Rules of the 11th Grzegorz Fitelberg International Competition for Conductors in Katowice

§ 1

1. These Rules specify the terms and conditions of the 11^th Grzegorz Fitelberg International Competition for Conductors in Katowice, hereinafter referred to as the Competition.
2. The Competition shall be held in the period 17 to 27 November  2023.
3. The organiser of the Competition is the Henryk Mikołaj Górecki Silesian Philharmonic with its registered office in Katowice (40-084), 2 Sokolska street, entered in the Register of Cultural Institutions kept by the Marshal of the Province of Silesia under the number of RIK/F/4/99, holder of the Tax Identification Number 6340137669, hereinafter referred to as the Philharmonic.

§ 2

1. The Competition is addressed to conductors of all nationalities, hereinafter referred to as the Candidates, who were born after between 26 November 1984 and 17 November 2005 and who simultaneously satisfy all the other conditions defined in these Rules.
2. The condition for participating in the Competition is sending an application consistent with the provisions of §2 Section 3 in one of the following ways:
   
   1. Registration (from 1 October 2022 until 15 July 2023) by means of the registration form available on the Internet website fitelbergcompetition.com and providing all the required appendixes (§ 2 Section 3)
   2. Downloading the registration form from the website fitelbergcompetition.com,completing and signing it and posting together with all the required appendixes (§ 2 Section 3) to the following address: The Henryk Mikołaj Górecki Silesian Philharmonic, ul. Sokolska 2, 40-084 Katowice, Poland, with a note 11^th Grzegorz Fitelberg International Competition for Conductors by 15 July 2023 (date as postmarked).

3. The application drawn up in Polish or English should contain:
   
   1. A short biographical note (1000 characters with spaces at the most);
   2. A photocopy of an official document confirming the Candidate’s date of birth;
   3. The GDPR form, available on www.fitelbergcompetition.com;
   4. An up-to-date portrait photograph in a digital version 600 dpi in the *.tif or *.jpg format (if the application is sent by traditional post the photograph is to be saved on an appropriately identified data carrier);
   5. Photocopies of documents confirming the fact of conducting artistic activities covering a period of not more than the last four years (e.g. participation in international conducting competitions, copies of diplomas, awards and distinctions, programmes of concerts and performances at festivals, etc.);
   6. Links (unlimited in terms of the number of active hits) or a DVD (if sent via traditional post) with a 15-minute-long audio-visual recording of a rehearsal or a concert with an orchestra, conducted by the candidate;
   7. Confirmation of payment of the registration fee with the title: “First name and surname – XI MKD” into the bank account of the Silesian Philharmonic

in the amount of EUR 100 to the bank account in Santander Bank Polska S.A., account number: PL 83 1090 1186 0000 0001 4915 8934, BIC: WBKPPLPP

or its equivalent expressed in PLN according to the average exchange rate of the National Bank of Poland as of the date of executing the payment into the bank account of the Philharmonic in Santander Bank Polska S.A., account No. 93 1090 1186 0000 0001 4266 6156

4. The fact of sending the application is equivalent with the approval of these Rules.
5. Incomplete applications, as well as applications which do not satisfy the conditions specified above, shall not be examined. In particular:
   
   1. The Philharmonic is not obliged to send an additional request for missing details,
   2. In such cases the registration fee shall not be refunded,
   3. The applicant is not entitled to any claim in this respect.
6. The Philharmonic shall not return the documents and recordings sent with the applications; nevertheless, within 14 days after the completion of the qualifications to the Competition, the candidates who have not been qualified have a right to apply to the Philharmonic for the return of the application documents. After this time limit the documents shall be destroyed.

