Terms and Conditions
1.0 Background
1.1 The purpose of these terms and conditions (T’s & C’s) under which the Applicant may enter the Business competition (“Competition”) organised by the Cornwall Innovation (the Organiser).
1.2 The Organiser intends to conduct the Competition and the Applicant intends to enter the Competition, both parties agreeing to abide by these T’s & C’s.
1.3 The Competition involves the applicant applying for the free use of a 2 person office in the Tremough Innovation Centre, Penryn TR10 9TA subject to the detailed terms set out in these T’s & C’s.
1.4 The T’s & C’s are designed to comply with all relevant UK laws and regulations governing prize draw competitions, and both parties agree to conduct themselves in accordance with such laws and regulations.
2.0 Eligibility Criteria
2.1 The Competition is open to individuals who are at least 18 years of age at the time of entry.
2.2 The Competition is open to residents of the United Kingdom only. Applicants must provide proof of a valid UK address as part of their Application (such as a utility bill dated within the last 3 months, or driver’s licence)
2.3 Employees of Cornwall Council, Hertzian Ltd or University of Plymouth or their immediate family members, and anyone professionally connected with the Competition, including current and previous customers of the three Cornwall Innovation Centre(s) are not eligible to enter the competition.
2.4 Applicants are limited to One Entry in the Competition. Multiple Entries from the same Applicant will result in disqualification.
2.5 By entering the Competition, the Applicant agrees to comply with these Terms. Failure to comply with these Terms may result in disqualification from the Competition.
2.6 To be eligible for entry, the Applicant must be:
2.6.1 A UK Company (including sole trader) registered no later than 1st January 2022 and to an address in Cornwall.
2.6.2 An individual or wholly owned company (but not a subsidiary company) and already trading in the UK.
2.6.3 Have a minimum annual turnover of £12,000; 2022/23
2.6.4 Deposit the sum of £500 for the first 12 months of the License Agreement to cover any damage and redecoration.
2.6.5 Participate in any subsequent publicity arising as a consequence of winning the competition.
3.0 Entry Procedure
3.1 To enter the Competition, the Applicant must apply via the Cornwall Innovation Website
3.2 The Competition will commence on 1st May 2024 and close on 30th June 2024. Entries received outside of this period will not be considered.
3.3 Each Participant is allowed one entry per person.
3.4 There is no entry fee required to enter this Competition.
3.5 Incomplete or Ineligible Entries: Incomplete entries or entries that do not comply with the Terms of this Agreement will not be accepted. The Organiser reserves the right to verify the eligibility of all entries.
3.6 Entries will be acknowledged and only entries received in accordance with these Terms will be accepted.
3.7 Technical Issues: The Organiser is not responsible for any technical issues that may result in an entry not being received for any reason or for entries received which are corrupt or not in accordance with these Terms.
4.0 Prize Details
4.1 The prize for the competition is:
4.1.1 The free use of a two-person office (Approx 168 sq ft) furnished with 2 x Desk/chair/pedestal for 12 months commencing no later than 31st August 2024 in the Tremough Innovation Centre TR10 9TA
4.1.2 Up to 2 hours pcm free Business Support delivered by Cornwall Innovation
4.1.3 A draw down facility of up to the value £2000 provided and authorised by our competition sponsors, Hertzian Ltd for business support equipment and/or materials to be used within the initial 12 month tenancy
4.1.4 Free ICNET Connect broadband/Internet Connection package
4.1.5 No other occupancy costs for the first 12 months subject to signing a standard License Agreement
4.1.6 The License Agreement is nontransferable.
4.1.7 Free parking for up to 2 vehicles
4.1.8 Approximate retail value of prizes = £11,000
4.2 The Organiser reserves the right to impose additional reasonable conditions related to the Prize if necessary.
4.3 In the event that the Prize described in Clause 5.1 becomes unavailable for any reason, the Organiser reserves the right to substitute the Prize with another prize of equivalent value.
4.4 If the Prize is non-cash, there is no cash alternative available. The Prize must be accepted as awarded and is non-transferable.
4.5 Any tax implications arising from the receipt of the Prize are the sole responsibility of the Winner. The Organiser accepts no responsibility for any tax implications that may arise from the Prize winnings.
4.6 The Prize winner must enter into a License Agreement with Cornwall Innovation for a period of 12 months (and subject to 3 months’ Notice to terminate the Agreement for whatever reason by either side) commencing no later than 31st August 2024.
4.7 Business mentoring of 1 hour per quarter by Competition sponsers, Hertzian Ltd.
5. Selection and Notification of Winners
5.1 Selection Process: The Winner(s) of the Competition will be selected by a judging panel selected by Cornwall Innovation from all valid Entries received by us by the closing date. The selection will take place within 10 working days following the closing date of the Competition.
