REACTABLE CHALLENGE

“Reactable Challenge” Terms and Conditions

1. The Competition
1. 1.1 The promoter and data controller of the “Reactable Challenge” competition (the “Competition”) is Reactable Systems, S.L., a Spanish company duly incorporated and existing under the Spanish laws, with domicile in Barcelona, C/ Llull no. 70, and with tax id. Number B65054710 (“Reactable”).
2. 1.2 The Competition is free to enter and is open to people of legal age according to their respective national laws, and in any case aged eighteen (18) or over, with the exception of employees of Reactable, their immediate families, representatives or agents or anyone else connected with this Competition.
3. 1.3 Reactable cannot guarantee the legality of the Competition in all countries or jurisdictions. As a result, the Competition is intended only for participants whose applicable laws do not prohibit them to participate in competitions of this kind. The participants represent, warrant and agree to ensure that when participating in the Competition they will comply with all regulations, statutes and laws that may be applicable to them. Reactable is not in any way responsible for the consequences that the participation in the Competition could bring to the participants in relation with their national applicable laws.
4. 1.4 The Competition shall start at 00:00 CET on May 28st 2012.
5. 1.5 By registering at the website located at the URL: www.reactable.com/community (the “Site” or the “Community”) and submitting an Entry to the Competition via the ‘Competition’ page of the Site (the “Competition Page”) you, the person entering the Competition, agree to be bound by these terms and conditions (the “Competition Terms and Conditions”).
6. 1.6 To submit an Entry to the Competition, you must upload a Reactable Mobile composition (Table) and its corresponding Track of your own creation (the “Entry”).
7. 1.7 All Entries must comply with all instructions and/or requirements stipulated in the Competition Page. You may submit a maximum of 3 (three) Entries to the Competition. All subsequent Entries will be disqualified. Reactable shall confirm a successful Entry by email to the email address provided by you in your registration application.
8. 1.8 The closing date for receipt of entries is 11:59 Central European Time on July 13th 2012 (the “Closing Date”). Reactable reserves the right to alter the Closing Date (if in Reactable’s opinion it is necessary) at any time without notice prior to the Closing Date. Reactable’s decision as to whether an Entry has been received before the Closing Date shall be final.
9. 1.9 Registrations for Entry must be correctly submitted by the Closing Date otherwise they will be rejected. Reactable accepts no responsibility for any Entries or information that is incomplete, incorrectly submitted or fails to reach Reactable by the Closing Date for any reason.
10. 1.10 You may request that Reactable withdraws your Entry at any time following your submission of such Entry by accessing the Competition Page, clicking the ‘Remove Track’ button located on the Competition Page and providing the requested information.
11. 1.11 You warrant, represent and undertake that the performance and track you submit to the Competition Page as part of your Entry shall:
    1. be wholly original and created in its entirety by you or that you shall have the right to upload it (and you shall not falsely attribute or claim otherwise);
    2. not infringe the intellectual property rights or other proprietary rights of any third party;
    3. not be offensive, insulting, defamatory, pornographic, obscene, indecent, objectionable or otherwise inappropriate or unlawful; and
    4. not be in breach of confidence or in contravention of the Spanish Data Protection Act of 1999 (Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal) or any other applicable data protection or privacy legislation.
12. 1.12 Once an Entry has been successfully submitted to the Competition, you and other end-users of the Site will be able to view the Entry on the Competition Page and vote on all such entries using the “Like” voting system until the Closing Date. Entries will be displayed randomly and not in order of upload. Only registered members of the Community may submit Entries to the Competition and vote the most liked Entries.
