Terms & Conditions Regulations of Photography Contest for Students “Discover Europe” 2021
§ 1 General conditions
- ESN Poland Association is the Organiser of the Contest (hereinafter “Contest” or “Discover Europe”), located in Warsaw, Al. Reymonta Street 12A, 01-842 Warsaw, entered into the register of associations, other social and professional unions, foundations and independent public health care institutions of the National Court Register of the District Court for the capital city of Warsaw, XII Economic Division under no. KRS: 0000246363, REGON: 140421760, NIP: 521-337-63-70 (hereinafter: “Organiser”)
- Foundation for the Development of the Education System - The National Agency of Erasmus+ Programme is the Joint Organiser of the Contest located in Warsaw, Aleje Jerozolimskie 142 A, 02-305 Warsaw, entered into the register of associations, other social and professional unions, foundations and independent public health care institutions of the National Court Register of the District Court for the capital city of Warsaw, XII Economic Division under no. KRS: 010393032, NIP: 526-100-06-45 (hereinafter: “FRSE” or “the Joint Organiser'')
- The Sponsors of prizes in the Contest are:
a. HHD, a limited liability company with registered office in Warsaw, Stanisława Kostki Potockiego Street 24B, 02-958 Warsaw, entered into the Register of Entrepreneurs of the National Court Register of the District Court for the capital city of Warsaw, XVI Commercial Division under no. KRS: 0000180334, with NIP number: 113-00-67-090 and REGON number: 011112360, hereinafter: HHD Sp. z o.o. (Polish limited liability company),
b. FRSE for the specified category no later than the Competition is settled.
- The Terms & Conditions Regulations (hereinafter: Regulations) determines the requirements of the Contest which are to be accepted by the Participant in the moment of joining the Contest.
- The proper supervision and conduct of Discover Europe, including submitting of information on this topic and compliance management lies under the Organiser’s responsibility. For the needs of proper conduct of the Contest, the Organiser can appoint the Coordinators (hereinafter: “the Coordinator” or “the Coordinators'') on the local and national level.
- The main objectives of the Contest include: promoting integration among Polish and foreign students, especially among Erasmus+ Programme participants, European culture, mobility, exposition of students’ creative output in the fields of photography, and imagination crafts development among students.
- The Contest is classified as a Contest in the field of arts, following the Article 21 (1) (68) of the Polish Law of 26 July 1991 on the provisions of the Personal Income Tax Act (Dz.U. z 2020, 1426 position).
§ 2 Requirements of participation
- Only Entrants over the age of 18 with full legal ability are eligible to take part in the Contest who accepted the Regulations and are students in one of the universities participating in Erasmus+ Programme placed in EU or UK (hereinafter: “The Participant”)
- The Participant declares that:
a. is over the age of 18 with full legal ability and joins the Contest voluntarily;
b. acquainted with the contents of the Regulations and fully accepts it;
c. is obliged to follow the terms and conditions of the Regulations;
d. is a student in one of the universities participating in Erasmus+ Programme placed in EU or UK;
e. agrees on data being processed described in § 9;
f. has full rights to the intellectual property and proprietary rights to the submitted works.
- The participation in the Contest is provided by electronic means described in § 4.
- The employees of the Sponsor and their related companies, other employees connected or immediate family members of the Sponsors shall not be eligible to participate. Moreover, the Coordinators and Jury shall not be eligible to participate in Discover Europe.
§ 3 Categories
- Photographic works are the main subject of the Contest, hereinafter: “Works” or “Photographs”, taken in any form in the following categories:
- Discover People - the works represent the diversity of identities and image of citizens of Europe;
- Discover Nature - the works represent the beauty of nature of the European continent and raise the awareness of development oriented towards the environment;
- Discover Architecture - the works represent unique places, buildings, monuments, or interiors.
- The decision on categories’ choice is left to the Participant. The Participant can submit 6 (six) works in total, but the prize shall be given to one category only.
- The Organiser reserves the right to create additional categories through the Contest.
§ 4 Submission of the entries
- The works are to be carried out electronically through the official website of the Contest: www.discovereurope.esn.pl within 1st and 31st of March 2021.
- The Participants register on the website by creating an account. Only the registered Participants are eligible to submit the works.
