Open'er Park - Terms and Conditions

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#OPENER2022
29.06 - 2.07.2022, Gdynia
Gdynia-Kosakowo Airport

OPEN'ER PARK
TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE EVENT
under the name: "OPEN'ER PARK"
GDYNIA ORŁOWO, PARK KOLIBKI, 15.07 - 22.08.2021
(CONCERTS IN WEEKLY CYCLES, THURSDAY - SUNDAY)

I. GENERAL PROVISIONS

1. These terms and conditions (hereinafter referred to as "Regulations") were issued on the basis of the provisions of the Act of March 20, 2009 on the safety of mass events, consolidated text, Journal Of Laws of 2019, item 2171 (hereinafter referred to as "the Act on the Safety of Mass Events"), pursuant to the Act of August 22, 1997. on the protection of persons and property, consolidated text, Journal Of Laws of 2020, item 838 (hereinafter referred to as the "Act on the protection of persons and property") and on the basis of the provisions of the Civil Code.

2. The purpose of these Regulations is to regulate the rights and obligations of the participants of the event under the name: "Open'er Park", which will take place on July 15- August 22, 2021 in Gdynia Orłowo, Kolibki Park (hereinafter referred to as the "Event"), including:
(i) a series of music concerts organized each week between Thursday and Sunday (which are collectively hereinafter referred to as "Concerts" and each separately "Concert")
and
(ii) a fair, recreation and exhibition event, held every day throughout the duration of the Event (hereinafter referred to as the "Fair"),
which is organized by: ALTER ART FESTIVAL SP. Z O.O. with headquarters in Warsaw at ul. Kazimierzowska 14, entered into the Register of Entrepreneurs by the District Court for the Capital City of Warszawy in Warsaw, XIII Commercial Division of the National Court Register under the number KRS: 227624, NIP: 586-21-41-557 (hereinafter referred to as: "Organizer").
3. The Regulations are addressed to all persons who will be staying at the Organizer's Area or at the Event Area during the Event. Each person staying at the Organizer's Area or at the Event Area is obliged to comply with the provisions of these Regulations during the Event.

4. The purpose of the Regulations is, in particular, to ensure the safety of persons and property, as well as the safety of the Event by specifying the rules of admission, behavior and use of the Organizer's Venue, the Event Venue and the infrastructure located there, as well as defining the conditions for participation in the Event by regulating the rights and obligations of the Event Participants in connection with the possession of an Admission Ticket to the Event.

5. The following terms used in the Regulations shall have the following meaning:

"Ticket" - contains the name and surname of the Event Participant and means individual consent to participation in the Event, on the date indicated on the Ticket, in accordance with the provisions of the relevant regulations on the basis of which the Ticket was purchased (hereinafter referred to as the "Regulations for the Purchase of Tickets") and must be exchanged for an Identifier , before entering the Event Venue for the first time. All Tickets are one-day and are valid only on the day clearly indicated in the Ticket.

"Citizen's Card" - a plastic card with an individual number and electronic chip and an electronic card designed to provide Gdynia residents with access to the Program Partners' offers. The card is personalized and is an identifier of the “My City Gdynia” Program Participant, in accordance with its regulations.

"Entry code" is an individual number, issued by the Organizer, entitling you to enter Fair Zone free of charge on a specific date and for a limited time. The entry code must be exchanged for an Identifier before the first entry to the Trade Fair Zone. The number of available Entry Codes is limited.

"Open'er Park Mobile Application" means publicly available software with a touch interface designed for use on portable electronic devices, enabling the obtaining of an Identifier in the form of a QR code.

"Vaccination Certificate" means a valid EU Covid Certificate for vaccination against COVID-19 or the certificate for vaccination against COVID-19. The certificate may be presented in an electronic or paper form, which enables the verification of the certificate's QR code.

"Identifier" in the form of a QR code, issued by the Organizer, obtained on the basis of an individual Ticket number, Citizen’s Card number or Entry Code, using an application or in a printed form authorizing access to the relevant Zones, depending on the rights resulting from the purchase of a Ticket of a specific category, from having a Citizen’s Card or obtaining an Entry Code. The condition for issuing the ID is the submission of a health declaration. For each number of the Citizen's Card, there is one ID for a given day of the Event, authorizing only entry to the Trade Fair Zone. In certain cases, the Event Participant may be issued an additional ID in the form of a wristband permanently fastened on the wrist.

Each Event Participant who is 16 years of age or older shall exchange the Ticket for an ID Card in person. On behalf of the Event Participants who are under 16 years of age on the date of exchange of the Ticket for the Identifier, the Legal Guardian makes a declaration of health. In the case of using the Open'er Park Mobile Application, the Identifier of the Event Participant who is under 16 years of age on the date of exchange of the Ticket for the Identifier must be activated in the Open'er Park Mobile Application of the Actual Caregiver (minor).

Failure to submit a health declaration is tantamount to refusal to issue the ID, which is tantamount to refusal to enter the Event.

