TERMS AND CONDITIONS OF the Ed Sheeran concert
applicable to the Ed Sheeran concert in Warsaw dated on August 2022
§ 1 General provisions
1.These rules and regulations (hereinafter the “Rules”) are applicable to the Ed Sheeran concert held in Warsaw on August 2022 (hereinafter the “Event”), organized by FKP Scorpio Poland Spółka z ograniczoną odpowiedzialnością, ul. Koszykowa 61, 00-667 Warsaw, entered into the register of entrepreneurs by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under the NCR number: 0000788489, with the share capital of: 200.000,00 zlotys, tax identification number (NIP): 7010929037, statistical number (REGON): 383531203, hereinafter referred to as the “Organizer”.
2.These Rules are only applicable to the Event and they are part of an agreement entered into by the Organizer and the participant of the Event (hereinafter: the “Participant”). The Rules and the additional provisions specified in the yellow frame on the Event’s website on the ticket sale platform of Eventim Sp. z o.o. with its registered seat in Warsaw, accessible at www.eventim.pl (hereinafter: the “Eventim”) being an integral part of the herein Rules, are the only document regulating the terms and condition concerning the participation in the Event on the Organizer’s part. In particular, the general rules and regulations for all events set out by the Organizer do not apply to the Event. Please note however, that there may be other regulations applicable in connection with the Event set out by third parties, acting for the benefit or in cooperation with the Organizer, e.g. the terms and condition of an entity leasing the venue or the area in which the Event takes place or the terms and conditions of an entity responsible for the ticket sale to the Event.
3.These Rules set out in particular rights and obligations of the Organizer in connection with carrying out the Event, as well as rights and obligations of the Participants in connection with the participation in the Event. Ticket purchase or taking part in the Event by the Participant shall be deemed, respectively, as the acceptance of the herein Rules.
4.The provisions of the Rules are directed primarily to the Participants, but they are applicable accordingly to all other persons who are not the Participants, but who are present at the Event during its course (e.g. catering staff, media representatives, medical service), provided that this does not apply to persons appointed by the Organizer to ensure order and safety during the Event.
§ 2 Right to participate in the Event
1.The right of the Participant to enter the area of the Event is resulting from the original, digital entry ticket (hereinafter: the “Ticket”) held by the Participant, issued by a distributor authorized by the Organizer, i.e. Eventim, on terms and conditions set out in these Rules and the rules and regulations set out by Eventim. The Organizer hereby represents that one person is entitled to purchase not more than 6 (six) Tickets to one Event.
2.Each Participant is under obligation to familiarize themselves in advance with the herein Rules and they are under obligation to comply with it. Each Participant further undertakes to comply with other rules and regulations, applicable to the Event, in particular rules and regulations of the facility that the Event takes place in and sales regulations applicable at Eventim.
3.In the event that the Organizer undertakes any doubts as to the correctness of the data, actual condition or the accuracy of the statements made by the Participant, connected with the acquisition by the Participant of a right to participate in the Event (e.g. data and statements given as part of the registration), the Organizer shall be authorized to request a submission of additional evidence confirming such data, actual condition or statement, e.g. showing a personal identification card or other type of an ID or making additional statements or statements in a given form (e.g. in writing).
4.The Ticket authorizes solely one person to an entry and a presence in the area of the Event. It is prohibited to pass the Ticket to other persons.
5.Tickets are divided into categories, authorizing to an entry to specific areas of the Event (e.g. the pitch, stands).
6.Tickets’ sale to the Event are carried out on the website of Eventim at www.eventim.pl and through special Eventim mobile application (hereinafter: the “EVENTIM PL app”).
7.Tickets shall be sold at a price indicated on a Ticket. The Organizer informs and reminds that according to art. 133 § 1 of the act of 20 May 1971 – the Code of Petty Offences “Whoever purchases tickets for artistic, entertaining or sports events in order to resale with a profit or whoever sales such tickets with a profit, is subject to punishment in the form of a detention, a limitation of liberty or a fine”. Further according to § 2 of that article: "The attempt, as well as the incitement and assistance are punishable.”
