Terms & Conditions


 

 

"Festiwal Supportów" Project Regulations

05.05.2017 - 2.09.2017

 

§ 1.

Definitions

1.     The Organizer: The organizer of the Festiwal Supportów project is Especto Dariusz Szewczyk with its seat in KRAKOW - ul. Stelmachów 127i, the identification number NIP 7342626278, REGON 120395899 and Polish Cableways Railway S.A., with its seat in Zakopane, ul. Krupówki 48, signed in the RegionalCourt for Cracow - Śródmieście, XII - KRS, to the register of entrepreneurs under KRS number 0000429345, with the share capital of PLN 172,700,000 paid in full, NIP 736-17-16- 338, REGON 122633430 .

2.     The Project: Festiwal Supportów taking place on 05.05.2017 - 02.09.2017, consisting of From the Submission phase, Festiwal Supportów Elimination, Workshops in the Muzyczna Owczarnia Club, 6 final concerts in Gubałówka and the Final of the Festiwal Supportów.

3.     The Music Band: from the Baltic Sea Union of the European Union, who presented its interest in participation in the Festiwal Supportów by the Application Form and will be qualified to participate in it.

4.     The Qualification Committee: composed out of the Organizers of the Festiwal Supportów. The task of the committee is to qualify 10 Music Bands to take part in the next stages of the Festiwal Supportów. The purpose of the Qualification Committee is to qualify 10 music bands, which will take part in following phases of the Festiwal Supportów.

5.     The Jury: composed out of 4 permanent members.

6.     The Agreement: will be concluded after qualification of The Music Band to the Festiwal Supportów Elimination

 

§ 2.

Place, time and structure of the concert

1.       Submissions for the first edition of the Festival will be accepted between 05.05 and 15.05.2017 by the means of the Application Form available on the website www.festiwalsupportow.pl.

2.       The announcement of 10 qualified Music Bands will be published on www.festiwalsupportow.pl on 17.05.2017.

3.       Festiwal Supportów Elimination will be held on 26 and 27.05 in Forty Kleparz Club in Cracow.

4.       Workshops in the "Muzyczna Owczarnia" Club - Jaworki near Szczawnica will be held between 25.06 and 02.07.2017.

5.       The Festiwal Supportów and the final of the Festiwal Supportów.will be held on 22.07.2017 - 2.09.2017 in Zakopane.

 

 

§ 3.

The Applications

1.       Application to the Project can be submitted by the Music Band from Poland and the Baltic countries of the European Union (Germany, Lithuania, Latvia, Estonia, Finland, Sweden, Denmark) which performs live verbal and music work with at least 40 minutes of live concert repertoire.

2.       The application is submitted by sending the completed Application Form within the specified time

in which the artist shall include:

a.     one link to the Music Band’s own studio recording,

b.     one link to the Music Band’s own live song,

c.      two photos of the Music Band,

d.     the address of your website or fanpage on the social networking site,

e.     a brief description of the history and achievements of the Music Band.

3.       One Application Form can only be submitted by one Music Band.

4.       The Application Form must be sent by the May 15th, 2017 inclusive.

5.       The Qualification Committee Committee shall select, after the hearings, until the 17the May.2017 10 Music Bands who will appear in front of the jury in Forty Kleparz Club in Cracow.

6.       Decisions of The Qualification Committee Commission are final and shall not be appealed against.

7.       The Decision will be delivered to the Music Band with a sufficient time reserve vie phone or email to the email addresses or phone numbers submitted in the Application Form.

 

§ 4.

The Eliminations of the Festiwal Supportów

1.       10 chosen Finalists of the Elimination of the Festiwal Supportów shall perform in front of the jury during the two concert days, the first of which will take place on 26.05.17 and the second on 27.05.17.

2.       5 qualified Music Bands will perform during each of the two Elimination days.

3.       Each Finalist will present up to 20 min. own material

4.       During the two days of the Elimination of the Festiwal Supportów, the Jury of the Festival will select 6 Music Bands that will participate in the workshops at the Muzyczna Owczarnia Club.