"Technical ID" means an identifier issued by the Organizer to persons working in the preparation and / or implementation of the Event in accordance with the Order Regulations for contractors and persons working in the preparation and implementation of the Event.

"Security Manager" means a person appointed by the Organizer, representing him in the field of ensuring the safety of participants in a mass event;

"Organizer's Area" means a designated part of the area of the park and manor complex in Kolibki, owned by the Organizer, including the Event Area, parking lots, internal access roads, pedestrian communication routes and technical facilities.

For important reasons, the location of the Organizer's Area may be changed before the Event, and the Organizer will provide information about the change to the public at www.opener.pl no later than 7 days before the start of the Event.

"Event Area" means the designated and fenced area of the park and manor complex in Kolibki, which can only be entered by persons with the appropriate ID or Technical ID. For important reasons, the location of the Event Venue may be changed before the Event, and the Organizer will provide information about the change to the public on the website www.opener.pl no later than 7 days before the start of the Event.

"Area of the Fair Zone" (also known as "Area of the Park Zone") means a designated part of the Event Area, owned by the Organizer, including, among others, the Kids Zone and the Cinema Zone, where the Fair and recreational or cultural activities other than Concerts are organized. For important reasons, the location of the Fair Zone may be changed before the Event, and the Organizer will provide information about the change to the public on the website www.opener.pl no later than 7 days before the start of the Event. The change in the location of the Fair Zone shall not constitute grounds for directing financial claims towards the Organizer.

"Zones" means individual zones in the Organizer's Area or Event Area, including: (I) Concert Zone (Mass Event Zone), (II) Fair Zone (also known as the Park Zone), (III) Technical and Social Facilities Zone, to whose access depends on the possession of the appropriate Identifier or Technical Identifier;

"Security Service" means persons appointed by the Organizer, entered on the list of qualified physical security personnel referred to in art. 26 of the Act of August 22, 1997 on the protection of persons and property (i.e. Journal of Laws of 2020, item 838), including employees of the persons or property security agencies, who have an ID, to care for the safety of people participating in the Event , including the control of Participants' rights to enter the Event Area. Security Service members have identifiers placed in a visible place, containing: the name of the issuer, identification number and photo, validity period, stamp and signature of the issuer. Security Services operate in the Event Area zone, which is a Mass Event Zone.

"Information services" means persons under the authority of the security manager who act during the Event for safety and public order in the Mass Event Zone and in the rest of the Organizer's Area, in particular by informing them about the adopted organizational solutions. Members of the Information Services have identifiers placed in a visible place, containing: the name of the issuer, identification number and photo, validity period, stamp and signature of the issuer.

"Security Staff" means persons entered on the list of qualified physical security personnel or qualified technical security personnel, and performing security tasks for the benefit of an entrepreneur who has obtained a license to conduct business activity in the field of security services and property services used by the Organizer. Security Staff operate in the Zones of the Event Area, which do not constitute a Mass Event Zone, and in the rest of the Organizer's Area, in order to ensure the safety of persons and property there. To the extent permitted by law, the rights and tasks of Security Staff may be performed by persons performing security tasks, to the extent not requiring entry on these lists, to an entrepreneur who has obtained a license to conduct business activity in the field of security services for persons and property used by the Organizer.

"Organizer's Representative" means a person identifying herself/himself with the Technical Identifier named Promoter, authorized to make decisions on behalf of the Organizer.

"Event Participant" means: Concert Participant or Visitor who participates in the Event on the basis of an Identifier issued with the return of the Ticket, the number of the Resident's Card or the Entry Code. A minor who is 16 years of age on the date of the exchange of admission to the Event may participate in it independently. A participant of the Event may also be a minor who on the day of admission to the Event is under 16 years of age, under the care and sole responsibility of the actual Guardian, after purchasing Tickets for both the minor and the adult; the purchase of a ticket does not apply to a minor who is under 2 years of age on the day of admission to the Event. The actual guardians of children up to 2 years of age and minors over 16 years of age are required to have a document confirming the age of the child / minor at the entrance to the Event Area or to the selected Zone. The lack of a document is tantamount to the necessity to purchase a ticket for the child or the refusal to enter without the actual Guardian.

"Legal guardian" - one of the parents of a minor under the age of 16 who has parental authority or a person entrusted with care under the terms of the family and guardianship code.

"Actual guardian" - a legal guardian or an adult authorized by him to supervise the minor at the time and place of the Event. An adult may be the Actual Guardian of a maximum of five minors participating in the Event.

"Concert Participant" - a person who, on the basis of an appropriate ID, is authorized to enter the Fair Zone or the Concert Zone.

"Visitor" - a person who, on the basis of an appropriate ID, is authorized to enter the Fair Zone only.

II. TICKET SALE

6. Tickets are sold only at authorized points of sale, at www.altersklep.pl and www.eBilet.pl. Tickets may only be sold at the price printed on the Ticket. The list of authorized points of sale is available at www.opener.pl. The detailed conditions for purchasing tickets are set out in the relevant Regulations for the Purchase of Tickets, available at the above-mentioned websites.