- The works can be made with cameras and other electronic devices. The submitted works have to fulfill the following requirements:
a. the size of the photographs: 8MB;
b. the colour: RGB or grayscale;
c. the format: JPEG or PNG (with the maximum of the quality).
d. the resolution: 300 dpi.
§ 5 The evaluation of the submitted works
- The submitted works are to be reviewed by the Jury. The Jury is appointed by the Organiser.
- Among the submitted works, the Jury will choose the winners of the I, II and III places in each category. The Jury can appoint 7 additional honorary mentions in each category.
- The Jury will make a decision in the subjective intention among the submitted works, taking into consideration the following requirements:
a. topic relevance of the submitted work;
b. the artistic value of the submitted work;
c. the technical merit of the photographs;
d. a unique approach to the topic.
- The decisions made by the Jury are definitive and legally binding and shall be without appeal.
§ 6 The results of the Contest
- The winners of the I, II and III places and all the authors of honorary mentions are to be invited to the Final Gala where the official results’ announcement is going to take place and awards are to be given.
- The Final Gala is going to be held in Warsaw (hereinafter: “The Final Gala”). The details on the Final Gala are to be shared with the Participants by sending an e-mail message to registered email addresses until 1st May of 2021. Lack of response from the Laureate within the period determined by the Organiser shall be interpreted as abandoning the right to the given prize.
- Furthermore, the information about the winners and the honorary mentions are to be made public through publishing works with names and surnames of the authors on websites and social media channels of the Organiser and the Sponsors.
§ 7 The Prizes
- The prizes awarded in the Competition are:
a. 3 prizes in the form of rental of three apartments in Italy for the winners of first places among each category of the Contest in the total gross value of 9860 PLN. The Sponsor of the prize is HDD sp. z o.o.
b. 3 prizes in the form of tablets in the total gross value of 2000 PLN each. The Sponsor of the value is FRSE.
- The winners are not entitled to exchange the awards for cash and any other form. The Winner may decline the award but in exchange is not entitled to be given cash equivalent or any other form of award.
- The awards are to be given to the Winners during the Final Gala of Discover Europe or by electronic means, depending on the form of the prizes.
- In case of the Winner’s absence or the Gala’s online form, the Organiser shall contact the Winners in order to discuss the way of providing the winners with the prizes.
- The right to the prizes’ property is directly transferred from the Sponsors to the Winners of the Contest.
- The Organiser does not provide the prizes on their behalf but only indirectly on behalf of the prizes financed by the Sponsor.
- If by the means of Polish Law, a tax settlement of the prize is required, the Sponsor is to grant the Winner with the additional prize money that covers the amount of the tax settlement. The amount of the tax settlement (equal to the amount of additional prize money) shall be deducted by the Sponsor and sent to the appropriate Tax Office, thereby the additional prize money is not to be given to the Winner to which the Winner consents.
- The duty of a correct assessment, charge of taxes, and collection of proper declarations from the prizes is the Sponsor’s duty.
- The Winner is obliged to share all the needed data for the implementation of the above-mentioned duties.
§ 8 The Organiser’s scope of the responsibilities
- Neither Organiser nor the Joint Organiser shall not assume any legal liability for the accuracy of the data given by the Participants of the Contest, including the lack of possibility to supply the prizes, for reasons directly attributable to the Participant, particularly when the proper address was not provided, the answer was not delivered in time pinpointed by the Organiser or when the given data is inaccurate or not valid.
- The Organiser reserves the right to exclude Participants from the Contest whose actions are against the law or the Regulations, in particular, it is applicable to the Participants who:
a. publish content being inconsistent with the law or the Regulations (particularly content that is harassing in textual and graphic form);
b. provide incorrect data;
c. interfere with the form of the Contest;
d. create fictional accounts on the website of Discover Europe in order to avoid age verification or submission of a larger amount of works than allowed by the Regulations;
e. are under the age of 18 or do not have a student status in one of the universities located in EU or UK.
- The Participant bears full and exclusive responsibility in case of claims of third parties referring to the usage of the photographs by the Organiser or Joint Organiser.
§ 9 The processing of personal data
- ESN Poland Association is the data Administrator registered on www.discovereurope.esn.pl, located in Warsaw, Al. Reymonta Street 12A, 01-842 Warsaw, entered into the register of associations, other social and professional unions, foundations and independent public health care institutions of the National Court Register of the District Court for the capital city of Warsaw, XII Economic Division under no. KRS: 0000246363, with REGON number: 140421760, with NIP number: 5213376370.