8.Tickets may only be purchased by the consumers as defined by art. 221 of the act of 23 April 1964 - Civil code. Any Tickets purchased by business entities or traders in breach of the terms and conditions of Ticket sale set out by herein Rules and the terms and conditions of Eventim shall be cancelled. By accepting these Rules and the terms and conditions of Eventim, a Ticket purchaser confirms that he/she is a consumer.
9.A purchased Ticket to the Event cannot be used in any advertising or promotional actions (including a prize in a competition or a lottery), nor it can be used for any other commercial or merchandising purposes of third parties, without the Organizer’s prior written consent.
10.The children below the age of 5 may not attend the Event. The Participant at the age between 5 and 16 years participates in the Event on the basis of their own Ticket, although the admission of such person to the area of the Event is under condition of remaining in custody of an adult guardian having an official ID and the Ticket allowing for an entry to the same zone as the minor Participant throughout the entire duration of the Event. The legal guardian must sign a statement (download) on the liability for a minor prior to the entry to the area of the Event and present such statement to the Organizer upon the entry to the Event area.
11.The Participant at the age between 16 and 18 years participates in the Event on the basis of their own Ticket, although the admission of such person to the area of the Event is under condition of presenting the Organizer with a statement (download) containing the legal guardian’s consent to the participation of such person in the Event and the representation on the liability for a minor signed by the legal guardian.
12.As part of the Event there are special categories of Tickets, designated for disabled persons on wheelchairs, admitting to places adequately dedicated and marked within these categories, adjusted to the needs of such persons. In the event that the Participant with the Ticket described above needs an assistance of a guardian, then the guardian of a disabled person has a right to purchase a Ticket of the same category (i.e. a Ticket designated for disabled persons). Each disabled person described above may be accompanied by one guardian.
13.All Participants remaining in the area of the Event must have and present, upon each request of the Organizer, their Ticket and the respective statements specified in sections 10 and 11 above. In case of a loss or a damage to the Ticket or the abovementioned statements or in case of a necessity to leave the area of the Event, the Participant must immediately notify the Organizer.
14.If the Organizer finds that a given Participant, present in the area of the Event, does not have the Ticket or the respective statements specified in sections 10 and 11 or is unable to present them, the Organizer shall be authorized to request that the Participant leave the area of the Event and such Participant shall lose the right to remain in the area of the Event.
15.In case of change of the time or venue of an Event, the Ticket shall remain valid and effective in the new time or a new venue of the Event.
16.The Organizer reminds and requests to choose and purchase the Ticket with caution, because the purchased Ticket can neither be returned nor exchanged, unless the herein Rules or the respective legal provisions in force state otherwise.
§ 3 Special provisions for the digital ticketing procedure, applicable in Ticket sales for the Event
1.All Tickets offered for the Event are digital and personalized, i.e. only the person who is the holder of the right of attendance in accordance with the herein § 3 of the Rules has the right to demand entrance to the Event. Tickets for the Event are sold in a form of EVENTIM.Pass, in accordance with the terms and conditions set out by Eventim. The right to attend the Event with a Ticket shall only exist on the basis of the contract (hereinafter referred to as “Contract”), which the Ticket purchaser has concluded (in the context of his Ticket purchase) with Eventim, or into which he or she has entered under the conditions of section 4-11 below. Proof that the Participant is a contractual partner and has thus also acquired the right to attend the Event shall be provided by presenting the Ticket in the EVENTIM PL app: Ticket holder shows the Ticket attributed to him/her personally (by the possibility of verification of his/her first and last name in the EVENTIM PL app) or scans it into the reader upon entry to the Event, with regards to the provisions of section 4 below. A further prerequisite for attending the Event is that the Ticket holder presents, upon the entry to the Event, the document confirming his/her identity, as well as booking confirmation and other documents required by the herein Rules (e.g. statements specified in § 2 section 10 or 11 of the Rules) or terms and conditions of third parties, applicable to the Event.
