Terms and conditions of Debut 2021

PUBLIC CONTEST “Debut 2021”

pursuant to provisions of § 847 et seq. of the Civil Code no. 40/1964 Coll., as amended

(hereinafter only the “contest”) 

  1. Announcer of the contest:

Commercial name: Hevhetia, s.r.o.

Registered seat: Hroncova 2, 04001 Košice

Company ID: 362 073 31

Tax ID: 202 006 16 48

VAT ID: SK 202 006 16 48

Represented by: Ing. Ján Sudzina

(hereinafter only the “Announcer”).

  1. Contact person: Ing. Ján Sudzina, hevhetia@hevhetia.sk, +421 911 108 061
  1. Contest registration and participation requirements:
    1. The subject of the contest is the creation of a work – the release of an album under the Hevhetia record label and the release of an album under the Hev-Het tune
    2. The contest runs from 20 October 2021 to 31 March 2022 (hereinafter referred to as the “contest period”).
    3. The contest is open to individuals as well as groups without limiting the number of members who meet the conditions for participation in the contest presented in this contest declaration (as well as their amendments) and in generally binding legal provisions (all together hereinafter only the “Terms and Conditions”) and who, at the time of the contest, fill in the registration form located on the website www.hevhetia.com (hereinafter referred to as the “contest website”).
    4. The registration form must be accompanied by at least one and a maximum of three demos of songs in the *.mp3 format that the performer or group wants to present (hereinafter referred to as “contest recordings”). Each contest recording must be the result of the contestants’ own creative intellectual work as performers.
    5. At the same time, the Contestants undertake not to grant consent to third parties to any publication, issuing or use and distribution of the contest recordings during the Contest period without the prior written consent of the Announcer, or not to use all or part of the contest recordings to create other works.
    6. The age of each contestant or member of each participating group must be at least 15 (fifteen) years on the day of his/her registration for the contest. If contestant member does not have full legal capacity as of the date of his/her registration for the contest (i.e. has not reached the age of 18 (eighteen) years or his/her legal capacity is otherwise limited), written consent by the legal representative of each such member with the participation of such a member in the contest is needed for the contestant to take part in the contest. Consent by the legal representative of a contestant must be printed, signed by the legal representative of the contestant and sent by post to the following address: Hevhetia, s.r.o., Hroncova 2, Košice 040 01 no later than 31 March 2022. The crucial date for assessing the timeliness of delivery of consent of the legal guardian is the date of submitting at the post office. The package must be marked with the words “DEBUT 2021”. The Announcer does not reimburse any costs associated with sending the consent of the legal representative to the contest.
    7. The maximum age of the contestant is 30 years (inclusive). The crucial date for determining the age is the date as of the end of the possibility of sending the contest recordings (31 March 2022). In the case of a group of performers, the age is calculated by averaging the ages of the individual members of the group.
    8. Contestants who have sent the registration forms and/or contest recordings to the contest outside the registration period, who have sent registration forms not including all the required data, or containing false or incomplete information, who have submitted to the contest entries that do not meet the required format or range, or who have submitted registration forms and/or entries to the contest that do not otherwise meet the Terms and Conditions of the contest will not be included in the contest. The Announcer reserves the right of final assessment of all registration forms and contest documents submitted to the contest.
    9. The Announcer reserves the right to not publish or to subsequently exclude (block) from the contest website, without notice and any compensation, contest recordings that contravene good morals, generally binding legal provisions or that may damage the good reputation of the Announcer and/or its products and services or are otherwise in violation of these Rules. These are, in particular, expressions containing elements of pornography, racism, violence, elements threatening morality, unfair contest statements, expressions contrary to intellectual property rights, expressions promoting or otherwise depicting various psychotropic and narcotic substances.
    1. Criteria for evaluating entries
      1. Evaluation of the entries will be made by an expert jury. The expert jury is made up of 5 (five) members, who may be personalities of the cultural scene, or other persons according to the choice of the Announcer. The Announcer shall determine the members of the expert jury and will publish their names on the contest website on an ongoing basis.
      2. In the period from 1 April 2022 to 30 April 2022 inclusive the expert jury will assess the contest and one contestant shall be declared the “Debutante Hevhetia” and one contestant shall be declared the “Debutante Hev-Het tune” and obtaining the 1st (first) prize of the expert jury.
      3. The Announcer reserves the right not to award the 1st prize of the expert jury.
      4. There is no legal claim for awarding a prize.
