The Contest Rules and Regulations
„The Dumplings 2Track Remix Contest”
- General provisions
- The Organizers of the contest named "The Dumplings 2Track Remix Contest” (hereinafter „Contest”) are: 2Track Bogdan Kondracki with registered office in Warsaw (03-984), ul. Kwiatkowskiego 1 lok. 33 and Warner Music Poland sp. z o.o. entered to the register of entrepreneurs of the District Court for the capital city of Warsaw, XIII Registration and Commercial Division, under number KRS 0000025982, share capital of PLN 50.000, NIP: 5221017237, having its registered office in Warsaw (02-823) ul. Osmańska 11 (hereinafter: Organizers).
- The content hereof is available at the following websites of the Organizers: www.2track.pro and http://warnermusic.pl/regulamin-thedumplings
- The prizes are founded by the Organizers and Audiostacja and Tidal music service – in accordance with the provisions VI of the Regulations.
- 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).
- An administrator of personal details collected for this Contest is Warner Music Poland sp. z o.o. Personal details within the scope of: name, surname, pseudonym, e-mail address, telephone number, address of residence are processed by Warner Music Poland sp. z o.o. 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.
- Contest participants
- The Contest is only for persons:
- of full age and with a capacity to perform acts in law,
- 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.
- 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.
- The rules of the Contest
- The rules of the Contest are set forth by these Regulations.
- The Contest consists of creating by a Participant an artistic performance of an instrumental part to the song by The Dumplings (hereinafter: Artistic performance), on the basis of the vocal of the song by The Dumplings entitled “Tide Of Time”, provided that the vocal part of the song “Tide Of Time” remains unchanged.
- A 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 thedumplings@warnermusic.pl and admin@2track.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.
- The Participant may take part in the Contest only once, irrespective of the number of Internet accounts they own.
- The Participant’s application without the above details may cause a rejection of the contest work by the Organizers.
- Participants undertake to send the Artistic performance (an instrumental track) in wave format to the following address: admin@2track.org.
- The Organizers are not held responsible for the contest applications which fail to reach the Organizers due to reasons beyond their control, in particular due to a lack of an access to Internet by the Participant.
- All costs related to the participation in the Contest are incurred by the Participant.
- Posting an Artistic performance by the Participant constitutes an acceptance hereof.
- 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 Organizers reserve 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.
- Dates:
- The Contest commences on 13 September 2016 at the moment of publishing these regulations at the Organizer’s website and the instrumental track of The Dumplings group entitled Tide Of Time at 2Track portal under the following address www.2track.pro, and these regulations at the following web addresses of the Organizers www.2track.pro and http://warnermusic.pl/regulamin-thedumplings.
- The contest works may be submitted to the Organizers until 16 October 2016 24:00, by adding to 2Track portal at The Dumplings 2Track Remix Contest tab under the following address www.2track.pro.
- The Contest results shall be published at www.2track.pro on 18 October 2016.
- Contest settlement
- The Contest Jury is composed of the representatives of the Organizers and The Dumplings group members.
- 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 V.
- 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.
- Prizes
- 1st prize – publishing of the contest work (Artistic performance) in a digital form pursuant to an agreement concluded between the Winner of the first prize and Warner Music Poland sp. z o.o., providing for the transfer of full rights to the artistic performances of the Participant at the amount of gross 500 Euro or its equivalence in Polish zlotys.
- 2nd prize - Control keyboard M-Audio Keystation 49II
- 3rd prize – an annual subscription at Tidal service.
- Should the law provisions impose a tax payment obligation, the Participant – Winner is obliged to pay the tax.
- Participant – 1st prize winner shall receive an agreement transferring the rights to artistic performance of the contest work within 5 days following the date of the Contest results announcement and is obliged to send two copies thereof signed by the Participant until 28 October 2016 to the following address: Warner Music Poland sp. z o.o., ul. Osmańska 11, 02-823 Warszawa, 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 award winner.
- At the request of Warner Music Poland sp. z o.o., each of the winners of the Contest undertakes to conclude, with Warner Music Poland sp. z o.o., an agreement transferring rights to the Artistic performance awarded in the Contest to Warner Music Poland sp. z o.o.
- In-kind prizes shall be posted to the Participants – Winners by mail to the addresses submitted by the Participants. Should the Participant – Winner fail to submit their address within 7 days following the result announcement, the Participant may lose the right to the prize.
- In-kind prizes may not be exchange to cash or to any other form of compensation at the request of the Participant.
- The prize is awarded only to the Participants – Winners and may not be transferred to any third parties.
- Surnames of the Participants – winners with the awarded prize shall be announced on 18 October 2016 at www.2track.pro.
VII Copyrights
- The Contest Participant represents that they are entitled to exclusive and unlimited rights to artistic performances to the Work submitted within the framework of the Contest.
- Effective as of the participation in the Contest, the Participant grants to the Organizers rights to use of the Artistic performances solely for the purpose of presenting the results of the Contest and for archival purposes 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 computers and/or laptops 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 Participant grants to the Organizers the right to dispose of and use the Artistic performance in the manner specified in section VII 1. without any time limits (full period of right protection) in any configurations, worldwide. In particular, the Organizers have the right to make the Artistic performance available at 2Track portal, without any time limits.
4. The Organizers have the right to transfer any rights acquired pursuant hereto to individuals in the country and abroad.
5. 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.
6. The Participant expresses consent to publish and disseminate 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 Organizers.
7. In the event of any claims of third parties against the Organizers based on any rights to the contest work 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 Organizers against such claims, in particular the Participant is obliged to enter into rights and obligations of the Organizers in pending proceedings, and if impossible, enter the proceedings pending against the Organizers. Moreover, the Participant is obliged to redress any damage related to the costs and expenses incurred by the Organizers with respect to the claims referred to in a preceding sentence.
8. 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
- Claims with respect to the course of the Contest may be submitted in writing to the following address admin@2track.org with a note „contest”, until 31 October 2016. The date of receiving the claim at the address indicated herein decides on meeting the time limit for submitting claims.
- A written claim should include a name, surname and address of the Participant, as well a precise description of the claim and reasons thereof.
- The claim is handled by the Organizers 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.
- The Participants’ claims shall be handled pursuant to the Regulations by the Organizers.
IX Limitation of claims
- The Organizers are not held liable for:
- any possible technical problems related to the operations of the Internet providers,
- infringement of copyrights, personal rights and any other rights of third parties by the Participants.
X Final provisions
- A person taking part in the Contest accepts the terms and conditions hereof.
- The Contest is held on the territory of the Republic of Poland and worldwide.
- The Organizers are supervisors of the Contest.
- Both the Participants of the Contest as well of the Organizers shall aim at amicable settlement of any disputes which may arise out of the Regulations.
- The Contest Regulations are effective as of 13th of September 2016.
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