Terms and Conditions
Spotify is pleased to sponsor the Spotify Million Playlist Dataset Challenge (“Challenge”); these Challenge Terms and Conditions (“Terms”) will govern your use of Spotify Data (as defined below).
By signing up to the Challenge, downloading Spotify Data, accessing Spotify Data, or otherwise participating in any manner in the Challenge, you (“Participant” or “you”) are entering into a binding contract with Spotify and agree to be bound by these Terms. “Spotify” means: Spotify AB, with offices at Regeringsgatan 19, 111 53 Stockholm, Sweden, registered number 556703-7485.
Please read the Terms carefully. You acknowledge that you: have read and understood the Terms; have had the opportunity to review the Terms with legal counsel even if you have chosen not to do so; accept these Terms and agree to be bound by them. If you don’t agree with (or cannot comply with) the Terms, then you must not access Spotify Data or otherwise participate in this Challenge.
In order to access Spotify Data, register for the Challenge, or in any way participate in this Challenge, you must: (a) be 18 years or older or the age of majority in the jurisdiction of your residence; and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
You represent and warrant that: (1) you satisfy the eligibility requirements set out in these Terms; (2) you are free to enter into this contract with Spotify; (3) you are not bound by any conflicting obligations or conditions whether resulting from employment or student relationship or otherwise; (4) your participation in the Challenge, or your access to or use of Spotify Data does not violate any applicable laws or regulations; (5) any registration information that you submit to Spotify is and will for the duration of the Challenge be true, accurate, and complete. No purchase is necessary to participate in this Challenge. Spotify reserves the right to verify eligibility and to adjudicate on any dispute relating to these Terms at any time. If you provide Spotify with any false information concerning your identity, residency, mailing address, telephone number, email address, ownership of right, or information required for entering or participating in the Challenge, you may be immediately disqualified from the Challenge, at Spotify’s sole discretion. Officers, directors, employees and advisory board members (and their immediate families and members of the same household) of Spotify and its respective affiliates, subsidiaries, contractors, agents, judges and, advertising and promotion agencies are not eligible to participate in the Challenge. You are not eligible to participate in the Challenge if you are a resident of a country designated by the United States Treasury’s Office of Foreign Assets Control (see http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx for additional information). Local rules and regulations may apply to each individual, so please check your local laws to ensure that you are eligible to participate in this Challenge. Spotify may in its sole discretion disqualify any Participant it reasonably believes has attempted to undermine the legitimate operation of the Challenge, including but not limited by: (x) cheating, deception, or other unfair practices; or, (y) abuse, threats or harassment of any other Participants or Spotify.
In order to access Spotify Data or otherwise participate in this Challenge, you must follow any instructions and requirements posted on the Website (“Requirements”). “Website” means https://www.aicrowd.com/challenges/spotify-million-playlist-dataset-challenge. Please review the Requirements for the Challenge carefully. Participants must not collaborate with other Participants or individuals in participating in the Challenge unless all such individuals have accepted these Terms.
The Challenge will run from the start date and time to the end date and time (if any) set forth on the Website, and may be subject to change. Spotify may introduce additional hurdle deadlines during the Challenge. Any updated or additional deadlines will be publicized on the Website. It is your responsibility to check the Website regularly to stay informed of any deadline changes. YOU ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN YOUR LOCATION.
4. Spotify Data.
For purposes of this Challenge, Spotify will provide data as described on the Website (“Spotify Data”). Spotify hereby grants you a limited non-exclusive license to use the Spotify Data solely as required to prepare your Challenge Result (defined below). All other uses of Spotify Data are strictly prohibited. You hereby agree not to use, sell, rent, transfer, distribute, make available, or otherwise disclose Spotify Data, other than as required to prepare your Challenge Result. Further, you hereby agree not to attempt to: identify any individuals from the Spotify Data, use the Spotify Data or any data derived therefrom for any commercial purpose, or reverse engineer any aspect of Spotify’s technology or data. Any rights not explicitly granted herein are expressly reserved by Spotify.
The Spotify Data may include some publicly available data relating to Spotify users; however, the Spotify Data does not contain any data about Spotify users who were residents of the European Union as of December 1, 2017. You agree to notify Spotify immediately upon learning of any possible unauthorized transmission, access or use of the Spotify Data and agree to work with Spotify to rectify any such unauthorized transmission, access or use.