7. The resale of Tickets at auctions or in any other way indicating the commercial nature of such resale is forbidden. It is forbidden to publicly offer the transfer of ownership of Tickets, including as prizes in contests, lotteries, bonus sales or any other promotion, even if it is free of charge. The Ticket may be immediately canceled in the event of resale, attempted resale, attempt to copy the Ticket, and taking other actions referred to in this section, without the right to a refund for its purchase.

8. The organizer informs that pursuant to Art. 133 of the Act of May 20, 1971, the Code of Offenses: "Whoever purchases tickets to artistic, entertainment or sports events for the purpose of reselling at a profit or who sells such tickets at a profit, shall be punishable by arrest, restriction of liberty or a fine. Attempting, instigating and aiding is also punishable. "

9. Only the original Ticket, purchased in accordance with the provisions of these Regulations and the relevant Regulations for the Purchase of Tickets, shall be exchanged for the Identifier. A ticket purchased in breach of any of the Regulations may be canceled by the Organizer. The Organizer warns that the purchase of Tickets from third parties carries the risk of buying a counterfeit ticket, which in turn results in the refusal to exchange the Ticket for an ID and admission to the Event. The Organizer informs that the unique Ticket number on each Ticket entitles you to exchange the Ticket for an Identifier.

10. If a person with a disability wants to participate in the Event together with a supporting person, each of these persons is obliged to have their own Tickets.

11. Children who are under 2 years of age on the day of entry to the Event Venue are exempt from the possession of the Ticket. The exemption from the necessity to purchase a Ticket should be documented by presenting any document confirming the child's age at the entrance to the Event. If the document confirming the child's age is not presented, the Ticket must be purchased.

III. ENTRY OF EVENT PARTICIPANTS TO THE EVENT AREA AND OTHER AREAS

12. Ticket Categories, Resident Card, Entry Code and related entitlements to enter the Event Venue and the Zones:
a) Concert Ticket:
• entitles to enter the Concert Zone and the Fair Zone and use all the activities provided by exhibitors in this Zone, as well as take advantage of the paid offer of the sales points located there;
• entry to the Concert Zone is possible from 5:00 pm, at the entrance to the Concert Zone, you must undergo the activities referred to in point 24 –a) - c) of these Regulations;
• an Event Participant who on the day of admission to the Event will have a valid Vaccination Certificate may, when submitting a health declaration in the Open'er Park mobile application, confirm that he or she is in possession of the certificate, which will guarantee admission to the Event above the prescribed limits.
• The Organizer has the right to verify the Vaccination Certificate at the entrance to the Event by persons holding Concert Tickets who have declared they have the Certificate.
• concert Ticket holders will receive an additional ID in the form of a wristband when entering the Event Venue for the first time. The badge in the form of a band makes it easy to move between zones.
• admission to the Fair Zone is possible from 12:00;
• until 3:00 p.m., an Event Participant with an ID obtained on the basis of a concert ticket, registered in the Open'er Park mobile application, may enter and exit the Fair Zone many times, after having scanned the ID each time when leaving the Zone;
• after 3:00 pm leaving the Event Area means resignation from further participation in the Event;
• lack of an Identifier in the Open'er Park Mobile Application prevents re-entry to the Event until 3:00 PM;

b) Health Pass Concert Ticket:
• is intended for people who, to the best of their knowledge, on the day of admission to the Event, will have a valid Vaccination Certificate, which guarantees admission to the Event above the prescribed limits
• Health Pass concert ticket holders are required on the day of admission to the Event, when submitting a health declaration, to confirm in the Open'er Park mobile application that they have a valid vaccination certificate
• The Organizer has the right to verify the Vaccination Certificate at the entrance to the Event with Health Pass Concert Tickets. Lack of a valid vaccination certificate on the day of admission to the Event may result in refusal of admission due to the limit of places for unvaccinated people, in accordance with the current legal status.
• entitles to enter the Concert Zone and the Fair Zone and use all the activities provided by exhibitors in this Zone, as well as take advantage of the paid offer of the sales points located there;
• entry to the Concert Zone is possible from 5:00 pm, at the entrance to the Concert Zone, you must undergo the activities referred to in point 24 –a) - c) of these Regulations;
• Health Pass concert ticket holders will receive an additional ID in the form of a wristband on their first entry to the Event Area. The badge in the form of a band makes it easy to move between zones.
• admission to the Fair Zone is possible from 12:00;
• Until 3:00 p.m., the Event Participant with an ID obtained on the basis of the Health Pass concert ticket, registered in the Open'er Park mobile application, may enter and exit the Fair Zone many times, after having scanned the ID each time when leaving the Zone;
• after 3:00 pm leaving the Event Area means resignation from further participation in the Event;
• lack of the Identifier in the Open'er Park mobile application prevents re-entry to the Event until 3:00 PM;

