Win a school building with TES – Terms and Conditions

Win a school building with TES – Terms and Conditions


1. To be eligible you will need to complete the entry form and email it to tes@tsleducation.com before 11.59PM on 20th November 2012.

2. The Prize

2.1 The Prize shall be an eco-friendly modular classroom, designed and built by Clearspace Construction Ltd, which has a market value of approximately £80,000. The designated Structures available are circa 60m².
Please visit the Clearspace Construction Ltd website at www.clearspacebuildings.co.uk/evolve for full details of the Structures on Offer.

2.2 Each of the Structures on Offer shall be large enough to accommodate thirty children.

2.3 An entrant may choose which of the three Structures on Offer best fits its individual requirements in respect of its designated site. Clearspace Construction Ltd shall use all reasonable endeavours to ensure that the Winner is supplied with the structure of its choice. Attention is drawn to condition 7 regarding the requirement of planning permission.

2.4 Should the Winner request that its chosen structure be modified in any way, then all such modifications shall be subject to an additional fee and/or charge, to be agreed between the Winner and Clearspace Construction Ltd. Subject to Clearspace Construction Ltd agreeing to carry out the necessary modifications to the Winner’s chosen structure, the Winner shall be responsible for the payment of all charges and/or fees relating to the modifications.

2.5 Inclusive of the Prize, Clearspace Construction Ltd agrees to: a) install electrical connections of a maximum length of ten metres; and b) repair any structural defects in the property for a period of three months.

2.6 In the event that the Winner requires any additional pipework and/or any other connecting pipework or wiring, over and above what Clearspace Construction Ltd agrees to install in accordance with clause 2.5(a), then the Winner shall be responsible for the payment of any additional charges and/or fees in respect of its installation.

2.7 The delivery and installation of the Prize shall, at all times, be subject to the Winner’s designated site being a suitable site on which to place the Winner’s chosen structure, which shall include the suitability of the ground conditions. Clearspace Construction Ltd reserves the right, in its absolute discretion, to deem that a site is an unsuitable site. Clearspace Construction Ltd shall assess the ground conditions of the Winner’s designated site and shall complete all other necessary checks that Clearspace Construction Ltd deems to be of relevance to determine the suitability of the site.

2.8 In accordance with the provisions of clause 2.7, should Clearspace Construction Ltd consider a Winner’s site to be unsuitable for the Prize, the Winner may, at the Winner’s discretion, take such steps, entirely at the Winner’s own cost, as are deemed necessary to render the site suitable. Should no such steps be taken, or should the site remain unsuitable in the opinion of Clearspace Construction Ltd, the Winner shall forfeit the Prize and Clearspace Construction Ltd reserves the right, in its absolute discretion, to perform a re-draw in accordance with the procedure outlined in clause 8.1.

2.9 The Winner shall be responsible for the payment of any charges and/or fees relating to any connection charges, in respect to the supply of water, electricity above 10 metres and gas.

2.10 The Prize is non-transferable. Clearspace Construction Ltd will not offer any cash alternative or any other prize in replacement or substitution of the Prize.

3. A shortlist of 6 schools will be selected by a TES and Clearspace Construction Ltd judging panel, based on the quality of their entry. The shortlist will be announced before 31 December 2012.

4. The winning school will be decided by a public vote. The start and end date of the public vote will be announced in December 2012. The winning school will be announced before 31 January 2013.

5. By participating you agree to the requirements set out in all promotional materials and the following General Terms and Conditions.

6. The competition may be promoted over several different websites simultaneously.

7. Not open to employees (or their immediate families) of TSL Education Ltd (“TSL”), its agencies or anyone else professionally associated with this promotion. TSL reserves the right to request proof of identity or to verify eligibility conditions and to award any prize to the winner in person.

8. Open to UK schools only. Maximum one entry per school. Entries via agents or third parties or the use of multiple identities and email addresses are not permitted. TSL reserves the right to disqualify late, misdirected, incomplete, corrupted, lost, illegible or invalid entries.

9.To enter you must provide your personal details with us. Your personal details will be used in accordance with TSL's current published Privacy Policy. We will not sell or share your personal details with any third party. Personal details will only be used for managing your subscription and related marketing purposes if you have consented to receive future marketing from TSL.

10. By entering, you agree to have the information you provide on your entry form shared with Clearspace Construction Ltd who are co-hosting this competition.

11. By entering, you confirm that you have the necessary approvals and consents of the relevant Education Authority, Trustees/Board of Governors and Landowners to enter the competition and allow Clearspace Construction Ltd to implement and facilitate the Prize on the designated site.

12.We require a response before awarding any prize and no response is received within a reasonable period of time, TSL reserves the right to withdraw the prize entitlement and will award the prize to a substitute winner drawn at the same time as the first name(s) selected. Any prize which is returned as undelivered will be awarded to the substitute winner or given to charity.

13.The winner will be contacted by email within 48 hours of the promotion closing date and the prize must be claimed within 28 days of the draw.

14.Unless otherwise agreed with the Promoter, the prize will only be directly awarded to the winner.

15 Planning Permission

15.1 Clearspace Construction Ltd shall apply for planning permission on behalf of the Winner. Clearspace Construction Ltd shall be responsible for the payment of any charges and/or fees relating to the application for, and obtaining of planning permission, in the first instance.

15.2 In the event that Clearspace Construction Ltd’s application for planning permission is unsuccessful, and the Winner wishes to appeal the decision, the Winner shall pay all associated charges and/or fees connected with the appeal.