§ 3

1. The applications shall be evaluated by the Qualification Committee, which consists of distinguished Polish conductors and musicians. The Qualification Committee shall qualify not more than 50 contestants (hereinafter referred to as the Contestants) from amongst the applications sent to the competition, and it shall indicate not more than 10 candidates as reserve contestants.
2. The Qualification Committee’s decisions shall be final and unappealable.
3. The registration fee paid by Contestants who are not qualified to take part in the Competition shall not be refunded.
4. The list of Contestants qualified to the Competition and reserve Contestants shall be communicated on 15 August 2023 by means of a website of the Competition (fitelbergcompetition.com).
5. Having received a notice on being qualified to the Competition, the Contestants shall be obliged to pay a competition fee in the amount of EUR 250 or its equivalent expressed in PLN according to the average exchange rate of the National Bank of Poland as of the date of payment.
6. The fees should be paid by 1 October 2023 into the Philharmonic’s bank account specified in §2 item 3 letter h.
7. Failure to execute the payment within the specified time limit shall be equivalent with the Contestant’s resignation from the participation in the Competition.
8. In the event of a resignation of a Contestant qualified to the Competition, the Philharmonic reserves the right to add a name from the reserve list to the list of Contestant, observing the order of reserve Contestants.

§ 4

1. 1. Auditions to the 11^th Grzegorz Fitelberg International Competition for Conductors shall be public and shall consist of three stages:

I – 18-21 November 2023,

II – 22-23 November 2023,

III the final –24 November 2023.

2. The Concert of the Laureates shall be held on 25 November 2023 in Katowice, and it will be repeated on 27 November 2023 in Warsaw.
3. Not more than 50 Contestants will be admitted to the 1^st stage, not more than 12 Contestants – to the 2^nd stage, and not more than 6 Contestants – to the 3^rd
4. Starting from the 1^st stage of the Competition until the 3^rd stage, the Contestants shall be performing in the alphabetical order, starting from a letter drawn publicly on 17 November 2023. The Contestants’ presence during the drawing is obligatory.
5. In case of confirmed fortuitous events (such as traffic delays rendering it impossible for a Contestant to arrive on time, or an illness confirmed by the medical service of the Competition), the Contestant can obtain a permission – as an exception – to postpone their performance beyond the specified order of performances to the end of the auditions at a specific stage. The new order of performances defined this way will be valid until the end of the Competition. The final decision on the changed order shall be made by the Competition Director.
6. The Philharmonic shall not cover the costs of the Contestant’s travel.
7. During the entire time of the Contestants’ participation in the Competition (including the Concert of the Laureates), the Philharmonic shall provide the Contestants with accommodation in a hotel with breakfasts and cover the costs thereof. The Philharmonic shall not provide accommodation and shall not cover the costs of the accommodation of persons that accompany the Contestants.
8. The Philharmonic shall not mediate in the procedure of obtaining visas by the Contestants; however, upon requests of individual Contestants, the Philharmonic shall issue and send a certificate confirming the Contestant’s qualification to take part in the Competition.
9. The Contestants are obliged to be covered with a health insurance for the time of their stay in Poland in connection with the Competition.

All sanitary and epidemiological rules and restrictions in force during the Competition will be implemented on an ongoing basis in order to secure compliance with up-to-date regulations in place within the territory of the Republic of Poland during the Competition. The Philharmonic will announce all information in this respect and each Contestant will be obliged to read it and adhere to it. Should the Competitor violate any legal regulations in this respect, the Philharmonic shall not be held responsible.

§ 5

1. The Contestants will conduct the Symphony Orchestra of the Henryk Mikołaj Górecki Silesian Philharmonic.
2. The Philharmonic shall not provide the Contestants with sheet music (music scores).
3. The Philharmonic shall provide the Contestants with orchestral materials, whereas the Contestants are allowed to use their own materials.
4. The Philharmonic shall not be held responsible for any violation of any copyrights of any third parties by any Contestant who uses their own sheet music.
5. The course of the competition stages and the repertoire programme:

Stage I

From the repertoire provided below the Contestant selects two pieces from group A and two pieces from group B, and next they draw one piece from each group. The Contestant has not more than 30 minutes to work on the drawn oeuvres with the orchestra. In case of cyclic or multi-part pieces, if the Jury resigns from selecting a specific part, the Contestant chooses the part at their own discretion.

