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29 / 06 / 2020
1 2tracks 2 Tracks
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The Contest Rules and Regulations
”Igor Herbut Rework”
I. General provisions
1. An Organizer of the contest „Igor Herbut Rework” (hereinafter the „Contest”) is 2Track Music S. Mroczek B. Kondracki general partnership, 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 Agora S.A. ul. Czerska 8/10,
00-732 Warszawa; Polish VAT: PL 526-030-56-44, Regional Court for The
Capital City of Warsaw; Registration no.:59944.
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.).
An administrator of personal details collected for the purpose of this Contest is the Organizer. The following personal details, such as name, surname, pseudonym (if used), e-mail address, telephone number, 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 de- tails 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.
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 permis- sion 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 Or- ganizer.
A person taking part in the Contest is hereinafter referred to as the Partici- pant. Employees of the Organizer and Agora S.A. 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 Agora S.A. and closest rela- tives (spouses, ascendants and descendants and siblings) of the aforemen- tioned persons may not take part in the Contest. This provision fails to refer to the artists and producers cooperating with the Organizer and Agora S.A.
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
the instrumental track to the vocals of the recording „Tańczmy”, the Partic- ipant's interference in the vocal part is allowed (hereinafter: Contest Per- formance).
3. Participants undertake to insert the Contest Performance (instrumental track) in mp3 format up to 20 mb to www.2track.pro to the CONTESTS tab - „Igor Herbut Rework”.
4. The Participant shall send an application containing the name and sur- name, a pseudonym if used, address of residence, an electronic mail ad- dress, telephone number, date of birth with a completed declaration of age or consent of legal guardians in case of minors to following e-mail address email@example.com. Declaration of age and legal guardian consent forms are attached as annex no.1 to these contest rules and regulations. Additionally, upon the Organizer’s request, the Participant shall send the Contest Performance in wave format.
5. The Participant’s application without the above details may cause a rejec- tion of the contest work by the Organizer.
6. The Participant may take part in the Contest only once, irrespective of the number of Internet accounts owned.
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 Par- ticipant.
9. Posting an Contest Performance by the Participant on www.2track.pro con- stitutes 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 the 29th of June 2020 at the moment of pub- lishing these rules and regulations on the website of the Organizer and the vocals of the songs referred to in point III.2. hereof on the portal 2TRACK under the following address https://2track.pro/contests/30
2. The contest works may be submitted to the Organizer until the 29th of July 2020, 23:59 hours, by posting them on the portal 2TRACK in the CONTEST tab under the following address www.2track.pro
3. The Contest results shall be published at www.2track.pro on www.2track- .pro on 12th of August 2020 the latest.
V. Contest settlement.
1. The Contest Jury is composed of the representatives of the Organizer and Agora S.A. as the prize founder. The artist Igor Herbut is also part of the Con- test Jury.
While selecting winners of the Contest, the Jury takes into consideration artis- tic 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 ap- peals.
1st prize - Native Instruments Komplete Kontrol M32 of the value of appro- ximately 125,53 EUR, CD Igor Herbut „Chrust” of the value of approximately 6,74 EUR and a half year subscription to TIDAL of the value of approximately 53.88 EUR.
The total value of the prize is: 921,04 PLN – 206,83 EUR (according to the average exchange rate of NBP Table No. 121/A/NBP/2020 of 25th June 2020), including an income tax advance payment in the amount of 92,10 PLN.
2nd prize – a collection of 10 CDs (including Igor Herbut „Chrust”) from Agora S.A. catalogue of the value of approximately 67,37 EUR, a half year subscription to TIDAL of the value of approximately 53.88 EUR.
The total value of the prize is: 599,93 PLN – 134,72 EUR (according to the average exchange rate of NBP Table No. 121/A/NBP/2020 of 25th June 2020) including an income tax advance payment in the amount of 59,99 PLN.
3rd prize - CD Igor Herbut „Chrust” of the value of approximately 6,74 EUR, a half year subscription to TIDAL of the value of approximately 53,88 EUR.
The total amount of the prize is 299,93 PLN – 67,35 EUR (according to the average exchange rate of NBP Table No. 122/A/NBP/2020 of 25th June 2020) including an income tax advance payment in the amount of 29,99 PLN.
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 advance payment shall be calculated according to the rate applicable as at the date of the prize release.
Participants – winners of the contest shall receive an agreement transferring full rights (copyrights and related rights) to the contest performance to Orga- nizer via electronic mail within 7 days following the date of the Contest results announcement and is obliged to send two signed copies thereof until 26th of August 2020 to the following address: 2Track Music S. Mroczek B. Kondracki general partnership, with registered office in Warsaw (03-984), ul. Kwiatkowskiego 1 lok. 33, with a note: Contest. In the case of a failure to
send a signed copy of the agreement by the Participant-Winner within the aforementioned time limit, the Participant-Winner loses the right to the prize. In such a case, the Contest jury may decide not to award a prize in a given category or to award it to another Participant.
In-kind prizes shall be posted to the Participants – Winners by mail to the ad- dresses 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.
In-kind prizes may not be exchanged to cash or to any other form of compen- sation at the request of the Participant.
The prize is awarded only to the Participants – Winners and may not be trans- ferred to any third parties.
Surnames of the Participants - Winners with submission of an awarded prize shall be announced until the 12th of August 2020 on www.2track.pro.
