Promoter’s name and address
1.1 The promoter is Heathrow Airport Limited of The Compass Centre, 1st Floor, Nelson Road, Hounslow, Middlesex, TW6 2GW (“The Promoter”).
2.1 The Promoter is promoting the competition (“Competition”) to identify and develop an idea that supports the sustainability of Heathrow Airport (the “Airport”) which may be around one or more of the following areas:
2.1.1 circular economy as applied at and around the Airport;
2.1.2 advanced, sustainable and low carbon materials; or
2.1.3 measuring and enhancing quality of life locally in communities around the Airport.
3 Opening date
3.1 This Competition will be open from the time of publication of these Terms and Conditions on the website and entries received on or after this time will be valid. Entries made before this date will not be valid.
4 Closing date
4.1 The closing date for this Competition will be 23:59 on 22nd May 2019 (“Closing Date”) and any entries received after this date will not be valid and shall be disqualified.
5.1 Entry is open to all limited companies registered in the UK (a “Participant”).
5.2 The Competition is open to any existing suppliers of the Promoter and companies that have directors and/or shareholders that are the Promoter’s employees. It is not open to any companies, agencies or family members of employees directly connected with the creation or administration of this Competition.
5.3 A maximum of one entry per Participant is permitted. Submission of duplicate entries will not be valid and only the first submission will be valid and considered by the Promoter.
5.4 Any breach of these terms and conditions by an entrant or any dishonest, misrepresentative or fraudulent conduct will void an entry.
6.1 The Competition prize will be an invitation to run a pilot of the winning Idea at the Airport (“Pilot”), and a prize fund of £30,000 to implement the Pilot at the Airport. The payment terms of the prize money will be agreed between the parties and will be set out in the contract that the Winner will be required to enter into for the Pilot. The contract will be on the Promoter’s Contract Terms (as defined in clause 7.11). No prize will be awarded to the Runners Up (as defined in clause 7.17),
(each a “Prize” and together the “Prizes”).
6.2 Prizes are non-exchangeable and non-transferable.
7 Mechanics of Competition
7.1 Entry is free of charge and the Promoter shall not charge any participants for entering or attempting to enter the Competition.
7.2 All entrants agree to comply with these Terms and Conditions
7.3 To submit an entry, entrants must complete an online application form with all required information. All entries must be submitted before the Closing Date.
7.4 Each entrant is required to provide accurate and complete information when completing the application form and to inform the Promoter if any of the application information changes between making the application and notification of the judging result. The Promoter reserves the right to check the validity of the information provided at any stage during the Competition and to disqualify, at any time during the Competition, any entrants who have submitted incorrect or misleading information.
Selection of Finalists
7.5 All entries submitted before the Closing Date will be assessed by the Promoter. The Promoter will pick no more than six (6) entrants to be chosen for the pitch process (together the “Finalists” and each a “Finalist”).
7.6 The Finalists will be notified by telephone or email (using details provided at entry) within ten (10) working days of the Closing Date. If any Finalist does not acknowledge receipt within five (5) working days of being notified, then that Finalist will lose their chance to continue to the Judging panel and the Promoter shall be entitled to select another Finalist in accordance with the process described above. The Promoter will use reasonable endeavors to notify any entrant who is not a Finalist that they have not been successful by telephone or email (using details provided at entry) within ten (10) working days of the Closing Date.
7.7 Finalist entries will be evaluated by a judging panel of the Promoter’s representatives (“Judging Panel”) who will assess each Idea on such criteria as they will decide in their sole discretion, which may include but not be limited to the following:
- Innovation – the extent to which the Idea represents a new market space, process, product or service, or an existing process, product or service which is newly applied to the operation of an airport or the aviation sector;
- Sustainability – the extent to which the market, process, product or service is driven by social, environmental or sustainability issues and/or the extent to which it would, if successful, have a sustainability benefit to the airport and/or the local community. Applicants are referred to Heathrow 2.0 for further details of sustainability issues that the airport operator considers to be relevant;
- Achievability of an at-airport Pilot in 2019;
- Affordability of implementing the proposed Pilot within the £30,000 Prize. For the avoidance of doubt any costs of the Pilot above the £30,000 Prize fund will be the responsibility of the Winner;
- Resourcing plan – the proposed project management and delivery structure and the extent to which the Pilot can or will involve the Promoter’s colleagues in delivery (please note that the Promoter can give no warranty for support being given by the Promoter’s colleagues in delivery and this should be taken into account);
- Adherence to the Restrictions and Requirements detailed below;
- Potential risks that the Pilot could pose to the safe, secure and efficient operation of the Airport and the applicants proposals for mitigation of any such risks,
and any other criteria as decided by the Promoter from time to time and made available to the entrants.
Restrictions and Requirements
7.8 The space requirement needs for the Idea must be realistic within an operational site and must be clearly set out in the application.
