RULES AND REGULATIONS OF
COMPETITION A BROKEN PIECE OF MISERY,
held as part of the Kraków Art Salon
Kraków Art Salon is a project conducted in community space that promotes visual arts as a field of culture. The essence of the project is to reinforce the visibility of visual arts by conducting an event addressed to mass audiences. The formula of the event combines a contemporary format and festival intensity with the historical formula of an artistic salon. Kraków Art Salon is a regular municipal cultural event that includes a Competition with prizes, and exhibition of latest works by artists connected to Kraków, and an auction of works of art.
This year’s edition of the Kraków Art Salon (henceforth: Salon) will be held in a modified formula due to the Covid-19 pandemic and its aftermath that shatters the culture ecosystem. Neither the exhibition nor the auction of works of art will be held this year. Therefore, the main activity of the Kraków Art Salon 2020 will be the COMPETITION A Broken Piece of Misery. The goal of the Competition is to award and pay out the Prizes to People and Places connected to Kraków and operating in the field of visual arts. The Commission for Breaking Scenes of Misery will be appointed to select Winners of the Salon, and become a voice of the, previously formally unrepresented, community that could be taken into consideration in developing long term strategies and cultural policies of the city.
Whenever the terms below are used in these Rules and Regulations, they are to be construed as:
Organiser – the Organisers of the Competition at the Kraków Art Salon, jointly referred to as the Organisers, are the Krakowskie Biuro Festiwalowe (Kraków Festival Office, KBF) with the registered seat in Kraków (30-311), at ul. Wygrana 2, a municipal institution of culture entered into the Register of Culture Institutions managed by the Municipality of Kraków at number 19, tax identification number NIP: 676-17-87-436, REGON identification number: 351210040, and Fundacja Artyści Innowacja Teoria (F.A.I.T.), with the registered seat in Kraków (30-103), at ul. Włóczków 11a/10, entered into the National Court Register for Kraków-Śródmieście in Kraków, 11th Commercial Division, at number 0000238531, tax identification number NIP: 676 23 00 494; REGON identification number: 120082835.
Competition – the COMPETITION A Broken Piece of Misery being an integral part of the Kraków Art Salon 2020, organised and conducted in accordance with the provisions of these Rules and Regulations, whose Winners are People and Places.
Application – all the data and the Work submitted through the Application Form.
Work – a work protected by the Act on copyright and related rights, construed as any manifestation of creative activity of individual nature, established in any form, regardless of its value, purpose and manner of expression, produced not before the 1st day of January 2019, and making a reference or possible to interpret through the title of the Competition that will be submitted by the Participant through the Submission Form.
Submission Form – an interactive file available from the www.krakowskisalonsztuki.pl website, which a Participant uses to submit their Application by providing the required data. The Form is also available from the above mentioned website in a PDF version, which allows downloading, printing, filling in manually, and sending by traditional mail.
Person (plural: People) – a natural person entitled to participate in the Competition, colloquially a freelancer, that is a person who is of age at the moment of submitting the Application Form and has full legal capacity. (There is no age limit other than the condition of being of legal age.) Moreover, such a person is connected to the broadly construed Kraków community (for example by having been born in Kraków, living in Kraków, having graduated from or studying at one or more of Kraków institutions of higher artistic education, and/or running their artistic projects in the Kraków milieu independent of education), as an artist practices the broadly construed visual arts, for example painting, drawing, sculpture, installation, object, photography, performance art, video or mixed media, or as a curator, critic or theoretician creates Works in the form of critical or theoretical texts, exhibitions, etc. Artistic groups and collectives that have no legal personality can only participate in the Competition in the capacity and category of Person/People, and are required to notify the Organiser about group authorship in the Application Form.
Place – an entity with a legal personality (e.g. foundation, association, gallery, whose fundamental scope of work is visual art, and its seat is in Kraków or dominant activity is conducted in Kraków. The term Place does not have to refer to the location where the activity is conducted.
Participants – Person or Place participating in the Competition.
Winner – Person or Place selected from among Competition Participants by the Commission for Breaking Scenes of Misery.