2.As a document confirming identity it ought to be understood: a personal identification card, a temporary identification certificate, a passport, a driving license, a school or university ID, a document confirming identity of a foreigner or any other document confirming identity, having a face image and indicating a name and a surname as well as other data identifying a given person.
3.The Organizer reserves the right to refuse admission to the Event, in particular by blocking the Ticket, to Ticket holders who have not acquired or cannot prove that they have the right to attend the Event.
4.In case of purchasing Tickets for more than 1 person, a third party whose name is not attributed to the Ticket and verifiable via the EVENTIM PL app shall only be granted access to the Event if he or she enters the Event at the same time as the Ticket purchaser, whose name is attributed to the digital Ticket and displayed in the Eventim App. Upon entry to the Event, the mobile end device of the Ticket purchaser shall be passed on to any other third party in his/her presence for presenting or scanning the respective authorization code into the reader via the EVENTIM PL app. By presenting/scanning the Ticket at the entrance to the Event, the third party declares that he/she is authorized to attend the Event. In the abovementioned cases, the Ticket purchaser whose name is attributed to the digital Ticket and displayed in the EVENTIM PL app is obliged to enter and participate in the Event along with the other third parties, who presented/scanned the Tickets in his/her presence.
5.The sale of Tickets is exclusively for private, non-commercial use by the Ticket purchaser; any commercial resale of the Tickets by the Ticket purchaser is prohibited. A private transfer of Tickets for non-commercial reasons, in particular in individual cases of illness or other prevention of the Ticket purchaser, is permissible under the conditions specified in the following section 6 below and if there is no case of inadmissible transfer in the sense of the regulation in the following section 7. Further limitations or basis for Ticket resale may be included in the terms and conditions of Eventim.
6.The Ticket purchaser may sell the Ticket to a third party in accordance with the provisions of the herein § 3 of the Rules. The third party purchasing the Ticket is obliged to enter into a Contract with Eventim. This requires the consent of the Organizer, which is hereby granted in advance under the conditions contained in section 7 below. If a Ticket purchaser has permissibly acquired several Tickets (in cases specified in clause 4 above) within the framework of a Contract and sells these Tickets to several third parties, separate Contracts shall be concluded with each of the parties.
7.In order to prevent the resale of Tickets at excessive prices, in particular in the interest of maintaining an appropriate price structure, as well as in order to prevent criminal offences in connection with the attendance to the Event and to enforce house bans, the consent of the Organizer to the Ticket sale pursuant to section 6 above, is granted if the sale is carried out exclusively by the Ticket purchaser who is selling the digital Ticket attributed to him or her and the sale is taking place on the secondary sales platform accessible on www.fansale.pl (hereinafter: “fanSALE”), authorized by the Organizer. In the following cases, the consent of the Organizer to the Ticket sale pursuant to section 6 above is expressly and in advance not granted (which do not exclude granting such prior consent, in writing, in individual cases):
1)in the event of the sale of the Tickets outside the fanSALE platform;
2)in the event of the sale of the Tickets within the framework of auctions not authorized by the Organizer (in particular on the Internet) or via Internet marketplaces/ticket exchanges not authorized by the Organizer itself or through third parties;
3)in the event of a commercial sale of the Tickets;
4)in the event of sale (including transfer free of charge) of the Tickets for the purpose of advertising, marketing, as a bonus, promotional gift, prize or part of an unauthorized hospitality or travel package;
5)in the event of the sale (including the transfer free of charge) of the Tickets without express reference to these Ticket terms and conditions, in particular to the restrictions on transfer set out in these sections 4-11
8.Passing on or reselling Tickets in violation of the cases mentioned in section 7 above is prohibited. The same shall apply to the offering of Tickets if the resale or transfer corresponding to the offer would violate the cases specified in section 7 above.
9.In the event of a breach of the prohibition pursuant to section 7 above, Organizer or Eventim shall be entitled to block the Tickets or the authorization code and to refuse the Ticket holder attendance at the Event based on that Ticket.