7.9 The Idea must not involve any physical interface with Airline-owned assets.
7.10 Any software required to operate the Idea must be independently provided and hosted by the entrant.
7.11 The Idea must not be sold, licensed to third parties, retailed or brought to market by the Winner during the contract term for the Pilot and any subsequent contract term with the Promoter (if applicable).
7.12 The Winner will be required to enter into a contract with the Promoter on its standard terms and conditions stipulating the operational, financial and commercial terms of the Pilot, for a period of six (6) months or as long as reasonably necessary for the Pilot to be completed, as agreed between the parties (“Contract Terms”). See clauses 7.20 – 7.22 for more details.
7.13 The Finalists will be made aware of the Contract Terms on being notified of becoming a Finalist and shall keep the Contract Terms strictly confidential in accordance with clause 10 of these Terms and Conditions.
7.14 Following the Pilot, the parties may agree to enter into a new agreement for future the provision of further products and/or services by the Winner. If the parties agree to enter into a new agreement, it shall be on new contract terms as agreed between the parties. The parties are under no obligation to agree to enter into any new agreement.
7.15 The Winner will be required, as appropriate, to collaborate and work alongside the Promoter to deliver and develop the Pilot in order to provide the maximum benefit to the Promoter and its passengers.
7.16 No more than six Finalists will be selected to present their Idea to a Judging Panel. Each Finalist will have the opportunity to deliver a pitch to the Judging Panel of no longer than twenty minutes in length (including answering questions of the Judging Panel). The pitches will be delivered via an online video conferencing facility and may be supported by supplementary information such as diagrams and photographs as relevant.
7.17 Following the delivery of all Finalist pitches, one of the Finalists may be selected as the winner of the Competition (the “Winner”) and all other Finalists who delivered a pitch will be regarded as runners up (the “Runners Up”).
7.18 The Winner and Runners Up will be notified by email within one (1) week of the date on which the final pitch is delivered. If the Winner does not then respond within a further one (1) week of notification by the Promoter, then that Winner’s Prize will be forfeited and a substitute winner shall be chosen by the Judging Panel and notified in the same way.
7.19 The Promoter may decide, at its sole discretion, not to award a Winner following the delivery of all the 6 Finalist pitches. If it does so, then all the Finalists shall all be regarded as Runners Up and notified in accordance with clause 7.18. The Promoter is under no obligation to choose a Winner.
7.20 Following the announcement of the Winner, the Promoter and the Winner shall enter into a contract for the Pilot on the Contract Terms for an initial period of six (6) months or as long as necessary for the Pilot to be completed, as agreed between the parties (“Contract Period”).
7.21 The Contract Terms will set out that the prize fund of £30,000 shall be paid by the Promoter to the Winner in three instalments, the first being on the first day of the Contract Period, the second being on the date three months after the first day of the Contract Period, and the third being on the last day of the Contract Period in such amounts as agreed between the parties, or in any other such instalments as agreed between the parties.
7.22 The Contract Terms will include the following the minimum insurance requirements and matching indemnities to be given, which the Promoter consider non-negotiable and must be complied with:
(a) a third-party liability policy with an indemnity limit of at least £10,000,000 for any one occurrence or series of occurrences arising from any one event;
- (if applicable) a product liability policy with an indemnity limit of at least £10,000,000 for any one occurrence or series of occurrences arising from any one event and in the aggregate;
- (if applicable) a professional indemnity policy with an indemnity limit of at least £5,000,000 for any one occurrence or series of occurrences arising from any one event and in the aggregate; and
- (if the Winner needs airside vehicular access) a vehicle airside liability policy with an indemnity limit of £50,000,000 for any one occurrence or series of occurrences arising from any one event and with a sub-limit of US$50,000,000 for liability for war and terrorism risks.
7.23 If the Contract Terms cannot be agreed between the parties within three (3) months following the Winner being notified, the Promoter may in its sole discretion decide to not enter into an agreement with the Winner and will have no liability in respect thereof.
8 Limitation of Liability
8.1 All entrants acknowledge and accept that the Promoter reserves the right to suspend, modify, cancel or terminate the Competition and/or revoke any entrants’ application at any time by giving notice to the particular entrant without incurring any liability.
8.2 The Promoter does not accept responsibility for Competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including but not limited to, as a result of an equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
8.3 Each entrant will indemnify the Promoter from and against any losses which the Promoter suffers or incurs as a result of any breach, failure, performance or negligence by the entrant under these Terms and Conditions.
- The Promoter shall have no liability to any of the entrants under these Terms and Conditions.
- Nothing in these Terms and Conditions shall exclude, limit or restrict the liability of either party:
- for death or personal injury arising from negligence;
- in respect of any fraud or fraudulent misrepresentation; or
- to the extent such limitation or exclusion is not permitted by law.
9 Personal data
9.1 Any personal data provided by an entrant will remain confidential to the Promoter and will not be disclosed to any third party without the entrant’s prior consent, except that the Promoter reserves the right to use the information for the purposes of facilitating the Competition including but not limited to publishing the name of the Winner on its website, as well as providing the Winner’s details to third parties for the purposes of administering the Competition.