Commission for Breaking Scenes of Misery (i.e. the team of experts representing a broad spectrum of the visual arts community connected to Kraków, appointed by the Organiser). The number of members and the composition of the Commission are defined by the Organiser.
Prize – the pecuniary endowment granted by the Organiser to the Winners, in accordance with the provisions set out in these Rules and Regulations.
Rules and Regulations – this document.
§2 PURPOSES OF THE COMPETITION
The purposes of the Competition, being an integral part of the Kraków Art Salon 2020, are specifically, yet not solely:
a) Awarding and paying prizes to freelancers, self-employed, organisations and places running artistic activity related to the visual arts, and not being units of territorial authority and/or institutions of culture run by territorial authorities.
b) continuation of activity aimed at integration of the community, and exchange of knowledge and experience.
c) promotion of local artists – presentation of Winner lives, achievements, and works
d) building a foundation for long-term work on solutions that belong to the cultural policy of the city and serve the local visual arts community – appointment of the Commission for Breaking Scenes of Misery composed of experts and opinion leaders, and advisory body and the team working on real solutions for the city in matters related to the support of the culture and visual arts ecosystem of Kraków. the Commission will be appointed through a decision of the director of the Kraków Festival Office.
§3 CONDITIONS FOR PARTICIPATION
1. The following can participate in the COMPETITION A Broken Piece of Misery, part of the Kraków Art Salon:
2. Participation in the Competition is free of charge, which means that the Organiser charges no fees for Participant participation in the Competition, but nor do Participants receive any fees or have any costs related to the production and/or preparation of the Work reimbursed from the title of participating in the Competition.
3. The Competition is addressed to Participants connected to the broadly construed Kraków community.
4. There are no limits on the techniques, forms of recording, and media of the Work. The Work should make a reference to the title of the Competition and/or be interpretable through that title.
5. Works made no earlier than on 1 January 2019 can be submitted to the Competition, irrespective of whether they have been presented to the public since that date.
6. No Participant may submit more than one Work. An artistic collective/group may submit only one Work to the Competition. Submission of a Work made by a Participant as part of an artistic collective/group does not exclude the option of submitting an individual Work to the Competition in line with the provisions of the Rules and Regulations, with the proviso that such an individual Work is different from the one submitted by the artistic collective/group.
7. Entering the Competition, Participants are obliged to grant concessions and sign the statements contained in the Application Form. Information connected to the processing of personal data, the concessions granted, and the effects of failure to grant them are set out in §7 below.
§4 APPLYING TO THE COMPETITION
1. To participate in the Competition, a Participant applies by filling in the online Application Form using the website www.krakowskisalonsztuki.pl or prints the form downloaded from the website www.krakowskisalonsztuki.pl, fills it in, and either sends it by traditional mail or delivers to the seat of the Office in person.
2. Application Forms must be submitted from the 5th day of August 2020 to the 19th day of September 2020, with the proviso that the hardcopies of the Application Forms must be delivered by post to the Kraków Festival Office to the address: Krakowskie Biuro Festiwalowe, ul. Wygrana 2, 30-311 Kraków, Poland, marked as „KONKURS „Obraz nędzy i rozpaczy” w ramach Krakowskiego Salonu Sztuki” (meaning literally: “COMPETITION “A Broken Piece of Misery” part of the Kraków Art Salon”).
Decisive for compliance with the deadline are the date of the post seal, in case of paper versions of the Form, and the date of submitting the form via www.krakowskisalonsztuki.pl website. Submissions made after the indicated deadline will not be examined as part of the Competition.
3. The participant provides the following data in the Application Form:
a) PERSON – first name, last name, pseudonym (if applicable) or the name of the artistic collective/group, a short bio indicating relationships with Kraków or a brief description of the activity so far, description of the Work (according to the guidelines indicated in the Form), a portrait of the PERSON, reproduction/documentation of the Work submitted, bearing in mind that the provided materials will also be used as the Participant’s showcase during other promotional and informational activities of the Competition and Salon.
b) PLACE – full name, registered address of the seat, KRS court registration number, NIP tax identification number, current transcript from the relevant register, a brief description of the activity so far indicating connections to Kraków, a description of the Work (according to the guidelines provided in the form), a graphic file providing the showcase of the PLACE (logo, selected photograph identifying the Participant, etc.), a reproduction/documentation of the submitted Work, bearing in mind that the materials enclosed will also be used as the Participant’s showcase during other promotional and informational activities of the Competition and Salon.
