These rules and regulations (hereinafter the “Rules”) are applicable to the events organised by FKP Scorpio Poland Spółka z ograniczonąodpowiedzialnością, 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 “Organiser”, with the provision of section. 2 below.
These rules are applicable to each event organised by the Organiser (hereinafter the “Event”) and they are part of an agreement entered into by the Organiser and the participant of the Event (hereinafter: the “Participant”), unless the Organiser sets out particular rules and regulations of a given Event (hereinafter: the “Particular Rules”), in particular in case of an Event having a status of a mass event within a meaning of the act dated 20 March 2009 on the safety of mass events (Journal of Laws 2009.62.504 as amended). If the Organiser sets out the Particular Rules for a given event, these Rules are applicable to such Event only within the scope not covered by the Particular Rules, unless the Particular Rules exclude directly the application of these Rules in part or in total.
These Rules set out in particular rights and obligations of the Organiser in connection with carrying out the Event, as well as rights and obligations of the Participants in connection with the participation in the Event. Taking part in the Event by the Participant shall be deemed as the acceptance of the herein Rules.
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 Organiser to ensure order and safety during the Event.
§ 2 RIGHT TO PARTICIPATE IN THE EVENT
The right of the Participant to enter the area of the Event is resulting from the original entry ticket held by the Participant, issued by the Organiser or by a distributor authorised by the Organiser (hereinafter: the “Ticket”), on terms and conditions set out in these Rules. The Organizer hereby represents that one Participant is entitled to purchase not more than 10 (ten) Tickets to one Event. The Particular Rules or other rules applicable to the given Event (e.g. sales rules applicable at a third party responsible for the sale and distribution of entry tickets to a given Event) may introduce additional or other entry rules applicable to a given Event, in particular a registration requirement or different limits applying to the Ticket purchase.
Each Participant is under obligation to familiarise themselves in advance with the Rules and the Particular Rules for a given Event, if it was announced, and they are under obligation to comply with it. Each Participant further undertakes to comply with other rules and regulations, applicable to a given event, in particular rules and regulations of the facility that the Event takes place in and sales regulations applicable at a third party, responsible for the sale and distribution of entry tickets for a given Event.
In the event that the Organiser 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 Organiser shall be authorised 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).
The area of the Event may be entered by a person having a Ticket and a document confirming this person’s identity. In the event of purchasing a Ticket in the electronic form, the Participant must print out a file containing such Ticket sent to that person and to demonstrate the print-out at the entry.
As a document confirming identity it ought to be understood: a personal identification card, a temporary identification certificate, a passport, a driving licence, 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.
The Ticket authorises solely one person to an entry and a presence in the area of an Event, subject to section 14 below. It is prohibited to pass the Ticket to other persons.
All Participants remaining in the area of the Event must have and show, upon each request of the Organiser, a part of the Ticket which shall remain in the Participant’s possession during an entry to the Event. In case of a loss or a damage to the Ticket or in case of a necessity to leave the area of the Event, the Participant must immediately notify the Organiser. In the events described in the preceding sentence, the Particular Rules applicable to a given Event may implement detailed procedures.
If the Organiser finds that a given Participant, present in the area of the Event, does not have the Ticket or if the Ticket is damaged, the Organiser shall be authorised 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.
Tickets to a given Event may be divided into categories, authorising to a one-time or multiple entry to the area of the Event (e.g. passes) or authorising to an entry to specific areas of the Event (e.g. the pitch, stands, VIP zone). Personal Tickets may be sold also as part of a given Event.
Tickets’ sale to a given Event may be carried out:
On the website dedicated to a given Event, on the Organiser’s website or on a website of third parties (e.g. on www.eventim.pl) as electronic tickets, or
In authorised sales points.
Tickets shall be sold at a price indicated on a Ticket. The Organiser 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.”
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 Organiser’s prior consent.
The children below the age of 5 may not attend the Event. The Participant at the age between 5 and 15 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 their legal guardian having 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 leave such statement with the Organiser.
The Participant at the age between 15 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 giving to the Organiser a statement 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.
As part of a given Event there may be 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 does not need to have his / her own Ticket admitting to the Event and the Ticket owned by a disabled person on wheelchair authorises the guardian to enter the area of the Event and to accompany a disabled person. Each disabled person described above may be accompanied by one guardian.