10.Without limiting the consumers’ rights to return the Ticket on the basis arising from generally applicable legal provisions in force, the Ticket purchasers have the additional possibility to sell Tickets on fanSALE - a ticket exchange platform - under the conditions listed in rules and regulations of fanSALE. All Tickets resold via fanSALE in accordance with the rules and regulations of this platform shall be considered as valid while entering the Event.
11.The acquisition of Tickets under another person's name, in particular by operators of ticket platforms on the Internet, is prohibited and constitutes a breach of the herein Rules. Further limitations concerning acquisition of Tickets may be regulated in the applicable rules and regulations of third parties (e.g. Eventim).
§ 4 Safety rules
1.As regards the prohibition of bringing in and other restrictions concerning staying in the area of the Event, it is prohibited to bring into the area of the Event as well as to possess the following objects during the Event: weapons, explosives, pyrotechnic articles, fire hazardous materials, alcohol beverages, drugs or psychotropic substances, save for alcohol beverages purchased in the area of the Event.
2.It is prohibited to bring in to the area of the Event or to possess during the Event the following objects:
a)professional cameras (deemed as cameras with removable lenses), video and recording equipment; personal use cameras and smart-phone cameras are allowed;
b)musical instruments or any other objects or equipment that may be used for obscuring the course of the Event or to make impossible or difficult to carry out the Event as set out in the scenario;
c)any sharp, heavy or hard, glass, metal or any other objects that may cause, in the assessment of the Organizer or his representatives, danger to other Participants or to the Participant himself / herself, e.g. umbrellas with sharp ends, binoculars (other than theatrical), as well as shoes, backpacks or clothes having hard or heavy elements, which may cause damage to another Participant’s health at a sudden and unexpected contact;
d)a flag, a banner or a placard without a direct connection with the Event or with the size exceeding 1 m2 (one square meter) or other objects which may make impossible or difficult to fully participate in the Event to the other Participants or cause a threat of a damage to their health, however the Organizer makes a reservation, that all kinds of flags and banners, even the admitted ones, must be rolled (in case of flags and banners) or removed (in case of placards) at each express request of the Organizer or his representatives;
e)bags, purses, sacks, bag packs bigger than A4 size;
f)a folding chair or a camp chair;
g)food and beverages purchased outside the area of the Event;
3.In case of detecting that an animal or an object was brought into the area of the Event regardless of the prohibitions listed in sections 1 – 2 above, the Organizer shall be authorized to remove such Participant from the area of the Event.
4.Each Participant of the Event must behave in a manner that does not pose a threat to the safety of other Participants and other persons remaining in the area of the Event, and in particular to observe the provisions of these Rules and of law, as well as to immediately comply with the requests of the security guards and the representatives of the Organizer. Especially: arbitrary non-observance of (safety) instructions, aggressive behavior, disturbance of the peace, disturbance of public decency as well as a violation of the relevant legal regulations for the protection of minors are forbidden.
5.Due to COVID-19 outbreak, the Organizer reminds and makes a reservation that during the Event, also before entering the area of the Event, there are certain and effective in a given moment restrictions and requirements in place, related with counteracting and fighting COVID-19. In particular the specific rules of epidemic safety in this area may be set out by the Organizer, e.g. on the Organizer’s website or on the website of the Event managed by Eventim. During the Event or in connection with the organization of the Event there may also be limitations and requirements in place to that effect, determined by third parties (e.g. an entity leasing the venue or the area in which the Event takes place) – the Participant of the Event shall be notified of their details adequately in advance (e.g. on the Organizer’s website, when purchasing the Ticket, before entering the area of the Event or during the Event, also by means of respective announcements, including those made in writing or as voice messages). Please also refer to § 5 for more details on special regulations during the COVID-19 epidemic.
6.In order to ensure safety of the Event throughout its duration, the Organizer shall appoint a security service or his representatives appointed for the purpose of ongoing coordination and supervision of the course of the Event.