5.       The order of appearances in The Elimination Phase is decided by the Organizer.

6.       The Decisions of the Jury are final and not subject to appeal. Participants are not entitles to any form of appeal against The Decisions of the Jury.

 

§ 5.

Workshops in Muzyczna Owczarnia

1.       In case of qualification to the Festiwal Supportów Elimination (in accordance to the rules of the Terms and Conditions thereof), the Music Band is obliged to take part in the Music Workshops in Muzyczna Owczarnia Club, which will take place on the days: 25.06 - 02.07.2017 in Jaworki near Szczawnica.

2.       The Organizer pays the Music Band for the accommodation, meals, classes and provides an infrastructure for the classes.

3.       Music Bands participating in the workshops will be working on their own material and one song chosen by the Music Band from the repertoire of one of the artists from the Małopolska region. The Organizer reserves the right to intervene into the selection process the selected by the Music Band works..

4.       In case of the absence of any member of the Music Band for 2 of the 5 days of the Workshop or at the final concert of 1.07.2017, the Organizer has the right to disqualify the Music Band from further participation in the Festival by suggesting another Music Band selected in the Festiwal Supportów Elimination.

 

§ 6.

Festiwal Supportów and the final of the Festiwal Supportów in Gubałówka

1.       The Final Concerts will be held in Zakopane between 22.07.2017 - 02.09.2017 (Saturdays), will be performed free of charge by the Music Band between the stars of the festival "Hej Fest", in order: Star -> Support -> Star.

2.       The exact allocation of the date of performance for individual Music Band is decided by the Organizer on the basis of musical stylistics of the given Music Band.

3.       During live concerts The Music Bands are obliged to perform verbal and musical works within the meaning of the Copyright Act and Related Rights Act of February 4, 1994 (Journal of Laws No. 24, p. 83) with a total duration from 30 to 40 minutes.

4.       The Music Bands shall perform live songs. It is not allowed to perform the concert with a playback or semi-playbacks.

5.       The Music Bands are obliged to respect the Organizer's arrangements, punctual appearance on time, compliance with a time discipline, and adaptation to the technical conditions provided by the Organizer on the day of the concerts.

 

§ 7.

Voting Procedure

1.       Voting Procedure during the Festiwal Supportów Elimination at Forty Kleparz Club - 26 and 27.05.2017

a)        Each Music Band after their live performance can receive a maximum of 100 points.

b)      The Commission, during the entire Festiwal Supportów, has 60 votes (15 votes for each of 4 members) per one Music Band, and the remaining 40 points will remain for the public and will be allocated after the Audience Voting.

c)       The Audience Voting will take place through the Facebook social networking website in which the audience will be able to vote via a dedicated voting application.

d)      6 Music Bands will be chosen during the Voting procedure, and will compete against each other in the final concerts during the Hej Fest on the Gubałówka.

e)      Voting procedure will commence simultaneously with the beginning of the first Music Band’s concert and will be finished after the concert of the Star.

f)        The vote will take place on 26th and 27th May 2017.

g)       On 29th May 2017 the results of Voting Procedure and the Music Bands that will take part in the concerts will be published on the Festiwal Supportów website.

2. Voting Procedure during the Festiwal Supportów

2.1 Audience Voting:

a)       The vote will take place from 22.07.2017 to 30.08.2017.

b)      Audience voting will take place via the Facebook social networking site through which users will be able to vote using a special voting application.

c)       The Music Bands will be presented on the web site www.festiwalsupportow.pl in the alphabetical order.

d)      The votes of the audience will be calculated as a percentage (percentage of votes placed for each of 6 Music Bands to all votes placed). Voting results will be displayed live on the Festiwal Supportów website.

2.2 Voting by the jury

a)       The Jury consisting of a four-member Music Band has a total of 60 points to distribute for each of a Music Band (ie 15 points per Jury member).

b)      Final results of the Jury Voting will be revealed on Thursday 31.08 on the Festiwal Supportów website. Votes will be calculated according to the scheme: Percentage of audience voting + the total of the Jury votes.

