Regulations

REGULATIONS OF EVENT called "OPEN'ER FESTIVAL"
GDYNIA, Gdynia-Kosakowo Airport, 1-4 July 2010

I.GENERAL PROVISIONS:

1.The following regulations (referred to as "Regulations" below) were issued in accordance with the articles of March 20th , 2009 Mass Events Safety Act published in Dziennik Ustaw (Journal of Laws) 2009, nr 62, entry: 504 with changes (referred to as "Act" below) and in accordance with the articles of  Civil Code.

2.Regulations are issued by ALTER ART FESTIVAL SP Z O.O. with the seat in Warsaw, ul. Malczewskiego 24, entered in the register of companies by Warsaw District Court under KRS number 227624 (referred to as "Organizer" below) which is the organizer of the event called "Open'er Festival" which will take place on 1st - 4th July, 2010, on the grounds of Gdynia -Kosakowo airport (referred to as "Event" below)

3.Regulations are intended for all persons who will be staying in the area where Event will be taking place, in the course of Event. Every person staying in this area in the course of Event is obliged to abide by the provisions of these Regulations.

4.The aim of Regulations is to ensure the safety of Event by defining the rules of behaviour of persons present at Event and of their use of the venue where Event is taking place as well as the use of the facilities situated in the venue, and, furthermore, to regulate the rights and duties of the participants of Event related to the purchase of the entrance tickets for  Event.

5.The expressions below, used in Regulations, will be defined as follows:

"Ticket" means an individual permit of admission to Event, which must be exchanged for an ID band (wristband) when entering Event Venue for the first time.

"ID band" means an ID band issued by Organiser at the entrance of  Event Venue in exchange for Ticket; ID band has the form of an wristband, whose design is established by Organizer, fixed permanently on the wrist; ID band can be used by one person only; damaging or tearing off of  ID band makes it invalid (in such case it is necessary to act according to point 20 of Regulations); the resale of ID bands is forbidden;

"Zones" means particular zones of Event Venue: (i) Event Zone, (ii) Campsite, (iii) VIP Zone, (iv) Food Zone, where the admission depends on the purchase of an appropriate kind of Ticket and, consequently, on being issued an appropriate ID band;

"Security Service" means the persons appointed by Organizer, including the employees of a security agency, carrying ID badges, to ensure the safety of persons participating in Event as well as to control the rights of Participants to enter Event Venue. The Security Service members possess ID badges placed where they are visible, containing: the name of  the issuer, identification number and photograph, expiry date, the stamp and signature of the issuer;

"Event Venue" means a designated part of Babie Doły airport in Gdynia, where Event is taking place or any other place which Event might be moved to for important reasons and which will be announced to the public before Event.

"Participant of Event" means a person taking part in Event on the basis of ID band issued in exchange for Ticket. Participant may be a minor between 4 and 15 years old (in the care of an adult person) after purchasing Tickets for both the minor and the adult; a minor over 15 - independently after purchasing Ticket.

II. SALE OF TICKETS

6.Tickets are sold only in authorised points of sale. The list of authorised points of sale is available on www.opener.pl/en/info/ticket_prices website. Electronic Tickets are offered in www.alterart.pl/shop/shop.php service.

7.Tickets can be sold solely at the price printed on Tickets. Resale of Tickets at a higher price than the one printed on Tickets is forbidden. It is also forbidden to resell Tickets at auctions, competitions or resell them at a profit outside the authorised points of sale.

8.Organizer informs that under the article 133 of May 20th,1971 Act, Penal Code: "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 punishment of arrest, restriction of liberty or a fine. Attempting as well as aiding and abetting are punishable."

9.Organizer warns that the purchase of Tickets from the outsiders puts the buyer at risk of buying a forged ticket, which will consequently result in the refusal to exchange Ticket for ID band and let the ticket holder enter Event.

10.ID band will be exchanged solely for original Ticket purchased in accordance with the provisions of Regulations.

11.The disabled as well as their carers who want to participate in Event are obliged to purchase Tickets.


III. ADMISSION TO EVENT VENUE AND ZONES

12.The admission to Event Venue is granted to the persons who possess identification document and Tickets which, at the first entrance into Event Venue, will be exchanged for ID band. Each next admission to Event Venue is granted to Participants carrying an undamaged ID band fixed permanently on their wrists.

12a. In case that Participant of  Event is a minor at the age of 5 to 15, he/she can participate in Event only when he/she is in the care of an adult person who, on entering Event for the first time, will sign the declaration of taking full responsibility for the minor at the information desk.

13.Irrespective of meeting the conditions stated above in point 12 and 12a, the admission to Event Venue is not granted to the following persons: A. persons on whom the following ruling was made: (i) forbidding them an admission to mass events, in case of punishment for offences defined in article 22 of Act; (ii) obliging them to refrain from staying in the areas where mass events are taking place, made by the court on a convicted person owing to conditional suspension of the execution of imprisonment  or on a juvenile on the basis of article 6, point 2 of October 26th, 1982 Act on proceedings in juvenile cases; B. persons who refuse to undergo the activities described in point 22 a)-c) of  Regulations against the law in force.

