The decisions of the judges are final and binding.

8. Publicity : By participating in the Contest, any Eligible Entrant in the Contest agrees to be bound by these Official Rules and irrevocably grants the Sponsor and its respective successors, assigns and licensees, and assigns the right to use (unless prohibited by law) such Eligible Entrant’s, name, voice, photograph, video or film clips, biographical information and/or other visual likeness in any and all media or format now or hereafter known without further compensation (financial or otherwise), permission or notification for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with Sponsor’s website, Instagram, Twitter, Facebook®, Harman Kardon Digital Gallery Suites at the Montreux Jazz Festival, the Montreux Jazz Festival website and social media accounts, the NFT platform designated by Sponsor, or the Contest or other promotions, and hereby releases the Sponsor, Facebook and each of its respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents from any liability with respect thereto, to the extent permitted by law. During the Contest Period, the Sponsor may promote the Contest through various social media platforms including but not limited to Instagram, Facebook®, internet forums, weblogs, and Sponsor’s site.

9. Intellectual Property : By submitting an Entry into the Contest, Eligible Entrant warrants and represents that Eligible Entrant personally created the Video and/or has any/all rights including, without limitation, all copyrights to the Video as submitted. All entries (whether or not copyrightable) are the sole property of the Eligible Entrant who must have obtained permission of any people featured in the entries (or their parents/guardians if children under 16 are featured). By submitting an entry, Eligible Entrant hereby grants Sponsor the irrevocable, royalty-free, perpetual, transferable, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote any entry (as such may be edited and modified by the Sponsor in its discretion) together with the Entrant’s name, nickname, social media handle, or image for editorial, commercial, promotional and all other purposes (including posting on any websites).

10. Personal details: The Sponsor or its affiliates shall collect only those personal details that have been expressly and freely given by the Eligible Entrant in the context of this Contest. Personal details that are furnished shall be used only for the Contest and/or such purpose for which the Eligible Entrant has furnished the data. In particular, the Eligible Entrant agrees to allow Sponsor to process and publicise the name and image of Eligible Entrant and their country of citizenship and to reproduce and communicate to the public any Video featuring Eligible Entrant that Eligible Entrant submits to Sponsor as its Eligible Entry. The Sponsor shall handle the personal details in accordance with the applicable statutory requirements. These personal details shall not be furnished to third parties without prior consent, except in the event the Sponsor is obliged thereto on the basis of statutory provision or a court decision.

The Sponsor shall use the furnished personal details for the administration of this Contest only, unless Eligible Entrants have given permission for information to be used for marketing and promotional purposes including by GoSpooky who will be assisting with the administration and promotion of this Contest in accordance with these Official Rules

Please see our privacy policy, which can be found on the Harman Kardon website of the Participating Countries.

11. General Conditions : By participating in the Contest, Eligible Entrant acknowledges that it has reviewed and accepted these Official Terms and agrees to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Contest or these Official Rules. Any portion of the Contest may be canceled, suspended and/or modified, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor beyond Sponsor’s control impairs the integrity or proper functioning of the Contest. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Eligible Entrant may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Unclaimed prizes will not be awarded. All national, local, or other tax liabilities (including income taxes) arising from this Contest will be the sole responsibility of Winning Entrant. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and will result in disqualification from participation in the Contest. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution. In the event where fraud or manipulation is suspected, the Sponsor or its affiliates can also report to the competent authorities without further announcement. Complaints regarding the Contest can be addressed to Sponsor at the address listed above.

12. Limitations of Liability: If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Eligible Entrant's sole remedy is to submit another entry into the same Contest during the Contest Period. Eligible Entrant and Eligible Entrant Winning Entrant also agree to release, discharge, indemnify and hold harmless Sponsor, and its parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, assignees, advertising/promotion agencies, representatives and agents (collectively “Releasees”) from and against any claims, actions, liability, loss, injury or damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including, without limitation death to Eligible Entrant, Eligible Entrant Winning Entrant or any third party) or real property of any kind resulting in whole or in part, directly or indirectly, by any reason, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Contest-related activity or participation in this Contest. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or declarations, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, Sponsor or third party systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, pandemic, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor may (if possible) select the winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Nothing in these terms shall limit or exclude liability for death or personal injury, for fraud or fraudulent misrepresentation or liability which may not be limited or excluded by law.

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