7.The Organizer may refuse an entry as well as staying in the area of the Event to the persons whose conduct may cause danger to other Participants of the Event or to persons whose appearance or characterization makes a verification of identity impossible, as well as to the persons who do not meet the requirements or obey the rules of epidemic safety set out by the Organizer and the respective third parties.
8.The Event may be cancelled or interrupted at any time if its commencement or continuation may pose danger to the safety of the Participants or third parties. Furthermore, the Organizer makes a reservation that, due to COVID-19 epidemic, there is a risk of delay, change of rules or even cancellation of the Event due to the implementation of certain restrictions by public authorities. Please also refer to § 5 for more details on special regulations during the COVID-19 epidemic.
9.It is prohibited to block exits or evacuation routes, access routes for rescue services or hydrants, as well as other equipment necessary in case of conducting of a rescue operation or firefighting operation during the Event.
10.In case of noticing any threat to persons or property, the Participant of the Event ought to:
a)immediately notify the security service or the Organizer’s representatives;
b)strictly comply with the requests of the security service representatives or the Organizer’s representatives;
c)direct themselves to the evacuation exits through marked evacuation routes;
d)avoid instigating panic;
e)not obstruct the access to the rescue services in any way.
§ 5 Special regulations during the COVID-19 epidemic
1.The following special provisions apply to attendance, access and stay at the Event that must take place under special conditions or requirements imposed by an authority due to the COVID-19 epidemic.
2.The Participant acknowledges that during the COVID-19 epidemic, the Event may not be able to take place in the usual form due to official requirements. This means, in particular, that for these reasons it is possible that the Participant will not be able to attend the Event, or will not be able to attend it as intended.
3.The Organizer is entitled, e.g. in order to comply with distance areas or protection and hygiene requirements, to subsequently convert standing room into seating or to assign the Ticket holder seats of the same category that differ from the seats ordered.
4.In connection with the purchase of Tickets for the Event during the COVID-19 epidemic, it may occur, e.g. in the event of a subsequent reduction in the originally permitted number of participants in the Event because of an increase in the number of infections in connection with the COVID-19 epidemic, that the Participant is actually unable to attend the Event. In the event of overcrowding thus arising, the Participant acknowledges that the Organizer or Eventim is entitled to cancel individual originally allocated Tickets in individual cases. In this case, too, the selection of the Tickets concerned will be made by means of a transparent, non-discriminatory procedure in accordance with predefined specifications. In this case, the Participant will receive a refund of the Ticket price paid – the herein provision does not limit the other rights of Participant arising from the generally applicable legal provisions in force.
5.Admission to the Event may be denied in addition to the reasons stated in section 1 above, if the Participant:
1)violates applicable hygiene and behavioral guidelines set out in connection with the COVID-19 epidemic upon entrance to the Event;
2)is infected with SARS-CoV-2 virus, has knowingly been in contact with a person who has tested positive for SARS-CoV-2 virus or has typical symptoms of an infection with the SARS-CoV-2 virus (typical symptoms are, for example: respiratory symptoms of any severity, fever, impairment of sense of smell and taste);
3)has stayed in a risk area, high-risk area or virus variant area within the last 14 days and this results in official obligations relevant for the Event visit (e.g. quarantine, mandatory testing, etc.).
6.If, for an important reason (such as officially prescribed protective and hygiene measures), certain requirements must be met and/or proof and/or declarations are required for the purchase of a Ticket and/or admission to the Event (e.g. proof of vaccination, convalescence or negative test results, obligation to wear a mask, declarations on health status, stay in risk areas), the Organizer may be entitled, within the limits permitted by data protection law and in accordance with that law, to obtain such proof and/or declarations from each Participant immediately prior to admission to the Event and to check compliance with the specified requirements.
7.In order to trace infection chains as part of measures to combat the COVID-19 epidemic, it may be necessary or allowed (e.g. on the basis of legal obligations or official orders) for the Organizer to record the Participant's contact details and, if necessary, pass them on to the authorities at their request. In particular, in the event of a verifiable infection of a person with the coronavirus during the Event, the Organizer may be obliged to pass on this data and the time of the visit to the competent health authority so that the latter can contact the Participant in order to trace and interrupt chains of infection as quickly as possible. The health authority then may contact the Participant and, if necessary, may request the contact data of the other Participants who were in the Event area together with that Participant.
