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Last updated: October 8, 2024
Please read these terms and conditions (“Contest Terms”) carefully before entering the Contest.
Disclaimer: This contest is not sponsored, endorsed, or administered by Apple Inc., nor is Apple associated with this contest in any way. By participating, you acknowledge that you are agreeing to the Mermaids Music Ltd Spooky Jams contest terms and conditions and not to Apple.
1. The Spook Jams Contest (the “Contest”) is conducted by Mermaids Music Ltd, a limited company organized and existing under the laws of England and Wales (the “Company”), located at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ.
2. Registered subscribers over the age of 18 (the “Contestants”) of the MIA: AI MUSIC GENERATOR mobile application (the “App”) may use the app to create Halloween-themed songs and submit them to be voted upon by other App users (the “Entry”). By submitting an Entry, the Contestant agrees to be bound by the Contest Terms. Any Entry not in accordance with the Contest Terms will not be valid or considered.
3. In these Contest Terms, unless the context otherwise requires, “Intellectual Property Rights” means all intellectual property rights, registered or unregistered, including the following rights:
a. patents, copyright, registered designs, trademarks, know-how, inventions, and the right to have confidential information kept confidential; and
b. any application or right to apply for registration of any of the rights referred to in paragraph (a).
4. To participate in the Contest, contestants must be registered App subscribers over the age of 18. Entries must be in accordance with the Contest Terms.
5. Entries must not include inappropriate language or material, gratuitous violence, sexual references or statements, or material that, in the Company’s opinion, promotes hatred towards an individual, race, or community or which are offensive, illegal, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful.
6. By submitting an Entry, each Contestant warrants that:
a. all details provided with the Entry are true and accurate;
b. the Contestant’s Entry is wholly comprised of original work created on the App and has not previously been published to the public;
c. the Contestant has all necessary rights and licenses to grant the rights set out in these Contest Terms;
d. the exercise of the rights granted to the Company in these Contest Terms will not infringe the rights of any third parties; and
e. the Contestant will indemnify the Company against any loss or damage resulting from any breach of these warranties.
7. In the event of any non-compliance with clauses 4 to 6, the Company may, at its discretion, determine that the Contestant’s Entry is invalid and excluded from the Contest. The Company reserves its rights to seek damages and enforce the indemnity provided in those clauses.
8. The Contest period opens on October 11, 2024 at 12:00 AM EDT and closes on October 31, 2024 at 11:59 PM EDT. Winners will be announced within 30 days after the Contest period closes.
9. Contestants acknowledge that they have read, understand, and accept and agree to be bound by these Contest Terms, the App Terms and Conditions, and the App Privacy Policy.
10. Contestants may submit as many Entries as they want during the Contest period. Only one Entry per Contestant will be eligible to win prizes. Only votes for an individual entry will be counted toward winning a prize. The total votes on all Entries from a Contestant will not be combined.
11. App users will vote for the Entry they like most. The top three Contestant Entries that receive the most votes will be eligible for prizes. In addition, to be eligible to receive a prize, winning Contestants agree to provide the Company with identification and other documents acceptable to the Company to establish the winning Contestants’ names, ages, and addresses.
12. The top prize is an Apple iPhone 16 Pro (256GB²) with an estimated value of $1,099.00. The second prize is a Sony Playstation 5 with an estimated value of $499.99. The third prize is a AirPods Pro with an estimated value of $249.00. The Company reserves the right to announce and award additional prizes to other Contestants whose Entries are judged by the Company, in its sole discretion, to have shown a high level of skill, such as creativity, humor, and other demonstrated skills. Chance plays no part in determining prize winners.
13. Prize values and description are correct at time of publishing of these Contest Terms, but no responsibility is accepted for any variation in the value or the nature of any prize. Prizes supplied by a third party are subject to availability. In the event that any prize is unavailable for whatever reason, the Company reserves the right to substitute any prize for a prize of equal or greater value.
14. If a prize winner has not been in contact with the Company within five days of a notification telephone call or email, the Company reserves the right to offer the prize to the next eligible Contestant. The Company does not accept any responsibility if a prize winner is not able (or otherwise fails) to claim a prize. In that event, the new winner will be selected in accordance with the Contest Terms.
15. Prizes are not transferable or exchangeable, and non-monetary components cannot be taken as a monetary payment.
16. Prizes will be delivered to the winning Contestant within 30 days of the Company contacting the winning Contestant. The winning Contestant is solely responsible for all taxes, customs duties, and government fees and taxes related to the prize and will indemnify the Company against the same.