c) Ticket to the Park Zone:
• entitles you to enter the Trade Fair Zone and use all the activities provided by exhibitors in this Zone, take advantage of the paid offer of the sales points located there;
• does not entitle to enter the Concert Zone during the Concerts;
• admission to the Fair Zone is possible from 12:00;
• Until 3:00 p.m. Visitors who have an Identifier on the basis of a Ticket to the Park Zone, registered in the Open'er Park mobile application, may enter and exit the Fair Zone many times, having previously scanned the Identifier each time they exit the Zone;
• after 3 p.m. leaving the Exhibition Zone means resignation from further participation in the Event;
• lack of the Identifier in the Open'er Park mobile application prevents re-entry to the Event until 3:00 PM;

c) Resident Card number:
• needs to be replaced for an ID
• The ID obtained on the basis of the Resident Card number does not guarantee access to the Fair Zone. Due to the limited number of places in the Zone, the Organizer may refuse access to the Fair Zone to persons with an ID obtained on the basis of the Resident Card;
• entitles to enter the Fair Zone and use all the activities provided by exhibitors in this Zone, take advantage of the paid offer of the sales points located there;
• does not entitle you to enter the Concert Zone during the Concerts
• admission to the Fair Zone is possible from 12:00;
• Until 3:00 p.m. Visitors who have an ID on the basis of the Resident's Card, registered in the Open'er Park mobile application, may enter and exit the Fair Zone many times, after having scanned the ID each time when leaving the Zone;
• after 3 p.m. leaving the Fair Zone means resignation from further participation in the Event;
• lack of an Identifier in the Open'er Park Mobile Application prevents re-entry to the Event until 3:00 PM;

d) Access code to the Park Zone:
• needs to be exchanged for an ID with the name and surname
• replacing the Entry Code with an Identifier does not guarantee access to the Fair Zone. Due to the limited number of places in the Zone, the Organizer may refuse access to the Fair Zone to persons with an ID obtained on the basis of the Entry Code;
• entitles to free entry to the Fair Zone and to use all activities made available by exhibitors in this Zone, to take advantage of the paid offer of sales points located there;
• does not entitle you to enter the Concert Zone during the Concerts;
• entry to the Fair Zone on the basis of the Identifier obtained on the basis of the Entry Code is possible from 12:00 to 15:00;
• Visitors who have an Identifier obtained on the basis of an Entry Code to the Fair Zone, registered in the Open'er Park mobile application, may enter and exit the Far Zone multiple times, after having previously scanned the Identifier each time they exit the Zone;
• after 3 p.m. leaving the Fair Zone means resignation from further participation in the Event;
• lack of the Identifier in the Open'er Park mobile application prevents re-entry to the Event until 3:00 PM;

13. Admission to the Event Area and individual Zones is granted to a person who has an identity card and a Ticket, Resident Card or Entry Code, who has received the appropriate Identifier. When entering the Event Area and the Zones for the first time, the Ticket will be exchanged for the appropriate Identifier in an electronic form (using the Open’er Mobile Application) or in a printed form. Resident Card Holders obtain an ID by entering the Resident Card number. Entry Code holders obtain an Identifier by entering the Code number and first and last name. Each entry to the Event Area and the Zones is granted only to the Event Participant with an appropriate and valid ID. In addition, Health Pass Concert Ticket holders are required to have a valid Vaccination Certificate on the day of admission to the Event.

If the Event Participant is a minor under the age of 16, he or she may participate in the Event only under the care of the actual guardian who, when entering the Event for the first time, at the information desk, will provide a declaration of responsibility for a minor according to the formula developed by the Organizer.

14. The name and surname provided when purchasing the Ticket, or the name and surname of the holder of the Resident's Card or the name and surname of the holder of the Entry Code, provided during the registration of the Code, visible on the ID, will be verified upon entering the Event and must be consistent with the document with the photo allowing for verification of the Participant of the Event. The data of the Event Participant should be provided when purchasing the Ticket or by registering the Resident Card or Entry Code in the Open’er Park Mobile Application. In the event of data inconsistency, the Organizer reserves the right to refuse entry to the Event area.

15. Regardless of the fulfillment of the above conditions specified in point 14 above, the Organizer may refuse entry to the Event Area or individual Zones, and in particular is obliged, in accordance with the provisions of the Act on the safety of mass events, to refuse entry to the Mass Event Zone:

a) persons against whom a decision has been issued prohibiting entry to a mass event or obliging to refrain from staying in places where mass events are held, issued by a court against the convicted person in connection with the conditional suspension of the execution of a penalty of deprivation of liberty or against a minor pursuant to Art. 6 pts 2 of the Act of October 26, 1982 on juvenile delinquency proceedings, as well as persons against whom a foreign or club ban has been issued within the meaning of the Act on the Safety of Mass Events,
b) persons who refuse to undergo the activities referred to in point 24 –a) - c) of the Regulations.
c) a person who is visibly under the influence of alcohol, intoxicants, psychotropic drugs or other similar agents,
d) a person possessing weapons or other dangerous objects, explosives, pyrotechnic products, fire-hazardous materials, alcoholic beverages, narcotic drugs or psychotropic substances.
e) a person behaving aggressively, provocatively or in any other way posing a threat to public safety or order.