8.For the purpose described in section 7 above, the Organizer may have the right to process the first name and last name of the Participant, his contact details for secure accessibility (telephone or e-mail), event, seat and number of digital Tickets purchased.
§ 6 Warnings of danger
1.The Organizer hereby informs that the Participant or another person remaining in the area of the Event may be exposed to a permanent stay in the zone of a significant intensity of sounds, that may cause hearing impairment, as well as in the zone of activity of stroboscopes and laser effects, which may cause vision ailments. Pregnant women, children and persons suffering from epilepsy are particularly exposed to the danger. The Organizer hereby informs, that a high level of propagation (diffusion) of sound waves occurs during the show, and children are particularly exposed. In case of any doubts, each Participant and persons referred to above should seek medical advice even before making a decision about staying in the area of the Event. Due to a possibility of temporary, high intensity of acoustic waves during the Event, the Organizer recommends to the Participants of the Event using dedicated protective hearing equipment.
2.The Organizer hereby informs that despite the implementation by the Organizer of all necessary measures for ensuring the epidemic safety of the Participants and the implementation by the Participant of all required measures of epidemic safety do not eliminate in 100% the risk of infection with SARS-CoV-2 virus (COVID-19) or with any other pathogen. Please also refer to § 5 for more details on special regulations during the COVID-19 epidemic.
3.The Organizer hereby informs that it does not provide an insurance (e.g. accidents insurance), the scope of which would cover diseases, accidents, damages or losses, that may arise in connection with the participation in the Event.
4.The Organizer hereby informs that each Participant should insure their own belongings from accidental loss. The Participant should not leave them without supervision during the course of the Event.
§ 7 Other restrictions
1.It is prohibited to conduct any commercial or non-commercial activity (e.g. happenings, collecting signatures) in the area of the Event during its course, without the Organizer’s prior written consent.
2.During the Event it is prohibited to present any slogans or exclamations provoking or inciting to the disturbance of order or safety, that may be the cause of conflict, offensive or demeaning to other persons due to their gender, race, religion, age, beliefs, political views, sexual orientation, belonging to any subculture, sports fandom or for any other reason.
3.The smoking ban must be observed without exception in accordance with the legal provisions in force and the rules and regulations applicable in the Event area.
4.For safety reasons, flashing lights of any kind may only be used during the Event if they do not pose a risk to others.
5.The information, mandatory and prohibition signs as well as the orders made by the control bodies or official supervisory bodies must be followed. In the event of danger, Participants will be prompted to leave the premises of the Event in good time. The relevant instructions of the supervisory and security personnel must be followed immediately. All other (safety) instructions from authorized persons must also be followed unconditionally and immediately, in the event of any other reference from the Event venue.
6.It is also prohibited for the Participants to relieve themselves outside of the toilets or to litter the building by throwing away objects, waste, packaging, empty containers or the like, as well as to stand on the seats in the spectator areas.
7.Furniture, armchairs and benches may not be removed from their locations or placed in traffic routes or in the standing areas. Buildings and facilities that are not intended for general use, in particular facades, fences, walls, enclosures, barriers, lighting systems, camera platforms, trees, masts of all kinds and roofs may not be climbed on or over. Escape stairwells may only be used if an evacuation is requested. Participants are not allowed to bring their own seating or standing.
§ 8 Complaints
1.Complaints related with the Event may be filed by registered mail at the Organizer’s address indicated in § 1 section 1 of the Rules or sent by e-mail to: firstname.lastname@example.org within 14 (fourteen) days from the date of detecting by the person filing the complaint of the basis for that complaint, however no later than within 30 (thirty) days from the date of the end of the Event.
2.A person filing a complaint must give: name and surname, cause of the complaint, correspondence address and e-mail address.
