glasses on terms and conditions contract

Ansvar Programme of Giving

Terms and Conditions

Ansvar Programme of Giving

TERMS AND CONDITIONS

3 X £75,000 CHARITABLE DONATIONS

 

For the purpose of these Terms and Conditions, the promoter is Ansvar Insurance, a business division of Ecclesiastical Insurance Office Plc (company registered number 24869) whose registered office is at Benefact House, 2000 Pioneer Avenue, Gloucester Business Park, Brockworth, Gloucester, GL3 4AW and trading address is at (“the Promoter”). 4th Floor The Office, 1 Market Square, Circus Street, Brighton, BN2 9AS

 

  1. Definitions

In these Terms and Conditions, the following terms shall have the following meaning:

 

“Applicant” means an organisation that has applied to receive funding under the Programme pursuant to these Terms and Conditions;

“Initial Start Date”  Week commencing 21st October 2024;

“First Stage Closing Date” 17:00 GMT/BST 4th November 2024;

Second Stage Start Date” –11th November 2024

Final Closing Date” 17:00 GMT/BST 22nd November 2024

“Data Protection Legislation” means all applicable data protection and privacy laws and regulation, guidance and codes of practice, including (without limitation): (a) EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data as incorporated into domestic United Kingdom law by the European Union (Withdrawal Agreement) Act 2020 and amended by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (together the UK GDPR); (b) the Data Protection Act 2018; (c) Data Protection (Charges and Information) Regulations 2018; (d) the Privacy and Electronic Communications (EC Directive) Regulations 2003; and (e) any other all legislation in force in the UK from time to time in respect of data protection and privacy guidance and codes of practice issued from time to time by the UK Information Commissioner’s (and any successor body or bodies to such organisation) as the context may require, in each case as amended, updated or replaced from time to time;

“Eligible Charity” means any charity which meets the Eligibility Criteria set out in paragraph 5;

“Eligibility Criteria” the eligibility criteria set out at paragraph 5 below to which each Eligible Charity will be subjected by the Promoter in order to assess whether it is eligible to receive the Grant;

“Grant” means the total sum of £75,000 to be given by the Promoter to each Winning Charity, in three equal instalments over a period of three years, pursuant to these Terms and Conditions and the Grant Agreement;

“Grant Agreement” an agreement to be entered into between each Winning Charity and the Promoter following conclusion of the Programme upon terms agreed between the Promoter and the Winning Charity pursuant to which the Grant shall be given to the Winning Charity;

“Group” in relation to a company, that company, any subsidiary or any holding company from time to time of that company and any subsidiary from time to time of a holding company of that company. Each company in a Group is a member of the Group. For the purposes of this definition, subsidiary and holding company have the meanings set out in section 1159 of the Companies Act 2006;

“Judging Panel” an independent judging panel made up of representatives from Ansvar UK, Benefact Group and Benefact Trust;

“Programme” means the Ansvar Programme of Giving which is a charitable giving programme of the Promoter, whereby upon the terms set out in these Terms and Conditions the Promoter shall award three Grants;

“Participants” means any Applicant, Eligible Charity, Shortlisted Charity and the Winning Charities;

“Shortlisted Charity” means an Eligible Charity that has been shortlisted by the Promoter at the Promoter’s sole discretion pursuant to the Eligibility Criteria to receive the Grant pursuant to these Terms and Conditions; and

“Winning Charity” means the three of the Shortlisted Charities that are selected by the Judging Panel as the winners to receive a Grant each and approved by the Promoter.

 

  1. Application Process

2.1 – The application process for this Programme will be ran in two stages. The Programme will open on the Initial Start Date and the “First Stage”, will require Applicants to make an application of no more than 250 words, in order to express its interest in being considered for this donation Programme. This First Stage application should be made directly by Applicants by using the online form on the Programme of Giving web page, or to the email address: donation.programme@ansvar.co.uk by the First Stage Closing Date. Applications will only be considered from the Initial Start Date to the First Stage Closing Date.

2.2 – The Promoter will review the applications received and decide on the Shortlisted Charities. The Shortlisted Charities will progress to “Second Stage” of this Programme.

2.3 – For the Second Stage of the application process, by the 11th November 2024, the Promoter will make direct contact with the Shortlisted Charities to make them aware they have progressed to the Second Stage of this Programme and to obtain further details. The Shortlisted Charity will then be asked to submit further information to donation.programme@ansvar.co.uk by the Final Closing Date, which will amount to a Second Stage application. Second Stage applications will only be considered if made by the Final Closing Date.

2.4 – the Second Stage applications will be reviewed by the Promoter with the Winning Charities will be contacted week commencing 13th December 2024.

2.5 – Submission of an application is an acceptance of these Terms and Conditions by the Applicant. Only one Eligible Charity may be specified on each application.

