REGULATIONS OF THE CONTEST
"DARIA ZAWIAŁOW 2TRACK CONTEST"
§1 General provisions
1. The "Daria Zawiałow 2Track Contest" Contest (hereafter "Contest") is organized by Sony Music Entertainment Sp z o.o. (LLC) with its registered office in Warsaw (postcode: 02-879) at ul. Chóralna 14, entered in the register of Entrepreneurs run by the District Court for the capital city of Warsaw in XIII Division Commercial Register of the National Court Register under KRS number 0000008269, tax identification number: 951-20-06-358 (hereinafter: Organizer).
2. The Contest is organized in cooperation with Bogdan Kondracki, who conducts business activities as 2TRACK Bogdan Kondracki company, address: ul. Kwiatkowskiego 1 lok. 33, 03-984 Warsaw, the owner of 2Track web portal (www: hcp: //2track.pro/) (hereafter: Platforma). For the avoidance of doubt it is stated that participaton in the Contest is equivalent to accepting the Platforma Rules.
3. The contents of these Regulations are available at the Organizer's office and on the following websites: www.sonymusic.com and hcp: //2track.pro/.
4. The founder of prize and promising the prize within the meaning of the relevant provisions of the Act of 23 April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended) is:
A) in respect of awards for 1st place, referred to in §6 sec. 1 Rules and prizes in the form of a package of vinyl records, referred to in §6 sec. 2 of Regulations: Organizer.
B) in respect of the subscription offer in the Tidal streaming service referred to in §6 sec. 2 and 3 of Regulations: Bogdan Kondracki.
5. The Organizer declares that the Contest is not a game of chance, lottery, mutual bet, promotional lottery, the outcome of which depends on chance, or any other form of random game provided for in the law of November 19, 2009 on gambling games (Journal of Laws of 2009, No. 201, item 1540, as amended).
6. The administrator of the personal data collected for this Contest is:
A) in the field of data made available for registration through Platforma: Bogdan Kondracki
B) in the field of data provided by electronic means Organizer: Organizer. Personal data in the scope (respectively, according to the extent of their availability): name, email address,phone number, residence address will be processed by the above mentioned entities only and in the framework and for the purpose of carrying out the Contest on the principles set out in these Regulations. Person sharing personal data has the right to access their personal information, to introduce changes changes and to demand the end of their personal data processing. Providing personal data is voluntary, but the lack of it makes participating in the Contest as well as sending prizes impossible.
7. The organizer is the body that watches over the course of the Contest.
§2 Participants of the Contest
1. The Contest is only for individuals who are:
A. Minors and having legal capacity,
B. Minors who do not have full legal capacity with the consent of their legal caretaker who in writing agrees to participation in the contest in the case of minor or not having a full legal capacity and consent will be presented at every request of the Organizer. Person participating in the Contest is hereinafter referred to as the Participant.
2. The Organizer's employees and the entities and employees of the entities Providing services to the Organizer when organizing the Contest on the basis of Civil- law contracts as well as members of the immediate family (spouses, descendants, descendants and siblings) of the above mentioned persons may not participate in the contest.
§3 Rules of the Contest
1. The rules of the Contest are defined in these Regulations.
2. The Contest consists in creating the instrumental parts for the song by Daria Zawiałow by the Participant (hereinafter: Rework) based on the vocal part of the song by Daria Zawiałow titled "Kundel bury", assuming that the vocal part of the song "Kundel bury" will remain unchanged.
3. To participate in the Contest, the Participant will post the Rework on Platform in the "Contests" tab,keeping in mind the rules of creating 2tracks on www.2track.pro, which consists of adding only one’s own instrumental track to the already existing vocal part (assuming that it will remain unchanged) and the Participant will send to patrycja.kaczan@sonymusic.com Rework application in wave format, as well as name, pseudonym - if used,and the participant's e-mail address. In addition, at the request of the Organizer, the participant will send the following supplementary information: address of residence, phone number, date of birth along with a scan of the official document confirming the date of birth and consent of the caretakers -in the case of minors.
4. Participants can participate in the Contest only once.
5. Participant's entry, which will not include the abovementioned data may be not qualified by Organizers for the Contest.