Objects are assessed and classified as dangerous by:

- Security Services - at the Event Area which is the area of the mass event (i.e. in the Mass Event Zone), in accordance with point 30 of the Regulations,

- Security Staff - on the rest of the Event Area and on the Organizer's Area.

16. The Organizer of the Event may refuse access to the Event and the presence of the following persons:
a) who do not have an ID,
b) wearing shoes with metal ends,
c) whose external appearance makes it impossible to identify,
d) having plastic, glass, metal containers or cans, etc., with the exception of beverages purchased in the Fair Zone for consumption in this Zone,
e) who do not have an identity document.
f) who are in possession of Health Pass Concert Ticket without a Vaccination Certificate.

The organizer has provided a deposit, payable PLN 20 for each item left. The deposit will also be obligatory for people whose security finds items included in the Regulations as prohibited.

In addition, the Organizer may refuse access to the Organizer's Area to persons who do not comply with the currently applicable sanitary regulations / restrictions of the Organizer in the field of epidemic safety.

17. Exhibition, promotional, commercial and recreational activities are conducted at the Fair Zone, which due to their nature are not subject to the provisions of the Act on the Safety of Mass Events. In particular, no music concerts are organized in the Fair Zone.

IV. ORGANIZATIONAL RULES APPLICABLE TO THE EVENT:

18. The Organizer ensures the safety of people present at the Event as well as the order during the Event, including:
a) Security Services, Information Services and Security Staff, distinguished by elements of clothing;
b) appointing a Security Manager, managing the Security and Information Services and organizing their work;
c) providing medical assistance and hygienic and sanitary facilities;
d) change the location of the Event to another, if necessary;
e) changing the date and time of the Event to another, if necessary;
f) due to the prevailing epidemic situation, verification of the health of the Event Participants, in accordance with point 13 and by applying additional epidemic restrictions.

19. Participants of the Event and all other persons who are at the Event Area or the Organizer's Area are required to follow the instructions of the Security and Information Services, including the Security Manager, or Security Staff and the Organizer's Representatives, depending on the place where they are. Refusal to comply with these instructions may only be due to their inconsistency with generally applicable laws.

20. Participants of the Event and all other people who are on the Event Area and on the Organizer's Area are obliged to behave in a manner that does not endanger the safety of other people present at the Event, and in particular comply with the provisions of the Regulations.

It is forbidden to destroy signs and information boards, advertising media, devices and equipment located at the Event Area or the Organizer's Area. Participants and all other people who are at the Event Area are required to use sanitary facilities only for their intended purpose.

21. The Participants of the Event and all persons present at the Event Area or in certain Zones are required to have a valid ID or Technical ID. Lack of a valid ID is an unambiguous basis for removing an Event Participant from the Event Area or a specific Zone. In the event of damage to the ID in the form of a printout (at the Event Area or a specific Zone) or technical problems preventing the use of the ID in electronic form (via the Mobile Application), the Event Participant is obliged to immediately report to the service point at the entrance gate to the Event Area or the appropriate Zones with a damaged ID and proof of identity in order to obtain a new ID.

22. At the Organizer's premises it is prohibited to:
a) taking actions aimed at interrupting or disrupting the course of the Event;
b) using offensive, vulgar vocabulary, proclaiming and displaying slogans with vulgar and racist content, and inciting conflicts, in particular on the grounds of race, nationality, religion, social or sex;
c) displaying banners previously not approved by the Organizer;
d) throwing objects;
e) make fire and smoke tobacco in places where it is unacceptable;
f) taking care of physiological needs outside toilets;
g) littering;
h) blocking exits and escape routes;
i) bring, possess and use unmanned aerial vehicles, drones and other airborne objects;
j) conduct any commercial or other gainful activity without the Organiser's consent;
k) conducting advertising and promotional activities without the Organiser's consent.

Additionally, on the Event Area it is prohibited to:

l) bring and use skateboards, longboards, two-wheelers, rollers, roller skates and any other similar equipment;
m) bring food, with the exception of people whose health condition requires a specialized diet confirmed by a medical certificate;
n) bring drinks, except for drinks in cardboard packages with a capacity of up to 200 ml;
o) bring dogs and other animals, with the exception of guide dogs;
p) bring backpacks, suitcases and bags over 30 liters; tents and screens, tourist refrigerators, thermos flasks, sports equipment, kites;
q) bring large portable audio equipment.

Moreover, in the Concert Zone (Mass Event Zone) it is also forbidden to:

r) bring and use cameras, sound and image recording equipment and photographic equipment that can be used professionally, including cameras with interchangeable optics, cameras with zoom above 6x, tripods, selfie sticks. Photos may only be taken for private purposes, so as not to obstruct the stage to anyone in the audience or disturb people in the vicinity;
s) bring umbrellas with a sharp point;
t) bring deckchairs, portable chairs and tables, large inflatable toys;
u) bringing in and introducing prams.

