Terms and Conditions
1. These terms and conditions apply to applications for the 2009 Vodafone Foundation World of Difference programme run by The Vodafone Foundation, a charity registered in England with number 1089625 whose registered office is at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN, England (the “Foundation”).
2. By submitting an application, the applicant will be deemed to have understood these rules and to have agreed to be bound by them. All applicants shall accept and submit applications subject to these terms and conditions.
Application Process
3. Information on how to apply forms part of these terms and conditions. Applications are only open to United Kingdom residents who are aged 18 years or over.
4. The World of Difference application process commences 18 June 2009. Applications close midnight (London time) on 30 July 2009. Only one application permitted per person.
5. Except as indicated in the paragraph below, all applicants must complete the online application form and nominate one charity which must (i) be registered with the Charity Commission for England and Wales or the Office of the Scottish Charity Regulator, or (ii) be a charity in Northern Ireland, which is able to satisfy the Foundation that it is a charity (“Supervising Charity”) where they would like to work for 12 months, stating the nature of the work that they would like to perform for that Supervising Charity. Applicants may only select one Supervising Charity and may only nominate one role or position within that Supervising Charity. Applicants shall principally work for the Supervising Charity outside of the UK. However, applicants may work for the Supervising Charity in the United Kingdom for part of the 12 month period (e.g. for fundraising, project management and planning purposes). Applicants are responsible for obtaining (if relevant) a valid passport and visa and any qualifications necessary to perform their chosen work. Once submitted, applications cannot be altered nor can the Supervising Charity or role be changed. Applicants must be able to start work with their selected Supervising Charity on 30 October 2009 or such date agreed by the Foundation and the applicant. If any of the information requested on the application form is incomplete or not provided, the applicant may not participate in the application process.
Applicants wishing to apply for the place which shall be allocated to an applicant from The Sun readership should refer to the terms and conditions applicable to that placement, which can be found at [www.vodafone.co.uk/worldofdifference/thesun].
Judging and selection of successful applicants
6. Every application will be individually judged according to its humanitarian and charitable merit, the practicability of implementation as determined by the Foundation and the skills the applicant brings to the project and the Supervising Charity. The Foundation's decision in respect of all matters pertaining to the selection process is final and no correspondence will be entered into.
7. Up to 8 places will be available on the World of Difference programme 2009. One place will be reserved for applications received from the readers of The Sun newspaper, and will be allocated according to the terms and conditions at [www.vodafone.co.uk/worldofdifference/thesun].
With respect to the other 7 places:
7.1 The judges will, at their sole discretion, select 16 finalists from all valid applications received. The Foundation reserves the right to contact applicants by telephone as part of this selection process. The Foundation will contact the Supervising Charities selected by the 16 finalists and seek the Supervising Charities' agreement in respect of the finalist's desired position and location. The selection of the 16 finalists will be conditional on obtaining the consent of each respective Supervising Charity to employ and supervise the successful applicant. If a finalist's selected Supervising Charity either does not wish to participate or does not wish to employ the finalist in the position selected, then an alternative finalist will be selected until 16 finalists and their corresponding Supervising Charities and positions have been secured. The 16 finalists will be notified by phone by 4 September 2009 and required to: (a) confirm their intention to participate as a finalist by 12:00 pm (London time) on 7 September 2009; (b) participate in an interview in London with a panel of judges (who may include nominated representatives of the Foundation) on 10 September 2009. Each finalist is responsible for arranging their own travel to and from the interview and the Foundation shall only be liable for the reimbursement of each finalist’s reasonable economy class travel within the UK to and from the interview. If a finalist is unable to be notified by, or does not confirm their intention to participate as a finalist by 12:00 pm (London time) on 7 September 2009 or is unable to attend the interview on the date required, then the opportunity is forfeited and an alternative finalist will be selected; (c) submit their current CV including 2 character references (from persons who are not related to the finalist and are 18 years of age or over) and copies of any relevant qualifications for the position sought; (d) confirm that they are able to commence their project on 30 October 2009 or such other date agreed by the Foundation and the applicant; (e) confirm that they have read, understand and agree to abide by these terms and conditions; (f) confirm in writing that they have disclosed any criminal convictions to the Foundation; (g) confirm in writing that by accepting an offer of employment from their Supervising Charity from the agreed date, they will not breach any existing contract or agreement with a former or current employer, partner or with any other person or entity; and (h) agree to be employed full-time by the Supervising Charity on terms to be nominated by the Supervising Charity for a period of up to 12 months.