6. The organizer is not responsible for entries that do not reach the Organizer for reasons beyond his control, in particular due to Participant’s lack of access to the Internet.
7. All costs associated with participation in the Contest shall be borne by the Participant.
8. Submission of the Rework by the Participant is tantamount to accepting these Regulations.
9. Participant declares that Rework will be the result of his personal creativity and will not contain elements that violate the law or the rights of third parties. Organizer reserves themselves the right not to consider Contest entries drawn up contrary to these Regulations and to not award a prize to a person who has violated these Regulations.
§4 Dates
1. The Contest starts on March 27, 2017, as of the date of publication of these Terms and Conditions on the Organizer’s website and and the publication of vocal parts of the song Daria Zawiałow titled "Kundel bury" on Platform.
10. Entries must be submitted in the manner specified in §3 sec. 3 Rules, until April, 23, 2017, to 23:59 hours.
2. The results of the Contest will be announced by publishing them on www.sonymusic.com and www.2track.pro on April 28, 2017.
§5 Settlement of the Contest
1. The Contest Jury will consist of representatives of the Organizer and a representative of Platforma.
2. When choosing the winners of the Contest, the Jury will focus on the artistic merits of the Contest entries meeting the technological criteria stated in §3 section 6 of the Regulations.
3. The Jury will select the winners of the Contest and will award them the prizes referred to in §6 of the Regulations, sec.1-3 of the Regulations.
4. The jury has the right not to award a prize in a given category, including no award, and the same to cancel the Contest.
5. The Contest Jury’s decision is final and not subject to challenge.
§6 Awards
1. 1st place - publication of the work in digital and/or physical form on the basis of an agreement concluded between the 1st place winner and the organizer on transferring full related rights (rights producer rights and rights to artistic performances) and author's property rights from the Participant to the Organizer in accordance with the provisions of §7 par. 3-6 below for the amount of 2000,00 PLN gross (approximately €500) and an additional award, that is a cash prize of 222.22 PLN, to cover the income tax from the prize in the contest, with the obligation to pay income tax on prizes to the appropriate tax office in accordance with the applicable tax law resting with the Participant-Laureate and the Organizer assumes no liability in the event omission of execution or improper performance of this obligation by the Participant-Laureate
2. 2nd place - a package of four vinyl records (Sia "This is Acting" Kings Of Leon "WALLS", Foo Fighters "Saint Cecilia EP ", Reni Jusis" Bang ") with a total value of 250, 80 PLN gross and a half-year subscription to the streaming service Tidal worth 239.94 zł.
3. 3rd place - 6 months subscription in the Tidal streaming service worth 239.94 PLN gross
4. Participant - winner of the first prize within 5 days of announcing the results of the Contest will receive an agreement transferring related rights (producer rights and rights to artistic performances) and property copyrights to Rework in the scope referred to in § 7 par. Rule 3 and is obliged to send it two copies signed by the Participant by May 12, 2017 to Sony Music
Entertainment Poland Sp. Z o.o., ul. Chóralna 14; 02-879 Warszawa, with a note: Contest. In case of not delivering the signed copies by the Participant - the first prize winner in the contract by the abovementioned date, the person loses their right to awards. In such a case, the Contest jury may decide not to award the prize or to award it to Participant - 2nd prize winner.
5. At the request of the Organizer, each of the winners of the Contest is obliged to sign contract transferring full rights to the Organizer (related rights and copyrights) to Rework awarded in the Contest in the scope referred to in §7 par. 3 Rules with the Organizer.
6. Prizes will be sent to Participants – laureates by post, to addresses given by the Participants, and the prize in the form of codes that will allow to subscribe to TIDAL will be sent to the e-mail address of the Participant - III place winner. In the event of failure of delivering by the Participant - Laureate the aforementioned. address within 7 days of announcing the results of the Contest, he or she may lose the right to the prize.
7. Prizes can not be redeemed at the request of a participant, either in cash or in other form of compensation.
8. The prize is exclusively for Participants - the winners of the Contest and can not be transferred to third parties.
9. The names of the participants - the winners will be announced on April 28, 2017 at www.sonymusic.com.
§7 Copyright
1. The Participant of the Contest declares that he is entitled to exclusive and unlimited copyrighted property rights and related rights (producer rights and rights to artistic performances) to be sent within Rework Contest.
