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28 / 05 / 2017
Who You Are Vocal
1 2tracks 2 Tracks
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The Contest Rules and Regulations
„KROKI REWORK CONTEST”
I. General provisions
1. An Organizer of the contest „KROKI REWORK 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 and Kayax.
4. The Organizers represent 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. An administrator of personal details collected for this Contest is 2Track Bogdan Kondracki. 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 2Track Bogdan Kondracki 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 Organizers and entities and employees of the entities providing services of organizing the Contest pursuant to civil law contracts for the benefit of the Organizers, 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 musical part (hereinafter: Artistic Performance) on the basis of a vocal of the song by Kroki entitled „Who You Are”, with an assumption that the vocal of the song remains unchanged.
3. The Participant sends an application containing the name and surname, a pseudonym if used and an electronic mail address together with the Artistic Performance to the following e-mail address firstname.lastname@example.org. Additionally, upon the Organizer’s request, the Participant shall send the following information: address of residence, telephone number, date of birth with a scan of an official document proving the date of birth and consent of legal guardians in the case of minors.
4. The Participant may take part only once in the Contest, irrespective of the number of Internet accounts owned.
5. The Participant’s application without the above details may cause a rejection of the contest work by the Organizer.
6. Participants undertake to insert the Artistic Performance (an instrumental track) in mp3 format max 10 mb to www.2track.pro to the following tab: CONTESTS/KROKI REWORK CONTEST.
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 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 29th of May 2017 at the moment of publishing these regulations at the Organizer’s website www.2track.pro and a vocal of the song by Kroki entitled „Who You Are” on 2Track portal under the following address www. 2track.pro/contests/9.
2. The contest works may be submitted to the Organizer until the 2nd of July 2017, 11:59 pm, by adding them to 2track portal, to CONTESTS/ KROKI REWORK CONTEST tab, under the following address: www.2track.pro/contests/9, following the rules of creating 2tracks at www.2track.pro whereby you add nothing but the instrumental track to the basis of a vocal already existing at the contest website (with an assumption that the vocal of the song remains unchanged).
3. The Contest results shall be published at www.2track.pro on the 9th of July 2017.
V. Contest settlement.
1. The Contest Jury is composed of the representatives of the Organizer and Kroki.
2. 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.
3. The Jury selects the Contest winners and awards prizes referred to in section VI.
4. 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.
5. The resolutions of the Contest Jury are final and are not subject to any appeals.
VI. Prizes 1.The prizes provided by the Organizer shall be as follows:
1st prize – Euro 500, a half year subscription of Tidal, the total amount of the prize is Euro 557,46, including an advance personal income tax payment of Euro 55,74. (according to the currency rates at the date of publishing these regulations)
2nd prize - a vinyl record and a cd „Stairs” by Kroki of the value of 120 PLN (approx. Euro 28,50) and a half year subscription to Tidal; the total amount of the prize is Euro 84.
3rd prize - a half year subscription to Tidal; the total amount of the prize is Euro 55,50.
Participant – 1st prize winner shall receive an agreement transferring the rights to artistic performance of the contest work within 10 days following the date of the Contest results announcement and is obliged to send two copies thereof signed by the Participant until the 31st of July 2017 to the following address: 2Track Bogdan Kondracki, 03-984 Warsaw, Kwiatkowskiego 1 / 33, Poland, 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 the Participant – 2nd prize winner.
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.
3. 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.
4. In-kind prizes may not be exchanged to cash or to any other form of compensation at the request of the Participant.
5. The prize is awarded only to the Participants – Winners and may not be transferred to any third parties.
6. Surnames of the Participants - Winners with submission of an awarded prize shall be announced on the 9th of July 2017 at www. 2track.pro.
1. The Contest Participants represents that they are entitled to the exclusive and unlimited rights to the Artistic Performances within the framework of the Contest.
2. Effective as of the participation in the Contest, the Participant transfers to the Organizer exclusive rights to use and dispose of the Artistic Performances exclusively with extent to the presentation of the Contest results, the activity of the Organizer and the archive purposes, in the following manner: a. 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, and transfers with the use of any available technologies, such as e.g. GSM, UMTS etc., by means of data transfer telecommunication networks). 3. The Organizers have the right to transfer any rights acquired pursuant hereto to individuals or corporate entities in the country and abroad. 4. 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.
5. 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.
6. 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.
7. 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 email@example.com with a note „contest”, until the 2nd of July 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 worldwide.
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.
5. The Contest Regulations are effective as of 29th of May 2017.