Terms and Conditions of Grant

The Choose Now, Change Lives campaign places Boost as the catalyst for change in the community by supporting community groups and organisations that make a real difference in local areas.

Terms and conditions of promotion and grant

Definitions

“We” and “our” refer to the organisation receiving the grant bound by these terms and conditions. “You” and “your” means Groundwork UK and includes our employees’ and partner organisations. The “project” means the project that you have received as set out in your application and any supporting documents, and/or as varied by the Grant Agreement. The “Grant Agreement”, which you have accepted and signed, includes and incorporates these standard terms and conditions and the signed grant offer letter together with any other conditions we have agreed. We understand that the Grant Agreement will only start after you are satisfied with all our supporting documentation and will come into force on the date that our grant agreement is signed.

Promotional Terms

  1. Promoter: Boost Drinks Ltd, 1270 Century Way, Thorpe Park, Leeds, LS15 8ZB.
  1. Eligibility: Open to GB residents only aged 18 years and over, excluding employees and their immediate families of Boost Drinks Ltd, its agents and anyone professionally connected with the promotion.
  1. Internet access and a valid email address are required to enter. 
  1. Application Instructions:

To apply, go to www.boostdrinks.com/ChangeLives, complete the online application form & submit.

Applications are welcome on behalf of all sections of the community and all age groups.

To submit an application, you must be a member of the club or team being nominated.

Please ensure that you have the authority or permission to submit an application on behalf of the organisation and that, as far as you are aware, yours is the only application to Boost Drinks and Groundwork for organisation. Multiple applications on behalf of the same organisation may impede the judging process and invalidate the application.

Due to the high number of ideas expected in relation to the number of awards that can be made on this scheme, we have introduced an expression of interest stage which is done through Survey Monkey. This is a short questionnaire that you will need to complete and will allow us to get a feel for what you can do in your local community to demonstrate impact, diversity and legacy.

It also allows us to see where you are based, what your organisation does and gives you the opportunity to tell us how you would spend £1,000 – £10,000 if you were successful in securing funding through this scheme.

Boost would like to be the sole funder for any projects supported so your project must be discrete and not part of a wider scheme.

