The promoter of this competition (“Competition”) is Marks and Spencer plc, Waterside House, 35 North Wharf Road, London W2 1NW (“M&S”).
By entering the Competition and/or by voting in the competition, you agree to the below terms and conditions, to be bound by the decisions of M&S and to receive email, marketing and other notifications from M&S in relation to the Competition and M&S branded products and services, including M&S Energy and related products and services.
Entering the Competition
Enter online at mandsenergyfund.com. All eligible entries must be written in English and must comply with these terms and conditions and the Moderation Guidelines.
Community groups must be a recognised as a not for private profit organisation that operate their own premises or have land/a site secured.
The M&S Energy Community Energy Fund Competition is open only to UK residents who are aged 18 or over.
To enter, participants must complete the submission form on the website and meet the below criteria:
Planning Permission or Permitted Development Rights must be obtained by 31 May 2016.
Funding status must be declared.
The level of support from your community must be detailed.
The benefit to the community and the number of beneficiaries must be outlined.
The location of the project must be within Great Britain.
Applicants will then be shortlisted accordingly by the panel consisting of M&S, SSE, Energyshare and an independent judge, if they meet the below criteria:
They have a clear business case that gives value for money.
A likelihood of success.
A measurable community benefit with an engaged and supportive community.
Details provided of match funding secured or applied for.
The installation will be completed by the deadline 31 October 2017.
Checks will be carried out to verify the accuracy of the application. If information provided is inaccurate, the application will be removed from the Competition.
Once shortlisted, applicants will be invited to upload campaign content onto the website campaign pages that will promote and generate votes from supporters for the project. Content can be in the form of videos, texts and photos; content format requirements can be found on the Campaign Guidelines page on the website www.mandsenergyfund.com. Community groups are encouraged to upload videos in particular, as these are the most powerful for generating votes. Campaign guidelines will be available on the website mandsenergyfund.com after the shortlisting of projects has taken place.
Uploaded content must comply with the Moderation Guidelines outlined within these terms and conditions and relevant permissions of individuals featured in any photographs uploaded to the website must be sought by the person uploading those photographs.
It is the responsibility of shortlisted applicant groups to generate support through their campaign content to achieve the highest number of votes in their region. Campaign content can be submitted up until the closing date for voting and must be posted in a responsible way and in accordance with the Moderation Guidelines.
M&S will not reimburse any costs or expenses arising from the production and submission of any campaign content.
By entering the Competition, applicants confirm that they do not have a criminal record and consent to background checks being made on them by M&S. The Competition will open at 0000 on 03 May 2016.
The closing date for application entries to this Competition is 2359 on 31 May 2016.
There are regional funding pots available to apply for projects that require a maximum of £12,500. A project may only apply for funding within the one region that the development site falls within.
Additionally, a minimum of £20,000 of funding has been allocated to be awarded at the discretion of the judge’s panel, to give to one or several deserving projects.
All applicants are entitled to apply for a maximum of £12,500 for their region. If applied for an amount under this maximum level, the difference will be added to the Judge’s discretion prize pot.
The grant offered to the recipient is to be used solely in conjunction with the project to cover the costs outlined in the M&S Energy Fund application and not for any other purposes. The recipient is required to keep a record of how the grant money is spent, as this is subject to inspection by M&S. The eligible costs are limited, in all cases, to expenditure incurred between October 2016 and October 2017. No retrospective costs may be incurred.
M&S Energy is not bound to shortlist any particular project or award any funding at the end of this selection process in its absolute discretion.
A community group currently undertaking multiple projects may apply for each of the projects separately if desired.
Requests for an extension to the end of grant offer date may be made in writing to M&S no later than 28 days before the deadline and will be considered solely at the discretion of M&S.
Voting in the competition
Individuals over the age of 16 can register to vote on the mandsenergyfund.com website for their local projects, each individual person can only vote for a project once but may submit individual votes for several projects. Voting opens at 00:00 01 September 2016 and closes at 23:59 10 October 2016.
Voters must be registered users of the website, be over 16 years of age and submit their vote themselves
A vote is defined by one ballot of support for a community group, their plan for development or their renewable technology installation plan. Voters should consider that the development plan and the chosen technology installation is subject to change once voting has closed upon agreement with M&S.
