How to properly organize competitions in a cultural institution?
Organizing contests, including artistic and literary contests, is an excellent way to promote talent, inspire creativity and promote the cultural institution itself. However, in order to make a contest not only attractive and professional, but also legal, organizers must follow a few key rules. What legal aspects are worth considering in order to organize a contest properly?
1. Defining the purpose of the competition and conditions of participation
The first step in organizing a competition is to clearly define its purpose. Before announcing a competition, it is worth considering what we want to achieve – whether it is only to promote a particular institution or to promote young artists, the development of a particular creative trend, as the institution plans to use the works submitted to the competition.
Each competition must have specific, transparent rules. These should include:
• Participation criteria – is the competition open to everyone or only to people with certain qualifications (e.g., age, residence, pupil or student status, work experience)
• Type of work – the exact guidelines for what type of work is to be submitted (e.g., a short text invented by the participant, but already in the case of a literary contest – whether they are to be short stories, poems, essays, etc.; in the case of an art contest – e.g., paintings, prints, sculptures).
• Deadline for submission of works – it is important that participants have enough time to prepare their submissions – it is advisable to set a specific date, e.g., by what date the works can be sent.
2. Regulations of the competition – a document that protects the organizer and participants
Every competition, regardless of its type, should be based on detailed regulations, which define the rules of its organization and the rights and obligations of both participants and organizers. This is the most important legal document, which should include:
(a) Rules of participation
The rules and regulations should specify precisely the conditions that participants must meet, including:
• Formal requirements for the submission of work.
• Rules for acceptance and evaluation of works.
• The responsibility of participants for the submission of original works.
(b) Copyright and licensing
One of the most important aspects of organizing a competition if the institution plans to use the participants’ works subsequently is the issue of copyright. Organizers should clearly specify what rights to the submitted works will be transferred to the organizer or to what extent a license is granted. It should be remembered that in order to effectively acquire copyright from a participant, it is necessary to keep it in writing under pain of invalidity.
Usually the contest participant retains the copyright to his work, but the rules should include a clause about:
• License to use the works – often the organizers of contests want the submitted works to be able to be used for promotional purposes (e.g. on posters, in publications or on the organizer’s website). The regulations should specify precisely how the works can be used after the contest.
• Prohibition of plagiarism – it is worth emphasizing that contestants must submit only original works of their own and are responsible for any infringement of third-party copyrights.
3. Determination of awards and rules for evaluation of works3.
Prizes are one of the main motivating factors for contestants. It is worth specifying exactly what prizes will be awarded and on what basis the winners will be selected.
(a) Awards
Prizes may be financial, in-kind or honorary. They must be clearly described in the regulations, including:
• The value of the prize.
• The form of the prize (e.g., diploma, medal, tablet, books, scholarship, exhibition).
• The conditions of the award, if any (e.g., for winning a certain place in the competition, for honorable mentions).
(b) Evaluation committee
There should be an appointed committee to evaluate the works. It can be a one-person commission, but it is worth ensuring the collegiality of the commission so that the evaluation is as objective as possible. It is important that the regulations include evaluation criteria, such as:
• Creativity and originality.
• Technique of execution.
• Compatibility with the theme of the competition.
4. Avoid elements of randomness – contests must not be gambling games
In organizing contests, it is very important that the process of selecting winners be transparent and based on clearly defined evaluation criteria. If the organizer introduces an element of randomness into the selection of the winner – for example, selecting the winner by drawing lots from among participants who have met the basic conditions of the contest – this could be considered gambling.
According to the law, organizing gambling games without the appropriate licenses is sanctioned under severe penalties. Contests that rely on drawing winners can qualify as games of chance, which require notification to the relevant institutions, such as the Ministry of Finance, and must comply with the relevant gambling laws.
What should be done?
In order to avoid a contest being considered a gamble, organizers should:
• Use clear, substantive evaluation criteria – winners of contests should be selected on the basis of merit, creativity, originality or conformity to the theme, rather than randomness.
• Avoid randomness in the selection of winners – contests must not be based on elements of randomness, but we can introduce such criteria as the speed of the contest entry.
If a contest has elements of randomness (e.g., in the case of prizes for participants, but not in the selection of the winner), it is worth making it clear in the regulations that the drawing of lots is only an add-on, not the main way of selecting winners.
5. Compliance with data protection laws
In the organization of contests, especially when minors participate, it is important to comply with data protection regulations (RODO).
• Data collection – the contest regulations should include information on what data will be collected from participants and for what purpose.
• Consent for processing of personal data – the organizer should obtain appropriate consent from the participants for processing of their personal data, especially when it is planned to publish the results of the competition with the participants’ data (e.g., name and surname).
6. Promotion and announcement of competition results
When the contest is over, the organizers must ensure that it is properly promoted and the results are publicly announced. The results should be available to both participants and the general public (e.g. on the organizer’s website, social media, posters, etc.).
Winners should be notified in a formal manner, such as by e-mail, telephone or letter, depending on the arrangements in the regulations.
Organizing contests is a process that requires diligence and thoroughness, both in organizational and legal matters. It is crucial that the rules and regulations comply with the law, and that participants are clear about the terms and conditions of the contest. Proper organization of a contest will certainly contribute to its success, and will also help build a positive image of the organizer in the eyes of the participants.