      5. After the contest is evaluated, the Announcer will contact the contestants by telephone and/or e-mail without undue delay after the voting of the expert jury, and at a personal meeting and/or in another suitable manner the conditions of further cooperation and conditions of concluding contracts according to par. 5 letter a) of these Terms and Conditions shall be agreed with them. If, despite repeated attempts (minimum 3 attempts), it is not possible to successfully contact the contestant, the expert jury will select a substitute for this contestant on the basis of its choice from the other contestants. The voting of the expert jury is not public and is final.
      6. Contestants and their members are obligated to accept the schedules of meetings with the Announcer and/or persons authorised by it. A contestant will be notified of the date of the meeting at least 3 (three) days in advance by telephone at the telephone number specified in the registration form and/or by an e-mail message sent to the address specified in the registration form. In the event that the contestant is unable to take part in the meeting, he/she shall notify the Announcer in good time. If possible, the expert jury will in this case select an alternate in this case based on its choice of other contestants.
      7. Any costs associated with a contestant’s participation at a meeting (e.g. travel costs, meals, etc.) shall be borne in full by the contestant exclusively.
    2. Expert jury prize
      1. The prize of the expert jury is the right to conclude a contract with the Announcer, the subject of which will be the creation of an artistic performance and the assignment of publishing rights, all particularly with the intentions presented in par. 6 and 7 of these Terms and Conditions.
    3. Personal data and personal rights
      1. By registering for the contest, contestants and all their members express their full and unconditional agreement with the contest Terms and Conditions and undertake to fully comply with them.
      2. By registering for the contest, all contestants members (hereinafter in this paragraph of the Rules also the “data subjects”) grant to the Announcer consent to the processing of all personal data provided. The Announcer is authorised to process the personal data of the data subjects particularly for the purposes of the contest, its promotion and evaluation, as well as the presentation and promotion of the Announcer, its products and services, for organising additional contests and sending the mentioned related information, or for other marketing purposes (namely also through electronic communications pursuant to Act No. 610/2003 Coll., on Electronic Communications, as amended). Consent with the processing of personal data is granted voluntarily for an indefinite period of time and can be revoked at any time in writing, by registered letter. The Announcer may process personal data until the consent is revoked. The personal data may be published free of charge in the mass media (including on the Internet) and/or in the Announcer’s promotional materials, which the data subject expressly agrees to by registering for the contest. The Announcer may also process the personal data of the data subjects by means of another subject, including one located outside the territory of the Slovak Republic. To the same extent and under the same terms, consent is also granted to the Announcer to the use of data of the data subjects that do not have the character of personal data. The provision of this paragraph also related to all data of the legal representative of a contestant member (both personal data and data that do not have the nature of personal data), which were provided to the Announcer by filling in and sending in the consent of the legal representative under par. 3 letter f) of the Terms and Conditions.
      3. By registering for the contest, the data subjects grant to the Announcer consent that the Announcer is entitled, among others, to use free of charge for the purposes of conducting the contest, its promotion and evaluation, as well as promoting the Announcer, its products and services, for organising other contests or other marketing purposes, the name, surname, address, age and other components of the personal rights of the contestant and data subjects, especially to publish and disseminate them free of charge in the mass media (including the Internet) and the Announcer’s promotional materials, as well as to make records of the likeness of the contestant and its members and other image, sound and audio-visual recordings and to further to publish and disseminate them free of charge in the mass media (including the Internet) and the promotional materials of the Announcer. Consent under this point of the rules is granted for the duration of the contest and for a period of five years after its end.
    4. Copyright and declarations of a contestant and its members
      1. By registering for the contest, a contestant and all its members (hereinafter in this paragraph of the Rules also “authorised persons”) grant to the Announcer non-exclusive consent to the use of contest recordings sent to the contest or photographs taken in connection with the contest or awarding of prizes (hereinafter only photographs, all together hereinafter referred to as the “Work”) in a manner at the discretion of the Announcer. In the sense of the above, the Announcer is authorised in particular for:
        • making a copy of the Work,
        • public distribution of the original Work or reproduction of it by sale or other form of transfer of ownership,
        • public distribution of the original Work or its reproduction by leasing or lending,
        • processing, translating and adapting the Work,
        • inclusion of the Work in a collected work,
        • public exhibition of the Work,
        • public performance of the Work,
        • public broadcast of the Work.