Applicants may also agree to receive votes by pledging. A pledge will allow a voter to donate any amount of money to their chosen project whilst also adding a vote to the project total. A voter may pledge multiple times to one project but will only count as a vote once. A voter may pledge to multiple projects.
A Paypal account or Stripe account is required for a voter to pledge a donation. Votes through pledging will require the voter to already have a Paypal or Stripe account set up and submit their personal sign up details to the respective payment organisation in order to place their pledge. Sign up data submitted to Paypal Holdings Inc or Stripe Inc will not be held by M&S. M&S is not affiliated with Paypal or Stripe in connection with this competition and voters should refer to the terms and conditions in connection with their dealings with Paypal or Stripe.
If M&S identifies or suspects fraudulent voting activity has taken place, including, but not limited to, false email addresses, false social media accounts, duplicate email addresses or the use of disposable email accounts, the fraudulent votes will be removed from the project total, at the discretion of M&S, and may result in disqualification from the Competition.
Choosing the winners
The regional prize for projects that require a maximum of £12,500 is determined by the highest number of votes against the project campaigns competing in a given region.
The remaining £20,000 of funding may be awarded at the judges’ discretion to projects that did not accumulate the votes to win in their region, but that M&S deemed worthy of funding for an inspiring or innovative project. These will be selected at the judges’ discretion by the panel.
The judges’ discretion prize may be awarded to one or many projects from the minimum funding available in this pot of £20,000.
A winner by public vote is intended in each of the 21 designated regions across Great Britain. In the case of applications not being received in a particular region or applications not being shortlisted in a particular region, there will not be a winner in that given region. In this instance, the prize money for that region is instead added to the judges’ discretion prize pot.
M&S will notify the winners by 31st October 2016 and the winners shall have 28 days to accept the funding prize. Should a winner not accept the prize within 28 days, a second winner will be chosen and shall be notified by the end of December 2016.
The prizes are non-transferable and non-refundable.
M&S reserve the right to request additional information or supporting evidence from applicants as part of the judging process.
No purchase is necessary in order to enter the Competition.
M&S reserves the right to offer applicants a higher or lower amount of grant funding where this is deemed appropriate by the judging panel.
Successful applicants will be required to confirm their agreement to adhere to the full conditions of grant acceptance at the time of the grant being awarded.
The final decision of the winning projects remains the decision of M&S, at its absolute discretion, however the advice and recommendations of the nominated judging panel will be adhered to in all but exceptional circumstances.
No responsibility will be taken for late, lost, indecipherable or misdirected entries or for any failure of communication resulting from incorrectly supplied information.
M&S reserves the right to check the validity of any entry and the identity of any entrant or winner and to refuse entry or refuse giving the prize if M&S reasonably considers the entry and/or winner to be in breach of the terms and conditions.
If M&S at any time considers an entry is inappropriate and/or fails to comply with its Moderation Guidelines, or that the entrant has otherwise failed to comply with these terms and conditions, it may disqualify the entry.
The provision of a prize does not imply endorsement by M&S of the Community Group or entity who will benefit from the prize.
Prize details are correct at date of publication. M&S reserves the right to substitute any element of the prize with a prize of, what is in its opinion, a similar nature and/or value should any element of the prize become available for any reason.
M&S reserves the right at any time in its sole discretion to cancel, modify or supersede the Competition if it believes, in its sole discretion, that the Competition is not capable or is likely not to be capable of being conducted fairly or as specified within these terms and conditions due to events beyond its control (including, without limitation, a virus, a computer bug or unauthorised human intervention or any other cause beyond the reasonable control of M&S that could corrupt or affect the administration, security, impartiality or normal course of the Competition).
Provision of this prize is subject to the winner signing and returning the Grant Conditions by 31st December 2016.
The entrant agrees to assign all copyright and intellectual property developed during this Competition exclusively to M&S, and the entrant shall enter into a contract with M&S on agreed terms. Entries cannot be returned.
By entering this Competition, all applicants agree to have their name and photograph featured in publicity materials relating to the Competition without further reference, payment or other compensation. M&S, SSE and Energyshare reserves the right to feature photographs, videos and the names, counties and countries of the winning entries and their chosen beneficiary of the prize fund in future publications and publicity. Including advertising materials (without limitation of point of sale and in-store materials) and on the websites www.mandsenergy.com and marksandspencer.com. The winners may also be required to take part in promotional publicity including a photographic or video shoot and an interview and/or event when they accept their prize.