2.6 – After the First Stage, a second application will be requested which will require further detail for the “Final Stage”. Applications in this stage will only be considered from the Final Stage Start Date until the Final Stage Closing Date.

2.7 – Applications cannot be changed once they have been submitted.

2.8 – Entry is free. No purchase is necessary.

2.9 – Applicants may submit more than one application, but an Eligible Charity can only win one Grant.

2.10 – Applications submitted by organisations which do not fall within the definition of an Eligible Charity will be void and will not be accepted. Only Eligible Charities approved by the Promoter at the Promoter’s sole discretion will be eligible to receive a Grant.

2.11 – Valid applications submitted after the Closing Date will be void and not accepted. The Promoter will accept no responsibility for incomplete or un-submitted entries.

2.12 – The Promoter accepts no responsibility for applications that are lost, destroyed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. Proof of delivery of the application is not proof of receipt.

2.13 – The Promoter will not be liable for any expenditure incurred by an Eligible Charity or organisation or individual whilst making any application to the Programme.

2.14 – Applications will be considered by the Promoter to assess if they meet the Eligibility Criteria. The Applicant agrees to provide any additional information required by the Promoter to assess an application.

2.15 – Using the Eligibility Criteria, the Promoter will shortlist Eligible Charities for the Judging Panel to review and select three Winning Charities of the Grant by 23:59 GMT/BST 12th December 2024.

2.16 – The Winning Charities will be contacted by email or telephone on or before 13th December 2024 by the Promoter to notify them of the successful outcome of their application.

2.17 – The Winning Charities will then be announced on the Promoter’s website at www.ansvar.co.uk on or after 13th December 2024.

 

  1. The Winning Charities

3.1 – We may contact the Winning Charity, if needed in order to obtain further details on the Eligible Charity for example, how they intend to spend the Grant and the impact that the project will have on its beneficiaries. Any additional information obtained may be used to announce the Winning Charities on the Promoter’s website and social media pages and by email and for any PR and marketing initiatives undertaken by the Promoter in relation to the Programme.

3.2 – Any Grant given to the Winning Charity must be used for charitable projects only

3.3 – The Grant is as stated and the Promoter is not responsible for any issues arising from the use of the Grant.

3.4 – The Promoter will not be responsible for any inability of the Winning Charity to take up the Grant.

3.5 – The Grant is non-transferable and non-exchangeable. The Grant shall be paid by BACS payment directly to each Winning Charity pursuant to the terms of the Grant Agreement. The Grant may be taxable and each Winning Charity will be responsible for any tax arising. Once awarded the Grant is to be used for the purpose specified and agreed between the Winning Charity and the Promoter pursuant to the terms specified in the Grant Agreement.

3.6 – The Winning Charity shall participate in all required publicity and the Promoter reserves the right to publish on the Promoter’s website and social media sites and in any other media the Winning Charity’s name, details of the project of the Winning Charity for which the Grant shall be spent (“the Winning Project”) and any photos associated with the Winning Charity and the Winning Project.

 

  1. Eligible Charity

In order to become a Shortlisted Charity, Applicants must:

  • be registered with one of the following:
    • the Charity Commission for England and Wales;
    • the Jersey Charity Commissioner or the Guernsey Registry as applicable in respect of the Channel Islands, or the Central Registry in respect of the Isle of Man;
    • the Charity Commission in Northern Ireland;
    • the Charities Regulator for the Republic of Ireland; or
    • the Office of the Scottish Charity Regulator;
  • have been registered as a charity with the relevant charity commission or regulator on or before 1 July 2024;
  • meet due diligence process requirements of the Promoter;
  • have an income of less than £1,000,000 in 2023 and a predicted income of less than £2,000,000 in 2024;
  • not be red flagged by the relevant charity commission (or other regulator);
  • not discriminate unlawfully in any way, as determined by the sole discretion of the Promoter;
  • not support any specific political party or affiliated group; and
  • not relate to any controversial subject matter that is contrary to the values and expectations of the Promoter and/or its Group.

 

  1. Eligibility Criteria for the Grant

The Grant must be used:

  • to promote healthy lifestyles to children and young people;
  • to cover a specific project (rather than funding general ongoing running costs i.e. not to improve premises building/facilities);
  • for a new project or to take an existing successful project or initiative to a new level or bring a creative and challenging new idea to fruition; and
  • .
  1. General

6.1 – The promoter of the Grant is the Promoter.

6.2 – The Promoter’s decision is final and no correspondence will be entered into and it reserves the right to amend or alter these Terms and Conditions if required. No variation of these Terms and Conditions shall be valid unless in writing signed by the Promoter.

6.3 – The Promoter reserves the right to announce each Winning Charity on its website and social media sites.

