Dock's Docs

Article 1 : The organizers and content of the competition

1. The Polish National Audiovisual Institute (NInA), a public institution under Polish law, seated in Warsaw at 3/5 Wałbrzyska Street, 02-739 Warszawa, Tax Identification Number 525-234-20-56, entered under the number RIK 59/2005 into the Cultural Institutions Register kept by the Minister of Culture and National Heritage, in co-production with the French l’Institut National de l’Audiovisuel (INA), an industrial and commercial public institution under the French law, entered into the Corporate nad Trade Register in Créteil under the number 302 421 193 B, seated at 4 avenue de l'Europe, 94366 Bry-sur-Marne, France (hereinafter referred to as “Organizers”), in technical cooperation with the Dailymotion company are organizing a free competition which will be held from 7 February to 30 April 2011 according to the rules specified hereunder (hereinafter referred to as "Competition").
2. The participation in the Competition shall consist in sending the video material (hereinafter referred to as “the Video”) which should last up to 5 minutes, be developed and executed on the basis of archive images (hereinafter referred to as “the Archives”) provided on line by the Organizers, and the subject of which should be the presentation of the history of Gdańsk Shipyard and the Solidarity movement. To this end, the Organizers will provide the Participants with a selection of archive images on the history of Gdańsk Shipyard and the Solidarity movement to be freely used and reworked. The Archive images will be downloadable online at the address: www.dailymotion.com/gdanskremix_en.
3. For the purpose of the Competition, the participant (hereinafter referred to as “the Participant”) may use all or any part of one or more of provided Archive images, depending on their intents, as well as other contents of their choice, whether of their authorship or that of the third party, save that the use of such contents will not breach any protection rights of third parties, in particular copyrights and neighboring rights as well as the right of publicity and the right of privacy, which the Participant warrants to the Organizers by accepting these Rules.
4. During the term of the Competition, the Organizers allow the Participants (hereinafter referred to as “the Participants”) to reproduce, represent, adapt and disseminate the Archives that they have been provided with, which should be done solely for the purposes of the Competition, excluding any other purpose, whether commercial or not. It is forbidden to use Archive materials, whether integrated or not into the Video, for purposes other than the purpose of the Competition.

Article 2 : Eligibility

1. The Competition shall be open to any individual except for staff members of the Organizers and the technical Partner – Dailymotion company, as well as their relatives and individuals who have been involved in the development and the execution of the Competition.
2. Should the Participant be under the age of majority, the person holding parental responsibility shall adhere to all the provisions of these Competition Rules. The responsibility for the participation of such minor individual should entirely be borne by the holder of the parental responsibility over them.
3. In order to register for the Competition (hereinafter referred to as “Registration”) it is required to sign the Conditions and send the Video to the Group (as mentioned in Art.4) available at www.dailymotion.com/group/gdanskremix. Only one registration per Participant under one address and one single name (IP number) will be accepted. The registration will only be valid if all the fields in the form have been correctly filled in and if the form has been sent within the date (registration deadline date and hour) provided for in Article 1 of these Competition Rules. The Organizers reserve themselves the right to proceed to all the checks that they find necessary in order to verify the accuracy of data provided in the registration form. Any incorrect data will automatically result in the exclusion of the Participant from the Competition.
4. The Competition is open free of charge and is available at www.dailymotion.com Website, at the date and hour set forth in the Participation Requirements, in Article 4 below. The acceptance of these Competition Rules as well as General Operating Rules of Dailymotion Webpage shall be the prerequisites for the participation in the Competition.

Article 3: Prizes

1. The following prizes are offered in the Competition :
   • 1st prize: the training in Ina Sup, of the total value of € 3000 and the VIP invitation to the European Culture Congress, which will take place in Wroclaw, between 8 and 11 September 2011 (travel* and accommodation arrangements for 4 nights to be covered by the Organizers), to take part in the award ceremony and the show of the winning Videos.
   • 2nd prize : the training in Ina Sup, of the total value of € 2000 and the VIP invitation to the European Culture Congress, which will take place in Wroclaw, between 8 and 11 September 2011 (travel* and accommodation arrangements for 4 nights to be covered by the Organizers), to take part in the award ceremony and the show of the winning Videos.
   • 3rd prize : the training in Ina Sup, of the total value of € 1000 and the VIP invitation to the European Culture Congress, which will take place in Wroclaw, between 8 and 11 September 2011 (travel* and accommodation arrangements for 4 nights to be covered by the Organizers), to take part in the award ceremony and the show of the winning Videos.
2. The winners shall not replace or exchange the awarded prize for any other prize, nor may they claim for their exchange against any cash equivalent.
3. The prize may not be assigned and the participants will be informed that they must not sell or exchange their awarded prizes.