Consent is granted free of charge as a non-exclusive license, without restriction to territorial or material scope. The Announcer is authorised to sublicence or assign the licence to a third party to the extent of the consent granted. The Announcer is authorised to make the Work available to the public, in particular through the press, radio, television, the Internet, promotional materials and other suitable means. Authorised persons in relation to their Work expressly exclude the collective management of rights by the relevant collective management organisation. The Announcer is not obligated to use this licence.

      1. If the contest compositions and/or the photographs or part of them have the character of a recording of an artistic performance of a performer or the character of a different expression protected pursuant to Act no. 618/2003 Coll. on Copyright and Rights Related to Copyright, as amended (hereinafter only the “CL”) or if any performance of the contestant and its members or its element or part has the character of an artistic performance or some other expression protected under the CL (hereinafter all together only “Subject of Protection”) by registration in this contest, the authorised persons grant the Announcer a non-exclusive license to use them. The Announcer is in particular authorised for:
          • public broadcast of unrecorded artistic performance (Subject of protection),
          • making an original record of an artistic performance (Subject of protection),
          • making a copy of the record of an artistic performance (Subject of protection),
          • public distribution of the original record of the artistic performance (Subject of protection) or its reproduction by sale or other form of transfer of ownership,
          • public distribution of the original of a recording of an artistic performance (Subject of protection) or a copy thereof by leasing or lending,
          • making available to the public the record of the artistic performance (Subject of protection).

Consent is granted free of charge as an exclusive licence, without territorial or material limitation. The Announcer is authorised to sublicense or assign the license to a third party in the range of the consent granted. The Announcer is authorised to make the artistic performance, its recording and/or other expression protected in the sense of CL (the Object of Protection) available to the public especially through the press, radio, television, the Internet, promotional materials and other suitable means. Authorised persons in relation to the Subject of Protection expressly exclude the collective management of rights by the relevant collective management organisation. The Announcer is not obligated to use this licence.

  1. Liability and sanctions
    1. The contestants and their members are obligated to provide true and complete information at the registration and at any stage of the contest.
    2. By registering for the contest, the contestants and their members expressly confirm that:
      • neither their participation in the contest nor the use of contest compositions and photographs under the Rules will infringe on the rights or legitimate interests of any other subject;
      • they have available all consents, which they grant in accordance with these Rules in full;
      • If any contest composition and/or photograph or part of them has the character of a recording of an artistic performance of a performer or the character of another expression protected in accordance with CL, Act no. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the “CC”, in particular § 12 of the Civil Code), or other generally binding legal provisions, performed by another person, the contestant and its members have available the consent of such person in the range needed for granting all the consents under these Rules. If this person does not have full legal capacity (i.e. has not reached the age of 18 (eighteen) years or his legal capacity is otherwise limited), the contestant and its members confirm that they also have the consent of such person’s legal representative in the range necessary.
    3. Contestants and their members have full responsibility towards third parties in connection with the provision of contest compositions, photographs and the granting of permissions under these Rules, including third party claims made in connection with legal provisions governing and defining copyright, personality protection, personal data protection and other generally binding provisions. If it becomes apparent that a contestant and/or its members have infringed on the rights of a third party, specifically copyright or personal rights, they are fully liable for such infringement. If, as a consequence of the actions or omissions of a contestant and/or its members, or due to the absence of consents, the granting of which was needed to ensure accordance with the rules of the contest, damage shall arise to the Announcer or other participating subjects, the contestants and their members are obligated to pay compensation in full. The Announcer is not responsible for the possible downloading and/or copying of the contest compositions and photographs from the contest website.
    4. Contestants and their members may not interfere in any way with the technical solution of the contest, especially the technical security of the server or web application on which the contest takes place, disrupt or endanger the operation of this server or web application.
  1. Final provisions
    1. By registering for the contest, all members of the contestant express their full and unconditional consent to the rules of the contest and undertake to comply with them in full.
    2. Participation in the contest or winning the contest cannot be legally enforced.
    3. Contestants are not authorised to any reimbursement of costs related to participation in the contest, unless these Terms and Conditions or the Announcers state otherwise.
    4. Contestants shall bear in mind that winnings may be subject to income tax in accordance with Act No. 595/2003 Coll. on Income Tax, as amended.
    5. The Announcer reserves the right to exclude a contestant from the contest, especially if the contestant is suspected of having achieved a result in the contest by fraudulent conduct or conduct contrary to the Rules of the Contest or conduct contrary to good morals (regardless of the fact or it will be the conduct of a member of the contestant or another person). This decision is final, without the opportunity to appeal.
    6. The Announcer reserves the right to change or modify the contest rules at any time, as well as the right to shorten, postpone, interrupt or cancel the contest, and may do so without giving a reason and providing compensation. Such a decision is in force from the date of its publication on the contest website.
    7. The Announcer reserves the right to make final decisions on all matters relating to this contest.
    8. The Announcer is not responsible for any technical problems associated with the contest, in particular problems in the operation of the contest web page, including problems on the part of the postal carrier, telephone operators or other subjects.
    9. In the event of a conflict between the contest rules or parts thereof stated on promotional materials or other materials and the text of these Contest Rules, the wording of these Rules shall apply.

In Košice on 19 October 2021

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