23. Principles of recording the course of the Event:
a) The Organizer, on the basis of the Act on the Safety of Mass Events and to the extent specified by this Act and executive regulations, is entitled to record the course of the Event in the Mass Event Zone, and in particular the behavior of persons, using video and sound recording devices. The materials collected during the recording of the Event in the Mass Event Zone, 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 Organizer shall immediately forward to the district prosecutor or the Police competent for the Event Venue. The materials collected during the recording of the Event in the Mass Event Zone, containing no 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 subject to commission destruction.
b) In order to ensure the safety of people and property in the Zones that do not constitute the Mass Event Zone and in the other Organizer's Area, to the extent justifying the implementation of this goal, the Organizer is entitled to record the course of the Event using video and sound recording devices, in particular the behavior of people and other events in Zones that do not constitute a Mass Event Zone, as well as in the rest of the Organizer's Area.
c) In the cases specified in point a) and b) above, the administrator of personal data is Alter Art Festival Sp. Z o.o., with headquarters in Warsaw, at ul. Kazimierzowska 14. In the case specified in:

- point a) above, personal data is processed in order to ensure the security of the mass event. The legal basis for the processing of personal data are the obligations and rights of the Organizer resulting from the Act on the safety of mass events, including the obligation to secure a mass event and the right to record the course of a mass event. The personal data subject to processing is the image of a mass event participant. Without prejudice to the provisions of point a), the controller may process the indicated personal data for as long as it is necessary to achieve the purposes for which the data was collected, as long as there is no technical, legal or other important reason justifying the deletion, destruction or anonymization of this data. .

- point b) above, personal data are processed in order to ensure the safety of persons and property in zones that do not constitute the area of a mass event and in the rest of the Organizer's Area. The legal basis for the processing of personal data is the legitimate interest pursued by the administrator, which is to ensure the safety of persons and property in the Zones that do not constitute a mass event area and on the other Organizer's Area. The administrator may process the indicated personal data as long as it is necessary to achieve the purposes for which the data was collected, unless there is a technical, legal or other important reason justifying the removal, destruction or anonymization of this data.

d) In the cases specified in this point. 23, the data subject has the right to request the administrator to access his personal data, rectify it, delete or limit processing, the right to object to the processing and the right to transfer data, as well as the right to lodge a complaint with the supervisory authority.

24. Security and Information Services, holding an identifier placed in a visible place, are entitled, in accordance with the provisions of the Act on the Safety of Mass Events, to:
a) determining the rights of persons to stay in the zones constituting a Mass Event, and in the event of lack of such rights - summoning them to leave the Event Area;
b) identification of persons in order to establish their identity;
c) viewing the contents of luggage, clothing of persons, in the event of suspicion that these persons are bringing in or possessing the items referred to in point 15 d), 16 d) or in point 22 of the Regulations;
d) issuing order orders to persons disturbing public order or behaving inconsistently with the Regulations of the Event, and in the event of failure to comply with these instructions - summoning them to leave the Event Area;
e) capture, for the purpose of immediate transfer to the Police, persons posing a direct threat to human life or health, as well as protected property.

In addition, Security Services, with an identifier placed in a visible place, are entitled to use in the cases referred to in art. 11 of the Act of May 24, 2013. on measures of direct coercion and firearms (Journal of Laws of 2019, item 2418), measures of direct coercion referred to in art. 12 sec. 1 of this act;

Security Staff are entitled to all rights under the Act on the protection of persons and property and other legal acts, including the right to:

f) determining the right to stay at the Event Venue or in the Zones and identifying persons in order to establish their identity;
g) summoning people to leave the Festival Area or the Zones in the event of finding that they do not have the right to stay at the Event Area or in a specific Zone, or if the order is disturbed;
h) catching people who obviously pose a direct threat to human life or health, as well as protected property within the Event Area, the Organizer's Area or outside its borders, in order to immediately hand them over to the Police;
i) use or use of direct coercion measures within the provisions of the Act on the protection of persons and property and the provisions of the Act of May 24, 2013. on measures of direct coercion and firearms (Journal of Laws of 2019, item 2418)

25. Security Services are obliged to remove from the Mass Event Zone people who disrupt public order or behave inconsistently with the Regulations. To the extent permitted by the Act on the protection of persons and property, the same rights are vested in the Security Staff at the Event Area and at the Organizer's Area.

26. Members of the Security and Information Services, as well as Security Staff, depending on the potential risk and needs, may be equipped, inter alia, in:

- handheld metal detectors;
- other necessary and legally permitted personal protective equipment.
- specimens of tickets, badges and invitations;
27. A member of the Security or Information Service or a Security Staff shall ascertain the right of a person to be at the Event by:

- checking if the person has a valid ID and a document confirming the identity;
- checking if the person has a valid Technical Identifier;
- comparison of the presented document with the specimen.
28. If the contents of the checked luggage or clothing are found to contain items that are prohibited to bring and possess on the Event Area, a member of the Security or Information Services may refuse to admit the person who has been found to have these items to the Event, or remove them from the Area of the Event. To the extent permitted by the Act on the protection of persons and property, the same rights are vested in the Security Staff.