14.Organizer of Event may refuse to let the following persons enter or remain at Event:
a)persons who do not have ID band;
b)persons being visibly under the influence of alcohol, intoxicants, psychotropic drugs or any other agents with similar effect;
c)persons carrying weapons or other objects, materials, products, drinks, agents or substances described in point 20 of Regulations;
d)persons acting violently, provocatively or in any other way which might threaten safety and order of Event;
e)persons wearing boots with metal finish;
f)person whose appearance makes their identification impossible;
g)persons carrying plastic or glass containers or cans etc.,
h)persons carrying any other dangerous objects,
i)persons who do not have identification documents.
The decision if the objects are dangerous rests with the Security Service, nevertheless the decision must be based on objective criteria.

15.Admission to specific Zones is granted to persons carrying an appropriate ID band, whereas admission to the Campsite requires also, besides the purchase of Ticket and its exchange for ID band, the registration on a form posted on the Event's internet site, i.e. www.opener.pl and in appropriate points at Event Venue.


IV. RULES AND REGULATIONS BINDING IN EVENT VENUE:

16.Organizer ensures safety of the persons present at Event as well as the order in the course of Event, in accordance with the law in force,  by, among others:
a)Security Service and information service with distinctive elements of clothing;
b)appointing a security manager, in charge of Security Service and the organisation of Security Service work;
c)providing medical assistance and sanitary facilities;
d)changing the place of Event, shall the need arise.

17.Participants of Event and any other persons staying at Event Venue are obliged to comply with the orders of Security Service, including the security manager. The refusal to comply with these orders may result from the fact that they are in contradiction with the law. 

18.Participants of Event and any other persons staying at Event Venue are obliged to behave in a way which does not threaten safety of other persons taking part in Event and, in particular, to abide by the provisions of Regulations. It is forbidden to damage signs and information boards, advertising media, devices and equipment located in Event Venue, etc. Participants are obliged to use sanitary facilities only for what they are intended.

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19. Participants of Event as well as any other persons who are at Event Venue are obliged to wear on their wrists valid ID bands. The lack of an ID band or the possession of a broken or damaged ID band or the one not fastened on the hand is tantamount to losing the right to participate in Event. In case of breaking or damaging ID band, Participant of Event is obliged to report immediately at Information Point at the gate of Event, where the damaged ID band will be replaced with a new one and fastened on the wrist. Only the ID band damaged inside Event Venue, and not outside it, is subject to replacement.

20. It is forbidden to bring in and carry during the Event:
weapons or other dangerous objects,
explosives,
pyrotechnic products,
materials likely to start a fire,
alcoholic drinks,
intoxicants or psychotropic drugs,
professional cameras, camcorders, audio-video recording equipment;
Into the festival venue it is allowed to bring amateur digital cameras up to 5.0 MPix matrix and traditional amateur compact cameras. It is not allowed to bring photographic equipment which might be used for professional reasons, e.g. 35 mm reflex cameras, digital reflex cameras, large and medium format cameras, etc.
Moreover, it is forbidden to bring dogs and other animals into Event Venue as well as to conduct any commercial or another profitable activity at Event Venue without Organizer's permission. 

21.Organizer is entitled to record the proceedings of Event, in particular persons' conduct, by means of sound/image recording devices, within the scope defined by Act and executory provisions. The materials obtained by the recording of the proceedings of Event which may be used as evidence to initiate criminal proceedings or proceedings in cases of offences, or as evidence significant for such proceedings being in progress will be handed over by Organizer to the district prosecutor appropriate for Event Venue or the Police. The materials obtained by the recording of the proceedings of Event which do not contain anything which may be used as evidence to initiate criminal proceedings or proceedings in cases of offences, or as evidence significant for such proceedings being in progress are stored for at least one month after the end of Event and then they are destroyed in front of the commission.

22.Security Service, carrying ID badges placed where they are visible, are entitled, under the provisions of  Act, to:
a)check the rights to participate in Event,
b)check the identification documents of 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 described in point 20 of  Regulations,
d)verify if persons have the right to participate in Event, and in case of finding that they do not - call them on to leave Event;
e)give safety orders to persons disturbing the peace or acting against the regulations of mass events, and in case their orders are not carried out - call them on to leave Event;
f)use physical force in the form of incapacitating holds and similar defence techniques in case the property they were entrusted with is in danger or to repulse the attack on a member of Security Service or another person, in accordance with the rules defined in article 38 of August 22nd, 1997 Persons and Property Protection Act (Dziennik Ustaw (Journal of Laws) number 114, entry 740 with later changes)
g)apprehend, in order to hand them over to the Police immediately, persons directly threatening  the life and health of other persons as well as the protected property.

23.Security Service are obliged to expel from Event Venue persons whose behaviour disturbs public order or violates Regulations.

