Project Aha! - Official Rules

Sponsored by Aha by Harman,
a Harman International Industries, Incorporated business

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

  1. Sponsor: Harman International Industries, Incorporated, with an address at 394 University Ave, Palo Alto, CA 94301 (“Harman”).

  2. Eligibility: Project Aha (the "Contest") is open only to legal residents of the Continental United States and the District of Columbia, plus Hawaii and Alaska, but excluding Rhode Island and any other state[s] where any bond or registration requirements may apply to contests. Participants must be at least thirteen (13) years old at the time of entry to be eligible. Participants under eighteen (18) years old must have parental/guardian consent to enter. Employees of Harman and its subsidiary and affiliated companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited, or where any bond, registration, filing or notice requirements apply. Participation in the Contest constitutes participant's full and unconditional agreement to these Official Rules, and to Harman’s decisions, which are final and binding in all matters related to the Contest and these Official Rules. Eligibility for winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.

  3. Timing: The Contest begins on November 12, 2013 and ends on January 14th, 2014 (the “Contest Period”). All entries must be received within the Contest Period. Harman’s time stamp, if any, on entries received by Harman shall be final and conclusive upon all participants.

  4. How to Enter: The Contest consists of two categories: Artists and Audience.

    Audience Contest - Within the Contest Period, eligible audience members have the opportunity to enter the Contest by listening to the Project Aha station on the Aha Radio mobile application or through the Aha Radio enabled Scion, Subaru or Kenwood automotive head units. Contestants are automatically entered into the contest by listening to the Project Aha station. Each week during the Contest Period there will be eight (8) prizes awarded. Four (4) random drawings will be chosen from eligible entries in each division (Aha Mobile App/Scion/Kenwood Listeners and Subaru Listeners) and one (1) prize will be awarded to each of the four (4) audience members who listened to the Aha Radio application the longest during that week in each division (the “Durational Listener Prize”). Entries will not be judged.  Each participant is eligible to win a maximum of only one Contest prize, regardless of whether more than one winning entry is selected from such participant. Use of any automated system to participate in the Contest is prohibited and will result in disqualification. In the event of a dispute as to the ownership or authorship of any entry, the registered account holder of the email address used to register the submitting Aha account will be deemed to be the registrant or participant. Each potential winner may be required to show proof of identification and of being the authorized account holder.

    Alternate Method of Entry:  Alternatively, you may also enter by mail as follows: on a 3x5 card, addressed to Aha, Attention: "Project Aha" Consumer Drawing, 394 University Ave., Palo Alto, CA 94301, hand print your name, address, email and phone number.  The entry will be entered into the drawing the week it is received in mail by Aha and entered into the drawing for that week. The entry will be entered into the drawing the week it is actually received in mail by Harman.  Limit one mail-in entry per person per week.

    Artist Contest - Within the Contest Period, eligible artists advance based on the number of “thumbs up” they receive on their songs played during the Contest Period.  At the conclusion of each week during the Contest Period, the bottom ten (10) artists are dropped from the Contest, except in Week 1, when twenty (20) bands are dropped from the Contest.  In the event of a tie, a jury made up of content editors from Harman and Daily Unsigned will make the final decision of who will move on to the next round. Use of any automated system to participate in the Contest is prohibited and will result in disqualification.

  5. Drawings: On or around each Tuesday of the Contest Period Harman will randomly select the potential Contest winners from all eligible entries received during the Contest Period. Chances of winning are dependent on the number of Contest entries received. Each potential winner will be notified by email. Potential winners must continue to comply with all terms and a condition of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, or if Harman does not receive substantive replies to its emails to any potential winner within ten (10) days of Harman’s initial email to such potential winner, or if any prize shipped to a potential winner is returned undeliverable, then such potential winner automatically forfeits eligibility to win a prize, and Harman will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries, provided that should such alternate winner also be disqualified for any reason, Harman shall cancel the award of such prize. Prizes will be shipped by Harman approximately twelve (12) weeks after the conclusion of the Contest.

  6. Prizes:

    (a) Durational Listeners
    : Harman may award up to a maximum of thirty (30) JBL Flip portable speakers for durational listeners on the Aha Radio mobile application or through the Aha Radio enabled Scion or Kenwood automotive head units..  The approximate retail value ("ARV") of each is $99.00. The total prize value for Durational Listener Prizes is approximately $2,970.00.

    (b) Random Drawings (Aha Mobile App/Scion/Kenwood Listeners):  Harman may award a maximum total of thirty (30) JBL 22 headphones for the random drawing of listeners on the Aha Radio mobile application or through Aha Radio enabled Scion or Kenwood automotive head units. The approximate retail value ("ARV") of each set of headphones is $59.99. The total prize value for the JBL 22 headphones is approximately $1,799.70.

    (c) Random Drawings (Subaru Listeners): Harman may award up to a maximum of twenty (20) harman/kardon NI headphones for listeners through Aha Radio enabled Subaru automotive head units. The approximate retail value ("ARV") of each is $99.00. The total prize value for the harman/kardon NI headphones for is approximately $1,980.00.