The winners’ names and counties will be available by sending a stamped addressed envelope within one month of the result to M&S Energy Competition, Marks and Spencer plc, Waterside House, 35 North Wharf Road, London, W2 1NW.
Nothing in these terms and conditions shall limit in any way M&S’ liability for death or personal injury caused by its negligence. Subject to that, M&S shall have no liability for any delay and/or failure to perform any obligation to the winner or other entrant that is caused by: (a) technical problems of any kind which may limit or prevent any person’s participation in the Competition; (b)any loss or damage arising from or in connection with the allocation of the prize; (c) any act or omission of any third party; or (d) any other events beyond M&S’ control that may cause the Competition to be disrupted or corrupted or may lead to loss of the prize.
If any of these terms and conditions is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.
The promotion shall be governed by the laws of England and Wales.
Repayment of grant
Any funds allocated to winners but not spent by 31st October 2017 or any costs determined as ineligible by M&S either due to their lack of adherence with the grant conditions, or the inability of winner to provide adequate evidence of expenditure (e.g. receipts), must be repaid in full to M&S.
Repayment is strictly within 28 days of receipt of formal acknowledgement by M&S of the required repayment, which will be made in writing to the named signatory on this document. Appeals against the requirement for repayment must be made within 7 days of receipt of the formal request for repayment, and in writing to M&S, and must include supporting evidence. The decision by M&S is final, and will be made in accordance with the terms and conditions of grant acceptance outlined in this document, as well as the general terms and conditions of the M&S Energy Fund grant programme.
M&S Energy Community Energy Fund Competition – Moderation Guidelines
These guidelines are the "Moderation Guidelines" referred to in the Terms and Conditions for the M&S Energy Community Energy Fund Competition. Participants who enter the Competition agree to ensure that any written submissions, together with any images, or other content they submit will comply with these Moderation Guidelines.
The entrant must ensure that consent has been obtained from all individuals featured in any photographs that are uploaded to the fund website, in particular individuals aged under 18 years of age. M&S may request confirmation of this consent.
These Moderation Guidelines identify words, images and themes which are unacceptable to Marks & Spencer for entry to the Competition. Marks & Spencer shall be entitled to block and/or remove from the www.mandsenergyfund.com website all or any parts of entries that it reasonably considers to be inappropriate and/or that it considers to be in breach of these Moderation Guidelines. Words, ideas, symbols, images, footage, recordings or other content ("Content") forming part of an entry to the Competition must not contain any of the following:
Content that could reasonably be considered to have the potential to:
be offensive or controversial to the general public;
cause damage to Marks & Spencer's brand and reputation; or
Any swear words or other profanity (whether explicit or implied and whether sexually explicit or otherwise), or any Content consisting of gross, indecent or vulgar humour.
Any images or descriptions of sexual gratification, genitalia, nudity, or pornography .
Content which could reasonably be interpreted as blasphemous, satanic or which contains images of a religious leader in a derogatory or undignified way.
Content which refers to an irresponsible use of alcohol or the buying, selling or use of any illegal drugs or other substances.
Content which could reasonably be considered to be spiteful or hurtful about, or degrading to, another entrant to the Competition or any other person(s) or class(es) of person (whether by reference to age, gender, sexual orientation, race, religion, occupation, any mental or physical illness or otherwise).
Content which could reasonably be considered to be racist, sexist or otherwise discriminatory against others or which refers to racial, sexist or ethnic stereotypes.
Content that copies art, photographs, written materials or other work created by others or which may otherwise infringe the trademarks, copyright or other intellectual property rights of others.
Content which discloses any confidential information belonging to another.
Content which could reasonably be considered to constitute harassment, abuse, bullying or threats against the personal safety or property of others, or which refers to any form of violence, self-harm or mistreatment of humans or animals.
Any remarks that repeat criminal accusations about others.
Content which contains a threat of violence against others (whether explicit or 5
Content that contains untrue statements about others or which defames or impersonates others.
Content which contains or portrays adverse comments about Marks & Spencer’s products or services.
Content which suggests Marks & Spencer supports or aligns itself to any countries, nations, states, governments, political parties or religious bodies.
Content which could reasonably be considered to constitute advertising in any form or a link to third party websites.
Content which contains personal information, whether relating to the participant or any other person (including phone numbers and addresses) except for names and any personal details required to be entered into the accompanying entry form.