Competition entries may be placed on the market by Agora S.A. in a digital and / or physical form based on relevant agreements concluded in accordance with the provisions of point VII below (the Organizer does not guarantee pub- lication).
VII. Right to contest performances
A Participant of the Contest has the right to post Contest Performances within the framework of the Contest to which a Participant has exclusive and unlim- ited rights, in particular the rights to artistic performances and the rights of phonogram producer.
Effective as of the participation in the Contest, the Participant transfers to the Organizer exclusive rights to use and dispose of the Artistic Performances with extent to all rights attributable to the Participant (in particular, but not limited to, with extent to the rights to artistic performances and the rights of the phonogram producer), along with the right to grant further consent to Agora S.A. on the following fields of exploitation and in the following manner:
- making publicly available in such a manner that anyone may access the Contest Performance 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).
The Participants-Winners of the first, second and third prize are obliged to transfer to Organizer exclusive rights to use and dispose of Contest Perfor- mances with extent to all rights attributable to the Participant (in particular, but not limited to proprietary copyrights, with extent to the rights to artistic performances and the rights of the phonogram producer) on the following fields of exploitation and in the following manner, in particular through:
a. recording and reproducing by any technique (in any system, format
and on any carrier),
implementing to the computer’s memory, to computer network and/or multimedia network, to data bases,
displaying and public performances;
marketing, sales in the country and abroad;
analogue and digital broadcasting and reemitting of vision and/or sound (coded or decoded, against payment or free of chargé, in any system, format or technology), wired and wireless through a ground station or a satellite, among other by means of digital platforms, cable networks, telecommunication connections, mobile television, IPTV, DSL, ADSL, any computer networks (including the Internet) etc.,
marketing by means of the Internet and other data transmission tech- niques using telecommunication networks, IT networks and wireless networks;
making publicly available in such a manner that anyone may access the Contest Performance in a place and time chosen (among others, mak- ing 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 frame- work 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),
renting, letting for use or leasing the carriers on which the Contest Per- formances are recorded,
synchronizing with audio-visual and multimedia works,
performing related rights.
The Organizer have the right to transfer any rights acquired pursuant hereto to individuals or corporate entities in the country and abroad. The Organizer undertakes to transfer these rights to Agora S.A. immediately after the pur- chase from the Participant-winner, so that Agora S.A. can publish the winning Contest Performance.
The rights referred to above are owned by Organizer from the moment of posting the Artistic Performance to the Organizer in accordance with these Regulations, without any time and territorial limits (worldwide), throughout the entire statutory protection period of these rights.
The Organizer has a right to publish all Participants’ Artistic Performances on www.2track.pro, without any time or territorial limitations (worldwide).
The Participant expresses consent to publish and distribute their personal de- tails: name, surname, any pseudonym, and expresses consent for making the Contest Performance publicly available anonymously (if customary accepted) for purposes related to the operations of the Organizer and Agora S.A.
In the event of any claims of third parties against the Organizer or Agora S.A. based on any rights to the Contest 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 aim- ing at protection of the Organizer or Agora S.A. against such claims, in partic- ular the Participant is obliged to enter into rights and obligations of the Orga- nizer or Agora S.A. in pending proceedings, and if impossible, enter the pro- ceedings pending against the Organizer or Agora S.A. Moreover, the Partici- pant is obliged to redress any damage related to the costs and expenses in- curred by the Organizer or Agora S.A. 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 Contest Per- formance is subject to a legal protection stipulated in the Copyright and Neighbouring Rights Act, the Participant does not have the right for exploita- tion of the Artistic Performance, as well as tracks delivered by the Organizer for the purpose of creation of the Artistic Performance of which only Agora S.A. is the owner without the consent of the lawful parties, including the Or- ganizer and Agora S.A., unless the Organizer has a different proposition.
10.At the moment of placing the Competition Work on the 2Track platform, the Participant loses the possibility of its removal. All Competition entries will be archived by the Organizer and Agora S.A.
VIII.Claim handling procedure
Claims with respect to the course of the Contest may be submitted in writing to the following address of 2Track, 03-984 Warszawa, ul. Kwiatkowskiego 1 lok. 33 with a note: Contest, until the 29th of June 2020. The date of receiv- ing the claim at the address indicated herein decides on meeting the time lim- it for submitting claims.
A written claim should include a name, surname and address of the Partici- pant, as well a precise description of the claim and reasons thereof.
The claim is handled by the Organizer within 30 days following the date of submission thereof to the address referred to in clause VIII.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 Organizer.
IX. Limitation of claims
1. The Organizer is not held liable for:
a. any possible technical problems related to the operations of the In- ternet providers,
b. 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 Organizer supervises the Contest.
Both the Participants of the Contest as well of the Organizer shall aim at ami- cable settlement of any disputes which may arise out of the Regulations.
The Contest Regulations are effective as of 29th of June 2020.
Annex no.: 1 to the ”Igor Herbut Rework” contest rules and regulations (please fill the appropriate part)
.................................................. (city, date)
Declaration of age
.................................................. (name and surname)
I declare that I am a person of age and I want to participate in the "Igor Herbut Rework" contest.
.................................................. (legible signature)
Consent of legal guardian
I am the legal guardian of .................................................. (name and sur- name) and I have agreed to her/his participation in „Igor Herbut Rework” conte- st.
.................................................. (legible signature of the legal guardian)