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07 / 05 / 2017
Queen of Hearts
1 2tracks 2 Tracks
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The Contest Rules and Regulations
„SMOLIK // KEV FOX Vocal Contest”
1. An Organizer of the contest referred to as „SMOLIK // KEV FOX
Vocal Contest” (hereinafter the „Contest”) is 2Track Bogdan Kondracki with registered office in Warsaw (03-984), ul. Kwiatkowskiego 1 lok. 33 (hereinafter: the “Organizer).
2. The content hereof is available at the following website of the Organizer www.2track.pro.
3. The prizes are founded by the Organizer.
4. The Organizer represents that the Contest is not a game of chance, a raffle, pari-mutuel, a lottery, where the outcome depends on chance, or any other form of a game of chance stipulated in the Gambling Act of 19 November 2009 (Journal of Laws of 2009, No. 201, item 1540 as amended).
5. The Organizer is an administrator of personal details collected for this Contest. The following personal details, such as name, surname, pseudonym, e-mail address, telephone number, address of residence and in the case of a prize winning – personal identification number (Pesel), are processed by the Organizer exclusively within the framework of and for the needs of the Contest and upon the rules set forth herein. A person providing personal details has the right to review their personal details, amend them and request to cease processing thereof. Providing personal details is voluntary, however, refraining from the provision thereof prevents participation in the Contest and posting of prizes.
II. Participants 1. The Contest is only for persons:
a. of full age and with a capacity to perform acts in law,
b. minors and without a full capacity to perform acts in law with a permission of their legal guardian, who expresses permission in writing for a participation of a minor or a person without a full capacity to perform acts in law and this permission is presented at each request of the Organizers.
A person taking part in the Contest is hereinafter referred to as the Participant.
2. Employees of the Organizer and entities and employees of the entities providing services of organizing the Contest pursuant to civil law contracts for the benefit of the Organizer, and closest relatives (spouses, ascendants and descendants and siblings) of the aforementioned persons may not take part in the Contest.
III. The rules of the Contest
1. The rules of the Contest are set forth hereby.
2.The Contest consists in creating by a Participant an artistic performance of a vocal to the instrumental backing track of a song by Smolik // Kev Fox „Queen of Hearts” using its backing track and lyrics (hereinafter referred to as the Artistic Performance).
3. Participants undertake to insert the Artistic Performance (vocal track) in mp3 format max 10 mb to www.2track.pro to the tab : CONTESTS - „SMOLIK // KEV FOX Vocal Contest”.
4.The Participant sends an application containing the name and surname, a pseudonym if used, an address of residence and an electronic mail address, contact telephone number of a Participant, a date of birth with a scan of an official document certifying date of birth, a permission of legal guardians in case of minors, to the following e-mail address: firstname.lastname@example.org. Additionally, upon the Organizer’s request, the Participant shall send the Artistic Performance in wave format.
5. The Participant may take part in the Contest only once, irrespective of the number of Internet accounts owned.
6. The Participant’s application without the above details may cause a rejection of the contest work by the Organizer.
7. The Organizer is not held responsible for the contest applications which fail to reach the Organizer due to reasons beyond their control, in particular due to a lack of an access to Internet by the Participant.
8. All costs related to the participation in the Contest are incurred by the Participant.
9.Posting an Artistic Performance on www.2track.pro by the Participant constitutes an acceptance hereof.
10. The Participant undertakes that the Artistic Performance is a result of their individual work and contains no elements infringing the provisions of law or third party rights. The Organizer reserves the right to reject works made in violation of the provisions hereof and not to award a prize to a person who violated these Regulations.
1. The Contest commences on 8 May 2017 at the moment of publishing these regulations at the Organizer’s website and a backing track of a song entitled „Queen of Hearts” on 2TRACK portal under the following address www.2track.pro/contests/8.
2. The contest works may be submitted to the Organizer until 11 June 2017, 23:59 hours, by posting them on 2TRACK portal, in CONTESTS tab under the following address www.2track.pro.