4. Together with the printed version of the Application Form, the Applicant is obliged to provide via regular mail the colourful reproductions/documentation of the submitted Work and the visual showcase in the form of printed photographs, or graphic files digitally recorded on a CD/DVD.
5. In case of electronic submission of the application, the reproduction/documentation of the Work and portrait mentioned in point 4 above should be sent as an attachment to the online application form.
6. Specification for graphic files recorded on a CD/DVD and in the online Application Form: JPG format, with minimum resolution of 300 DPI, maximum size of 1800×1800 pixels, and minimum size of 1200×800 pixels in the case of reproductions of works, and PDF format in the case of documentations composed of several pages, or text; in either case, the file size cannot exceed 10 MB.
7. In the case of Works of mixed-media or performative character, the Participant is additionally obliged to provide a detailed description of the Work in the application form, including dimensions, and photographic documentation of the project. The participant should enclose in the application form the files mentioned in points 5 or 6 above or 8 below, as appropriate for the form of submission of the Application Form (photographs or film describing/documenting the Work).
8. Video files can be submitted either as a link to a website/online storage, where they are kept, together with access passwords (optional) in the online Application Form in the case of online submissions, or on a CD/DVD in MP4 or AVI formats in case of submissions by mail.
9. No materials sent together with the Application Form will be returned to Participants after the end of the Competition.
§5 QUALIFICATION OF WORKS TO THE KRAKÓW ART SALON AND PROVISIONS GOVERNING PARTICIPATION
1. Works will be qualified to the Competition in two stages:
a) through formal and technical verification according to the provisions of §4 of the Rules and Regulations
b) through selection of Works by the Commission from among the correctly submitted Applications.
2. The Commission may turn to selected Participants and suggest organisation of a study visit or another form of additional contact, specifically if there are difficulties in the appraisal of the Work based on its photographic documentation and description.
3. Decisions of the commission are final and irrevocable.
4. The organiser of the Competition reserves the right to reject competition works at each and any stage of organisation of the Competition without justifying the reasons.
5. Information about the selection of the Works Winning and Awarded at the Competition selected in accordance with point 1 a) and b) above will be delivered to the Participants electronically, to the emails submitted in the Application Form, and will have been published on the website www.krakowskisalonsztuki.pl by the 5th day of October 2020.
§6 THE PRIZES
1. The Commission will select the most interesting Works from among the submissions made by the Applicants, and award them with pecuniary prizes. Selecting the Works, the Commission will be guided by the artistic values of the Work, its original quality and/or adequacy of the artistic toolbox to the subject tackled by the Work, and the interpretation of the title of the Competition.
2. Pecuniary prizes (henceforth: Prizes) will be awarded in the following categories and in the following amounts:
a) Person of the Year – 20 equal prizes of PLN 3500 gross (say: three thousand five hundred zloty 00/100 incl. tax) each
b) Place of the Year – 3 equal prizes of PLN 10,000 gross (say: ten thousand zloty 00/100 incl. tax) each.
3. The prizes mentioned in point 2 above are taxable along general principles in accordance with the applicable regulations of tax law in their respect (i.e., in the case of the obligatory taxation, a lump sum income tax of 10% will be deduced from the amount of the Prize).
4. The Commission has the right to award fewer Prizes in a given category, after taking into consideration the level of the submitted Works. Should that be the case, the pool of funds unused for the Prizes mentioned in point 2 above can be transferred from one category to the other, however, maintaining the original amount of individual Prizes. Awarding additional honourable mentions or distinctions of nonpecuniary character is also permitted.
5. Information about the results of the Competition will be announced on 5th October 2020 and published on the website www.krakowskisalonsztuki.pl.
6. Participants in the Competition are ensured a possibility of participating in person in the Award Presentation Ceremony, if its organisation is feasible.