3. Voting at the finals of the Festiwal Supportów during the Hej Fest - 02.09.2017

3.1 Voting to the public

a)       Everyone has the opportunity to submit only one vote during final voting procedure.

b)      Voting will be possible from the time of the beginning of the first Music Band’s concert until the ending of the second Music Band’s concert.

c)       Audience Voting will take place via the Facebook social networking site through which users will be able to vote using a dedicated voting application.

d)      the audience's votes will be published after their calculation, after the last final concert of the star.

3.2 Voting by the jury

a)       The jury in a four-member team has a total of 60 points to distribute for each of the Music Band (ie 15 points per Jury member).

4. Results

a)       Votes will be calculated according to the scheme: sum of voting points from the audience multiplied by 0.4 + Jury points.

b)      The Results will be announced after the Star's concert on the stage of the Hej Fest.

 

§ 8.

Awards: Sponsorship Contract

1.     In case of choosing a Music Band through the way of the Public Voting and the Jury, the Music Band receives for the:

a.       1st place:  a PLN 40 000 gross Sponsorship Contract

b.       2nd place: Benefits from Festiwal Supportów Sponsors.

2.       Execution and financing of the Sponsorship Contract shall be specified by the Sponsorship Agreement signed with the Music Band during the Festiwal Supportów Elimination phase.

3.       The Music Band, after receiving a Sponsorship Contract through the way of voting under the Terms and Conditions (Annex No. 1), is obliged to sign a Sponsorship Agreement with the organizer, which will specify in detail the plan and form of spending by 30th September 2017.

4.       Execution of the Sponsorship Contract in case of choosing the Music Band will amount to PLN 40 000 gross.

5.       Execution will be based on the invoices issued by the entities which will perform services to the Music Band for the following orders:

a.       Videoclip - limit: 15 000 PLN gross

b.       Production and recording of the album - limit: 30 000 PLN gross

c.       Promotion and PR Team - limit: PLN 10,000 gross

The total amount of expenses from the Sponsorship Contract shall not exceed gross amount of PLN 40 000.

 

§ 9.

Organizational arrangements

1.       Reimbursement of the travel cost for the Music Band is calculated from the city of the Music Band (defined 30 days before the date conclusion of the agreement on the Music Band’s official Facebook social profile) to the place of the concert in Phase II of the project at Gubałówka.

2.       The distance estimation will be made using the google maps, which will calculate the shortest free path both ways in in the amount of 0.8 PLN per 1 km.

3.       Reimbursement of the travel expenses will be documented in the form of an agreement and a financial account.

4.        The Organizer will provide accommodation on the day of the concert in case if the distance between the city of the Music Band will be greater than 200km in a straight line on google maps.

 

§ 10.

Final Provisions

1.       Submission of the Application Form is tantamount to acceptance of these Terms and Conditions..

2.       The Music Band at the Registration Phase entitles for the usage of its image as part of the organizational and promotional activities of the Festiwal Supportów.

3.       The breach or nonperformance of the provisions of these Terms and Conditions results in the exclusion of the Music Band from the Project and generates a legal obligation to reimburse any direct damage caused by the Music Band to the Organizer in connection with the above breach or nonperformance. Music Band Team Members specified in the Application Form will be held responsible for the above jointly and severally accordingly to the Article 369 and 366 of the Civil Code of 23 April 1964.

4.       Failure to meet any of the conditions set out in these Terms and Conditions shall constitute basis for Rejection of the Application Form to the Contest.  

5.       Failure of the Music Band to appear in the next phases of the Festiwal Supportów or the failure to perform the concert shall result in disqualification of the Music Band from participation in the Project.

6.       The qualified Music Band shall deliver the signed framework agreement until May 20th, 2017 for participation in the Festiwal Supportów.

7.       The Organizer may not allow the Music Band to perform a concert or to cease performance of the concert in the event of: leaving any of the members of the on the day of performing the concert under the influence of alcohol or other intoxicating substances. The Organizer also has the right to discontinue the performance of the Concert by the Music Band in the event of improper conduct by the Music Band, such as the use of vulgar language or conduct that would preclude the continuance of the concert.