  1. The Promoter reserves the right to disqualify any applications if they are:
  • applications made in breach of these terms & conditions (of which instructions form part);
  • applications nominating organisations, groups or other entities which are ineligible under these terms & conditions;
  • applications where the organisation does not, if and when contacted by the Promoter, agree to participate in the process on the basis of these terms & conditions, and any applicable requirements of the Promoter;
  • applications which include inappropriate, discriminatory, illegal or offensive content;
  • applications that seem to be duplicates or not legitimate;
  • dishonest applications; and
  • which, in the reasonable opinion of the Promoter and the judges do not constitute a positive endorsement of a Nominated Group
  1. Bulk applications made from trade, consumer groups or third parties will not be accepted.  Incomplete or illegible entries, or via third parties or syndicates, entries by macros or other automated means and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified and will not be counted.  If it becomes apparent that a participant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that team or group’s applications in a way that is not consistent with the terms of the promotion, that person’s entries will be disqualified and any prize award will be void.
  1. The promoters will verify all applications prior to making any award, including (but not limited to) establishing the eligibility and authority of the person submitting the application and the eligibility of the organisation. The Promoter may require such information as it considers reasonably necessary for this purpose and may withhold any award, or the opportunity to be considered for an award, until the Promoter is satisfied with the verification. 
  1. Promotional Period: Opens for applications 01/03/2021 and closes for applications 23:59 07/09/21 (the Application Period).
  1. No responsibility can be accepted for entries lost, delayed, corrupted, damaged, misdirected or incomplete or which cannot be delivered for any technical, delivery or other reason. Proof of sending is not proof of receipt.
  2. The Prize Fund: There is a total of £20,000 worth of grants available. There are three judging rounds and for each round up to three organisations will be chosen to be awarded a grant with a value between £1,000 and £10,000 if successful in securing funding in the scheme. In order to be considered in the judging process, applications for each round need to be submitted by 23.59pm on the below dates:
    1. 9th May 2021
    2. 18th July 2021
    3. 26th September 2021
  3. The promoter reserves the right to award additional prizes on an ad hoc basis during the promotional period, unrelated to the main competition prizes and judging process. Awarding of such an ad hoc prize is neither an indication of a organisation being shortlisted for a main grant, nor does it preclude them from winning a grant.
  1. Grantee Selection: All valid applications will be reviewed by a judging panel and three finalists will be chosen for each round to go through to a public vote. All applications received during the promotional period will be considered at each applicable judging round. E.g. If an application is received in the first round, it will have three chances of being selected. Judging will take place on the following dates:
    1. 20th May 2021
    2. 29th July 2021
    3. 7th September 2021
  1. Vote Gartering: Once three finalists have been selected by the Boost judging panel they will receive tools to support them in garnering public votes over a 2 week period. Each applicant will be provided with a page at www.boostdrinks.com/ChangeLives which the public can visit to cast their vote. At the end of the 2 week period, the applicant with the most votes will be awarded a grant between £1,000 and £10,000. The final amount being awarded will be at the discretion of Boost. Grantee’s will have the opportunity to work with Boost to drive votes for each of their campaigns.
  1. The grantees will be the organisations which, in the opinion of the judges, best reflect and encourage the following values (Judging Criteria):
  • Diversity – benefit a diverse range of communities
  • Legacy – the grants should leave a lasting legacy for the community to enjoy for years to come
  • Impact – the project should be high impact and make a real difference to a community
  1. Scoring: The weightings applied to the Judging Criteria will be as follows: (a) Diversity: 15% (b) Legacy: 15% (c) Impact: 70%. The Promoter reserves the right to consider information about the Nominated Group gathered from other publicly available sources in assessing the eligibility of any Nominated Group and in the judging process. 
  1. The grantees will be notified by phone/email within 28 days of the judging taking place. All grant winners must acknowledge this notification within 7 days and must also provide such other documentation as the Promoter may reasonably request to confirm their award. 

Grantee’s will have the opportunity to work with Boost to drive votes for each of their campaigns. 

  1. The Promoter reserves the right to forfeit any prize if it reasonably suspects that the relevant winner is not eligible under or has not complied with these Official Rules.
  1. All winners are required to take part in reasonable video, photographic and other publicity in connection with this promotion with no further recompense.
  1. The names of the winning teams will be published on the Boost Drinks social media platforms and will be available for 3 months after announcement date by emailing choosenowchangelives@groundwork.org.uk
  1. There are no cash or other prize alternatives available, in whole or in part, except owing to circumstances outside the reasonable control of the promoter, the promoter reserves the right to substitute any prize for an alternative of equal or greater value. 
  1. General: The Promoter reserves the right to vary, alter or terminate this promotion due to unforeseen circumstances beyond its reasonable control and where circumstances make this unavoidable. Neither the Promoter nor the promotional parties assume any responsibility or liability for any incorrect or inaccurate entry, or for any faulty or failed electronic data transmissions; inaccessibility or unavailability of the internet or the website or any combination thereof; regretfully, we cannot be held liable for system failures on the website. Neither can we be held responsible for the failure to fulfill the obligations of any third parties involved in this promotion, although we will always endeavor to minimise the effect to the participant of any such failure.
  1. The Promoter reserves the right to verify all entries including but not limited to asking for address and identity details (which they must provide within 4 days) and to refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the promotion and disqualify the participant where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this promotions entry requirements or otherwise where a participant has gained unfair advantage in participating in the promotion or won using fraudulent means. The Promoter will be the final arbiter in any decisions and these will be binding and no correspondence will be entered into in relation this clause.
  1. By submitting their application for the Promotion, all applicants agree to grant the Promoter permission to use the contents of their application for promotional purposes in any of its social media pages (including without limitation on Facebook, Instagram and Twitter), in digital publications and on its website and across any other media (including media owned or controlled by third parties) without further permission or remuneration.
  1. To the fullest extent permitted by law and excluding death or permanent injury caused as a result of the Promoter’s negligence, the Promoter accepts no liability for loss or injury as a result of the Promotion or receipt or misuse of any prize.
  1. Valid wherever legal only, the rules of this promotion are subject to the legal and regulatory restrictions imposed under United Kingdom law and the parties to any dispute or action shall submit to the exclusive jurisdiction of the United Kingdom courts.
  1. Your personal details will be used solely for the purposes of administering this promotion and will be destroyed afterwards unless you have specifically opted-in to receive further information or promotions from Boost Drinks. Any personal data will be used solely in accordance with current data protection legislation. For the promoter’s privacy policy, please visit www.boostdrinks.com/privacy/. Please note that in processing winning claims, the promoter may disclose your details to affiliates or third parties involved in the fulfillment process.
  1. The Grant