2. Upon participation in the Contest, the Participant grants the Organizer a territorially non- exclusive license that is free of charge for a period of 5 years from the moment of Participation in the Contest by the Participant a territorially to use Rework and to distribute Rework through its public reproduction, and Broadcast and re-release, as well as publicly providing Rework in such a way that everyone can have access to it at the place and time chosen by themselves in particular by introducing to computer memory, Internet network, telecommunication network and mobile telephony.
3. Upon entering the Contest, one is obliged to:
A. Transfer to the Organizer all related rights (producer and artistic rights) and proprietary property rights in relation to the Rework, for the full duration of the related rights and rights territorially non exclusive. Participant hereby confirms that the Organizer will be the sole and exclusive owner of the Contest work, as well as the individual traces that make up Rework, and will also grant The Organizer agrees to execute the Rework dependent rights without paying the Participant Separate remuneration or obtaining any consents in this regard. The participant will transfer to The Organizer aforementioned rights at all ,known at the time of entering into this contract, areas of exploitation, including all those listed in the Copyright and Related Rights Act, Especially:
a) In the field of fixation and multiplication of Rework: the production of a specific technique of copies of Rework, including printing, reprographic, magnetic recording and digital techniques;
b) in the scope of circulation of the original or copies on which Rework was fixed - introduction to trading, lending or renting the original or copies;
c) In the field of distributing Rework in ways other than those specified in point b) - public performance, display, reproduction, broadcast and re-release, as well as public sharing of Rework in such a way that everyone could have access to it at the place and time they chose by themselves particularly through the introduction into the computer memory, multimedia network Internet, network Telecommunication and mobile telephony.
B. Allow the Organizer to publish anonymously.
3. The obligation referred to in para. 3 above expires within 1 (one) year of the announcement of Contest results.
4. The Participant agrees to publish and distribute for the purpose of carrying out and announcing the results of the Contest following personal data: name, surname, possibly
pseudonym.
5. In the event of any claim by any third party against the Organizer based on any rights to the work submitted by the Participant, as well as for infringement of personal property of third parties, the Participant undertakes all possible actions and facts to ensure legal protection of the Organizer against such claims, in particular the Participant Is obliged to substitute the Organizer in the proceedings pending in this respect, and in the case when there is no such possibility, the Participant is obliged to join the organizer on the organizers proceedings. In addition, the Participant will be obliged to make good any damage related to the expenses and expenses incurred by the Organizer in connection with the claims referred to in the previous sentence.
6. Due to the fact that the work to which the Participant is creating Rework is subject to the legal protection provided for particularly in the Copyright and Related Rights Act, Participant has no right to any exploitation of the Rework without the consent of the entitled entities, including in particular distribution of the Rework in any other manner than is necessary to participate in this Contest.
§8 Rules of complaint procedure
1. Complaints about the course of the Contest may be submitted in writing to the address of the Organizer with a note "Contest", until May 5, 2017. The date of submission of the complaint is the date of its reaching the specified address.
2. The written complaint should include the name and exact address of the participant as well as the exact address together with the description and indication of the reason for the complaint.
3. The complaint is considered by the Organizer within 14 days of its delivery to the address, mentioned in in item 1. The participant will be notified of the complaint by registered letter sent to the correspondence address stated in the complaint.
4.The Organizer will consider the Participants' Complaints basing on Regulations.
§9 Limitations of Claims
The Organizer is not responsible for:
A. Possible technical problems related to the operation of Internet service providers, and in particular for interruption, suspension, or distortion of a connection that may result in loss of or damage to the content sent electronically, which could affect the fulfillment of the conditions for participation in Contest.
B. Infringement by the Participants of copyright, personal rights or other rights of third parties.
§10 Final provisions
1. Individuals participating in the Contest accept the terms and conditions of these Regulations.
2. The Contest is run in the territory of the Republic of Poland.
3. Supervision over the Contest is conducted by Organizer.
4. Both the Contest Participants and the Organizer will strive to resolve any disputes that arise from these Regulations in a compromise manner.
5. The provisions of the Civil Code shall apply to matters not governed by these regulations.
6. The Contest Rules enter into force on March 27, 2017.
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