Article 4 : Participation Requirements

1. The details of the Competition are disseminated on the Internet, via www.dailymotion.com Website (hereinafter referred to as “the Website”), and are also displayed in advertising banners on the Website of the Organizers.
2. The Participant should :
   • have a Dailymotion account : should the Participant be not registered on the Website, they may do it, free of charge, by filling in the questionnaire available on the Website, at the address http://www.dailymotion.com/register. To this end, they need to give their nickname (login), valid e-mail address, date of birth and gender.
3. The Organizers reserve themselves the right to exclude from the Competition any individual who does not completely and entirely observe these Competition Rules.
4. Shall be excluded by the Organizers any Video which is :
   • contrary to good manners or public order, in particular one which is vulgar or obscene;
   • is not compliant with the applicable laws and regulations, in particularly those on the copyrights and neighboring rights, the right of publicity and industrial property rights.
5. Should the Video be or have just been identified as one covered by the abovementioned cases, the Organizers reserve themselves the right to either request from the Participant to send another Video to the Group or to temporarily or definitely block the participation of the latter in the Competition.
6. The Video shall be eligible for the Competition and disseminated when it meets the following technical requirements :
   • Maximum file size: 150MB
   • Recommendations :
     − Formats : MP4 (H264), MOV, WMV, AVI
     − Resolution : 640 x480 ou 320x240
     − 25 frames per second (frame tape or fps)
7. The competition will be closed for participants on 30 April 2011 midnight time. Registration after deadline will not be taken into account by the Organizers.

Article 5 : Winners Selection Procedure

1. In May 2011, the jury appointed by the Organizers and made of several important representatives of the audiovisual sector and of the Organizers of the Competition will select 3 winning Videos from among all the Videos sent for the Competition.
2. The list of winners will be communicated by the Organizers to their technical partner – Dailymotion company, which will notify the winners and will give them details of further action, by e-mails sent at their addresses given at the registration on the Website.
3. The list of winners (hereinafter referred to as “the Winners”) will be published in May 2011 on the websites of the Organizers and the Partner.
4. The decision of the jury of the Competition shall be final and irrevocable.
5. The prizes will be awarded only after signing the agreements for the assignment of rights to the Video (non-exclusive license) for further use of winning Videos by the Organizers.
6. Any unusable contact data (data which is incomplete or inaccurate or the address of which is false) of a given Participant shall not be taken into account. The winner will lose their prize, which will remain the property of the Organizers. Moreover, the Organizers will not be held liable for the impossibility of getting in contact with the Winner.
7. No mail will be sent to non – winning Participants.
8. Apart from the rights assigned pursuant to the General Operating Conditions of the Website, the Winners shall grant the Organizers, at the announcement of the final results of the Competition, without consideration and on a non-exclusive basis, the license to use the Video, without any restriction to the territory and during a ten-year period, including the right to grant sub-licenses, for the following scope of use:
   • Recording on any medium, in particular audio and video media, photosensitive films, magnetic tapes, computer disks, multimedia tools and digital networks, including the Internet;
   • Reproduction by any means, including the one with the use of magnetic technology on videotapes, audio and audiovisual disks, with the use of analog and digital technology, electronic recording, digital networks, in particular the Internet;
   • Presentation and show to the audience;
   • Adaptation, in particular translation, including the right to sell and use the adaption;
   • Change of media on which the Video has been recorded or reproduced ;
   • Recording on the computer memory card and introduction into digital networks ;
   • Use in multimedia artwork;
   • Provision and use of the Video on the Internet, either integrally or in pieces selected by the Organizers, their website included.
9. The granting of the license to the Organizers as well as its execution shall not entitle the Winners to any form of remuneration.
10. The Winners will be requested to sign the document executed by the Organizers which will constitute a formal basis for the assignment of rights to their Videos. In the absence thereof, the Organizers reserve themselves the option to select another winner.
11. Every Participant declares and warrants that : (i) the Video that they submit for the purpose of the Competition is the work of their authorship; (ii) without prejudice to the rights of the Organizers and other owners of the rights to the Archives, they hold exclusive authorship property rights over their Video; the Video is not pledged with any right of a third party, independently of the title thereof; the Video does not violate, generally, applicable laws and regulations as well as the interests and rights of third parties.
12. Every Participant undertakes to satisfy, at their own cost, the claims of third parties stemming from the violation of the rights of the latter, being the result of the inaccuracy of the abovementioned declarations and warranties and, should the Organizers be further sentenced for these same reasons, to cover by means of the intervention of third parties or to reimburse at the first request, the total amount of damages paid, including the costs of proceedings, solicitor, expert and other counsel fees. Moreover, every Winner undertakes to stand up, at their own cost, at the request of the Organizers or a competent authority, in any proceedings involving the Organizers as a result of using their Video pursuant to the license granted to them by the Winner.