- Providing personal data is voluntary and necessary in case of joining the Contest by the Participant. In case of personal data’s removal, the User is not eligible to participate in the Contest. For the needs of the Contest, the Organiser processes the following personal data: name, surname, e-mail address, residential address, university.
- The personal data of participants are to be processed by the Organiser, the Joint Organiser and the Sponsor for the actions needed in carrying out the Contest, and in particular for the purposes of:
a. communication with Participants;
b. announcement of the results of the Contest;
c. providing the Winners with prizes;
d. promotion of Discover Europe in the future;
e. labelling the published Works with name and surname of the author;
f. the publication of the winning Works, including the name, the surname of the author on websites, social media channels, 2021/2022 academic calendars printed by the Joint Organiser;
g. marketing activities on the base of the consent (if given);
h. archiving any documents linked to the carrying out of the Contest;
i. providing statistics.
- Personal data can be shared with other entities within the framework of the Contest, and in particular with:
a. The Joint Organiser;
b. entities that provide delivery or postal services;
c. supporting entities, including providers of external services that support the activities of the Organiser;
d. The Sponsors.
- The legal basis for processing data is the Article 6 (1) (b) and (f) of the General Data Protection Regulation of 27th April 2016 GDPR
- Any questions and concerns are to be consulted by electronic means to the following email address: email@example.com. These data are used exclusively for the implementation of the Regulations or prior to its approval.
- Processed data are used for the Contest purposes. In other cases, data are to be processed with the prior approval only, defined in the terms of the Regulations. It applies to data being processed for marketing purposes in particular.
- Data are to be processed within the timeframe of the Contest duration, in particular until the end of the Contest.
- In view of the deletion or correction of data the following measures are to be respected:
a. the right to data’s clarification - in case of data being incorrect, irrelevant, incomplete, etc.;
b. the right to be forgotten - the right to request removal of the personal data;
c. the right to restriction of processing;
d. the right to access the data;
e. the right to transfer the data;
f. the right to objection;
g. the right to revoke consent to data being processed.
- In accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, the consent may be withdrawn, which means its cancellation or revocation by sending a message from the concerned address at any time to the address firstname.lastname@example.org. The revoke of the consent has no influence on the liability of processing data that was made on the basis of consent before its revoke. We inform that the entries are not profiled. The data are neither to be shared outside the EOG nor international institutions.
§ 10 Copyrights
- The Participant hereby declares that they have exclusive and unlimited copyright (personal and property) to the Work. The Participant ensures that the Work is not encumbered by any claims and other rights of third parties. The Participant bears full and exclusive responsibility in case of claims of third parties.
- The submission of Works in the Contest is equivocal with granting the consent to the Organiser and the Joint Organiser for the usage of submitted works free of charge for a permanent period of time, on a basis of a non-exclusive licence in printed, audio, video form on the Internet in all the activities of Discover Europe. The Organiser and the joint Organiser reserves the right to publish entries with the credit titles permanently.
a. The Participant declares that they bear the right to the Work mentioned above and is entitled to give the licence as the rightsholder.
b. In case of photographs with persons’ images, the Participant declares that they bear the right to further sublicense of the use of their image and that the Participant ensures to perform any obligations related to the protection of personal data arising from the above-mentioned regulations.
c. The Participant declares that the use of the photographs by the Organiser and the Joint Organiser shall not infringe the rights of third parties.
d. The licence includes also the right to use the photographs in full or as a compilation of selected modules and related rights, in particular the right enabling the necessary modifications in the photographs (selection, retouch, graphic changes).
e. The Participant grants the Organiser and the Joint Organiser with the free of charge, non-exclusive licence to use the photographs submitted in the Contest for their publication in the academic calendars 2021/2022 and academic planners 2021/2022 prepared by the Joint Organiser, publication the information of the results on the website and social media channels, print of the Works and their presentation during the Final Gala and any other publications related to the promotion of Discover Europe, the Organiser or the Joint Organiser.
f. The licence is granted indefinitely. The licence is to be granted starting from the submission of the Work in the Contest.
g. The licence entitles the Organiser and the Joint Organiser to the use of the photographs on the following fields: a) the record and multiplication of the photographs wholly or partially: with the means of any printing and reprographic techniques, magnetic recording or digital technology; b) in terms of copies circulation, selling, lending the original or the copies; c) in terms of distribution in a manner other than that specified in item (b): public performance, exhibition, display, publication on websites, reproducing, broadcasting, rebroadcasting, and communication the photographs to the public.
h. In case of claim or demand made by any third party against the Organiser or the Joint Organiser, therefore copyright infringements to the photographs, in accordance with the licence the Participant is obliged to stand up for in support of the defendant and indemnify the Organiser or the Joint Organiser claims, liabilities, proceedings and expenses incurred by possible proceedings.