7.2. From the 16 finalists, the judges will, at their sole discretion based on the selection criteria in clause 6, select 5 successful applicants who will be notified by phone by 18 September 2009. From the next 4 strongest finalists as identified by the judges in their sole discretion, a further 2 successful applicants will be chosen by members of the public who have viewed the applicants’ video profiles on Facebook by 12.00pm (London time) on 17 September 2009 and will be notified by phone by 18 September 2009. The 7 successful applicants must be available to the Foundation for public relations purposes (including media interviews), inductions, and internal Foundation and Vodafone presentations as reasonably required by the Foundation between 23 September and 2 October 2009. If required by the Foundation or their Supervising Charity, each of the successful applicants must undergo a medical examination for insurance purposes.
The Foundation's support
8. Each successful applicant will receive the opportunity to work in their selected position with their Supervising Charity for a contracted continuous fixed term of 12 months (subject to earlier termination) on a full time basis (“Employment Term”). Each successful applicant's employment with the Supervising Charity will be subject to a contract of employment to be executed by the applicant and their Supervising Charity. The Supervising Charity will also be required to enter into a “World of Difference” Grant Agreement with the Foundation which will include a requirement to stipulate some minimum terms in the contract of employment between the Supervising Charity and the successful applicant. Each successful applicant's annual gross salary will be provided to the Supervising Charity by the Foundation and will be the amount, at the Foundation's sole discretion, that is no more than £25,000.00 and (subject to that maximum) is equal to either: (a) the successful applicant's annual gross salary from the successful applicant's primary source of income (as at the closing date for applications) but not including bonuses, commission or the value of any fringe benefits or other income; or (b) an appropriate annual gross salary (but not including bonuses, commission or the value of any fringe benefits or other income) for the position that the successful applicant will hold with the Supervising Charity. There will be no salary review or increase during the Employment Term. From that gross salary, income tax and national insurance will be deducted and paid by the Supervising Charity. The Supervising Charity will be responsible for payments of all employer taxes and deductions on behalf of the successful applicant, such payments not to be deducted from the successful applicant's gross or net salary but from the Expense Account. The successful applicant shall be liable for any taxes payable in relation to any other income received by the successful applicant in the same tax year. The successful applicant's salary will be paid either on a monthly, fortnightly or weekly basis, as determined by the particular Supervising Charity. The successful applicant will be required to present their most recent payslip (as at the closing date for applications) to the Foundation in order to verify their salary, where such individual has been or is in paid employment. In addition, in order to assist the Foundation to verify the successful applicant's exact annual gross salary, the successful applicant may be required to provide proof of their annual gross salary by any reasonable means (including but not limited to by way of tax return information, a letter from the successful applicant's employer or a statutory declaration) requested by the Foundation. If agreement cannot be reached between the Foundation and a successful applicant as to the successful applicant's exact salary (or the applicant has no relevant recent employment history) then the Foundation reserves the right, in its absolute discretion, to nominate the amount of the successful applicant's annual gross salary for the Employment Term. Each successful applicant's Supervising Charity will have access to £20,000 (including VAT) (“Expense Account”) to defray the successful applicant's employment expenses including the provision of a laptop computer and any associated accessories or software, airfares, travel to attend World of Difference workshops and specific role related travel (whether on a daily basis in order to perform the role or for specific trips), insurance, employment related taxes, national insurance contributions and any other expenses relevant to the successful applicant's employment but only in line with the Supervising Charity's usual payment of such expenses. The Expense Account may not be used to fund additional persons (i.e. friends or family of the successful applicant). The successful applicant has no right to the Expense Account except for the purpose set out in this clause any unused portion thereof cannot be claimed. The use of the Expense Account is entirely at the discretion of the Supervising Charity and the Foundation, with all expenses over £1,000 requiring the prior written approval of the Foundation. Each successful applicant will receive a mobile phone handset (the exact model is at the Foundation's discretion) to use during the Employment Term and to keep upon its conclusion (“Vodafone Equipment”) provided the successful applicant completes the Employment Term and satisfactorily performs their employment obligations in the opinion of the Supervising Charity. Each successful applicant is responsible for making all arrangements for connection with Vodafone and if the successful applicant does connect to the Vodafone network, Vodafone shall be liable for payment of that connection, access and call costs incurred strictly as part of any internal and external publicity activities required by the Foundation during the Employment Term from the expense account. The successful applicant shall remain liable for any costs incurred as a result of personal use of the Vodafone Equipment during the Employment Term and the successful applicant shall remain personally liable for all costs incurred as a result of use of the Vodafone Equipment after the end of the Employment Term.