GROUP A

G. Rossini – Overture to the opera The Thieving Magpie (La gazza ladra; ed. Luck’s Music Library)

C.M. Weber – Overture to the opera Oberon

G. Verdi – Overture to the opera Nabucco

S. Moniuszko – Fantastic overture to The Fairy Tale

GROUP B

W.A. Mozart – Symphony in D major Haffner Symphony KV 385 (ed. Bärenreiter)

W.A. Mozart – Symphony in C-major Linz Symphony KV 425 (ed. Bärenreiter)

L. van Beethoven – Symphony No. 5 in C minor op. 67 (ed. Bärenreiter)

L. van Beethoven – Symphony No. 3 in E flat major op. 55 Eroica

Stage II

From the repertoire provided below the Contestant selects two pieces from group A and two pieces (including a composition by Karol Szymanowski or Henryk Mikołaj Górecki – mandatory) from group B, and next they draw one piece from each group. The Contestant has not more than 45 minutes to work on the drawn oeuvres with the orchestra. In case of cyclic or multi-part pieces, if the Jury resigns from selecting a specific part, the Contestant chooses the part at their own discretion.

GROUP A

E. Elgar – Enigma Variations op. 36

A. Dvořák – Symphony No. 9 in E minor From the New World

J. Brahms – Symphony No. 4 in E minor op. 98

M. Karłowicz – Symphony in E minor Revival op. 7

GROUP B

A. Dvořák – Cello Concerto in B minor op. 104

H.M. Górecki – Concerto-Cantata op. 65

J. Sibelius – Violin Concerto in D minor op. 47

K. Szymanowski – Violin Concerto No. 2 op. 61

Stage III

From the repertoire provided below the Contestant selects two pieces from group A and two pieces from group B, and next they draw one piece from group A and one piece from group B. The Contestant has not more than 50 minutes to work on the drawn oeuvres with the orchestra (not more than 25 minutes per each of the drawn pieces). In case of cyclic or multi-part pieces, if the Jury resigns from selecting a specific part, the contestant chooses the part at their own discretion.

GROUP A

C. Debussy – The Sea

P. Hindemith – Symphony Mathis the Painter (Mathis der Maler)

B. Bartók – Concerto for orchestra

W. Lutosławski – Concerto for orchestra

GROUP B

K. Szymanowski – Symphony No. 2 in B flat major op. 19

W. Lutosławski – Symphony No. 4

H.M. Górecki – Refrain op. 21

K. Penderecki – Symphony No. 2 Christmas Symphony

6. Changes in the programme of each stage communicated in the Competition are permissible provided they are communicated (by electronic means in a registration form available on the Internet website www.fitelbergcompetition.com) not later than by 29 September 2023.
7. The Contestants who do not get qualified to take part in the next stage of the Competition shall receive diplomas confirming their participation in the Competition.

§ 6

1. The Jury of the Competition will consist of distinguished musicians from Poland and abroad.
2. The composition of the Jury will be made public prior to the commencement of the Competition.
3. Internal rules governing the work of the Jury will be defined at the first meeting of the Jurors, prior to the commencement of the auditions.
4. The evaluations of the Jurors are confidential.
5. The Jury’s verdicts are irrevocable and unappealable.

§ 7

1. 1. The following awards and distinctions shall be distributed among the Finalists – Contestants taking part in Stage III of the Competition:
      1^st award – EUR 20,000 and the Gold Baton
      2^nd award – EUR 10,000 and the Silver Baton
      3^rd award  – EUR 6,000 and the Bronze Baton

Three equal distinctions – EUR 4,000.