9.3 The Promoter may choose to document the Winner and Runners Up through photographs and video to be shared across internal channels. The Winner and Runners Up may be required to take part in reasonable publicity resulting from the Competition. The Winners and Runners Up further agree that the Promoter may use their name and company logo to announce the Winner and Runners Up of this Competition and for any other reasonable and related promotional purposes.
9.4 Further information on how the Promoter will collect and use Participants’ personal data can be found in the Promoter’s privacy notice in relation to the Competition which can be accessed at https://your.heathrowdev.com/privacy-policy/privacy-policy-2019-heathrow-centre-of-excellence-sustainable-innovation-prize/.
10.1 As part of the application process, the entrants are advised to share non-confidential information only.
10.2 All Contract Terms, company details or any information designated by a party as confidential are considered confidential information and are subject to the restrictions set out in this clause 10 (“Confidential Information”).
10.3 In respect of all Confidential Information relating to another party (the “Disclosing Party”) which the other party (the “Receiving Party”) obtains under or in connection with these Terms and Conditions, the Receiving Party agreed:
10.3.1 to keep all Confidential Information confidential and protected from theft, damage, loss or unauthorised access;
10.3.2 to use the Confidential Information solely in connection with these Terms and Conditions and not for its own benefit or the benefit of any third party; and
10.3.3 not to disclose the Confidential Information to any other party other than as permitted under this clause 10.
10.4 The Receiving Party may disclose the Confidential Information to those agents, employees, contractors and professional advisors of the Receiving Party (or any member of the Receiving Party’s holding or subsidiary companies) only who have a need to know the Confidential Information in connection with these Terms and Conditions, provided always that the Receiving Party ensures that the individuals who gain access to the Confidential Information are made aware of its confidential nature and are bound by equivalent obligations of confidentiality to those in this clause 10.
10.5 The Receiving Party shall notify the Disclosing Party immediately if it becomes aware of any unauthorised use, copying, or disclosure of the Disclosing Party’s Confidential Information and the Receiving Party shall provide to the Disclosing Party all necessary assistance to terminate such unauthorised use and/or disclosure.
10.6 Clause 10.3 shall not apply to the disclosure of Confidential Information:
10.6.1 with the written consent of the Disclosing Party;
10.6.2 if and to the extent required by law or by any competent regulatory authority or recognised stock exchange; or
10.6.3 by the Promoter on a non-confidential basis for the purposes of administering the Competition;
10.6.3 which is already in or enters the public domain other than through breach of this clause,
provided that any Confidential Information shall only be disclosed pursuant to clause 10.6.2 by the Receiving Party after notification to the Disclosing Party if such notification is practicable in the circumstances.
10.7 Prior to any confidential discussions (not including the Contract Terms), all entrants will be required to sign a non-disclosure agreement with the Promoter to ensure that all confidential information that is not covered under this clause 10 is sufficiently protected.
11 Intellectual Property
11.1 Entrants warrant that they own or are licensees of all information shared with the Promoter as part of their application and any information supplied to the Promoter does not infringe any intellectual property rights or the rights of any third party. Entrants or third party owners will retain ownership of such intellectual property included in their application, however they will grant to the Promoter a worldwide, non-exclusive, royalty-free, perpetual licences to use the intellectual property for the purpose of evaluating the applications and the administration of the Competition.
11.2 Entrants warrant that they have obtained or are able to obtain valid licenses in respect of their intellectual property that are necessary to comply with these Terms and Conditions.
11.3 In the event that an entrant becomes the Winner and as a result is selected to proceed to Pilot, the entrant agrees to grant to the Promoter and its affiliates a worldwide, non-exclusive, royalty-free, perpetual license (with the right to grant sub-licenses) to reproduce, use, copy, modify, distribute and/or reference the whole or any part of the Idea for any purpose whatsoever, the full terms of which will be stipulated in the commercial terms of the contract with the Promoter entered into as part of the Prize.
- Each entrant will indemnify the Promoter from and against any losses which the Promoter suffers or incurs as a result of any claim that the Promoter’s receipt of any information under these Terms and Conditions infringes or allegedly infringes intellectual property rights belonging to any third party.
12.1 The Participant is deemed to have accepted and agreed to be bound by these Terms and Conditions upon entry to the Competition.
12.2 The Promoter reserves the right to vary or amend these Terms and Conditions at any time and will make available the amended Terms and Conditions to the entrants. By participating in the Competition, all entrants indicate their continuing agreement to comply with the terms conditions as displayed on the Promoter’s website at any particular time.
12.3 The Promoter reserves the right to refuse participation, or refuse to award the prize, to anyone in breach of these Terms and Conditions and its decision shall be absolute and final.
12.4 If at any time any part of these Terms and Conditions is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms and Conditions and the validity and/or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired as a result of that omission.
12.5 These terms and conditions shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.