1.1 We will use the grant exclusively for the project. We will hold any unused part of the grant in trust for you at all times.

1.2 We will inform you of any underspend within a reasonable time to discuss the appropriate use.

1.3 During the period of the grant we will act in a fair and open manner without distinction as to race, religion, language, age, gender, sexual orientation or disability, and in compliance with relevant legislation.

1.4 We will make sure that all current and future members of our governing body or our executive team, if we are a statutory organisation, receive a copy of these terms and conditions while the Grant Agreement remains in force.

1.5 We will ensure that at all times while the Grant Agreement is in force we are correctly constituted and regulated and that the receipt of the grant and the delivery of the project are within the scope of our governing documents, and if asked by you we will provide a legal opinion from our solicitors confirming this.

  1. The project

2.1 We will get your written agreement before making any change to the project or to its aims, structure, delivery, duration or ownership.

2.2 We agree to make satisfactory progress with the project and complete it within six months of receiving the grant offer letter.

2.3 Work must start on the project within 4 weeks of the grant offer being accepted so that Boost may have material for project promotion at any time.

2.4 We will not use the grant to pay for any spending commitments we have made before the date of the Grant Agreement unless agreed by you.

2.5 We understand that 100% of the grant amount will be drawn down by us at the start of the project on return of the completed grant acceptance confirmation.

2.6 We understand that grant money will be transferred to our account within 20 working days of submission of the grant acceptance paperwork (subject to approval).

2.7 We will inform you of any offer of funding for this project from anyone else at any time during the project.

2.8 We will acknowledge the grant publicly as appropriate and as practical. We will follow your branding and publicity guidelines at all times. We will acknowledge your support and the support of Boost Drinks in any published documents that refer to the project, including any advertisements, accounts and public annual reports, or in written or spoken public presentations about the project. We understand that you will monitor our compliance with the guidelines and will take appropriate action if we breach these guidelines.

2.9 We hereby consent to any publicity about the grant and the project as you may from time to time require. You can carry out any forms of publicity and marketing to promote the award of the grant as you see fit. We agree to do whatever you reasonably require in order to assist with any form of publicity and marketing, including any press or media related activities.

2.10 We will tell you promptly about any changes to information we have provided and will make sure that the information you hold is always true and up to date.

2.11 General Data Protection Regulation (GDPR)

Boost Drinks are committed to ensuring that the Company and its employees legally comply with the Data Protection Act 2018. The correct treatment of personal information is very important to our successful operations and to maintain confidence between those we deal with and ourselves.

Boost Drinks has an obligation under the Data Protection Act 2018 to ensure that all information it obtains, holds, uses or discloses is processed in a fair and proper way. The act includes all forms of personal data whether held on computer or in paper based form.

Boost has put in place measures to protect the security of your personal information. It has internal policies, procedures and controls in place to try and prevent your personal information from being accidentally lost or destroyed, altered, disclosed or used or accessed in an unauthorised way. In addition, we limit access to your personal information to those employees, workers, agents, contractors and other third parties who have a business need to know in order to perform their job duties and responsibilities

Boost also has in place procedures to deal with a suspected data security breach and we will notify the Information Commissioner’s Office (or any other applicable supervisory authority or regulator) and you of a suspected breach where we are legally required to do so. 

Who Groundwork are 

Groundwork UK is the data controller and contract holder (ICO registration number Z6601182) responsible for personal data about Boost Choose Now Change Lives  applicants and approved grantees.

