Share & Win a Phonak Roger

No purchase necessary to enter or win.  A purchase will not improve the likelihood of winning.  A valid  Instagram account is required.  This Contest is in no way sponsored, endorsed, administered by, or associated with Instagram.  Void where prohibited.  Participants are only eligible to win one contest per calendar year.

1.  ELIGIBILITY: To be eligible for the Phonak Search for My Best Friend Roger 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 Instagram account.  Employees, representatives, officers, and directors of Sonova USA Inc. (“Sponsor”) and its parent, 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 Instagram.com (“Instagram”) or its parent company Meta.  Your use of Instagram is governed by any applicable terms of use of such websites or applications.

2.  PROMOTIONAL PERIOD: The Contest begins on MAY 15^th 2023, at 12:01 a.m. Eastern Time (ET) and ends on JUNE 15^th 2023, 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 Instagram.  Registration may be obtained by visiting the website or Instagram app and filling out the required information to create an Instagram account (“Account”).  Once a registered member, Entrants must (a) log into his/her/their Account during the Promotional Period and (b) post a photo on Instagram with your best friend Roger (Roger microphone product), describe how your Roger microphone has improved your life, and use the hashtag #mybestfriendroger and tag @Phonak (“Entry”).  Contest participants should include language in their post that clearly states that this is a contest, using the hashtag “#contest” where it will be visible to viewers.  Language that is unclear, such as “#brandrocks” without identifying it as a contest, is insufficient and unclear.

Normal internet access and device usage charges imposed by your internet or cellular service provider may apply.  If you fail to include the correct hashtags 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 hashtags 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 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 a photo and quote created by the person submitting the photo and quote. All submissions 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 submission 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 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, commercial 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.  You agree that the Entry may be combined with other images, text and graphics, and or edited, altered or otherwise modified in Sponsor’s sole and absolute discretion.  You waive any right to inspect or approve any finished product in any media format.

 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 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: Three 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 16 finalists based on the Entrants’ photo quality, creativity, brand appropriateness, and number of likes in social media.  The 16 finalist Entries will be provided to a panel of three (3) judges (the “Judges”), who are employees or affiliates of Sponsor.  The Judges will use the following criteria to evaluate the Entries: the emotional quality of the submission, the degree of positive feeling evoked by the photo, beauty of the submission, and how memorable the submission is.

The three finalists who receive the highest scores by the Judges will be winners of the prize (“Winners”).  Winners will be notified by a comment with @tag to the Entry post and/or a direct message to the Winner’s Instagram Account used for the Entry.  It is each Entrant’s responsibility to timely check his/her/their 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 Winner does not respond to the message from Sponsor within three (3) business days, the Winner will be disqualified and an alternate Winner will be selected at Sponsor’s sole discretion.  The Winners must meet all eligibility requirements and may be required to provide proof of U.S. residency.  Once a Winner has completed all requirements in these Official Rules and been verified by the Sponsor, he/she/they will be declared a winner.  Sponsor will mail the prize within ten (10) days after announcing the winner.  By accepting the prize, the winner represents and warrants that he/she/they is/are in compliance with these Official Rules and consents to Sponsor’s use of his/her/their 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 three (3) 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 three or less than three winners are selected, then not all prizes may be awarded, in Sponsor’s sole discretion. 

7.  PRIZES:  Three winners will receive the following prizes based on their placing:  (a) 1^st place -  Roger On V2 and a Roger Table Mic II, approximate retail value [$1810]; (b) 2^nd place - Roger on V2, approximate retail value [$785]; and (c) 3^rd place - Roger on V2, approximate retail value [$785].  

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: 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 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 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 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 Instagram, all Entrants agree to its privacy policies, 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 https://www.phonak.com/en-int/campaign/roger-contest1. The names of the winners will be posted on Sponsor’s Instagram page and web site at https://www.phonak.com/en-int/campaign/roger-contest1 after verification of the winners.

14.  SPONSOR:

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