29. If the contents of the checked luggage or clothing are found of a person who wants to enter the Event Area or located on the Event Area, weapons or other dangerous items, alcoholic beverages, explosives, pyrotechnics and fire hazardous substances, as well as narcotic and psychotropic substances, a member of the Security Service or Information, or the Security Staff, apprehends the person who has found these items in the checked luggage or clothing and, after their collection, draws up a report on this activity, and then hands the person over to the Police together with the items collected.

30. The Organizer designates the following Division Zones of the Event Venue:
- Concert Zone (Mass Event Zone);
- The Fair Zone, which includes, among others Kids Zone, Cinema Zone;
Event participants are required to read the regulations of individual Zones.
31. The organizer ensures fire safety by ensuring that:
a) service staff, Security and Information Services, Security Staff and the Organizer must know the location of handy firefighting equipment and hydrants and the rules of conduct in the event of a fire;
b) Security and Information Services, as well as Security Staff, must be trained in: rules of evacuation, methods of alerting the fire brigade, rules of using handheld firefighting equipment, and providing first aid.

32. During the Event, the Organizer, Event Participants, contractors and persons working in the preparation and implementation of the Event, as well as other people present at the Event Area or in the Zones, undertake to comply with the provisions of the Act on Upbringing in Sobriety and Counteracting Alcoholism. Alcohol sold in the Fair Zone may only be consumed in this zone, except for beer up to 3.5% alcohol content.

V. RIGHTS AND OBLIGATIONS OF THE EVENT PARTICIPANTS:

33. The Organizer informs that due to the large number of Event Participants and the necessary control and security measures applied when entering the Event, Event Participants are required to arrive at the Event site in advance.

34. Due to the limitations related to the state of the epidemic, the Organizer reserves the right to refuse admission to the Event to people who have purchased a Health Pass Concert Ticket but on the day of admission to the event do not have a valid Vaccination Certificate, as well as to people with an ID obtained on the basis of the Resident Card or Entry Code.

35. The Organizer informs that the Event Participant or another person staying at the Event Area or other Organizer's Area will be constantly in the zone of loud sounds that may cause hearing damage. Strobe lights and pyrotechnic effects may be used during the Event.

36. The Participant of the Event acknowledges that participation in the Event may be associated with the risk of infection with the SARS-CoV-2 virus, in particular in the event of failure to comply with the rules of conduct established by the Organizer, applicable regulations, guidelines or recommendations of the relevant government administration bodies, and exempts the Organizer from any liability in this respect.

37. The Organizer informs that due to the prevailing epidemic situation, Event Participants are obliged to observe the principles of social distancing, in accordance with applicable regulations, guidelines or recommendations of competent government administration bodies and the Organizer's Guidelines for epidemic safety.

38. The Organizer also records the course of the Event for the purposes of documentation and promotion or advertising of the Event and events in future years, the Organizer and sponsors.

VI. SPECIAL PROVISIONS CONCERNING EPIDEMIC SAFETY

39. In connection with the announcement of an epidemic threat in the territory of the Republic of Poland, the Organizer informs:
a) In accordance with applicable regulations and with:

• "Guidelines for organizers of cultural and entertainment events during the SARS-CoV-2 virus epidemic in Poland" announced by the Ministry of Culture and National Heritage, the Ministry of Development and the Chief Sanitary Inspector, as well as
• "Guidelines for trade fair organizers during the COVID-10 epidemic in Poland" of the Ministry of Development, Labor and Technology together with the Chief Sanitary Inspectorate,
Persons with symptoms indicating infection with the SARS-CoV-2 virus and persons under quarantine or under epidemiological supervision may not participate in the Event. In the event of any of the circumstances mentioned in the preceding sentence at the Event Participant, the Event Participant is obliged to immediately inform the Organizer of this fact.

b) In order to prevent the spread of the SARS-CoV-2 virus, in accordance with the applicable regulations, guidelines or recommendations of the relevant government administration bodies and the Organizer's Epidemic Safety Guidelines, Event Participants are required to have personal protective equipment on the Event Venue, specified in the Organizer's Guidelines in the field of epidemic safety, as well as to comply with the currently binding orders, bans and restrictions. Information on the currently applicable rules of conduct is available at www.opener.pl, and at the entrances to the Event Venue and the Zones. The Participant of the Event is obliged to read the Organizer's current Epidemic Safety Guidelines. The Organizer has the right to refuse entry to the Event and to remove from the Event Area and from the Zones, Event Participants who do not comply with the applicable rules of conduct, without the right to complaints and other claims.

c) The condition for participation in the Event is that the Participant of the Event declares that, to the best of his knowledge, he is not a person infected with SARS-CoV-2 and is not in quarantine or under epidemiological supervision. Moreover, the Event Participant who has the Health Pass Concert Ticket is obliged to confirm that he / she has a valid vaccination certificate when submitting the declaration. Such declaration also contains the name and surname and date of birth of the Event Participant as well as contact details enabling contact with the Event Participant or his Legal Guardian after the end of the Event - telephone. The form of the declaration is specified and made available by the Organizer.