15.3 In the event that Clearspace Construction Ltd’s application for planning permission is unsuccessful, and the Winner decides not to appeal the decision, the Winner shall forfeit the Prize and Clearspace Construction Ltd reserves the right, in its absolute discretion, to perform a re-draw in accordance with the procedure outlined in clause 8.1.

16 Title to the Prize

16.1 Ownership of, and title to, the Prize shall not transfer from Clearspace Construction Ltd to the Winner until the physical installation of the structure on the Winner’s site has achieved the stage of practical completion. Until that time, ownership shall remain vested in Clearspace Construction Ltd.

16.2 Clearspace Construction Ltd shall take out the necessary insurance cover in respect of the structure until practical completion is achieved.

17 Entrants accept that, if they win, Clearspace Construction Ltd will have the right, without additional payment or permission, to use the name of the winning school or educational institution for the purposes of announcing the Winner of this competition and for related promotional purposes.

18 Clearspace Construction Ltd’s Obligations

18.1 Clearspace Construction Ltd shall run the Competition in accordance with these Terms and Conditions.

18.2 Clearspace Construction Ltd agrees, subject to the Winner obtaining all of the necessary consents and approvals (as outlined in clause 3.3) and Clearspace Construction Ltd successfully obtaining planning permission on behalf of the Winner (outlined in clause 7), to do the following: a) to supply and deliver the Prize to the Winner, and implement the Prize on the Winner’s designated site within 12 months of the grant of planning permission; b) Clearspace Construction Ltd shall be responsible for the payment of any charges and/or fees incurred in relation to the delivery of the Prize to the Winner’s designated site.

19 Limitation of Liability

19.1 Clearspace Construction Ltd shall not be liable in respect of any event of default for loss of profits, goodwill or any type of special, indirect or consequential loss, including loss or damage suffered by the Winner in connection with the Competition, or as a result of any action brought by a third party in connection with the Competition, even if such loss was reasonably foreseeable.

19.2 Clearspace Construction Ltd shall not be responsible for any loss occasioned to any person acting or refraining from actions as a result of using the Prize in accordance with the performance of these Terms and Conditions.

19.3 For the avoidance of doubt, Clearspace Construction Ltd shall not be liable for any loss resulting from, or in any way arising out of or in connection with, the Winner’s, or any third party’s: a) inappropriate use of the Prize; or b) failure to exercise reasonable levels of due care and attention when using and/or maintaining the Prize.

19.4 Nothing in these Terms and Conditions excludes or limits Clearspace Construction Ltd’s liability for: a) death or personal injury caused by the Winner’s negligence; b) fraud or fraudulent misrepresentation; c) any other matter for which it would be illegal for Clearspace Construction Ltd to exclude or attempt to exclude its liability.

20 Intellectual Property Rights

20.1 Clearspace Construction Ltd is the sole and exclusive owner of all intellectual property rights, including all patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up and rights in designs, in the Prize. All such rights are reserved.

20.2 Clearspace Construction Ltd shall acquire no intellectual property rights in the Prize at any time.

20.3 Without prejudice to the generality of this clause 12 all Clearspace Construction Ltd logos, and all other Clearspace Construction Ltd trademarks, product names, and trade names appearing in conjunction with the Competition, are owned by Clearspace Construction Ltd.

21 Force Majeure

Clearspace Construction Ltd shall not be liable for any failure or delay in the Competition, or for any failure or delay in the delivery of the Prize, occasioned by circumstances beyond its reasonable control including (but not limited to) acts of God, fire, flood, explosion, accident, inability to supply the materials, breakdown of equipment and labour disputes involving Clearspace Construction Ltd and the Winner, nor in respect of any claims made upon the Winner, or any other person, by reason of the use of the Prize.

22. No cash or other alternative prizes are available, except that in the event of circumstances outside of its control TSL reserves the right to substitute a similar prize of equal or greater value.

23. TSL has arranged this Promotion in good faith but, to the fullest extent allowed by law, accepts no responsibility for loss or damages as a result of anyone participating in the Promotion or any aspect of any prize awarded. Your legal rights as a consumer are not affected.

24. TSL reserves the right to modify, suspend, cancel or terminate the promotion or extend or resume the entry period or disqualify any participant at any time without giving advance notice and will do so if it cannot be guaranteed that the promotion can be carried out fairly or correctly for technical, legal or other reasons or if TSL suspects that any person has been manipulating entries or the results or has acted unethically in any other way.

25. Email safety In the event that TSL wishes to contact you in connect with your entry we will do so via an email ending in 'tes.co.uk' or ‘tsleducation.com’ or by phone with a follow up e-mail. However, an email ending in 'tes.co.uk' or ‘tsleducation.com’ is not a guarantee that the email is authentic. Any email which appears to come from TSL but using a different ending (e.g. webmail accounts such as hotmail.com, yahoo.com, gmail.com etc) should be treated with suspicion and forwarded to Customer Service. DO NOT respond or act on any e-mail if you are not sure that it comes from TSL. If you are in any doubt please contact Customer Services on 0203 194 3000.

26. Winners will be required to participate in reasonable related publicity without further payment or permission. TSL may publish the first name, surname and/or town/city. In the absence of participation, TSL reserves the right to withdraw the prize entitlement, without recompense and award the prize to the substitute.

27. For information regarding the name of the winner please visit www.tes.co.uk/building within 3 months of the closing date.

28. TSL's decision is final and we reserve the right not to correspond on any matter.

29. TSL is registered in accordance with the UK Data Protection Act and complies with regulatory requirements and expectations related to Privacy.

30. The laws of England apply and any disputes will be dealt with in the English courts only. Promoter: TSL Education Ltd, 26 Red Lion Square, London WC1R 4HQ, United Kingdom