6.4 – The Participants may not transfer or assign their respective rights and obligations under these Terms and Conditions to another organisation without the prior written consent of the Promoter. These Terms and Conditions are between the Participants and the Promoter. No other person shall have any rights to enforce any of its terms.

6.5 – The Promoter may terminate these Terms and Conditions at any time at its absolute discretion. Each Grant shall be awarded at the Promoter’s sole discretion and if it considers that any Participant has acted inappropriately or dishonestly in participating in the Programme, the Promoter reserves its right to refuse to award the Grant.

6.6 – The Promoter’s liability under or in connection with these Terms and Conditions shall be limited to £75,000. Nothing in these Terms and Conditions shall exclude the liability of the Promoter for death, personal injury, fraud, fraudulent misrepresentation or any other liability to the extent that such liability cannot be excluded or limited under applicable law or regulation.

6.7 – The Promoter accepts no responsibility for any injury, loss, damage, liabilities or disappointment incurred or suffered or experienced by the Participants or any employees of the Participants as a result of participating in the Programme. The Promoter further disclaims liability for any damage to any person’s computer relating to or resulting from participation in or downloading any materials in connection with the Programme. The Promoter shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, unanticipated legislation or any other unforeseen circumstances.

6.8 – Each Participant warrants that any data (personal data or otherwise) submitted pursuant to the application process has been obtained in accordance with the Data Protection Legislation and the Participant has obtained all necessary consents from the relevant organisations and individuals in respect of their data being processed for the purposes of the application. Each Participant hereby allows the Promoter to process such data in accordance with the Data Protection Legislation and to share it with members of its Group, the Charities Trust and the Judging Panel. Each Participant shall assist the Promoter to comply with any obligations under the Data Protection Legislation and shall not perform its obligations under these Terms and Conditions in such a way as to cause the Promoter to breach any of the Promoter’s obligations under the Data Protection Legislation to the extent the Participant is aware, or ought reasonably to have been aware, that the same would be a breach of such obligations.

6.9 – Each Participant confirms that it has obtained the consent of the organisation/individual on behalf of which/whom it has submitted details of projects and/or images and/ or any other details in respect of the application. Where details of charities and/or projects are submitted as part of a team effort, the information provided belongs to the Eligible Charity who has submitted that information.

7.10 – The Participants hereby agree to have their details disclosed by the Promoter for the purpose of the

Programme and for any marketing initiatives undertaken by the Promoter or its Group in relation to the

Programme. All Participants hereby agree to be contacted and take part in activities including, but not limited to, regular communications about the Programme and the Grant and/or for any other marketing initiatives undertaken by the Promoter or its Group in relation to the Programme. This could include, but is not limited to, media activity, social media or information on the Promoter’s website.

7.11 – All Participants will be able to access the Promoter’s privacy policy at Ansvar About Us Privacy Policy.

7.12 – Each of the paragraphs of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

7.13 – These Terms and Conditions are governed by English law and the English courts have exclusive jurisdiction to hear any dispute (including non-contractual disputes) or matter arising under or in connection with these Terms and Conditions.

 

  1. Privacy Notice

8.1 – Your privacy is important to the Promoter. The Promoter collects your personal data and information that you provide on provision of details pursuant to the application for the Grant. This information may include basic personal details such as name, address, email, details about charitable projects that you require funding for (including personal details such as name of individuals involved in the project and any additional details that you provide as part of the application process).

8.2 – The Promoter will process your personal data and information in accordance with the applicable data protection law and may use your personal information to process your application and/or to require additional information as part of the application process and/ or to provide you with an update as to whether the Grants have been given under the application process. The Promoter shall process your personal data on the legal basis that the processing is necessary for the Promoter’s legitimate business need to administer the Programme and your participation in the Programme via the submission of your application.

8.3 – It is your responsibility to ensure and confirm that: (a) you have told the organisation that you are representing about the Programme and how the Promoter will use personal information as set out in this Privacy Notice, these Terms and Conditions and at Ansvar About Us Privacy Policy; and (b) you have obtained the consent of any of the individuals involved about these arrangements and that they may be contacted by the Promoter as detailed in these Terms and Conditions.

8.4 – You have the right to request a copy of all the personal information the Promoter holds about you in a Subject Access Request in writing to the Promoter’s Data Protection Officer, at Benefact House, 2000 Pioneer Avenue, Gloucester Business Park, Brockworth, Gloucester, GL3 4AW or by email at compliance@ansvar.co.uk. The Promoter will take all reasonable steps to confirm your identity before providing you with details of any personal information the Promoter may hold about you.

8.5 – For further information on how the Promoter manages data responsibly, including for fraud prevention, please refer to the Privacy Policy at Ansvar About Us Privacy Policy or contact the Data Protection Officer as stated above.

8.6 – The Promoter reserves its right to change this Privacy Notice and its Privacy Policy from time to time for example to keep it up-to- date and compliant with legal requirements.