7. The Prizes will be paid out to the Winners selected by the Commission, i.e. the ones named in the minutes from the session, within 30 (say: thirty) days from the date of announcing the results of the Competition, by a wire transfer, on condition that the Winner has previously submitted the identification data necessary for the Organisers to make such a transfer and to fulfil the obligations resulting from the binding tax regulations. The Organisers will inform each winner individually about the type of data that have to be disclosed.
1. Submission of the Application Form by the Participant is tantamount to:
a) reading and accepting these Rules and Regulations and the conditions for participation in the Competition
b) granting the Competition Organisers a non-exclusive consent to the performance and use of the reproduction/documentation of the Work submitted in the application form free of charge, indefinitely and without any territorial restrictions, in all possible forms, including printing, photography, audio and/or video, and consent to publishing, sharing, broadcasting and/or rebroadcasting such reproduction(s), in whole or in part, in all activities and publications related to the Competition and the Salon, also online, including materials of informative and/or promotional nature of the Competition and the Salon and the related activities of the Organisers, partners, and/or sponsors, including activities of archiving, reporting and information type
c) a declaration by the Competition Participant that the Work they submitted and all its components in the application form are the result of their and only their creativity and do not infringe on property and/or personal rights of third parties. The Participant also undertakes that until the end of the Competition they will make neither any dispositions concerning proprietary copyright and/or related rights, nor will grant any licenses to use these rights, nor will make any restrictions in exercising moral rights that would prevent the Participant from participating in the Competition, in particular by preventing the public presentation of the Work
d) the consent to use the Participant’s personal data, as well as their image and/or voice for purposes related to the organisation and conducting of the Competition, in accordance with the provisions of the Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC and the Act on Copyright and Related Rights of 4 February 1994 in force in Poland
e) the expression of irrevocable and free consent unlimited in time and territory to the publication of the portrait/visual showcase and biographical information/description of the Participant’s activities provided by the Participant and/or biographical content approved by the Participant prepared by the Organisers, as well as the provision of irrevocable, free, non-exclusive license unlimited in time and territory to publish the above-mentioned materials provided to the Organisers by the Participant, with the right to grant further approvals and further licenses and the same right to exercise derivative rights to these materials, encompassing the options of editing or abbreviating them in accordance with the needs of the Organisers, without affecting the information on the Participant contained therein, to be used in all known fields of use, in particular in all and any possible forms including printing, photography, audio and/or video, and consent to publish, share, broadcast and/or re-broadcast them in whole or in part, in all activities and publications related to the Competition and the Salon, also online, including materials of informative and/or promotional nature of the Competition and the Salon and the related activities of the Organisers, partners, and/or sponsors, including activities of archiving and reporting type
3. The administrator of the Participants’ personal data will be Krakowskie Biuro Festiwalowe z siedzibą w Krakowie (Kraków Festival Office) with its registered seat in Kraków, ul. Wygrana 2, 30-311 Kraków, a municipal institution of culture entered into the Register of Culture Institutions managed by the Municipality of Kraków under No. 19, NIP tax identification number: 676-17-87-436, REGON: 351210040.
§8 Upon submitting the Application, the Participant:
1) grants the Organiser a free and non-exclusive license unlimited as to time and territory to use the audio or audio and video recording of the Work, including in particular making it available, whether free or against a fee, in the form of audio or audio and video materials on remote access platform for multimedia materials administered by the Organiser, hereinafter called the Platform.