13. 1.13 Amongst the 20 most liked Entries, a celebrity panel of jurors (the “Jury”) shall elect a winner for the Competition (the “Winner”) (the “Jury Stage”). For avoidance of any doubt, in the event of a tie in for the 20th place on the most liked Entries rank, all the tied Entries shall qualify for the Jury Stage. Every Jury member shall award from 0 to 10 points to each Entry (0=worst, 10=best). The winner of the Competition shall be the registered member whose Entry has received the most votes from the Jury (the “Winner”). In the event of a tie for first place the jury will revote to select the winning Entry. Additionally, the best qualified track at the Jury Stage of the competition which is also linked to a music school, (accomplished by filling in the corresponding field at the moment of registration), will entail this music school being declared the Winning School. If there is no entry linked to a music school amongst all the participants in the Jury Stage, no Winning School will be declared.
14. 1.14 The name of the Winner and the Winning School, if any, (hereinafter, the “Winners”) along with their winning Entries shall be announced on the Site and the Winners shall be notified by email to the address submitted on Entry to the Competition within fourteen (14) days of the Closing Date of how to claim the Prize (as defined in clause 2.1 below) (the “Winners’ Notification”).
15. 1.15 The Winners shall be final and no correspondence or discussion shall be entered into.
2. The Prize
1. 2.1 The Winner and the Winning School (if any) shall receive each a “Reactable Live!” instrument (the “Prize”).
2. 2.2 The approximate value of the Prize is Eight Thousand Euros (€8000) for each “Reactable Live! Instrument; however, the Winners acknowledge that the Prize is non-transferable, non-negotiable and that no cash alternative shall be offered. The Winners further acknowledge that the Prize is subject to availability and that Reactable shall have the right in its absolute discretion at any time and without notice to substitute the Prize for another prize of similar value.
3. 2.3 Any failure on the part of the Winner to:
   1. respond to a Winners’ Notification with twenty eight (28) days of the date of such Winners’ Notification; or
   2. provide any delivery information requested by Reactable in any such Winners’ Notification within twenty eight (28) days of the date of such Winners’ Notification; or
   3. meet the eligibility requirements set out in clause 1.2 above
   shall result in the Winners forfeiting their entitlement to the Prize and you hereby acknowledge that in such circumstances, Reactable shall reserve the right to offer the Prize to any runner-up under the Jury Stage referred to in clause 1.12 above or the registered member whose Entry has received the next highest number of points from the Jury.
4. 2.4 The Winners also hereby undertake to attend and take part in such reasonable post event publicity as shall be notified to them reasonably in advance in writing by Reactable. Reactable shall pay the Winners’ reasonable travel expenses to and from such publicity events.
3. Intellectual Property
1. 3.1 By submitting your registration application and agreeing to these Competition Terms and Conditions, you hereby grant Reactable a non-exclusive, transferable, sub-licensable worldwide and royalty free licence to use your Entry for the purposes of the administration and promotion of the Competition and consent to your Entry being viewed and voted on by end-users of the Site. For the avoidance of doubt, you hereby acknowledge that the licence granted under this clause 3.1 shall include the right for Reactable the right to use your image and likeness (as contained in any track or video uploaded onto the Site by you) as part of your Entry into the Competition in accordance with these Competition Terms and Conditions
2. 3.2 For the avoidance of doubt, nothing in these Competition Terms and Conditions grants Reactable:
   1. ownership of the copyright in material uploaded onto the Site in accordance with clause 1.4 above;
   2. an exclusive right to use material uploaded on to the Site in accordance with clause 1.4 above; or
   3. the right to income from or copyright in future projects created by registered members of the Competition.
4. Data Protection and Privacy
1. 4.1 When you submit your Entry to the Competition, you will provide us with certain personal data, including your name, IP address, email address and others. By doing so, and in accordance with the Spanish Data Protection Act 1999 (Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal), you agree that Reactable shall be entitled to process such personal data for the purposes of the administration of the Competition.
2. 4.2 The personal data that you submit to the Competition as part of your Entry shall be processed by Reactable or by a data processor appointed by Reactable to undertake processing on its behalf. Your personal data shall be stored on servers controlled by Reactable. Your personal data shall be processed for the purpose of your participation in and Reactable’s administration of the Competition only and, for the avoidance of doubt, save for the Winners’ personal data as set out in clause 4.6, shall be destroyed by no later than one (1) month after the end of the Competition. Save as set out in clause 4.3 and this clause Error: Reference source not found2, Reactable shall ensure that your personal data shall not be transferred to a third party.
