Terms & Conditions
About the Competition
- 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
- The Competition will open at 1200 on 22 May 2017 and the closing date for applications is 1200 on 03 July 2017.
- All eligible entries must comply with the following terms and conditions and the Moderation Guidelines set out below.
- Community groups who enter the Competition must be recognized as a not for private profit organisation that operate their own premises or have land / a site secured.
- The Competition is open only to UK residents.
- To enter, applicants must complete the submission form on the www.mandsenergyfund.com website and meet the below criteria:
- The designated applicant for a community group must be aged 18 or over.
- All entries must be written in English.
- Planning permission or permitted development rights must be obtained by 03 July 2017.
- 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 the UK excluding Northern Ireland.
- A community group currently undertaking multiple projects may apply for each of the projects separately if desired.
- 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.
- Applications will be shortlisted 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.
- They have a likelihood of success.
- They have a measurable community benefit with an engaged and supportive community.
- They have included details of match funding secured or applied for.
- The installation will be completed by the 31 August 2018 deadline (for the avoidance of doubt, the chosen winners may request an extension to the installation date by sending such request in writing to M&S no later than 28 days before the deadline, which will be considered solely at the discretion of M&S).
- 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 to promote and generate votes from supporters. Content can be in the form of videos, texts and photos. Detailed content and format requirements and campaign guidelines can be found at www.mandsenergyfund.com. Community groups are particularly encouraged to upload videos to generate support.
- 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.
- M&S reserves the right to request additional information or supporting evidence from applicants as part of the judging process.
- These guidelines are the "Moderation Guidelines" referred to above. Applicants 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 applicant must ensure that consent has been obtained from all individuals featured in any photographs that are uploaded to the Competition 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 M&S for entry to the Competition. M&S 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 M&S’s brand and reputation; or
- be illegal.
- 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 humor.
- 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 applicant 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 implied).
- Content that contains untrue statements about others or which defames or impersonates others.
- Content which contains or portrays adverse comments about M&S’ products or services.
- Content which suggests M&S 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.
- Content that could reasonably be considered to have the potential to:
- If M&S at any time considers an application is inappropriate and/or fails to comply with its Moderation Guidelines, or that the applicant has otherwise failed to comply with these terms and conditions, it may disqualify the entry.
Voting in the Competition
- Individuals over the age of 16 can register to vote on the www.mandsenergyfund.com website for projects, each individual can only vote for a project once but may submit individual votes for several projects. Voting opens at 09:00 04 September 2017 and closes at 23:59 20 October 2017.
- Voters must be registered users of the website 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 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 irrespective of the number of pledges, this will only count as one vote. 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.
- Regional funding is available for a project (up to a maximum of £12,000 per M&S region).
- An additional funding pot of no less than £20,000 is available which will be awarded at the discretion of the panel to one or several projects (the “Discretional Judge Pot”).
- Applicants are only entitled to apply for regional funding for the region that the development site falls within, and are entitled to apply for a maximum of £12,000 for their region. If the amount applied for by the winning applicant in a region is less than £12,000, the difference will be added to the Discretional Judge Pot.
- Any funding awarded to an applicant is to be used solely in conjunction with the project to cover the costs outlined in the application and not for any other purposes. The applicant is required to keep a record of how the funding is spent, as this is subject to inspection by M&S. The eligible costs are limited, in all cases, to expenditure incurred between November 2017 and August 2018. No retrospective costs may be incurred.
- M&S is not bound to shortlist any particular project or award any funding at the end of this selection process.
- 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.
- Prizes are non-transferable and non-refundable.
Choosing the winners
- The regional prize for projects that require a maximum of £12,000 is determined by the highest number of votes against the project campaigns competing in a given region.
- The Discretional Judge Pot may be awarded at the judges’ discretion after voting closes to one or more projects that did not accumulate the votes to win in their region, but that M&S deems worthy of funding for an inspiring or innovative project. These will be selected by the panel at the judges’ absolute discretion.
- 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.
- A winner by public vote is intended in each of the 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 Discretional Judge Pot.
- M&S will notify the winners by 10 November 2017, and the winners shall have 28 days from receipt of such notice to accept the funding prize (subject always to the winner signing and returning any grant conditions).
- Successful applicants will be required to confirm their agreement to adhere to the grant conditions at the time of the grant being awarded.
- Should a winner not accept the prize within 28 days, a second replacement winner will be chosen and shall be notified by M&S.
Repayment of grant
- Any funds allocated to winners but not spent by 31 August 2018 or any costs determined as ineligible by M&S either due to their lack of adherence with the grant conditions, or the inability of the 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 such notice.
- 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 grant conditions, as well as the general terms and conditions of the Competition.
- No purchase is necessary in order to enter the Competition.
- No responsibility will be taken for late, lost, indecipherable or misdirected entries or for any failure of communication resulting from incorrectly supplied information.
- The provision of a prize does not imply endorsement by M&S of the community group or entities who will benefit from the prize.
- Prize details are correct at the 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 un-authorised 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).
- M&S reserves the right to check the validity of any entry and the identity of any applicant 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.
- The applicant agrees to assign all copyright and intellectual property developed during this Competition exclusively to M&S, and the applicant 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 reserve the right to feature photographs, videos and the names and counties of the winning projects and the chosen beneficiaries of the discretionary fund in future publications and publicity including advertising materials (without limitation including point of sale and in-store materials) and on the websites www.mandsenergy.com and www.marksandspencer.com. The winners may also be required to take part in promotional publicity including a photographic or video shoot, a press release 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 applicant 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.
© 2017 Marks and Spencer plc.