- These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) were issued in accordance with the provisions of the Act of 20 March 2009 on the safety of mass events, Journal of Laws 2023 item 616 (hereinafter referred to as the “Act”) and the provisions of the Civil Code.
- These Terms and Conditions are issued by the Promoter of the event (hereinafter referred to as the “Event”), i.e. by the company IMPOSTER MUSE, Cornberg Sp. z o.o., ul. Piękna 18, 00-549 Warszawa KRS: 0000865213, REGON: 387351923 (hereinafter referred to as the “Promoter”).
- Terms and Conditions are addressed to all persons who in the course of the Event will be staying in the venue where the Event is held. Every person staying in the venue during the Event is obligated to abide by the provisions of these Terms and Conditions.
- The aim of Terms and Conditions is to ensure the safety of the Event by defining the rules of conduct of persons present during the Event and of their use of the venue where the Event is held, as well as of the devices located at the venue, and also to regulate the rights and obligations of the Event participants in connection with the purchase of the admission ticket for the Event.
- The terms used in Terms and Conditions shall have the following meaning: a) “Ticket” means a one-time individual permit of admission to the Event, or means an individual permit of admission to the Event which is exchanged for an ID (band) upon the first entry to the Event Venue; b) “ID” means an identifier issued by the Promoter at the entrance to the Event Venue against the return of the Ticket; the ID the template of which is determined by the Promoter is in the form of a band permanently placed on the wrist; the ID may only be used by one person; damage to or tearing of the ID makes it invalid; it is forbidden to give up the ID. Every Event Participant exchanges the Ticket for the ID in person; c) “Security Services” and “Information Services” mean the persons appointed by the Promoter, including employees of a personal or property protection agency, holding an identifier, to ensure the safety of persons participating in the Event, including the control of the Participants’ authorisation to enter the Event Venue. The members of the Security and Information Services hold identifiers in a visible place. The identifiers contain the name of the issuer, the identification number and the photograph, the expiration date, the stamp and the signature of the issuer, d) “Event Venue” means the place where the Event is held. The place may be changed for important reasons and made public prior to the Event; e) “Event Participant” means a person participating in the Event on the basis of the Ticket or the ID.
- The Tickets are sold solely on the website www.udercoverfestival.pl and in the points of sale indicated there. Additional service fee may be added to the price printed on the ticket depending on the fees applicable in individual ticket sale channels.
In justified cases, in particular for technical or production reasons, Promoter is entitled to return the ticket or change the originally ordered seats to other ones both prior to and in the course of the event.
- It is forbidden to resell Tickets at auctions or in any other way indicating the commercial nature of such resale. Any public offer to transfer the ownership of Tickets is forbidden, including as prizes in contests, lotteries, bonus sales or any other promotions even if it is free of charge.
- Promoter informs that in accordance with section 133 of the Act of 20 May 1971 Code of Petty Offenses: “Whoever purchases entrance tickets for artistic, entertainment or sports events with the aim of reselling them at a profit or whoever sells such tickets at a profit is subject to penalty of arrest, restriction of liberty or a fine. Attempting as well as aiding and abetting are punishable.”
- Ticket enabling admission to the Event must be original, purchased in accordance with the provisions of these Terms and Conditions. Ticket purchased not in accordance with Terms and Conditions may be nullified by Promoter. Promoter warns that the purchase of Tickets from other parties puts the purchaser at risk of buying a forged ticket, which will consequently result in the refusal to exchange Ticket for an ID and to participate in the Event.
- If a person with a disability wants to participate in the Event together with a guardian, each of these persons is obligated to purchase Tickets.