3. 4.3 By entering this Competition, you acknowledge and agree that if you are declared the Winner, Reactable shall have the right to transfer your personal data to any third party provider of the Prize (or any part thereof) in order to enable that third party provider to issue you with the Prize.
4. 4.4 The Site may use cookies from time to time to monitor voting. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. If you do not wish Reactable to install cookies on your computer for these purposes, you may change the settings on your internet browser to reject cookies. Please note that if you do set your browser to reject cookies, you may not be able to use all of the features of the Site.
5. 4.5 You may at any time request access to and/or, if incorrect, rectification of your personal data by contacting Reactable at the address set out in clause 1.1 or by e-mailing challenge@reactable.com
6. 4.6 The Winners hereby unconditionally grant to Reactable an irrevocable, perpetual, non-exclusive, transferable, sub-licensable worldwide and royalty free licence to publicly display, copy, reproduce, communicate to the public, modify, edit, manage, distribute and store any of the Winners’ name and/or Entry for the purposes of publicising, promoting or advertising the Site, the Competition, and any other Reactable product anywhere in the world.
5. Limitation of Liability
1. 5.1 Subject to clause 5.3 below, you acknowledge that you shall enter the Competition at your own risk and that the Site and the Competition are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by law, custom, statute or otherwise). To the fullest extent permitted by law, Reactable disclaims all conditions, representations, statement and warranties (including without limitation to any implied warranty regarding the quality or the fitness for a particular purpose of the Competition or the Prize).
2. 5.2 Subject to clause 5.3, you acknowledge and agree that Reactable shall not be liable for any:
   1. direct loss, claim, damage or injury;
   2. indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim;
   3. loss of profit or savings;
   4. loss or corruption of data or information;
   5. loss of contracts, business or opportunity; or
   6. damage to goodwill or reputation(s);
   in each case whether direct or indirect and in each case whether based in contract, tort (including without limitation negligence), strict liability, or otherwise, arising out of or in connection with this Competition, your Entry and/or any use thereof, or your acceptance of the Prize (if applicable) in each case even if Reactable has been forewarned or is aware of the possibility of such loss or damage.
3. 5.3 Nothing in these Competition Terms and Conditions shall exclude or limit Reactable’s liability for death or personal injury caused by Reactable’s negligence or any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you or any other liability which cannot be excluded or limited under Spanish law.
4. 5.4 You agree to indemnify, keep indemnified, defend and hold Reactable and its parent companies, subsidiaries, affiliates (each an “Affiliate”) and each of Reactable’s and its Affiliates’ respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your participation or conduct in relation to the Competition and/or the Prize (if applicable), your Entry, any use thereof, or any violation of these Competition Terms and Conditions or of any law or the rights of any third party.
6. General
1. 6.1 Reactable reserves the right, at its sole discretion, to change, modify, add or remove portions of these Competition Terms and Conditions at any time up to two (2) weeks before the Closing Date.
3. 6.2 If any clause or part of a clause of these Competition Terms and Conditions is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Competition Terms and Conditions.
4. 6.3 By entering the Competition, you shall also be deemed to have accepted and be bound by the Site’s Terms of Use at http://www.reactable.com/community/about/legal.
5. 6.4 The warranties, exclusions and the other express provisions of these Competition Terms and Conditions and the Site’s Terms of Use set out the full extent of Reactable’s obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto.
6. 6.5 In the event that you breach these Competition Terms and Conditions or any provision of the Terms of Use, you shall be automatically disqualified from the Competition and ineligible to win the Prize or any other prize in connection with the Competition.
7. 6.6 The Competition is organised under and is subject to Spanish law. These Competition Terms and Conditions shall be governed by Spanish law and the courts in Spain corresponding to the consumer’s domicile shall have exclusive jurisdiction over any disputes arising out of these Competition Terms and Conditions.