3. The Contest results shall be published at www.2track.pro on 26 June 2017.
V. Contest settlement.
The Contest Jury is composed of the representatives of the Organizer and the artists: Andrzej Smolik and Kev Fox.
While selecting winners of the Contest, the Jury takes into consideration artistic values of the contest performance complying with the technological criteria set forth in section III.6 of the Regulations.
The Jury selects the Contest winners and awards prizes referred to in section VI.
The Jury has the right not to award a prize in a given category, and not to award any prize and to annul the Contest.
The resolutions of the Contest Jury are final and are not subject to any appeals.
VI. Prizes 1. 1st prize - 450 euro, a live performance of a vocal together with the
artists Andrzej Smolik and Kev Fox during a concert chosen by Andrzej Smolik and Kev Fox and a half-year subscription of Tidal; total value of the prize is PLN 2,134.44, (according to the exchange rate of 1.05.2017), including an income tax advance payment in the amount of PLN 213 (according to the exchange rate on the effective date hereof).
2nd prize - Sontronics STC-20 Pack microphone (prize value is PLN 750 including VAT) 3rd prize – a half-year subscription of Tidal, total prize value is PLN 239.94.
2. The Organizer collects an advance payment with respect to the tax due on prizes calculated in accordance with Article 30 par. 1 subpar. 2 of the Personal Income Tax Act of 26 July 1991 (consolidated text Journal of Laws 2012, item 361 as amended), should law provisions impose an obligation. The value of the income tax advance payment is calculated according to the exchange rate applicable on the date of prize hand-over.
1. A Participant – 1st prize winner shall receive an agreement transferring full rights to the Artistic Performances of the contest work to the Organizer in exchange for the amount constituting an equivalent of Euro 50 by electronic mail within 21 days following announcement of the Contest results and is obliged to send two copies thereof signed by the Participant until 31 July 2017 to the following address: 2Track, 03-984 Warszawa, ul. Kwiatkowskiego 1 lok. 33 with a note: Contest. Should the Participant – 1st prize Winner fail to send the signed agreement within the aforementioned time limit, the Participant loses the right to the prize. In such a case, the Contest Jury may decide not to award the first prize or to award it to another Participant.
2. In-kind prizes shall be posted to the Participants – Winners by mail to the addresses provided by the Participants. Should the Participant fail to provide an address within 7 days following the announcement of
winners, the Participant may lose the right to the prize.
3. In-kind prizes may not be exchanged to cash or to any other form of compensation at the request of the Participant. The Organizer incurs no costs of the participation of the Participant – Winner of the 1st prize in the concert referred to in section VI.1 hereof.
4. The prize is awarded only to the Participants – Winners and may not be transferred to any third parties.
5. Surnames of the Participants - Winners with submission of an awarded prize shall be announced the latest on 26 June 2017 at www. 2track.pro.
VII. Copyrights to Artistic Performances
A Participant of the Contest has the right to post a contest work within the framework of the Contest to which a Participant has exclusive and unlimited rights to artistic performances.
Effective as of the participation in the Contest, the Participant grants to the Organizer rights to use and dispose of the Artistic Performances on the following fields of exploitation and in the following manner: making publicly available in such a manner that anyone may access it in a place and time chosen (among others, making available on the Internet and within the framework of other data transfer techniques using telecommunication, IT and wireless networks, e.g. within the framework of chargeable or free of charge services, in particular video on demand, pay-per-view, available in downloading, streaming, IPTV, ADSL, DSL and any other), and also within the framework of any telecommunication services with the use of any systems and devices (among others, landline and/or mobile telephones, desktop and laptop computers and transfers with the use of any available technologies, such as e.g. GSM, UMTS etc., by means of data transfer telecommunication networks).
c. d. e.
