Rules and regulations of the contest called “The Pyrkon Mural”

§1 General Provisions

1. The Organizer of the Contest  is the Klub Fantastyki “Druga Era” Association with its headquarters at ul. Kaliska 22a/23 61-131 Poznań, identifying itself with the Tax Identification Number (NIP): 9721098695, hereinafter referred to as “the Organizer”.

2. The contest is conducted under the rules and regulations described in these Rules and regulations, in accordance with generally applicable laws (in particular, the provisions of the Civil Code), on the territory of the Republic of Poland.

3. The purpose of the contest is to select the design for the mural of the Pyrkon Fan Convention.

4. The Organizer is the promisor of the Prize within the meaning of Articles 919 and 921 of the Civil Code.

5. The contest begins on 23.10.2024 and ends on 31.12.2024 at 23:59 Polish time. 

§2. Participants and rules of the Contest

1. Participation in the Contest is voluntary and free of charge.

2. A participant in the Contest (hereinafter referred to as the Participant) may be an individual Participant (natural person) or a team of authors, provided that individual members of the aforementioned team do not participate in the Contest as individual Participants or Participants of another team of authors. The team of authors, when entering the Contest , indicates the person who will represent the team when contacting the Organizer (also applies to the collection of the Prize). Each Participant may participate in the Contest provided that: 

a) they have read and accepted these Rules and regulations and consented to the processing of personal data for the purpose of the Contest by entering the Contest;

b) have reached the age of 18 and have full legal capacity;

(c) have a place of residence in the territory of the Republic of Poland;

(d) will perform the Contest Task.

3. Only a person meeting the conditions specified in §2.2.2 of the Rules and Regulations may be a participant in the Contest.

4. Employees of the Organizer and entities and employees of entities providing services to the Organizer in organizing the Contest on the basis of civil law contracts, as well as members of the immediate family (spouses, ascendants, descendants and siblings) of the above-mentioned persons are excluded from participation in the Contest.

5. In order to participate in the Contest, throughout its duration, the Participant will send to the e-mail address: [email protected] the design of the mural of the Pyrkon Fan Convention in jpg or pdf format, meeting the conditions presented in §3.

6. Only Participants who complete the Contest Task during the Contest will participate in the Contest.

7. A participant may submit any number of Contest Tasks.

§3 Contest Task

1. The Contest Task is to create a design for a mural with the theme of the Pyrkon Fan Convention. The design should relate to the Convention’s values of passion, lightness, and community. It is meant to showcase Pyrkon as a magical and fun event, connected to fantastic places and/or characters. At the same time, the project should show Pyrkon as an event embedded in the space of the Poznań International Fair, for example, through an incorporated element or building associated with the PIF (MTP).
2. After the completion and settlement of the Contest, the mural, the design of which constitutes the Contest Task, will be located on the exterior wall of hall no. 6 from the side of Bukowska St., opposite the outlet of Zeylanda St. with the dimensions of 11.41 meters in height and 21.05 meters in width, a photograph of which is attached as Appendix 1 to these Rules and Regulations.
3. Details of the Contest Task: 

a. The Contest task must be original, made for the purpose of this Contest;

b. The Contest Task may not be performed using artificial intelligence mechanisms;

c. The Contest Task must take into account the dimensions and proportions of the wall mentioned in §3 sec. 2.;

d. The Contest Task must include the logotype of the Pyrkon Fan Convention, which is attached as Appendix 2 to these Rules and Regulations, and also include the inscription “25 years of Pyrkon”; 

e. The Contest task should showcase Pyrkon as an event embedded in the space of the Poznań International Fair, e.g., through an element or building associated with PIF (MTP); 

f. The Contest Task should contain elements in the colors of the Pyrkon Fan Convention: lime green (Pantone 396 C, CMYK 30, 10, 100, 0, RGB 197, 197, 0, HEX #c5c500) and purple (Pantone 7680 C, CMYK 80, 95, 30, 30, RGB 71, 37, 86, HEX #472556);

g. The Contest Task is to take into account that in the area of 2.5 m from the bottom of the wall, there may only be the background or elements that are faintly visible, due to the fact that this part of the wall is obscured by shrubs growing in this area and due to the fence nearby.

h. The Contest Task should take into account the proportions of the wall and have a minimum resolution of 300 DPI.

3. The Organizer reserves the right to remove and not include in the Contest the completed Contest Tasks whose authors:

a) do not act on their own behalf, but through third parties (does not apply to a team of authors);

b) have not taken into account the guidelines for the Contest Task listed in §2;

(c) created the Contest Task with the help of artificial intelligence mechanisms;

d) used words commonly considered offensive, pornographic content, content promoting racial, ethnic, and religious hatred or discriminating against social groups in the Contest Task.