2. The sums of money defined above shall be reduced by the rate of the income tax from natural persons that is currently in force.
3. Basing on the final scores, the Jury of the Competition can change the distribution of the awards and distinctions by the majority of 2/3 of votes, with the reservation that the total sum allocated to the awards and distinctions must not be increased.
4. The winners of the awards are entitled to the title of the Laureate of the 11^th Grzegorz Fitelberg International Competition for Conductors.
5. Apart from the awards defined in these Rules, the Jury shall also distribute awards funded by institutions, companies, and private persons, e.g. in the form of invitations to concerts of orchestras from Poland and abroad.
6. Proposals of the additional awards shall be received and approved by the Director of the Competition.  They should be submitted by 29 September 2023. Cash prizes shall be paid out in the currency in which they have been deposited, having deducted the due tax.
7. The Jury’s decisions are irrevocable and unappealable.

§ 8

1. The awards and distinctions granting ceremony will take place during the gala of the Concert of the Laureates held on 25 November 2023 in the Silesian Philharmonic in Katowice.
2. All the laureates are obliged to take part in the Concerts of the Laureates on 25 November 2023 in the Silesian Philharmonic in Katowice and on 27 November 2023 in the National Philharmonic in Warsaw free of charge.
3. The winner of the 1^st prize shall be obliged to take part in a special concert held on 1 December in the National Forum of Music in Wrocław.
4. The programme of the Concert of the Laureates will be determined by the Jury of the Competition in agreement with the Laureates of the Competition. The Laureates are obliged to perform the programme according to the Jury’s decision.
5. The conductors who will perform in the Concerts of the Laureates shall be provided with an opportunity to have a rehearsal with the orchestra and transport to the concert on 27 November in Warsaw.

§ 9

1. Each Contestant allows the Philharmonic to make audio-visual recordings of their:
   
   1. renditions of the oeuvres at each stage of the Competition (and during the Concert of the Laureates)
   2. their image
   3. statements and interviews given during the Competition and the Concert of the Laureates.
2. The Contestant transfers onto the Philharmonic all proprietary and related rights to recorded (audio-visual recordings) renditions of the oeuvres presented during the Competition (and during the Concerts of the Laureates) and to the statements and interviews given by the Contestant, as well as allows the Philharmonic to disseminate their image recorded in connection with their participation in the Competition and in the Concerts of the Laureates.
3. The Contestant allows the Philharmonic to use their performances in the Competition, interviews, statements, and image both in their entirety, and in any parts, to adapt, shorten, remake and translate such materials, without authorisation, and represents that such a way of using them will not be considered as the violation of the Contestant’s reputation.
4. The Contestant transfers onto the Philharmonic the right to grant exclusive permissions, unlimited in terms of time and territory, to exercise derivative copyrights towards the works referred to in § 9 items 1 and 2; in particular the Contestant allows the Philharmonic to dispose of and use compilations of the works, including translations thereof into other languages. The Contestant further commits not to undertake any actions in order to limit this right in the future.
5. The Contestant allows the Philharmonic to exercise their personal rights connected with the renditions of the works presented during the Competition (and the Concerts of the Laureates.
6. The transfer of copyrights and proprietary rights referred to in § 9 sections 1-5 is unlimited in terms of time and territory and it comprises all fields of exploitation, in particular:
   
   1. Recording and reproduction of the work, making copies of the work by means of any technique, including printing, reprography, magnetic recording and digital technique, saving in the computer memory;
   2. All sort of distribution of the original work or copies thereof referred to in § 9 item 6 letter a, in particular marketing, lending for use or leasing them;
   3. Each sort of dissemination, in particular live broadcasts and all sorts of broadcasting, rebroadcasting, including wired and wireless audio and visual broadcasts, by terrestrial stations, with the mediation of a satellite, as well as publishing (including the streaming technology) on the Internet, in other IT, cable, telecommunication or multimedia networks;
   4. All sorts of rendering publicly accessible so as to allow everybody to have access to the subjects of the rights in the place and time selected by them;
   5. All sorts of public rebroadcasting, displaying, performing, staging.
7. The transfer of the rights listed in § 9 covers the entire material recorded during the Competition and the Concerts of the Laureates and is gratuitous.
8. The Philharmonic has a right to unlimitedly dispose of the rights referred to in § 9, in particular to transfer such rights onto other entities, and the Contestant has no right to receive any remuneration in this respect.