Promoter informs that the unique bar code on each and every Ticket entitles to one-time exchange of Ticket for an ID (band). Only the Participant with an undamaged ID permanently attached to their hand is entitled to access the Event Venue. Promoter warns that if Ticket is made available (in any form) to the third party, such Ticket may be used by that third party, which may result in a situation where the Ticket purchaser will be refused entry to the Event. If Tickets are purchased for several persons, the third party whose data are not assigned to Ticket in a way that allows their verification, is entitled to enter the Event Venue solely at the same time as the Ticket owner whose data are assigned to Ticket. In the case referred to above, the Ticket owner whose data are assigned to Ticket is also obligated to enter the Event Venue together with other persons who presented/scanned Tickets in the presence of the Ticket owner. If the Event Participant is a minor under the age of 16, he or she may participate in the Event solely under the care of an adult – legal guardian or person authorised in writing by the legal guardian who upon the first entry to the Event submits in the information point the declaration of responsibility for the minor according to the template determined by Promoter. An adult person may be a guardian to maximally five minors participating in the Event. The return of the tickets is possible only when the Event is cancelled or the Event Venue or the date of the Event is changed considerably. In such cases Promoter each time announces information on the possibilities and dates of Ticket return. Ticket return connected with the cancellation or change is only possible until the start of the Event. After the start of the Event only the initiation of the complaint procedure is possible, regardless of whether the entrance ticket has been used. The return of Tickets is possible solely in the point of their purchase. Promoter is not liable for Tickets purchased in unauthorised points of sale which are officially provided by Promoter. Promoter is not obligated to return money due to the unused Ticket.
ADMISSION TO EVENT VENUE:
- Admission to the Event Venue is granted to persons with a Ticket and a document confirming identity or to persons with an undamaged ID permanently placed on their wrists, in accordance with the Promoter’s template.
A minor under the age of 16 can participate in the Event under the supervision of an adult person and under the sole responsibility of the adult person under whose supervision he/she remains, after the purchase of Tickets both for the minor and the adult person. An adult person may be a guardian to maximally five minors participating in the Event. A minor UNDER the age of 16 may be staying at the Event Venue under the supervision of an adult person and under the sole responsibility of the adult person and with a written statement of the legal guardian. The template of the statement is determined and made available by Promoter. Children under the age of 16 are exempt from having a Ticket. The exemption from purchasing the ticket must be documented with any document confirming the age of the child. If the Event Participant is a minor under the age of 16, he/she is obliged to wear hearing protectors.
- Irrespective of meeting the conditions stated in point 11 hereof, Promoter is obligated to refuse admission to the Event Venue, in accordance with the provisions of the Act, to the following: a) persons forbidden to participate in mass events or obligated to refrain from staying in the areas where mass events take place, by the ruling of the court on a convicted person owing to conditional suspension of the execution of imprisonment or on a juvenile on the basis of section 76 point 2 of the Act of 26 October 1982 on the conduct in minors’ cases, as well as persons against whom a national or international stadium ban has been issued within the meaning of the Act, b) persons who refuse to undergo the activities described in point 22 of these Terms and Conditions, c) person under the visible influence of alcohol, intoxicants, psychotropic drugs or any other agents with similar effect, d) person carrying a weapon or other dangerous objects, explosives, pyrotechnic materials, flammables, alcohol (does not apply to alcohol purchased at the Event Venue), psychoactive agents or substances, e) person acting violently, provocatively or in any other way which might pose threat to the safety or public order.
- The decision whether or not the objects are dangerous rests upon the Security Services.
- Promoter may refuse admission to the Event or staying at the Event to the following: a) persons without an ID; b) persons wearing shoes with metal endings, c) persons whose appearance makes their identification impossible, d) persons carrying plastic, glass, metal containers or cans, etc.; excluding empty plastic or metal water bottles, e) persons without any proof of identity.
- Admission to individual Zones is allowed to persons with an appropriate Ticket.
TERMS AND CONDITIONS APPLICABLE IN EVENT VENUE:
- Promoter ensures safety of the persons present at the Event and order in the course of the Event, by, among others: a) providing Security and Information Services distinguished by elements of clothing; b) appointing the head of security affairs who manages Security and Information Services and organises their work; c) providing medical assistance and sanitary facilities; d) changing the place of the Event if such need arises.
- Event Participants and all other persons who are at the Event Venue are obligated to comply with the instructions of the Security and Information Services, including the head of security affairs. Refusal to comply with the instructions may only result from their conflict with generally applicable laws.