2) grants the Organiser a free and non-exclusive license unlimited as to time and territory to use any part or the whole submitted Work in the following fields of use:
a) recording the Work in all techniques/systems/types of recording on all types of means of storage, including magnetic, digital, photosensitive recording, and transcriptions of the recordings of the Work into different techniques/systems/types of recordings/means of storage, including magnetic, digital, and photosensitive recording media in an unlimited number of copies
b) reproducing the recording of the Work in an unlimited number of copies, on all and all means of storage, using all techniques, including magnetic, photosensitive, printing, reprographic, and digital recording techniques
c) exchange of the means of storage on which the Work was recorded and entering the recorded Work into the storage of computers and computer network servers, also generally accessible, such as the Internet, including online, downloading, webcasting, simulcasting, streaming, Internet Pay TV, Internet Free TV, VOD (in all its varieties), and stream (file) sharing of the broadcast programme(s) to users of such networks and services all over the world, also through telco networks, at locations and times of their choice, including VOD services via websites and portals, P2P, the Platform and other file sharing protocols; WITH THE EXCLUSION OF THEIR RECORDING BY THE END USER FOR THE PURPOSE OF MULTIPLE REPLAYING
d) multiple broadcasting of the Work (also as part of broadcast/streaming) using wired and wireless means of image and sound transfer, also stereophonically, whether through ground stations or satellite services, including the “digital platforms” around the world, to subscribers and consumers of all television broadcast systems (including broadcasting on the Internet network in all “on demand”, “pay per view” and other formulas, freely accessible to Internet surfers, etc.)
e) leasing and renting
f) granting permission to broadcast the Work to other entities, including television operators, including broadcasting over cable networks and digital platforms as well as over telco networks and generally available networks such as the Internet
g) public display of the Work
h) making the Work publicly available in a way allowing access to it to anyone at any place and time they choose (including sharing the Work on the Internet, e.g. on any websites and in any services
i) public performance of the Work (including using any analogue and/or digital devices, in particular equipped in the functions of storing and reading audio and/or video files, e.g. computers, radio and/or television sets, projectors and/or beamers, landline and/or mobile telephones, MP3 players , iPods, iPhones etc.)
j) analogue and digital broadcasting of video and/or audio streams (whether encoded or unencoded, paid or free of charge in any system, format or technology), wired and wireless whether through ground stations or satellite services, also through digital platforms, cable networks, telco connections, mobile TV, IPTV, DSL, ADSL, and any computer networks (including the Internet), etc.
k) analogue and digital rebroadcasting of video and or audio streams (whether encoded or unencoded, paid or free of charge, in any system, format or technology), also over digital platforms, cable networks, telco connections, mobile TV, IPTV, DSL, ADSL, and any computer networks (including the Internet), etc.
3) The Organiser obtains the right to make the Work available against payment or free of charge via the Platform in the above-mentioned fields of use.
4) The Participant shall ensure that the Organiser is granted an irrevocable authorisation by the authorised co-authors of the Work to supervise the use of the Work on the Platform and to decide on the first release of the Work to the public on the Platform.
5) The Participant grant the Organiser the right to use fragments of the recorded Work, also for purposes of promotion, advertising, audit and information, including interrupting the Work with commercials, announcements, sponsorship and promotional materials, as well as to commercial and non-commercial use of all or any parts of the Work, also for advertising and promotional purposes of the Platform, broadcast programme(s), Organiser and other projects connected to the Platform and Work, and with their creation, dissemination, and distribution.
The rules for the protection and processing of personal data by the Krakowskie Biuro Festiwalowe (Kraków Festival Office) with the registered seat in Krakow, ul. Wygrana 2, 30-311 Kraków, Poland, a municipal institution of culture entered into the Register of Culture Institutions managed by the Municipality of Kraków at number 19, tax identification number NIP: 676-17-87-436, REGON identification number: 351210040 in the capacity of the Administrator, hereinafter referred to as the Office, and Fundacja Artyści Innowacja Teoria (F.A.I.T.), with the registered seat at ul. Włóczków 11a/10, 30-103 Kraków, Poland, entered into the National Court Register – Register of Associations, Other Community and Professional Organisations, Foundations and Public Healthcare Establishments kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, at KRS number: 0000238531, REGON identification number: 120082835, tax identification number NIP: 676 23 00 494, hereinafter referred to as the Foundation, to whom the Office shall entrust the processing of personal data.
1. The Office has a designated data protection officer, Mr Łukasz Gajdecki, who can be contacted in all matters regarding the processing of personal data and the exercise of rights related to data processing, via e-mail at email@example.com or in writing to the address of the Office: ul. Wygrana 2, 30-311 Kraków, Poland, with “Inspektor Ochrony Danych” (literally: “Data Protection Officer”) stated in the subject line of the e-mail, on the envelope, or in the message.