Groundwork do not trade personal data for commercial purposes and will only process data it if required by law, necessary to administer grants, or with consent.

Groundwork UK uses GIFTS grant management system to store personal data in order to administer grants. GIFTS data is hosted on Microsoft Azure servers within the EU.

How Groundwork will use personal data 

Personal data is information which relates to, or could be used to identify you or another person. Data protection legislation does not relate to non-personal information – for example, about an organisation or project.

Groundwork will process the personal data provided for the purpose of administering the grant application (assessing the application, grant due diligence, processing grant payments grant variations, grant monitoring, end of grant reporting) on the basis of a contract (the Grant Agreement) between us and Groundwork UK.

The personal information Groundwork will hold will be our name, contact details and payment information. If we are using an accountable body to process your grant funds, Groundwork will hold the organisation information and organisation payment information.

Where we choose to receive email marketing about Groundwork UK’s other activities, you will process your contact information out on the basis of your consent for us to do so.

To protect Groundwork’s legitimate interests, they may also conduct checks against records held by other government departments, and other agencies for the purposes of assessing our eligibility for a grant, preventing fraud, or for the purposes of the prevention or detection of crime.

Groundwork may share the personal data that you provide with Enablers who work for Groundwork Trusts in order for them to provide support with this or any future application to Choose Now Change Lives.

All information will be shared with Boost (the funding body) for evaluation purposes.

Groundwork need to keep the details of financial transactions for 7 years, in the event of a tax or banking enquiry.

2.12 We agree to meet all laws regulating the way we operate, the work we carry out, the staff we employ or the goods we buy. We will pay attention to equalities in the way we run the project, including language. We will ensure that we have an equal opportunities policy in place at all times, to help us comply with all relevant laws and good practice throughout the period of the Grant Agreement. We will obtain all approvals and licences required by law or by you.

2.13 If our project involves work with children, young people or vulnerable adults (“vulnerable people”), we will take all reasonable steps to ensure their safety. We will obtain the written agreement from the legal carer or guardian before having any direct contact with any vulnerable person.

We will have an appropriate written policy and set of procedures in place at all times to safeguard vulnerable people, which will include procedures to check backgrounds and disclosures of all employees, volunteers, trustees or contractors who will supervise, care for or otherwise have significant direct contact with vulnerable people with the Disclosure and Barring Service (DBS) or Disclosure Scotland.

We shall ensure:

  • we have adequate policies and procedures in place to safeguard all those involved in the  project (or who otherwise may be impacted by the existence of the project) from all forms of harm, abuse, exploitation and harassment. This includes consideration of the prevent duty.
  • our safeguarding policies and procedures are fully implemented and that this implementation and on-going adherence is monitored with appropriate and timely steps taken to address any potential or actual breaches.
  • all staff, volunteers and other representatives of our organisation are fully aware and understand our safeguarding policies, procedures and requirements and are provided with appropriate levels of training and active guidance to ensure that they can fulfil their obligations.
  • that there are accessible and appropriate mechanisms for beneficiaries, staff and others to report safeguarding concerns and that all safeguarding reports are taken seriously and receive a rigorous and timely response that ensures the safety and well-being of all those impacted (or potentially impacted).
  • If, in delivering our project, we work with partner organisations, service providers or others, we will ensure that they comply with all safeguarding measures set out in these Conditions of Grant.

How to report any safeguarding issues or incidents

We will notify Groundwork UK of any safeguarding incidents that may occur. Guidance on reporting safeguarding incidents to Groundwork UK can be found here.

Any incidents or concerns will be reported immediately to:

Philippa Neate, Programme Coordinator      0121 237 5884 07715 169568            Philippa.neate@groundwork.org.uk

Mohammed Kazi, Programme Manager        0121 237 5783 07971 399 684            mohammed.kazi@groundwork.org.uk

We acknowledge that Groundwork UK does not have the specialist expertise to advise on our Safeguarding and Protection Policies and procedures as these must be tailored to fit the activities of our own organisation.

2.14 If we are a charity, we will register with the Charity Commission or the Office of the Scottish Charity Regulator if our income goes over their minimum exemption figure.