8.       The Organizer may cancel Concerts at any time or change the time of the performance of the Music Band.

9.       The Organizer shall not be held liable for any damage suffered by the Music Band as a result of the cancellation or change of time of the performance.

10.   The Organizer shall not be held liable for the lack of possibility of the Music Band to perform in case the Project will not take place.

11.   The Organizer shall decide upon the issues not regulated in the Terms and Conditions hereof.

12.   Submission of the Application Form constitutes a declaration of the Music Band, that it is entitled to artistic performances of the verbal and music work attached to the Application Form, and that the artistic performances do not have any legal defects and do not infringe any rights of the third parties.

13.   In the event of infringement of any copyright or related rights, the Participant shall take full responsibility for their infringement.

14.   Each member of the Music Band grants to the Organizer a license for usage of the artistic performance of the vocal and music piece by the Music Band and for enforcement of the rights to the following fields of use:

a)       in the field of recording and reproduction - the production with a specific technique of copies of the artistic performance, including magnetic recording, digital technique and via the Internet,

b)      with respect to trading in the copies on which the performance is fixed - marketing, lending or rental of those copies,

c)       with respect to forms of distribution of a performance other than that referred to in point b) - broadcasting, rebroadcasting and replaying, unless they are ,distributed by the means of already published aricties perfornace, in such a way that each person may access the performance from a place and at a time individually chosen by him.

15.    Each member of the Music Band expressly gives a royal-free permission to record with any technique the concert of the Music Band during the eliminations and the final concert and to use the Music Band’s image recorded in accordance with point 14 in all fields of exploitation specified in the Article 50 of the Act of 4 February 1994 on Copyright and Related Rights, ie 17 May 2006 (Journal of Laws No. 90, p. 631), in particular via the Internet as "live" streaming, retransmission or performance of individual artistic performances of works for the  information, promotion and marketing purposes, especially in the form of the internet teasers.

16.   The Organizer shall be entitled to transfer the consent referred to in point 14 and 15 to the third parties.

17.   The Music Band shall be obliged to jointly and severally reimburse on its own cost all reasonable claims of persons and third parties for breach of the rights of such persons as a result of non-compliance with the actual statements contained in Points 13, 14, 15 above, and in the case of satisfaction of these claims by the Organizer or receiving an order for payment by the Organizer - to make recourse at the request of the Organizer of all the claims covered and all related expenses, including the costs of court proceedings, arbitration proceedings, administrative or settlement proceedings together with representation costs. The Music Band also stipulates to accede at its own expense, at the request of the Organizer or any other competent authority, to any court proceedings or extrajudicial proceedings pending with the Organizer's participation and resulting from the circumstances referred to in the preceding sentences.

18.   The Organizer can at any time terminate the Project, for which the Organizer shall not be held responsible.

19.   For important reasons, the Organizer is entitled to change the Terms and Conditions at any time.

20.   The Organizer shall not be responsible for not receiving or delayed receipt of the Application Form from the Music for reasons independent of him, and in particular due to the server administrator side.

21.   The Organizer shall not be held liable for failure to comply with the provisions of these Terms and Conditions by the Music Bands, in particular if the contents of the Application Form would be unlawful, will violate the rights of third parties, would conflict with good manners or would describe situations or events that may pose a threat to health or life of other people. The Organizer reserves the right to claim redress in respect of any damage sustained by the Organizer as a result and connection with a failure by the given Music Band to meet the requirements specified in the preceding sentence.

22.   The Organizer shall not be responsible for the inability to receive a sponsorship contract for reasons lying on the side of the Music Band.

23.   The Organizer shall not responsible for delays or any obstacles in communication with Music Bands due to reasons independent of him.

24.   Terms and Conditions of this contest are available at the Organizer's seat and on the website http://www.festiwalsupportow.pl/regulamin.

25.   Any disputes concerning this Project shall be attempted to be solved amicably through negotiations or mediations.

26.   The courts competent to settle disputes arising in on the basis of these Terms and Conditions or in relation to the Project shall be the Courts for the city of Cracow.

27. These Terms and Conditions shall come into force from 5th May 2017.