“Challenge Result” means any result, outcome, creation, submission, or other output, arising from your use of the Spotify Data, whether or not publicly available or shared with Spotify. A Challenge Result must not involve the use of the Spotify Data for any commercial purpose. In order to facilitate the exchange of ideas in this active field of research, you are required to make publicly available any source code and related information used to derive the results contained in the Challenge Result. By preparing a Challenge Result, (i) you represent and warrant that to the best of your knowledge, the Challenge Result does not infringe the intellectual property rights (including copyrights, patents, trademarks or trade secrets) of any third party, and (ii) you further grant a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable open-source license for any intellectual property rights underlying your Challenge Result including source code, under an Open Source Initiative-approved license (as identified at https://www.opensource.org) which does not limit commercial use of such code, and acknowledge that the terms of such license are incorporated by reference herein). You agree that no consideration will be due by Spotify or any other party in connection with any such intellectual property rights, other than as set forth in these Terms and Conditions. You may enter up to five (5) Challenge Results per day in this Challenge. If you participate in this Challenge as part of a team, then each team may enter up to five (5) Challenge Result per day in this Challenge; there is no maximum team size, and the minimum team size is one (1) person. Challenge Results are void if they are in whole or in part illegible, incomplete, damaged, altered, counterfeit, or obtained through fraud. Spotify reserves the right, in its sole discretion, to disqualify any participant who makes a Challenge Result that does not meet the Requirements or is in violation of these Terms.
You understand that in order to participate in the Challenge, you will be required to provide personal data to Spotify. You consent to Spotify’s collection and processing (including sharing and storage) of your personal data in relation to this Challenge, including, but not limited to, your: name, mailing address, phone number, and email address. This may mean that information submitted to Spotify from within the European Economic Area (“EEA”) and Switzerland may be transferred to a country outside of the EEA and Switzerland, where you may have fewer legal rights in relation to your information. If you have any questions about how we process your personal data, or if you want us to correct, block or delete your personal data, please contact firstname.lastname@example.org.
You warrant that your Challenge Result is your own original work and, as such, you are the sole and exclusive owner and rights holder of the Challenge Result, and you have the right to make the Challenge Result and grant all required licenses. You further warrant that your Challenge Result does not: (a) infringe any third-party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or, (b) otherwise violate any applicable law.
To the maximum extent permitted by law, you agree to indemnify and hold harmless Spotify at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default, or omission of the participant and/or a breach of any warranty set forth in these Terms. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Spotify from and against any and all third-party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (a) your Challenge Result, or other material uploaded or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party, or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by you in connection with the Challenge; (c) any non-compliance by you with these Terms; (d) claims brought by persons or entities other than the parties to these Terms arising from or related to your involvement with the Challenge; and, (e) your acceptance, possession, misuse or use of any Prize, or your participation in the Challenge and any Challenge-related activity. Spotify is not responsible for any malfunction of the Website or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Challenge Results or entry materials due to system errors; failed, incomplete, or garbled computer or other telecommunication transmission malfunctions; hardware or software failures of any kind; lost or unavailable network connections; typographical or system/human errors and failures; technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment; traffic congestion on the Internet or at the Website; or, any combination thereof, which may limit a participant’s ability to participate. You hereby release Spotify from any liability associated with: (1) any malfunction or other problem with the Website; (2) any error in the collection, processing, or retention of any Challenge Result; or (3) any typographical or other error in the printing, offering or announcement of any Prize or winners.
9. Right to Cancel, Modify, or Disqualify.
Spotify reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Challenge. Spotify may request Participants to delete or return (at Spotify’s sole discretion) all Spotify Data. Spotify further reserves the right to disqualify any participant who tampers with any part of the Challenge or Website. Any attempt by a participant to deliberately damage any web site, including the Website, or undermine the legitimate operation of the Challenge is a violation of these Terms and should such an attempt be made, Spotify reserves the right to seek damages from any such participant to the fullest extent of the applicable law.
a. Choice of Law.
These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions that would result in the application of another jurisdiction’s laws. Exclusive jurisdiction and venue for actions related to these Terms will be the courts located in New York County, New York, and both parties consent to the jurisdiction of such courts with respect to any such action.
b. No Offer of Employment.
Under no circumstances shall the submission of a Challenge Result, any feedback from Spotify, or anything in these Terms be construed as an offer or contract of employment with Spotify. To the extent that you submit your Challenge Result to Spotify, you acknowledge that you have submitted your Challenge Result voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship, or implied-in-fact contract now exists between you and Spotify, and that no such relationship is established by your submission of your Challenge Result.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision hereof. If any provision is held invalid, illegal or unenforceable in any jurisdiction, then, to the fullest extent permitted by law, all other provisions hereof will remain in full force and effect.
No delay or omission in exercising any right hereunder will operate as a waiver of that or any other right. A waiver or consent given on one occasion will not be construed as a bar to or waiver of any right on any other occasion. Any waiver must be in writing.
These Terms constitute the entire agreement between you and Spotify concerning the subject matter hereof and supersedes any prior or contemporaneous agreements concerning the subject matter hereof.