24.Security Service members, in accordance with the potential risk and needs, can be equipped with, among others:
hand metal detectors,
specimens of tickets, ID bands and invitations,
other necessary and legally permitted means of personal protection.

25.A member of Security Service verifies if a person is entitled to participate in Event by:
checking if the person has a valid Ticket and, after its exchange, ID band,
comparing the document presented with the specimen.

26.In case any objects which it is forbidden to bring in and possess at Event are found in the inspected bags or clothes, a member of Security Service refuses the person in whose belongings such objects have been found the admission to Event or expels the person from the area in which the Event is taking place. The admission to Event is possible after the above mentioned objects have been left on deposit or left outside Event Venue.

27.In case any weapons or other dangerous objects, alcohol, explosives, pyrotechnic materials, materials likely to start a fire, intoxicants and psychotropic drugs are found in the inspected bags or clothes, a member of Security service apprehends the person in whose belongings such objects have been found and after confiscating them, draws up a protocol of this action and then hands the person over to the Police together with the confiscated objects.

28. The persons who were refused the admission to Event or participation in it and also the persons who were expelled from Venue in accordance with Regulations or the Act are not entitled to a refund of the Ticket price or any other claims.

29.Organizer establishes the following division zones of  Event:
Technical and social base,
Zones (Audience, Campsite, VIP Zone, Food Zone),
Main entrance teams,
Points of permanent protection by security services.

29a. Food Zones – separate and closed food and trade zones where beer is sold are excluded from the area of mass event and only in these zones the beer bought there may be drunk.

30.Organiser provides fire safety by ensuring that:
a)service staff, Security Service and Organizer must know the location of basic fire fighting equipment and fire hydrants as well as fire regulations;
b)Security Service must be trained in: rules of conducting evacuation, methods of alerting Fire Brigade, rules of the use of basic fire fighting equipment, first-aid.

31.In the course of Event Organizer and Participants of Event as well as any other persons staying in its venue are obliged to abide by the provisions of Education in Sobriety and Alcoholism Prevention Act.

32. The purchased Ticket is not subject to exchange or refund. Organizer reserves the right to cancel the Event without prior notice. Organizer is not obliged to provide any reimbursement or compensation to the Ticket holder other than a refund of the price printed on the Ticket for the cancelled Event.

33. Organizer reserves the right to change the Event proceedings for justified reasons such as the cancellation of arrival by an artist, circumstances beyond our control, etc., and also the right to rearrange and change the programme in terms of artistic performance and time without prior consultation or compensation.

V. RIGHTS AND DUTIES OF PARTICIPANTS OF EVENT

34.Organizer informs that Participants of Event as well as any other persons staying in Event Venue will be continuously exposed to loud sound. During Event stroboscope lights will be used.
35.Organizer also records the proceedings of Event for documentation purposes as well as promotion and advertising of Event and events in the following years, Organizer and sponsors. The images of persons staying at Event Venue might be recorded while recording the proceedings of Event and subsequently broadcast for documentation, reporting, advertising or promotional purposes.

VI. COMPLAINTS

36.Any complaints can be submitted to the following correspondence address of Organizer:

ALTER ART  FESTIVAL SP.Z O.O.
ul. Malczewskiego 24
02-612 Warszawa

37. The Organiser takes a position on the complaints submitted according to point 36 without delay no later than within 14 days from their submission.

38. Exhausting the complaint procedure specified in this section of Regulations is the condition of laying claims.

VII. PENAL PROVISIONS UNDER THE ACT

39.Whoever does not carry out the safety orders issued under the provisions of Act or Regulations by Organizer or Security Service, is subject to punishment of arrest, restriction of liberty or a fine.

40.Whoever brings in or carries at Event weapons, other dangerous objects, explosives, pyrotechnic products or materials likely to start a fire, is subject to punishment of arrest or restriction of liberty.

VIII. FINAL PROVISIONS

41.All rights to the name and logo of Event are reserved for Organizer. Official programmes and gadgets connected to Event will be sold exclusively at Event Venue or in the outlets authorised by Organizer.

42.The status of a sponsor of Event is granted exclusively by Organizer.

43. Organizer does not take responsibility for the consequences of the events beyond Organizer’s control which make it impossible to fulfil the obligations or when the fulfilment of the obligations might be deemed impossible due to the circumstances. Such events are in particular: weather conditions, failure or disruption of work of the power supply equipment or heating and lighting equipment, war or any decisions of the state or local  government authorities concerning policies, laws and regulations which affect the fulfilment of the obligations.

44.Regulations are available;
on the Event's website i.e. www.opener.pl
in the points of sale of Tickets,
at the information points in Event Venue,
in the ticket offices.

45. Any correspondence to Organizer should be sent to the address specified in point 36, in writing, by registered mail.

46.Security Service can issue their own safety and fire regulations in accordance with the provisions of the law in force.

47.In the matters not defined by Regulations the provisions of Act and other legal acts applied to mass events apply.

48.Regulations come into force on 12th November, 2009.

Warszawa 12th November 2009