Article 6: Personal Data Protection

1. By registering in the Competition, the Participants agree for the processing of their personal data by the Organizers and Dailymotion company for the purposes of the Competition, in compliance with the conditions set forth by the provision of the Act on the Protection of Personal Data of 6 January 1978 and its further amendments. The responsibility for the processing of personal data collected for the purpose of the Competition, within the meaning of the abovementioned Act, shall be borne by the Organizers.
2. In accordance with the law above, Participants shall have the right to object, access, revise and withdrawal personal information submitted in the contest. To do so, they will send a written request addressed to Dailymotion (vide legal terms).
3. All information provided on the Website is solely the responsibility of Dailymotion in relation to processing personal data.

Article 7: Limitation of liability

1. The Participants in the Competition should know and accept the characteristics and limits of the Internet, in particularly in terms of their technical capacities, response time during consultation, queries, data transfer, interruption risk, and more generally any risk inherently linked with Internet connection and data transmission, the lack of measures to secure some data against possible acts of embezzlement, as well as risks of contamination with viruses and malware circulating on the Web.
2. Therefore, the Organizers and their technical partner, Dailymotion company, shall not, in any case, be held liable for the following :
   • the contents of the services entered on the Website, and, more generally, any information or data disseminated via the services on the Website;
   • the transfer or the reception of any data/information on the Internet ;
   • any cases of malfunctioning of the Web hindering the smooth operation/functioning of the Competition;
   • any failure of the reception devices or communication lines;
   • any loss of paper or electronic mail, and more generally, the loss of any data;
   • any disturbances in energy supply ;
   • the operability of software;
   • the consequences of viruses, bugs, faults or technical failures;
   • any damage caused to the computer of the Participant in the Competition;
   • technical, material or software failures of any type, which either prevented or restricted the possibility to take part in the Competition or which has damaged the operating system of the Participant’s computer.
3. The Organizers, as well as their technical partner, Dailymotion company, may not be held liable for any damage, whether direct or indirect, resulting from the breakdown or failure of any type, from the suspension or the cancellation of the Competition, or from the connection to the Website. It is the Participant’s responsibility to take any appropriate measures in order to protect their own data or software stored on their IT equipment against any attacks. The connection to the Website as well as the participation in the Competition shall be left at the entire responsibility of participating individuals.
4. The Organizers and their technical partner, Dailymotion company, would not be held liable if, for the reasons beyond their will and control, the Competition needed to be either changed or cancelled.

Article 8. Competent court

1. In any matters not covered by these Competition Rules, the provision of French law shall be applicable.
2. Any dispute arising in relation to the interpretation or execution of these Competition Rules which has not been resolved amicably shall be settled by the competent French court.
3. If a dispute arises, information derived from the system of Competition by the Organizers or the Partner shall provide conclusive evidence of what was in them attested, with the exception of obvious errors.
4. Any fraud or attempted fraud by a Participant during the Competition will result in the exclusion of the latter and may lead to legal charges.