The successful applicant's responsibilities
9. Each successful applicant may be required, and must agree, to attend and participate in internal and external publicity activities and media (including television, radio and print) interview(s) as required by the Foundation from the date that they are announced as a successful applicant through to the expiry of the Employment Term. The successful applicant's reasonable expenses to attend such interviews, including return economy class airfares and accommodation, will be paid from the Expense Account.
10. Each successful applicant will be required, and must agree, to provide written, audio and visual updates and reports to the Foundation as to their employment experiences as required, but not less than once a month. Each successful applicant shall ensure that they have access to a laptop computer with internet connection or such other similar equipment as to enable the successful applicant to comply with this clause 10 throughout the Employment Term.
11. Subject to clause 12, if, for any reason whatsoever, the Foundation is not satisfied with a successful applicant's performance of their duties as set out in these terms and conditions or in the employment contract with the Supervising Charity, the Supervising Charity may, in its sole discretion, terminate the successful applicant's employment with the Supervising Charity upon 1 months' written notice or payment in lieu of notice.
12. The Foundation and/or the Supervising Charity will be entitled to terminate a successful applicant's employment immediately and without notice or payment in lieu of notice where the successful applicant engages in gross misconduct in accordance with the terms of the contract of employment to be executed by the successful applicant and the Supervising Charity.
13. If, for any reason whatsoever, a successful applicant's employment with the Supervising Charity is terminated during the Employment Term whether by the successful applicant or the Supervising Charity, the successful applicant has (subject to payment of salary and benefits as applicable during the notice period) no entitlement to the balance of their annual salary or any other benefits other than accrued but outstanding statutory leave entitlements. If such an event occurs, the balance of the successful applicant's salary and the Expense Account will be returned to the Foundation by the Supervising Charity.
14. Each successful applicant is responsible for their own arrangements to notify their current employer (and/or educational institution, if relevant) and arranging the 12 months leave (whether in the form of resignation from their usual employment or not) and neither the Foundation nor the selected Supervising Charity accepts any liability for any damage or loss arising therefrom except for any liability which cannot be excluded by law.
15. The offer to work with the Supervising Charity for the Employment Term is not an offer of ongoing employment with any Supervising Charity or the Foundation. Once employment with the Supervising Charity has ended (whether before the expiry of the Employment Term or not) it is each successful applicant's responsibility, if they wish, to obtain further employment (whether with the Supervising Charity or elsewhere) and neither the Foundation nor the Supervising Charity accepts any responsibility for a successful applicant securing future employment of any nature.
Publicity
16. The Foundation has the right to use each successful applicant's entry, updates and reports (including written, audio and visual forms) and any photos, videos or personal details and other publicity materials at its absolute discretion for promotional and reporting purposes. By submitting an entry, each applicant unconditionally and irrevocably assigns all rights, title and interest in all copyright and all other intellectual property in any material provided to the Foundation and waives all moral rights in any material provided to the Foundation.
17. In addition to clause 16, each finalist consents to the use of their voice and image by the Foundation (whether obtained from the successful applicant's entry, interviews, reports, updates or otherwise) for any promotional use related to the programme (including but not limited to their placement on the Foundation's website) without any further compensation to the finalist or successful applicant. Successful applicants acknowledge that the Foundation has the right but not the obligation to do so.
General
18. The Foundation's financial support is not transferable, exchangeable or redeemable for cash by the successful applicant or by the Supervising Charity.
19. No responsibility is accepted by the Foundation for late, lost or misdirected applications.
20. Notwithstanding any other provision of these terms and conditions, neither the Foundation nor the Supervising Charity shall be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury that is suffered or sustained as a result of participating in this application process or as a result of a successful applicant's employment with a Supervising Charity, except for any liability that cannot be excluded by law.
21. All applications become the property of the Foundation upon submission and will not be returned.
22. The Foundation reserves the right to amend these terms and conditions from time to time.
23. No express or implied term of these terms and conditions is enforceable pursuant to the Contract (Rights of Third Parties) Act 1999 by any person who is not a party to it.
24. These terms and conditions shall be subject to English law and governed by the exclusive jurisdiction of English courts.