2.15 We will maintain adequate insurance at all times and if asked, will supply copies of confirmation to you. This includes all appropriate insurance for any activities we provide, any assets we have purchased with the grant and employee and public liability insurance. If any asset is damaged, destroyed or stolen we must tell you in writing and we must repair and replace it.

2.16 You have the right to reproduce any of our application or subsequent information supplied by us to you for any purpose as you see fit without any right of a claim by us in respect of copyright.

  1. Our organisation

3.1 We will get your written agreement before:

  • Changing our governing document, (unless we are a statutory organisation) concerning our aims, payments to members and members of our governing body, the sharing out of our assets (whether our organisation is dissolved or not), or the admission of any new members; or
  • Transferring our assets to, or merging or amalgamating with, any other body, including a company set up by us.

3.2 We will write to you as soon as possible if any legal claims are made or threatened against us and/or which would adversely affect the project during the period of the grant (including any claims made against members of our governing body or staff concerning the organisation).

3.3 We will tell you in writing as soon as possible of any investigation concerning our organisation, trustees, directors, employees or volunteers carried out by the Police, Charity Commission, the Office of the Scottish Charity Regulator, HM Revenue & Customs or any other regulatory body.

3.4 We will be available for meetings with you and allow full and free access to our records however and wherever held and to any of our offices or buildings to you.

3.5 We will inform you in writing if our organisation needs to be dissolved or wound-up.

  1. VAT

4.1 We acknowledge that the grant is not consideration for any taxable supply for VAT purposes by us to you. We understand your obligation does not extend to paying us any amounts in respect of VAT in addition to the grant and that the grant made by you is inclusive of VAT.

4.2 We agree to repay you immediately any VAT we recover whether by set-off, credit or repayment to the extent that any such VAT cost is included in the grant.

4.3 We will notify you immediately if any irrecoverable VAT claimed under the grant becomes recoverable.

4.4 We will keep proper and up to date records relating to VAT, and we will make such records available for you to look at and give you copies when requested.

4.5 If you have funded all of the VAT costs for our project, we agree to refund immediately all of the VAT we recover to you.

4.6 If you have funded a proportion of the VAT costs for the project, we agree to refund immediately the same proportion of the VAT recovered to you.

  1. Our annual report and accounts

5.1 We will keep proper and up to date accounts, timesheets, invoices and other relevant records for at least three years after the termination of our grant, which show how the grant has been used. We will make these financial records available to you to look at and give you copies.

5.2 We will refer to Change Lives Choose Now funding as a restricted grant in our accounting documents to reflect the status of the funding.

  1. Monitoring

6.1 We will monitor the progress of the project and complete any reports you require using the forms you send us.

6.2 We will update you on progress of the project on request and will send you any further information you may ask for from time to time about the project or about our organisation, and its activities, the number of users and other beneficiaries and such other information as you may require from time to time. You may use this information to monitor or publicise the project and/or evaluate your grants programmes.

6.3 We understand that you may ask for photographs at any stage of the project at any time and we agree to comply with this request.

6.4 We will fill in interim reports and a Project Completion Report on the project using the forms you send us. We understand that the grant is finished only after we have completed these reports to your satisfaction and you have received to your satisfaction the evidence of expenditure you have requested for the period of the Grant Agreement.

6.5 We will tell you immediately in writing of anything that significantly delays, threatens or makes unlikely the project’s completion.

6.6 We will provide a before and after photograph of the project site (where applicable) in order to show the progress that has been made.

  1. Payment of grant

7.1 You will pay the grant by bank transfer (BACS) into a UK-based bank account or building society account in our name, which requires the signatures of at least two authorised people for every withdrawal

7.2 You will pay all of the grant upon satisfactory fulfilment of the grant offer conditions.

7.3 We will submit any invoices higher than the value of £1,000 with our final grant claim.

7.4 We will notify you with immediate effect of any changes in details of our bank account.

  1. Length of Grant Agreement

8.1 These terms and conditions and the Grant Agreement remain in force for whichever of these is the longer time:

  • For one year following the payment of the grant.
  • As long as we do not carry out any of the terms and conditions of the Grant Agreement or any breach of them continues (this includes any outstanding reporting on grant expenditure or project delivery).
  1. We understand that

9.1 You can only guarantee the grant as long as funds from Boost are available and you continue to operate.

9.2 You may share information about our grant with any parties of your choice. Details of the project may, at your sole discretion and without payment to us, be broadcast on television, on your website, in newspapers and through other media.