§ 10

1. By participating in the Competition, the Contestants agree to have their personal data processed for the purposes of the organisation of the Competition.
2. The personal data of the Contestants shall be processed in compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
3. The Information Clause with the required approval of these Rules constitutes Appendix No. 1 to these Rules.

§ 11

1. The term “force majeure” means an external unpredictable and unpreventable event the occurrence of which prevents the Philharmonic or the Contestant from fulfilling their obligations, in particular such as natural disasters, wars, terrorist attacks, strikes, epidemics, illness of the Jurors.
2. The Philharmonic and the Contestant shall not be held liable for failure to perform or inappropriate performance of their obligations relating to Competition if the failure to perform or inappropriate performance of their obligations relating to the Rules of the Grzegorz Fitelberg International Competition for Conductors results from force majeure.
3. In the event of force majeure:
   
   1. The Philharmonic shall immediately notify the Contestant or Contestants on the occurrence of force majeure and causes thereof electronically by sending an e-mail message to the Contestant’s address provided in the registration form.
   2. The Contestant shall immediately notify the Philharmonic on the occurrence of force majeure and causes thereof electronically by sending an e-mail message to info@fitelbergcompetition.com .
4. The Party affected by force majeure (Philharmonic or Contestant) shall make every effort to immediately and in any case not later than within 2 days after the date of notice provide the other Party with a reasonable justification explaining the nature and causes of the force majeure occurrence. If after the notice the Parties do not agree otherwise, each of the Parties shall continue their best efforts in order to meet their obligations.
5. To the extent that one of the Parties (Philharmonic or Contestant) is not able to meet their obligations resulting from these Rules due to being affected by force majeure, the other Party shall not be held liable for failure to perform the aforementioned obligations.
6. If force majeure affects a Contestant and their justification is accepted by the Philharmonic, the Contestant will be able to get a refund of the Competition costs, fully or partially, depending on the time of force majeure occurrence:
   
   1. By 13 October 2022 – full refund of the costs
   2. 14 October 2022 – 16 November 2022 – refund of 1% of the costs
7. In a special case of force majeure affecting the Philharmonic, such as a Juror’s illness or any other sudden indisposition, the Philharmonic reserves the right to first of all propose an adequate substitution.

§ 12

1. The Contestant commits to follow and comply with the current special limitations and restrictions imposed in Poland by competent public authorities in relation to the state of epidemic threat and the state of epidemic caused by SARS-CoV-2 (COVID-19) in terms of preventing, counteracting, and combating the virus.
2. If the Contestant is not able to fulfil their obligations under these Rules for reasons attributed to procedures of preventing, counteracting, and combating COVID-19 referred to in section 1, the Philharmonic:
   
   1. Shall not be held liable for failure to fulfil its obligations;
   2. Shall not suffer any financial consequences for this reason;
   3. Shall not reimburse the Contestant for the payment of the participation fee in the Competition.

§ 13

1. In all matters connected with the course of the Competition and not belonging to the Jury’s competence the final decisions shall be made by the Competition Director.
2. All doubts relating to the terms and conditions of these Rules shall be settled on the basis of the Polish text.
3. All matters not regulated herein shall be governed by relevant provisions of the Polish law.
4. The Philharmonic reserves the right to amend these Rules.
5. The Philharmonic reserves the right to cancel the Competition if the number of qualified Contestants is lower than 50.
6. All disputes resulting in connection with the Competition and these Rules shall be resolved by a Polish court of law with the jurisdiction over the Henryk Mikołaj Górecki Silesian Philharmonic in Katowice.
7. All clarifications and additions or alterations, if any, introduced to the Competition Rules from time to time shall be obligatory for all the Contestants as of the time of publishing them on the website fitelbergcompetition.com6