2. In all matters related to the processing of personal data and the exercise of rights related to data processing, you can contact the Foundation by sending an e-mail to firstname.lastname@example.org or in writing to the Foundation’s address: ul. Włóczków 11a/10, 30-103 Kraków, with “Ochrona Danych Osobowych” (literally: “Personal Data Protection”) stated in the subject line of the e-mail, on the envelope, or in the message.
3. The Participant provides the following data in the Competition Application Form: first and last names/name, pseudonym, date of birth, contact telephone number, e-mail address, a bio indicating the Participant’s relationship with Kraków, portrait, title, technique and year of creation, and dimensions of the visual Work submitted to the Salon; moreover, at a later stage of the Competition being part of the Kraków Art Salon, the Participant may be additionally required to provide the address of residence and/or address for correspondence, PESEL number, NIP number, and/or other data necessary to fulfil the obligations that the Competition imposes on the Organisers (such as tax liabilities).
4. Personal data will be processed:
a) for the purposes and in the scope related to carrying out the Competition and the Participant’s participation in the Competition on the basis of the granted consent – legal grounds: Art. 6 point 1a of the GDPR
b) for archival purposes in the public interest, as well as for the purposes of possible determination, investigation or defence against claims, ensuring the safety of persons and property on the grounds of the legitimate interest of the Office – legal grounds: Art. 6 point 1f of the GDPR (for data specified in point 3 above).
5. Providing personal data in the Application Form is voluntary but necessary to participate in the Competition.
6. The data provided in the Application Form may be passed to entities that are technical providers of certain services related to the organisation of the Kraków Art Salon. Moreover, the personal data of the prize-winning Participants of the Competition consisting of their first and last will be made available to an unlimited circle of recipients by being published in the form of Competition results on the www.krakowskisalonsztuki.pl website and in the Organisers’ social media.
7. The Foundation and the Office will process Participant data for a period necessary to achieve the purposes for which they were collected abiding by the criteria set out in the law, including securing any claims, for a period not exceeding 6 years, provided that the personal data of the Competition Winners may be processed for a period longer than 6 years for information and promotional purposes of the Kraków Art Salon or in connection to the activities of the Organisers, including archiving and reporting.
8. The Participant providing personal data has the right to:
a) access the content of the Participant’s personal data and to obtain information, including information about the categories of data, the purposes of their processing, and also to obtain copies of such data
b) rectify incorrect and complete missing data, and to being forgotten, which means that the Participant has the right to delete data processed without justification and unlawfully (e.g. should the data no longer be necessary for the purposes for which it was collected)
c) object to data processing and the right to limit data processing. Should this be the case, having considered the application, the Foundation and the Office will not be able to process the personal data provided by the Participant, unless they demonstrate the existence of valid, legally justified grounds for processing, overriding the interests, rights, and freedoms of the data subject or the grounds for establishing, investigating or defence of claims
d) withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal (if the processing follows Art. 6 point 1a or Art .9 point 2a of the GDPR)
e) transfer the data processed in an automated manner, which means that the Participant has the right to request that personal data be sent by the Foundation or the Office directly to another administrator, if technically feasible
f) lodge a complaint to the President of the Office for Personal Data Protection, if the Participant considers that the processing of personal data violates the provisions of the GDPR.
§10 FINAL PROVISIONS
1. The Organisers reserve the right to change the provisions and phrasing of these Rules and Regulations at any time.
2. The Organisers make decisions in all matters not regulated by these Rules and Regulations. The Organiser reserves the right to cancel the Competition without providing any reason.
3. The Organiser is not responsible for circumstances beyond their control that may affect the timely submission of applications.
4. Information regarding the Competition is provided by Piotr Żurek – the representative of the Organisers for contacts with the Artists, e-mail: email@example.com.
5. The Competition is not conducted pursuant to the Act of 29 January 2004 Public Procurement Law (Journal of Laws of 2019, item 1843, as amended) nor is not a lottery/gaming in the understanding of the Act on gaming and gambling (consolidated text, Journal of Laws of 2019, item 847).