9.3 You will not increase the grant if we spend more than the agreed budget.

9.4 You accept no liability for any consequences, whether direct or indirect, that may come about from our running the project, the use of the grant or from a withdrawal of our grant.

9.5 You may demand repayment (and we will repay when asked) of all or part of the grant at your absolute discretion, in any of the following circumstances if:

  • We fail to meet any of these terms and conditions;
  • We completed the application form dishonestly or significantly incorrectly or misleadingly;
  • We or any other person or organisation operating for us gave you any  significantly misleading or inaccurate information, whether deliberate or accidental, during the application process, or during the period of the Grant Agreement;
  • Members of our governing body, volunteers or staff act at any time during the project dishonestly or negligently or in any way, directly or indirectly, to our detriment or to the detriment of our organisation or the project or to the detriment of your reputation;
  • Our organisation, members of our governing body, employees or volunteers are subject to an investigation or formal enquiry by the Police, Charity Commission, the Office of the Scottish Charity Regulator, HM Revenue and Customs or other regulatory body;
  • We receive duplicate funding from any other source for the same or any part of the project;
  • There is a significant change of purpose, ownership or recipient, either during the project or within a reasonable period after its completion, so that you judge that the grant is unlikely to fulfil the purpose for which you made it;
  • At any stage of the application process or during the period of the Grant Agreement we do not let you have information that would affect your decision to award, continue or withdraw all or part of the grant;
  • We are or become legally ineligible to hold the grant and/or
  • If you have reasonable grounds to believe that it is necessary to protect Tesco customers’ money.

9.6 You may demand repayment of all or any of the grant if it is likely that our  organisation will have to stop operating, may be dissolved or become insolvent, or is likely to be put into administration or receivership or liquidation, or we are about to make an arrangement with, or guarantee a Trust Deed to our creditors.

9.7 We may not transfer any part of the grant or this Grant Agreement or any rights under it to another organisation or individual, unless we have entered into an agreement, authorised by you, requiring us to work with another organisation in delivering the project.

9.8 You may reject any future application from us if we do not comply with these terms and conditions or you judge that we did not handle the grant adequately or if we failed to complete any requests for information you made to us.

  1. Additional conditions

10.1 You have the right to impose additional terms and conditions on the grant where necessary.

10.2 We understand that all on-going maintenance costs for any capital items are our responsibility.

10.3 We agree that any information provided in our application can be used for purposes described under your data protection policy.

10.4 If any information about our application is requested under the Freedom of Information Act, we will release it in line with our Freedom of Information policy.

10.5 Photographs/Video use and consent – In order to promote the programme we would be willing to send you photographs and video of our project; this may be when works are ongoing and on project completion.

Guidelines on the style of photos/videos required would be provided but the main thing is that there are people in the photos using the space, whether this is working on it (if not complete) or enjoying it. We appreciate it is difficult but we would like the photos to be ‘unposed’ – to look as natural as possible. Also it is very important that anyone in the photos confirms their consent as we are planning on using these photos across social and in PR to promote the scheme.

Please see below for some further pointers:

  • Our photography style is what we proudly describe as the ‘real’ real.
  • It is honest, capturing real people in genuine environments.
  • Candid snapshots, looking for accidental shots and expressions, not planned and styled.
  • It’s not about polished, posed, perfection; it’s about celebrating spontaneity, quirkiness, awkwardness, fun and diversity

Photos/video can be taken on a Smartphone but if you have access to a good quality camera this would be preferred. If taking with a Smartphone please bear in mind that the further away the photo is taken the better (i.e. no close-ups). When you submit the photos please send them as ‘actual size’ so that they are as high resolution as possible.