3.A complaint shall be handled and a person filing the complaint shall be informed of the result within 14 (fourteen) days from the date of its filing. The Organizer may send the reply by registered mail or by e-mail (if a person filing the complaint has indicated their e-mail address).
§ 9 Final provisions
1.If the Organizer detects a breach by the Participant of the provisions of the herein Rules or other binding terms and conditions set out in connection with the Event, the Organizer shall be authorized to exclude the Participant from the Event and to order the Participant to leave the area of the Event. In case of the exclusion, the Participant shall not be entitled to any benefits due as part of the participation in the Event. Moreover, the Participant shall not be entitled to any damages or compensations, including monetary damages or compensations.
2.Alcoholic beverages may be sold and consumed during the Event only in places designated for that purpose. Sale and serving may be conducted only by entities having a required permit.
3.The Organizer reserves a right to cancel the Event, to change the rules, date (including the hour), place and a program of the Event, without prior notice, for important reasons. In particular the following shall be construed as important reasons: announcing a national mourning, unfavorable weather conditions making it impossible to carry out the entire Event or a part thereof, disease, indisposition or any other cause, without the Organizer’s fault, making a performance of an artist impossible or instances, where a cancellation or a change are caused by the necessity of ensuring safety for health or life of people or property or to ensure an undisturbed course of the Event, including the instance of implementing by the authorities of certain restrictions concerning the organization of events, which make it impossible to carry out the entire Event or a part thereof. In cases referred to above, the Participants have rights provided for by legal provisions or resulting from the respective, separate statements of the Organizer or from other applicable terms and conditions (e.g. sales terms and conditions set out by Eventim).
4.The Organizer is authorized to record the course of the Event, in particular the behavior of persons participating in the Event, with the use of equipment registering image and sound. Materials collected during the recording of the course of the Event that may serve as an evidence allowing for the initiation of criminal procedure or petty offences procedure or an evidence that may be significant for the procedures that are already in course, shall be promptly passed by the Organizer to the district public prosecutor, having jurisdiction over the place in which the Event was organized or to the county (city, regional) chief of the Police having jurisdiction over the place of the Event, if needed – accompanied by a motion for initiation of the criminal procedure or by a petition for punishment in a petty offences procedure. Materials collected in the course of the Event that do not contain evidence allowing for the initiation of the criminal procedure or petty offences procedure or evidence having significance to the procedures in course, shall be stored for 60 (sixty) days from the end of the Event and then they shall be destroyed under supervision.
5.Regardless of the provisions of section 4 hereof, the Organizer may also record the course of the Event for documentation purposes or for advertising or promotional purposes of the Organizer or the Event’s sponsors and partners. The Organizer or, accordingly, a sponsor or a partner may use such recording or a part thereof, including the recording showing the image of a Participant or of any other person remaining in the area of the Event, without time or territory related limitations, without a necessity to pay a remuneration for using the image, on all fields of use, including the fields of use set out in art. 50 of the Polish act on authors rights and the neighboring right, particularly through its fixation, copying, distribution and dissemination.
6.Professional photography as well as professional film, video and sound recordings for commercial purposes are only permitted with a written authorization of the Organizer. In the event of a violation, the Organizer and its employees are entitled to confiscate recording devices and cameras and to keep them until the end of the Event. The Participant may be charged with storage costs or fees. Films and recording materials of any kind, on which parts of the Event are recorded, can be confiscated and stored by the Organizer. They will be returned to the owner if he or she has agreed to the previous deletion of the recording.
7.The Organizer points out that it is not willing and not obliged to participate in alternative dispute resolution proceedings.
8.In all matters related with the Event, not referred to herein, provisions of Polish law are applicable.
9.Titles of each clause hereof are of informative nature and they are not a part of these Rules.
10.The Rules are accessible in the Organizer’s office, in the area of the Event and on the website www.fkpscorpio.pl, and, at a request made to the Organizer at the following address: email@example.com, it shall be sent by e-mail.
11.These Rules are effective as of the date of being announced.