- Event Participants and any other persons staying at the Event Venue are obligated to behave in a way which does not threaten safety of other persons taking part in the Event and, in particular, to abide by the provisions of Terms and Conditions. It is forbidden to damage signs and information boards, advertising media, devices and equipment located at Event Venue, etc. Event Participants are obligated to use sanitary facilities only in accordance with their intended use.
- It is forbidden to: a) carry in and use video cameras, video and audio recording equipment and photographic equipment which could be used professionally, including cameras with interchangeable lenses and cameras with optical zoom over 6x. It is forbidden to carry in tripods and selfie sticks. Photos may be taken only for private purposes. Photos must be taken in such a way that the stage is not obstructed to anyone in the audience or that persons standing nearby are not disturbed. b) bring dogs and other animals to the Event Venue. c) bring drinks and food, with the exception of people whose health condition requires a specialised diet confirmed by a medical certificate. d) bring big backpacks and bags exceeding the dimensions of 39 cm x 32 cm x 16 cm.
- Promoter, to the extent specified by the Act and executive regulations, is entitled to record the course of the Event, in particular the behaviour of people, using video and audio recording devices. Promoter shall immediately forward to the district prosecutor competent for the Event Venue or to the Police the materials collected during the recording of the course of the Event, which may constitute evidence allowing for the initiation of criminal proceedings or proceedings in cases of offenses or evidence relevant to pending such proceedings. The materials collected during the recording of the course of the Event, which do not contain evidence allowing for the initiation of criminal proceedings or proceedings in cases of offenses or evidence relevant to pending such proceedings, are stored after the end of the Event for a period of at least one month and then are destroyed under supervision.
- Security and Information Services, carrying an identifier in a visible place, are entitled, under the provisions of the Act, to: a) check the rights of persons to participate in the Event, b) check the identification documents of Event Participants in order to establish their identity, c) inspect the contents of persons’ bags and clothes in case of suspicion that these persons bring in or carry objects referred to in point 12 d), 14 d) or in point 19 of Terms and Conditions; d) state the rights of persons to participate in the Event, and if lack of such rights is confirmed – to ask them to leave the Event; e) give safety orders to persons disturbing public order or acting against the terms and conditions of a mass event, and if their orders are not carried out – to ask them to leave the Event; f) use physical force in the form of incapacitating holds and similar defence techniques if the goods entrusted to protection are threatened, if a person fails to comply with the order to leave the Event Venue or if a member of the Security Services or any other person is attacked, in accordance with the terms specified in section 11 points 1 and 2 of the Act of 24 May 2013 on means of direct coercion and firearms; g) apprehend, in order to hand them over to the Police immediately, persons directly threatening the lives and health of other persons as well as the protected property.
- Security and Information Services are obligated to expel from the Event Venue all persons whose behaviour disturbs public order or violates Terms and Conditions.
- Depending on potential risk and needs, Security and Information Service members can be equipped, among others, with: a) handheld metal detectors, b) templates of tickets, identifiers and invitations, c) other necessary and legally permitted means of personal protection.
- The Event Participant’s right to be at the Event is ascertained by a member of the Security or Information Services by: a) checking whether the person has a valid Ticket, b) comparing the presented document with the template.
- If any objects that are forbidden at the Event are found during the inspection of bags or clothes, a member of the Security Services will refuse to admit to the Event the person in whose belongings such objects have been found or will expel the person from the Event Venue.
- If any weapons or other dangerous objects, alcohol, explosives, pyrotechnic materials, flammables, intoxicants and psychotropic drugs are found in the inspected bags or clothes, a member of the Security or Information Services will apprehend the person in whose inspected bags or clothes such objects have been found and after confiscating these objects will write a report on the situation and then hand the person over to the Police along with the confiscated objects.
- Persons who have been refused entry to or stay at the Event or persons removed from the Event Venue in accordance with Terms and Conditions or the Act due to their violation are not entitled to a refund for the Ticket.
- It is forbidden to conduct any commercial or other gainful activity as well as advertising and promotional activities at the Event Venue without Promoter’s authorisation.