- The Organiser, the Joint Organiser and the Sponsors reserve the right to present all or chosen Works within the timeframe of the Contest, including the Final Gala and the possibility to their reproduction, and publication by the means of any technique without a remuneration of authors.
- The Winners shall refrain from using personal copyrights mentioned above, in particular the right to provide a name, surname or a nickname, the right to exhibit the Work or the right to author’s supervision.
§ 11 Claims and reporting of breaches
- Any claims related to the breaches in scope and manner of conducting the Contest shall be reported to the Organiser in Polish or English language to the address: email@example.com or in written form at the address of the Organiser set out in the convening Regulations not later than 14 days after the end of the Contest.
- The claim or report of raised breaches shall contain a name, a surname and full address of the Participant, a preferred way of communication and a detailed description of the situation being the subject of the claim or report.
- The claims and reports will be considered within 21 days following the receipt of the claims by the Organiser.
- The User shall be notified of the Organiser’s decision by electronic means to the address from which the notification of claim was sent or in written form to the given address.
§ 12 Force Majeure
- The Organiser may be released from the liability for non-performance of undue performance under that Regulations as a consequence of circumstances of Force Majeure.
- With Force Majeure the parties mean events arising out of or caused by, directly or indirectly, forces beyond its control that cause failure or delay in performance partially or wholly of the obligations of the Regulations. fires, floods; wars, civil or military disturbances, acts of terrorism, epidemics.
§ 13 The final provisions
- Terms & Conditions Regulation enters in force on the date of publication of this notice.
- Matters not regulated by these Regulations shall be governed by the provisions of the Polish Civil Code and the Act on Copyright and Related Rights.
- Any disputes between the Organiser/Joint Organiser/Sponsor and the Participant or third parties that cannot be settled amicably, will be referred to the competent judicial authority proper for the location of the Organiser’s headquarters and the nature of the claim.
- The Regulations are accessible for Participants on www.discovereurope.esn.pl and in the Organiser’s headquarters.
- The Organiser reserves the right to change the Regulations, cancellation of the Contest partially or wholly without providing reasons.
- In the case of conflicting meanings between language versions, the Polish version prevails.
- If any provision of these Regulations becomes invalid, null and void, ineffective or becomes recognised as such by the competent administrative authority, or the change of the law, or consequences of the Force Majeure (§ 12), the Organiser will, reasonably and in a good faith, choose the most suitable notification manner mentioned above, in such a way as to fulfill its scope and to lead to the fulfillment of the contractual obligations.
Warsaw, 27/02/ 2021
Attachment No. 1 to the Regulations of Discover Europe Contest
Likeness Consent Form
I, the undersigned, [name, surname, address of residence]
I hereby assign and grant to Foundation for the Development of the Education System located in Warsaw, Aleje Jerozolimskie 142 A, 02-305 Warsaw, hereinafter: Foundation all right and permission to copyright, use, publish and republish my image (face image, way of behaviour, expression, voice, freedom of thought (collectively, “Likeness”) in any and all media or distribution now known or hereafter developed taken or recorded by the Foundation including but not limited to photographs, audio-visual means recorded during events realised within the scope of the Foundation’s activities.
I hereby consent to use my likeness free of charge and indefinitely. The consent includes records in conventional, blurred, altered or distorted means, or otherwise for art, internal distribution or any other lawful purpose in any lawful manner within the scope of the Foundation’s activities, in particular: promotion of programmes (projects) run by the Foundation without the prior agreement.
The Foundation is therefore entitled to share any materials containing my likeness and my personal data within the necessary scope of identification (name, surname, institution) to any parties with which the Foundation cooperates. I hereby declare that the use of my likeness with this prior written consent does not infringe my personal rights and copyrights.
I further certify I have read and accepted the Regulations of the Discover Europe Contest, in particular with the clause referring to data processing (§ 9) and copyrights (§ 10).