§ 4 Rights, including copyrights to the Contest Tasks performed

1. By signing the application form, all participants grant to the Organizer a non-exclusive license, unlimited in time and territory, to use the works constituting the Contest Tasks, the Contest  works, in the following fields of exploitation:

a. recording and reproduction by means of any technique;

b. marketing and distribution of copies or other media in all distribution channels;

c. lending, leasing, or renting copies;

d. entering into computer memory and storing in computer memory;

e. making available to the public via IT and ICT networks, including the Internet and mobile telephony
– for purposes related to the organization and promotion of the Contest, the Pyrkon Fan Convention, and the Organizer.

2. The completed Contest Task must not violate any rights or property of the Organizer, persons and third parties, in particular their property and personal copyrights and personal rights.

3. Tasks submitted to the Contest must be the exclusive intellectual property of the Participant in terms of exclusive and unlimited copyrights and must not be encumbered by any rights of third parties.

4. Upon signing the agreement referred to in §6 paragraph 7 of these Rules and Regulations. the winner of the Contest and the awarded Participants:

a. transfer the proprietary copyrights to their Contest Tasks to the exclusive rights of the Organizer without limitation as to territory, time, number of copies, in the format specified by the Organizer, for the following fields of exploitation:

• permanent or temporary reproduction of the Contest Task by any means and in any form, including the introduction of the graphic design into computer memory – by copying as well as installing in the version for use, introduction to the Internet and other computer networks;
• dissemination of the Contest Task, in particular by making it available on computer networks in a way that ensures access to it at a time individually chosen by the user;
• use, public dissemination and publication of the Contest Task, recording;
• permanent reproduction by means of any known technique and in any form;
• making a digital record of the Contest Task;
• marketing and public dissemination, including the use of: copying, exhibition, display, as well as making the materials with the use of the Contest Task available to the public in such a way that anyone can have access to it at a place and time of their choice in the country and abroad;
• adaptation, rearrangement, or any other change;
• use of the graphic design of the Contest Task for promotional and advertising purposes, in particular to promote the Pyrkon Fan Convention and the Organizer. 

b. authorize the Organizer to exercise derivative rights.

§5. Deadline and method of submitting Contest Tasks

1. The Contest Task should be sent to the Organizer’s e-mail address [email protected] no later than by 31.12.2024, 23:59.

§6. Prizes and Determination of Winners

1. In order to ensure the proper conduct of the Contest, the Organizer will appoint a 5-member Committee hereinafter referred to as the Contest Committee. The tasks of the Contest Committee will include overseeing the proper conduct of the Contest, deciding on all issues relating to the Contest, including the interpretation of the provisions of these Rules and Regulations, and selecting the Participant to whom the Prize will be awarded (hereinafter: The Winner). Decisions of the Committee are final, which does not deprive the Participant of the right to assert claims under the law.

2. At the end of the Contest, the Contest Committee will evaluate the works submitted by the Participants and select the Participant who best performs the Contest Task in terms of: 

a. artistic qualities;

b. originality and compliance with the theme of the Contest ; 

c. attractiveness and creativity and will thus select 1 (in words: one) Winner.

3. The Winner of the Contest will be awarded a prize of PLN 11,000 (in words: eleven thousand zlotys).

4. In addition, the Contest Committee has the right to award the remaining Participants (except the Winner) an unlimited number of Honorable Mentions (at the Committee’s discretion), which entitles the distinguished Participant to receive the Prize for Honorable Mention in the amount of PLN 2,000.00, with the Prize being exempt from personal income tax under Article 21 sec. 1 item 68 of the PIT Law.

5. The Committee will complete the selection of Winners no later than by 17.01.2025.

6. The Winner of the Contest will be informed of obtaining the Prize through an email from the Organizer and a post on the Organizer’s Facebook profile no later than on 21.01.2025.

7. In order to receive the Prize and the Honorable Mentions, the Winner is required to sign an agreement with the Organizer on the transfer of the proprietary copyrights to the awarded Contest Task, under the terms listed in § 3, paragraph 3 of these Rules and Regulations, and to provide the Organizer with the data necessary for the transfer of the Prize, including name, last name, mailing address and bank account number, within 14 days from the date of the Organizer’s announcement of the Winner. 

8. In the event that the Winner fails to provide the data necessary for the transfer of the Prize by the date and under the terms of paragraph 7. above, the Contest Committee will select another Participant to receive the Prize.

9. The Organizer shall not be liable for failure to deliver the Prize to the Participant if the inability to deliver the Prize resulted solely from the Participant’s failure to provide the data required for delivery of the Prize or providing incorrect or inconsistent data.

