Halloween Challenge Legal Basis
Updated: 23 – 10 – 23
Apple is not a sponsor of this Giveaway
1. Organizing entity
DARKAN TECHNOLOGIES, S.L., a Spanish company with address for notification purposes at Paseo Naranjo de Bulnes 104, 28701, San Sebastian de los Reyes (Madrid) and with Tax ID: B02726404, (hereinafter “the Organizer“), will carry out a Challenge that will be governed by the provisions of these Terms and Conditions.
A Challenge is a digital contest/event carried out in the HiBeats application (hereinafter, App), where any Artist registered in the App can compete with a musical theme (hereinafter, HiBeat) of his/her property against other registered Artists, being proclaimed as the sole winner whoever obtains the most points through the interactions made on his/her HiBeat (playing it, liking it or sharing it).
3. What is considered a HiBeat?
A HiBeat is a song with a duration of 1 to 5 minutes that is uploaded through the HiBeats For Artists platform.
Each HiBeat uploaded must be different from the previous one uploaded by the same artist.
HiBeats must include a minimum of instruments or vocals to be considered a song.
4. Which HiBeats are eligible?
All HiBeats uploaded to the platform between October 23, 2023 and November 23, 2023 will automatically be considered for the challenge. However, the HiBeats team reserves the right to consider the validity of participating HiBeats.
The Challenge is intended for users registered on the App as Artists. Registered Artists who are minors and wish to participate must have the consent of their parents or legal guardians (hereinafter referred to as “the Participants”).
Participation in the Challenge is free of charge and open to all Participants who comply with the provisions of these Rules.
Entries that do not comply with the provisions of these Rules, or other instructions provided in connection with the Challenge, will not be valid, and therefore will not be considered.
6. Dates and duration of the Challenge
The duration of the Challenge will be from October 23, 2023 to November 23, 2023.
7. Challenge Mechanics
To participate, artists must access the hibeatsforartists.com website and upload at least one HiBeat.
Access to hibeatsforartists.com, can be done from a web browser or from the “Upload your music” button located in the “Profile” section of the HiBeats app.
Any HiBeat uploaded between October 23, 2023 and November 23, 2023 will compete in the challenge for the prize.
If an artist uploads more than one HiBeat between October 23, 2023 and November 23, 2023, he/she will be able to participate with all of them, as long as they meet the requirements specified in the third and fourth clauses.
During the indicated dates, the artists will be able to check the position of their HiBeat in a ranking located within the “Halloween Challenge” playlist that can be found on the main screen of the app.
The points will determine the winner. To accumulate points, your HiBeat must receive streams, likes and shares. Each of these interactions will add points to your HiBeat. The HiBeat with the most points and therefore ranked first on November 23rd, 2023, will be the sole winner of the challenge.
The Organizer reserves the right to modify the period of participation or the dates of announcement of the winners, when necessary due to force majeure or when it is impossible to comply with the dates and/or deadlines established in these rules. In such a case, the changes will be announced with due notice.
8. Intellectual Property: Guarantee of originality and assignment of rights
The Participant guarantees to the Organizer the full authorship and originality of the HiBeat he/she submits to the Challenge.
The absence of authorship and originality will be grounds for disqualification from the Challenge. In this regard, The Organizer reserves the right to carry out any checks and investigations necessary to ensure the originality of the HiBeats submitted to the Challenge.
The Participant assigns to the Organizer the HiBeat submitted to the Challenge, which includes the rights of reproduction, distribution, public communication and transformation (i) on a non-exclusive basis but with the character of transferable to third parties, (ii) for the duration of this contract and, after its termination, for the maximum time allowed by the Intellectual Property Law until its passage into the public domain, (iii) without territorial limit and therefore for all territories of the world and (iv) for the purpose of the Challenge as well as acts of promotion and advertising of the same and of the App.
The Participant guarantees to the Organizer the peaceful exercise of all the rights assigned, as well as the absence of any charge or encumbrance of any kind on those that may prevent it.
To this effect, the Participant shall be liable to the Organizer for any infringements, compensation or other damages that may arise for the latter as a result of the breach of these guarantees of originality and authorship.
The Organizer will award the following prizes:
First place: Gift Card of 50€ at www.thomann.de
The prize is not exchangeable for its equivalent in cash or compensation of any kind.
10. Acceptance and awarding of prizes
Once the winning artist is notified, he/she will have a period of five (5) calendar days to express his/her acceptance of the prize, according to the instructions provided. Once this period has elapsed without the winner having confirmed his/her acceptance of the prize, his/her status as winner will lapse, and the prize may be offered to alternates, chosen according to their position in the Challenge ranking.
Once the prize has been accepted, the Organizer will send the prize via e-mail, within seven (7) calendar days from the communication of the winner’s condition.
11. Personal Data
The personal data provided when participating in the Challenge will be processed by the Organizer to manage the participation in the Challenge, as well as to send notifications related to the Challenge to the means of contact indicated, being the basis of this treatment the contractual relationship arising from the participation in the Challenge.
In addition, depending on the position achieved in the Challenge, the Participant authorizes the transfer of his/her data to the entities that manage the prize achieved, the basis of this transfer being the contractual relationship derived from the participation in the Challenge.
At the end of the Challenge period, all data will be destroyed, and the organizing company will not be able to use them for any other purposes other than this Challenge.
The Participant may exercise his/her rights of access, rectification, deletion, portability, opposition and limitation to the treatment, by sending a written communication to DARKAN TECHNOLOGIES, S.L. to the address at the top of these rules or to the email firstname.lastname@example.org, and may file a complaint with the competent Control Authority. In both cases, a copy of an official identification document must be attached.
12. Fraudulent participations and other causes for disqualification
In the event that the Organizer or any entity that is professionally linked to this Challenge detects any anomaly or suspects that a Participant is impeding the normal development of the Challenge, or otherwise failing to comply with its Rules, may unilaterally disqualify and eliminate the Participant from the Challenge.
The Organizer also reserves the right to disqualify any Participant who uses the page or App, profile on social networks or any other website of its ownership, to make comments or publish any content contrary to applicable law, morality and generally accepted good customs, public order or these rules; as well as that are defamatory, libelous, offensive, insulting, racist, obscene, threatening or discriminatory.
13. Exclusion of liability
The Organizer shall not be liable for any liability arising from non-compliance by the Participants with the legal rules and/or these rules.
The Organizer reserves the right to modify, cancel and/or suspend the Challenge when causes beyond its control prevent the correct development of the Challenge. In such a case, this fact will be publicized by the same means in which the Challenge was held.
Likewise, the Organizer shall be exempt from any liability if any of the aforementioned cases occur, as well as from any liability for damages that may be caused during the enjoyment of the prize.
14. General terms and conditions
By the mere fact of participating in the Challenge, in accordance with the provisions of these rules, the Participant expresses his express acceptance of the same, as well as the criterion of the Organizer regarding the interpretation of the same and the resolution of any incident that may arise. Likewise, the result of the Challenge shall be final.
The Organizer reserves the right to modify, if necessary, the conditions of this Challenge for other similar ones.
This Challenge is governed by Spanish law and any cause of litigation that may arise regarding this draw will be submitted by the Participant and the Organizer, expressly waiving any other jurisdiction that may correspond, to the Courts and Tribunals of the Villa de Madrid, unless another jurisdiction is imperatively determined by law.