5.2 Notification Process: The Winner will be notified by the Organiser via email within 5 working days of the selection. The notification will include instructions on how the Winner(s) can claim their Prize.
5.3 Unclaimed prizes: If a Winner cannot be contacted or does not claim their Prize within10 working days of notification, the Organiser reserves the right to withdraw the Prize from the Winner and select a replacement, Winner.
5.4 Publicity: The Winner(s) agree(s) to the use of their name and image in any publicity material related to the Competition. Any personal data relating to the Winner(s) or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
5.5 Disqualification: The Organiser reserves the right to disqualify any Winner(s) if they have breached any of these Terms, are found to be ineligible, or cannot be contacted or do not claim their Prize within the specified time period.
6. Data Protection and Privacy
6.1 Data Collection: The Organiser will collect personal data from the Applicant, including but not limited to name, contact details, and any other necessary information for the purpose of managing entries to the Competition. The Applicant consents to this collection of personal data upon entering the Competition.
6.2 Data Use: The Organiser will use the collected data for the purposes of managing the Competition, contacting winners, and promoting the Competition. The Applicant consents to this use of personal data upon entering the Competition.
6.3 Data Storage and Security: The Organiser will store the collected data in a secure storage system, with appropriate measures such as encryption and access controls in place to protect the data from unauthorized access, alteration, or disclosure.
6.4 Data Sharing: The Organiser may share the Applicant’s data with third parties involved in the administration of the Competition. The Applicant consents to this sharing of personal data upon entering the Competition.
6.5 Data Retention: The Organiser will retain the Applicant’s data for a period necessary to fulfill the purposes outlined in this Agreement, after which the data will be deleted or anonymized.
6.6 Applicants’ Rights: The Applicant has the right to access their data, request corrections, object to processing, and request deletion of their data in accordance with the Data Protection Act 2018 and GDPR.
6.7 Contact Information: Any queries or concerns about the Applicant’s data should be directed to the Organiser.
7.0 Termination
7.1 Grounds for Termination: The Organiser reserves the right to terminate the Competition at any time if it believes, in its sole discretion, that the Competition cannot be conducted as specified in these Terms due to circumstances beyond its control, including but not limited to instances of fraud, technical difficulties, or any changes in the applicable laws and regulations.
8.0 Liability and Indemnity
8.1 Limitation of Liability: Except as expressly set out in this Agreement, the Organiser shall not be liable for any indirect, consequential, or punitive damages arising out of or in connection with the Competition, whether based on breach of contract, tort (including negligence), or otherwise, even if the Organiser has been advised of the possibility of such damages. The Organiser’s total liability, if any, shall not exceed the value of the Prize.
8.2 Exclusions from Liability: The Organiser shall not be liable for any failure to comply with its obligations under this Agreement where such failure is caused by something outside its reasonable control, including but not limited to technical failures, unauthorized intervention, or force majeure events.
8.3 Indemnity: The Applicant agrees to indemnify, defend, and hold harmless the Organiser, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of this Agreement, or any activity related to the Applicant’s entry into the Competition (including negligent or wrongful conduct).
8.4 Acknowledgement of Risks: The Applicant acknowledges and agrees that their participation in the Competition is at their own risk and that, to the extent permitted by law, the Organiser is not liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, which arises out of or is in any way connected with the Applicant’s entry into the Competition.
8.5 Insurance: The Applicant is responsible for obtaining any insurance they believe necessary or advisable to cover any potential liability or risk associated with entering the Competition.
9.0 Force Majeure
9.1 For the purposes of this Agreement, “Force Majeure Event” means an event beyond the reasonable control of the Organiser including but not limited to strikes, lock-outs or other industrial disputes, pandemics forcing a lockdown, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
9.2 The Organiser shall not be liable to the Applicant as a result of any delay or failure to perform its obligations under these T’s & C’s as a result of a Force Majeure Event.
9.3 If the Force Majeure Event prevents the Organizer from providing any of the Services for more than two weeks, the Organiser shall, without limiting its other rights or remedies, have the right to terminate any agreement immediately by giving written notice to the Applicant.
9.4 The Organiser shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
9.5 If a Force Majeure Event occurs, the Organiser shall notify the Applicant as soon as reasonably practicable of the nature and extent of the Force Majeure Event.
10.0 Entire T’s & C’s
10.1 These T’s & C’s including any schedules or annexes attached hereto, constitutes the entire agreement and understanding between the Organiser and the Applicant in relation to the subject matter hereof. It supersedes and extinguishes all prior agreements, drafts, undertakings, representations, warranties, and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter hereof.
10.2 The Applicant acknowledges that in entering into these T’s & c’s it has not relied on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Agreement. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this Agreement.
10.3 Any variation to this Agreement shall only be valid if it is in writing and signed by or on behalf of each of the parties.
10.4 The Applicant acknowledges that it has read and understood the terms of this Agreement and agrees to be bound by them.