10. The Prize, less tax equal to 10% of the value of the Prize, deducted by the Organizer, will be sent by the Organizer to the bank account indicated by the Winner within 14 days after the Winner signs the agreement.

11. The Prize is funded by the Klub Fantastyki “Druga Era” Association.

12. The Winner may not transfer the rights to the awarded Prize to a third party.

13. The Winner has the option to waive the right to the Prize awarded to them by submitting the appropriate statement in writing to the Organizer.

14. You can only receive a Prize once in the Contest.

15. The Prize will be sent to the Participant at the expense of the Organizer.

16. The Organizer reserves the right to cancel the Contest in the event that:

a. no Contest Task will be submitted or 

b. when no submitted Contest Task meets the terms and conditions or 

c. in case of unsatisfactory artistic level of the Contest  Tasks.

17. It is stipulated that the evaluation of the Contest Committee may result in the failure to select a winner or winners, which is tantamount to forfeiting the Prize. 

§7. Personal Information

1. The controller of the Participants’ personal data is the Organizer. Contact with the Organizer is possible by mail to the address Słowackiego 13, 60-822 Poznań and by e-mail to [email protected].

2. The basis for the processing of personal data is Article 6(1)(b) of the GDPR – the performance of the contract, Article 6(1)(f) i.e., the controller’s legitimate interest in recognizing complaints and pursuing claims.

3. Participants’ personal data will be processed during the period and to the extent (purpose) necessary to conduct the Contest, select the Winners, process any complaints and in the case of Winners also to notify the awarding of the Prize and release the Prize.

4. Provision of personal data is voluntary; however, it is a condition for participation in the Contest and releasing of Prizes to Winners, in terms of identification and address data.

5. Personal data will be stored for the duration of the Contest, and after its completion until the statute of limitations for possible claims or the expiration of the obligation to store data under the law, no longer than 5 years, from the end of the calendar year in which the Contest was held.

6. The Organizer shall exercise the rights of data subjects, i.e., access to the content of their data and the right to rectify, delete, limit their processing, the right to data portability.

7. In the case of processing of personal data on the basis of consent, the Participant has the right to withdraw consent, at any time, and the withdrawal of consent does not affect the legality of processing carried out on the basis of consent before its withdrawal. Withdrawal of consent requires an electronic notification to the e-mail address [email protected].

8. Recipients of the data are: entities providing hosting services, postal services, entities with which the Organizer cooperates in accounting, legal and tax services, public authorities on the basis and within the limits of the law in particular such as the National Tax Administration, law enforcement agencies.

9. Personal data is not transferred to a third country or international organization.

10. Personal data is not processed automatically and subjected to profiling.

§ 8. Complaints

1. Participants in the Contest have the right to file a written complaint marked “Complaint: The Pyrkon Mural Contest” to the Organizer’s e-mail address [email protected] or correspondence address Słowackiego 13, 60-822 Poznań related to the course of the Contest during its duration, and also up to 14 days after the end of the Contest.

2. The letter containing the complaint should indicate the name of the Participant and the mailing address to which a response to the complaint will be sent.

3. The Organizer will respond to the complaint within 14 days to the Participant by registered mail sent to the address provided in the letter containing the complaint.

4. Negative consideration by the Organizer of the Participant’s complaint does not exclude the Participant’s right to pursue their claims under generally applicable laws, including through legal proceedings.

§9. Final provisions and technical information

1. The regulations come into force on 23.10.2024.

2. The contest is not a promotional lottery as defined in Article 2, paragraph 1, item 9 Law on Games and Betting of 29.07.1992 (Journal of Laws of 2004, No. 4, item 27, as amended) and is not subject to the rules contained in the aforementioned law and its implementing regulations.

3. The Contest Organizer is not responsible for the inability of a potential Participant to submit the completed Contest Task due to reasons solely attributable to the Participant.

4. The Rules and Regulations of the Contest are made available during the Contest via the public ICT network Internet at the URL: www.pyrkon.pl and at the Organizer’s office.

5. The Organizer undertakes to make every effort to amicably resolve any disputes that may arise in connection with the conduct of the Contest.

6. The competent court to resolve disputes shall be the court of local and material jurisdiction in accordance with the law.

7. This Contest is in no way organized, sponsored, conducted, or endorsed by or associated with Facebook.

8. The entity solely responsible for the conduct of the Contest is the Organizer, and Participants agree to indemnify Facebook from any liability that may arise in connection with the organization of the Contest.

9. Changes to the Rules and Regulations must be published and the Participants must be informed of the changes made by the Organizer. Amendments may be made only for reasons of adaptation of the Rules and Regulations to the norms of applicable law.

Appendix 1

Appendix 2