d) The declaration referred to in point 39 c) The Event Participant submits on the day of the Event, in the manner specified by the Organizer. The statement form template will be available on the website www.opener.pl, at the latest 7 days before the Event.
e) Failure by the Event Participant to submit the statement specified in point 39 c) will result in refusal to enter the Event, without the right to complain.
f) Personal data of the Participants included in the declarations referred to in point 39 c) they can be made available to the relevant services performing epidemiological supervision in a given area.
g) The administrator of personal data contained in the declarations referred to in point 39 c) is Alter Art Festival Sp. z o.o. with headquarters in Warsaw at ul. Kazimierzowska 14, entered into the Register of Entrepreneurs by the District Court for the Capital City of Warszawy w Warszawie, XIII Commercial Division of the National Court Register under the number KRS: 227624, NIP: 586-21-41-557. Personal data is processed in order to prevent the spread of SARS-CoV-2 virus. Providing personal data is voluntary, with the provision that refusal to provide personal data indicated in point c) and health data will result in refusal to enter the Event. The legal basis for the processing of personal data is their necessity to achieve the goals resulting from the legitimate interests of the administrator, consisting in preventing the spread of the SARS-CoV-2 virus.
h) Personal data of the Participants included in the declarations referred to in point 39 c) will be kept by the Organizer for a period of 2 weeks or for a longer period, if it proves necessary to achieve the goals resulting from the legitimate interests of the administrator, including for the purpose of pursuing claims or defending against claims.
i) The data subject has the right to request the administrator to access his personal data, rectify it, delete or limit processing, the right to object to the processing and the right to transfer data, as well as the right to lodge a complaint with the supervisory authority

VII. COMPLAINTS:

40. Any complaints may be submitted to the following correspondence address of The Promoter, within 21 days from the closing date of Event:
ALTER ART FESTIVAL SP. Z O.O.
ul. Kazimierzowska 14,
02-589 Warszawa.

41. The complaint needs to include the name, surname and mailing address of a person filing a complaint, as well as reason of a complaint and the content of the claims.

42. The Promoter recognizes the complaints filled according to the point 40 and 41 here above and responses within 21 days since the day the complaint was delivered to the Promoter.

43. Exhausting the complaint is voluntary and is not the condition of submitting claims.

44. The administrator of personal data is ALTER ART FESTIVAL SP. Z O.O. with headquarters in Warsaw, Kazimierzowska 14. Personal data are processed in order to resolve 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 objectives resulting from legally justified interests pursued by the administrator, subject to 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 was collected, unless there is a technical, legal or other important reason justifying the removal, destruction or anonymization of these data.

45. A person who the data regard has the right to request the administrator to access his 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.

VIII. PENAL PROVISIONS UNDER THE ACT:

46. Anyone who fails to comply with an order issued under the Act on the Safety of Mass Events or by Security or Information Services, shall be subject to the penalty of restriction of liberty or a fine pursuant to the provisions of Art. 54 sec. 1 of the act on safety of mass events.

47. Whoever brings or possesses weapons, other dangerous objects, explosives, pyrotechnic products or fire-hazardous materials at a mass event, shall be punishable by a fine, restriction of liberty or imprisonment (Article 59 (1) of the Act on the Safety of Mass Events).

48. Whoever, knowing that he or she is affected by an infectious disease, directly exposes another person to contracting such a disease, shall be punishable by imprisonment from 3 months to 5 years. If the perpetrator of this act exposes many people to infection, he or she is subject to the penalty of deprivation of liberty for a term of between 1 and 10 years (Article 161 § 2 and § 3 of the Criminal Code).

IX. FINAL PROVISIONS:

49. All rights to the name and logo of Event are reserved for the Promoter. Official programmes and Event-related merchandise will be sold exclusively at Event Venue or in the points of sale authorised by the Promoter.

50. The status of the sponsor of Event is granted exclusively by the Promoter.

51. The Terms and Conditions are available:

- at the festival website, i.e. www.opener.pl
- in Open’er Park Mobile Application;
- at the Promoter’s information points;
- in the Promoter’s box offices
- at the entrances to the Festival Area and selected Zones.
52. Any correspondence to the Promoter must be sent to the address specified in point 40, in writing.

53. Security and Information Service, as well as Security Staff may issue their own safety and fire instructions in accordance with the provisions of the law in force.

54. In the matters not defined by Terms and Conditions, the provisions of The Mass Events Safety Act, and in the scope of Security Staff – provisions of the Act of 22 August 1997 on Protection of Persons and Property shall apply.

55. The Terms and Conditions come into force on June 21, 2021.

56. The promoter has the right to change these Regulations, in particular due to the need to ensure the proper course of the Event and the safety of the Participants. Promoter informs of the changes in the Terms and Conditions on the festival website, that is www.opener.pl.

Warsaw, June 21, 2021

 

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