- Promoter defines the following zones for the Event: a) Technical and social facilities, b) Auditorium in the Pitch, c) Main entrance complexes, d) Points of permanent protection by the security services, e) Catering Zones, f) zone of the Capital City of Warsaw – in front of the ticketed area of the festival.
- Promoter provides fire safety by ensuring that: a) service employees, Security and Information Services and Promoter must know the location of basic firefighting equipment and fire hydrants as well as rules of conduct in case of fire, b) Security and Information Services must be trained in: rules of conducting evacuation, methods of alerting fire brigade, rules of the use of basic firefighting equipment and first aid.
- In the course of the Event, Promoter and Event Participants, as well as any other persons staying at the Event Venue are obligated to abide by the provisions of the Education in Sobriety and Alcoholism Prevention Act.
RIGHTS AND RESPONSIBILITIES OF EVENT PARTICIPANTS:
- Promoter informs that due to a considerable number of participants and the necessary control and security measures applied at the entrance to the Event, Event Participants are obliged to arrive at the Event Venue well in advance.
- Promoter informs that the Event Participant or another person staying at the Event Venue will be constantly in the zone of loud sounds that may cause hearing damage. During the Event, strobe lights will also be used.
- Promoter also records the course of the Event for documentation purposes as well as promotion and advertising of the Event and future events as well as Promoter itself and sponsors. By purchasing the admission ticket and entering the Event the person staying at the Event Venue agrees to the recording of his/her image and its dissemination for Promoter’s documentation, reporting, advertising and promotional purposes to the extent exceeding the scope of section 81 subsection 2 point 2 of the Act of 4 February 1994 on copyright and related rights (uniform text Journal of Laws 2021 item 1062 as amended).
- Any complaints may be filed in writing within 14 days of the end date of Event to the following correspondence address of the Promoter.
- Promoter considers complaints submitted in accordance with point 35 hereof within 21 days of their delivery by registered mail to Promoter. The person submitting the complaint must have proof of sending the registered letter.
Possible inconveniences related to limited visibility which arise from the arrangement of sound system and lighting elements or zone markings as well as inconveniences related to the Event sound system are subject to possible complaints only on the date of the Event and in the course of the Event.
- Exhausting the complaint procedure specified in this section of these Terms and Conditions is the condition of submitting claims.
- The administrator of personal data is IMPOSTER MUSE. Personal data are processed in order to consider complaints. Providing personal data is voluntary but necessary to receive a response to the complaint. The legal basis for the processing of personal data is their necessity to achieve the purposes resulting from legally justified interests pursued by the administrator, related to the consideration of complaints. The administrator may process the personal data of the Participants as long as it is necessary to achieve the purposes for which the data were collected unless there is a technical, legal or other important reason justifying the removal, destruction or anonymisation of these data.
- A person whom the data regard has the right to request from the administrator to access his/her personal data, rectify them, delete or limit processing, the right to object to the processing and the right to transfer data, as well as the right to file a complaint to the supervisory body.
PENAL PROVISIONS UNDER THE ACT:
- Whoever does not carry out the safety orders issued under the provisions of the Act or by the Security or Information Services, is subject to punishment of arrest, restriction of liberty or a fine.
- Whoever brings in or carries at the Event weapons, other dangerous objects, explosives, pyrotechnic products or flammable materials, is subject to punishment of arrest or restriction of liberty.
- All rights to the name and logo of the Event are reserved for Promoter. Official programmes and gadgets connected to the Event will be sold exclusively at the Event Venue or in the points of sale authorised by Promoter.
- The status of the sponsor of the Event is granted exclusively by Promoter.
- Promoter shall not be liable for the effects of force majeure.
- These Terms and Conditions are available: a) on the website www.undercoverfestival.pl b) at the entrance to the Event Venue.
- Any correspondence to Promoter must be sent in writing, by registered mail to the address indicated in Terms and Conditions.
- Security and Information Services may issue their own safety and fire protection instructions, in accordance with applicable law.
- In the matters not defined by Terms and Conditions, the provisions of the Act shall apply.
- Promoter has the right to amend these Terms and Conditions due to the need to ensure the proper course of the Event and to ensure the safety of Event Participants.
Terms and Conditions come into force on 1 February 2023.