Participant-Winner of the 1st Prize is obliged to transfer to the Organizer exclusive rights to use and dispose of the Artistic Performances on the following fields of exploitation and in the following manner:
recording and reproducing by any technique (in any system, format and on any carrier),
implementation to the computer memory, computer network and/ or multimedia network, data bases,
displaying, public presentation and public performances;
marketing in the country and abroad;
analogue and digital broadcasting and re-emitting of vision and/or sound (coded or non-coded, chargeable or free of charge, in any system, format or technology), wired or wireless through earth station or a satellite, by means of digital platforms, cable networks, tele-communication connections, mobile television, IPTV, DSL, ADSL, any computer networks (including the
marketing by means of the Internet and other data transfer techniques using telecommunication networks, IT and wireless networks;
making publicly available in such a manner that anyone may access it in a place and time chosen (among others, making available on the Internet and within the framework of other data transfer techniques using telecommunication, IT and wireless networks, e.g. within the framework of chargeable or free of charge services, in particular video on demand, pay-per-view, available in downloading, streaming, IPTV, ADSL, DSL and any other), and also within the framework of any telecommunication services with the use of any systems and devices (among others, landline and/or mobile telephones, desktop and laptop computers and transfers with the use of any available technologies, such as e.g. GSM, UMTS etc., by means of data transfer telecommunication networks),
lending, lending for use or rent the carriers where the clip has been recorded,
synchronization with audiovisual and multimedia works,
performance of the related rights.
The Organizers have the right to transfer any rights acquired pursuant hereto to individuals or corporate entities in the country and abroad.
The rights referred to above are owned by the Organizers from the moment of posting the Artistic Performance to the Organizers in accordance with these Regulations, without any time and territorial limits (worldwide), throughout the entire statutory protection period of these rights. In particular, the Organizer has the right to make the Artistic Performance available at 2Track, with no time limits.
Granting of rights in accordance with the provisions hereof on all fields of exploitation is for indefinite period of time and unlimited with respect to a territory.
The Participant expresses consent to publish and distribute their personal details: name, surname, any pseudonym, and expresses consent for making the Artistic Performance publicly available anonymously (if customary accepted) for purposes related to the operations of the Organizer.
In the event of any claims of third parties against the Organizer based on any rights to the Artistic Performance sent by the Participant, as well as with respect to an infringement of personal rights of third parties, the Participant is obliged to undertake any possible legal and actual actions aiming at protection of the Organizer against such claims, in particular the Participant is obliged to enter into rights and obligations of the Organizer in pending proceedings, and if impossible, enter the proceedings pending against the Organizer. Moreover, the Participant is obliged to redress any damage related to the costs and expenses
incurred by the Organizer with respect to the claims referred to in a preceding sentence.
9. Due to a fact that the work to which the Participant creates the Artistic Performance is subject to a legal protection stipulated in the Copyright and Neighbouring Rights Act, the Participant has no right to any exploitation of the Artistic Performance without the consent of entitled entities.
VIII. Claim handling procedure
1. Claims with respect to the course of the Contest may be submitted in writing to the following address: 2Track, 03-984 Warszawa, ul. Kwiatkowskiego 1 lok. 33 with a note: Contest, until 11 June 2017. The date of receiving the claim at the address indicated herein decides on meeting the time limit for submitting claims.
2. A written claim should include a name, surname and address of the Participant, as well a precise description of the claim and reasons thereof.
3. The claim is handled by the Organizer within 14 days following the date of submission to the address referred to in clause 1. The Participant shall be informed on handling the claim by a registered letter posted to the correspondence address indicated in the claim.
4. The Participants’ claims shall be handled pursuant to the Regulations by the Organizer.
IX Limitation of claims
1. The Organizer is not held liable for:
a. any possible technical problems related to the operations of the Internet providers,
b. infringement of copyrights, personal rights and any other rights of third parties by the Participants.
X Final provisions 1. A person taking part in the Contest accepts the terms and conditions
hereof. 2. The Contest is held on the territory of the Republic of Poland and
3. The Organizer supervises the Contest.
4. Both the Participants of the Contest as well of the Organizer shall aim at amicable settlement of any disputes which may arise out of the Regulations.
The Contest Regulations are effective as of 8 May 2017.