17. To the full extent permitted by law, the Company, its officers, directors, employees, contractors, attorneys, affiliates, representatives, agents, or distributors will not in any circumstances be responsible or liable to compensate Contestants, or accept any liability for:
a. any incorrect or inaccurate information;
b. any technical error that may occur in the course of the administration of this Contest;
c. any error, omission, interruption, deletion, defect, loss or delay of any Entry or otherwise in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of a Contestant’s Entry or the running of the Contest; or
d. any injury, damages, expenses, cost, liability or loss whatsoever (whether direct, indirect or consequential) to Contestants as a result of any person entering into the Contest or accepting or using any Prize, including without limitation non-receipt or damage to any Prize.
18. These Contest Terms do not exclude any rights that cannot be excluded (for example, any such rights under applicable consumer protection legislation) to the extent permitted by law, but these rights are limited to prizes, repairing or replacing the prizes, or paying the cost of having the prizes repaired or replaced.
19. The Company collects, holds, and processes personal information about Contestants and Entries, and includes Contestants in the Contest, administration of the Contest, and awarding of prizes. If the personal information requested is not provided, a Contestant or Institution will be ineligible to participate.
20. Contestants agree that the Company will make Entries available to the public, and in the event that Contestants become a winner, publish or cause to be published their personal information, name, photograph, or likeness and locality in any media globally, without compensation. Winners must participate in publicity calls and marketing as requested by the Company during the Contest and up to 18 months after the selection of the winners.
CONTESTANTS ACCEPT PERSONAL INFORMATION PROVIDED TO THE COMPANY IN ACCORDANCE WITH THESE CONTEST TERMS WILL BE HELD AND USED ACCORDING TO THE COMPANY’S PRIVACY POLICY AVAILABLE AND MAY BE TRANSFERRED TO THE COMPANY’S COMPUTER SYSTEMS WORLDWIDE FOR THE PURPOSES OF THE CONTEST.
21. The Company reserves the right to amend these Contest Terms at its sole discretion by posting updated Contest Terms in the App. By continuing to participate in the Contest or accepting any prize, Contestants are deemed to accept the amended the Contest Terms.
22. The Company may at its own discretion refuse a Contestant’s Entry to the Contest or to award any prize if the Contestant fails to comply with these Terms, the law, or if, in the Company’s opinion, the Contestant’s involvement with the Contest may cause adverse publicity to the Company.
23. Contestants retain ownership of any Intellectual Property Rights in their Entries and subject to these Contest Terms. Contestants will grant the Company and its affiliates, assigns, nominees, and licensees, a worldwide, fully paid-up, perpetual, irrevocable, sublicensable, transferable, royalty-free license and right to use, modify, publicly perform, publicly display, reproduce, publish, transmit, copy, edit, alter, store, communicate to the public, reformat, and distribute the Intellectual Property Rights in Contestants’ Entries (and any component of Entries) for the purposes of the Contest, any promotional and marketing purposes, and any commercial purposes of the Company and its affiliates, assigns, nominees, and licensees, without notice and without any fee being paid.
When submitting an Entry, Contestants waive their Moral Rights (described below) and any other similar rights in the Entries and consent to any act or omission that would otherwise infringe moral or similar rights. In these Contest Terms, Moral Rights include:
a. a right of attribution of authorship;
b. a right not to have authorship falsely attributed;
c. a right of integrity of authorship; and
d. any right of a similar nature which is conferred by statute and which exists or comes to exist anywhere in the world.
24. If, for any reason, the conduct or operation of the Contest is not capable of proceeding as planned, is interfered with, or disrupted in any way, the Company reserves the right to cancel, terminate, suspend, modify, or recommence the Contest. The Company may amend these Contest Terms at its discretion.
25. All decisions the Company makes regarding the Contest are final, and the Company will not enter into any correspondence with Contestants.
26. If any provision of these Contest Terms is held to be illegal, invalid, void, or otherwise unenforceable, it will be severed from the remaining provisions, which will continue in full force and effect.
27. The Contest is not open to Entries by:
a. any employee, officer, or individual contractor of the Company or their affiliates or its agencies involved with the Contest; or
b. any natural or adopted child, or sibling of a person referred to in paragraph a.
28. These Contest Terms shall be governed by the laws of and Contestants submit to the exclusive jurisdiction of the courts of England.