    (d) Random Drawings (Scion Listeners): Harman may award up to a maximum of twenty (20) Scion prize packs for listeners through Aha Radio enabled Scion automotive head units. The approximate retail value ("ARV") of each is $100.00. Included in the Scion prize package are the following items: Scion black tote bag, socks, zines, USB drives, CoC Vinyl, Moodymann Vinyl, Harry Fraud single vinyl, Harry Fraud EP vinyl, 12th Planet CD, Sion 10 CD, and III Clinton CD.

    (e) Artist Prizes:
    Harman may award a maximum total of 3 pairs (3) AKG Studio headphones (valued at $165.00 each), an AKG C414 XLII Matched Pair Microphone set (valued at $249.00), a DigiTech Live 5 (valued at $495.00), a DigiTech JML2 JamMan Stereo Looper and Phrase Sampler Guitar Effects Pedal (valued at $495.00), a JBL 10” Powered Subwoofer (valued at $499.00), and a JBL Powered Studio Monitor Pair (valued at $1,300.00) for the winning artist. The total prize retail value (“ARV”) is $3,537.00.

    Harman reserves the right to substitute prizes of equal or greater value in the event of unavailability.  The actual value of prizes is subject to change without any notice. Each potential winner agrees to execute a release releasing Harman from any and all liability in connection with the Contest and any prizes, and the execution and delivery of such release is a condition precedent to each participant’s eligibility for any prizes. Prizes are non-transferable, and no substitutions (including any requests for cash redemption) are allowed, except only that Harman may, in its sole discretion, award a prize of equivalent value should the designated prize become unavailable for any reason. Each winner is solely responsible for all federal, state and local taxes and fees associated with prize receipt and/or use.  The Artist Prize winners will be required to complete and submit an IRS Form W-9 with the winners’ full Social Security Numbers or the equivalent.  Failure to submit a complete W-9 or equivalent will result in forfeiture of the Artist Prize.  Winnings of $600 or more will be reported to the IRS.  Only one (1) prize per participant. Total ARV of all prizes is $10,286.70.

  7. Release: In consideration for participating in the Contest and other valuable consideration, the receipt of which is hereby acknowledged by participant, each participant agrees to defend, release and hold harmless Harman and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

  8. Publicity: By participating in the Contest, each participant hereby consents to Harman's and its agents' use of each participant's name, likeness, photograph, voice, signature, persona opinions, and/or address for promotional or advertising purposes in any media (now existing or hereafter developed), worldwide, without any payment or consideration.

  9. General Conditions: Harman reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Harman's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Harman in its sole discretion. Harman reserves the right, in its sole discretion, to disqualify any participant it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in any disruptive manner. Harman's failure to enforce any term of these Official Rules shall not constitute a waiver of any provision hereof.

  10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. No more than the expressly stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons whatsoever cause more than the stated number of prizes as set forth in these Official Rules to be allocated, made available and/or claimed, Harman shall only be liable to award only the stated number of prizes. 

  11. Disputes: These Official Rules and any dispute, claim or proceeding relating thereto or to the Contest or any prize will be governed by and construed under the laws of the State of New York, U.S.A., without regard to choice of law provisions. Furthermore, any such dispute or claim will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these terms of use. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Any dispute, claim or proceeding relating to these Official Rules, the Contest or any prizes shall be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, each participant agrees to waive any right to a jury trial, and agrees to bring any legal proceedings against Harman exclusively in the federal or state courts located in New York, New York, U.S.A., and each participant waives all defenses with respect to venue and jurisdiction in the state and federal courts located in New York, New York, U.S.A., including lack of personal jurisdiction and forum non conveniens. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but shall in no event include any attorneys' fees or costs. In the event that any provision or rule herein is found unenforceable by any court, such provision or rule shall be severed herefrom and the remainder of the Official Rules shall remain valid and enforceable. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR COMPUTER MALFUNCTION) THAT RELATE TO THE CONTEST, ANY PRIZE OR ENTRY, OR THESE OFFICIAL RULES, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTICIPANT ASSUMES TOTAL RESPONSIBILITY FOR ITS ENTRIES OR ATTEMPTED ENTRY. IF ANY OF THE RELEASED PARTIES ARE FOUND LIABLE FOR ANY DAMAGE OR LOSS, SUCH LIABILITY WILL NOT EXCEED U.S. $100 IN THE AGGREGATE. PARTICIPANT AGREES TO FILE ANY CLAIM OR CAUSE OF ACTION IT MAY BELIEVE IT MAY HAVE RELATING TO THE CONTEST, ANY PRIZE OR ENTRY, OR THESE OFFICIAL RULES WITHIN ONE (1) YEAR AFTER THE END OF THE CONTEST PERIOD.

  12. Winners List: For a list of finalists and winners send a self addressed, stamped #10 envelope to: Aha “Project Aha” Daily Unsigned Winners List, 394 University Ave, Palo Alto, CA 94301. Requests must be received by January 31, 2014.