For the avoidance of doubt the Organizer states that the guardian of a disabled person indicated in section 14 above is also the Participant and is subject to the rules and conditions of participation in the Event specified in the herein Rules.
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.
The Organiser reminds and requests to choose and purchase the Ticket with caution, because the purchased Ticket can neither be returned nor exchanged.
§ 3 SAFETY RULES
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.
It is prohibited to bring in to the area of the Event or to possess during the Event the following objects:
a camera or any other audio-video recording equipment or a photo camera with an interchangeable lens, save for amateur compact and digital photo cameras with a matrix up to 7 MPix and cameras installed in cellular phones, regardless of their matrix;
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;
any sharp, heavy or hard, glass, metal or any other objects that may cause, in the assessment of the Organiser 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;
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 Organiser 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 Organiser or his representatives;
a folding chair or a camp chair;
food and beverages purchased outside the area of the Event;
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 Organiser shall be authorised to remove such Participant from the area of the Event.
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 Organiser.
Due to COVID-19 outbreak, the Organiser 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 rules of epidemic safety in this area are set out in the Attachment no. 1 to the Rules, which constitutes an integral part of the Rules. During the Event or in connection with the organisation 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. in particular in the Particular Rules, on the Organiser’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).
In order to ensure safety of the Event throughout its duration, the Organiser shall appoint a security service or his representatives appointed for the purpose of ongoing coordination and supervision of the course of the Event.
The Organiser 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 in the Attachment no. 1 to the Rules.
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 Organiser makes a reservation that, due to COVID-19 outbreak, 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.
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.
In case of noticing any threat to persons or property, the Participant of the Event ought to:
immediately notify the security service or the Organiser’s representatives;
strictly comply with the requests of the security service representatives or the Organiser’s representatives;
direct themselves to the evacuation exits through marked evacuation routes;
avoid instigating panic;
not obstruct the access to the rescue services in any way.
§ 4 WARNINGS OF DANGER
The Organiser 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 Organiser hereby informs, that a high level of propagation (diffusion) of sound waves occurs during the show, and children up to the age of 1 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 Organiser recommends to the Participants of the Event using dedicated protective hearing equipment.
The Organiser hereby informs that despite the implementation by the Organiser 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.
The Organiser hereby informs that he 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.
The Organiser 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.
§ 5 OTHER RESTRICTIONS
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 Organiser’s prior written consent.
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.
§ 6 COMPLAINTS
Complaints related with the Event may be filed by registered mail at the Organiser’s address indicated in § 1 section 1 of the Rules or sent by e-mail to: [email@example.com] 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.
A person filing a complaint must give: name and surname, cause of the complaint, correspondence address and e-mail address.
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 Organiser may send the reply by registered mail or by e-mail (if a person filing the complaint has indicated their e-mail address).
§ 7 FINAL PROVISIONS
If the Organiser detects a breach of the provisions of the Rules by the Participant, including rules and conditions for participating in the Event, the Organiser shall be authorised 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.
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.
The Organiser 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, unfavourable weather conditions making it impossible to carry out the entire Event or a part thereof, disease, indisposition or any other cause, without the Organiser’s fault, making a performance of a given 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 organisation 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 Organiser or from the rules and regulations (e.g. sales rules applicable at a third party, liable for selling and distributing tickets to a given Event).
The Organiser is authorised to record the course of the Event, in particular the behaviour 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 Organiser to the district public prosecutor, having jurisdiction over the place in which the Event was organised 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.
Regardless of the provisions of section 4 hereof, the Organiser may also record the course of the Event for documentation purposes or for advertising or promotional purposes of the Organiser or the Event’s sponsors and partners. The Organiser 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 neighbouring right, particularly through its fixation, copying, distribution and dissemination.
Titles of each clause hereof are of informative nature and they are not a part of these Rules.
The Rules are accessible in the Organiser’s office, in the area of the Event and on the website www.fkpscorpio.pl, and, at a request made to the Organiser at the following address: firstname.lastname@example.org, it shall be sent by e-mail.
These Rules are effective as of the date of being announced.
In all matters related with the Event, not referred to herein, provisions of Polish law are applicable.