1.0

Definitions

“Draw”

means the random selection made
from all Entrants to establish winning Entrant on Saturday 30^th
September at or around 14:00 from the stand at the Scottish Home Show 2017 or
as otherwise may be published.

“Entrant”

means any person submitting any
response in whole or in part to our Dream Home competition invitation.

“Operational Area”

means the areas covered in the normal operations of Excel,
namely Aberdeenshire including Banff & Buchan, Aberdeen City, Moray and
the East Highlands as limited by the area bound on the West by the A9 and
between Aviemore to the South and Inverness, from
Inverness to Foyers, Beauly, Muir of Ord and the Black Isle and the general
catchment therein returning to the Moray boundaries between.

“Prize”

means the Prize defined at Section 3. The Prize.

1.1

Headings, sub-headings and clause numbers are made for
convenience only and do not affect the meaning or interpretation of these
Terms and Conditions.

1.2

References to the single include the plural and vice
versa. Reference to any gender includes all genders and is made only for
context.

2.0

Generally

2.1

This is a prize draw for a single prize. All entrants will
be allocated a draw number, which shall be drawn at the Draw.

2.2

There is no payment of any kind required to be entered
into the Draw.

3.0

The Prize

3.1

The Prize is architectural services to be provided free of
charge for planning and building warrant as is required to commence your self
build project.

3.2

Limitations:

i.

There is no cash alternative;

ii.

your design project must be commenced within two (2)
calendar years of the Draw date, that is, by not later than 19^th
September 2019;

iii.

your project must be within our Operational Area;

iv.

you must allow us to tender for the construction works
which shall be fairly considered amongst any other prices you obtain;

v.

allocation of time and resource
will be assessed on a fair and reasonable basis. It shall also be limited by,
following the definition of the brief and initial design sketches, a maximum
of 2 material design revisions. Following planning approval, building warrant
drawings will be commenced. You will be allowed 2 layout revisions for
electrical, mechanical, heating and plumbing and such other services as may
be required

vi.

the maximum size of your home
will be 250m2. We will provide you with a quotation for additional time and
resources required for a larger home. You will be under no obligation to
accept that quotation nor to progress with using the Prize;

vii.

additional time, resource and or the likes required in
additional revisions, or excessive design time requirements, will be charged
at rates which shall be advised for your acceptance prior to any further
works commencing;

viii.

the Prize may only be used for the
development of a domestic, residential new build. It cannot be used for
extensions, conversions, modifications and or any commercial works of any
nature;

ix.

the Prize does not include for
works in a sensitive area, such as places of historical interest,
contaminated grounds, listed or protected environments, places of special
scientific interest, national parks and or the likes. We will agree with you
the additional costs forecast for such works prior to commencement of any
design studies;

x.

the prize does not include any 3^rd party costs
of any nature;

xi.

the Prize does not include for specialist design, such as
heating systems, mechanical ventilation, information technology,
communications, video linking, specialist lighting and or the likes; and

xii.

The Prize does not include for any amendments,
modifications or changes of any nature implemented by you, your agents,
representatives, contractors or any person of any nature authorised by you to
make any amendments to the final design nor does it include for the costs of
any representations required following any such amendments to allow the
release of the Completion Certificate.

3.3

Exclusions

The Prize specifically excludes any 3^rd party
disbursements of any nature, including:

i.

Planning Permission and Building Warrant fees;

ii.

Engineer fees;

iii.

surveys of any kind, including topographical;

iv.

ground tests, including porosity, contamination, load
bearing capacity and or the likes;

v.

Architects Supervision and or build warranty fees;

vi.

hard copy printing other than is required in the agreement
of the design and the finalisation and submission of the Planning Permission
and Building Warrant applications;

vii.

Supervision or control of the works;

viii.

any CDM Regulations 2015 compliance;

ix.

any site safety provisions;

x.

any project management services of any nature;

xi.

any commercial support of any nature; and

xii.

udpating
and capturing any amendments to the design during the build phase, submission
of amendment to warrant, obtaining completion certificate and or the likes.

4.0

Limitations

4.1

This prize may only be redeemed by the winner.

4.2

There is no alternative to the prize.

5.0

Liability &
Indemnification

5.1

We accept no liability for any costs, losses, damages,
actions or suites incurred by or brought against you in using this Prize.

5.2

You will save, protect, indemnify and hold us harmless
from and against the injury, illness, disease or death of our you, your
family, associates, agents, officers, advisors, (sub)contractors
and any third party and from and against the loss of use or total loss of any
property or equipment, materials and or from any claim for any loss of any
nature brought against you howsoever arising in your enjoyment of this Prize.

6.0

Confidential
Information

6.1

In enjoying this Prize, you will be required to share
specific personal information, such as names, addresses, contact details and
or the likes. All information received by us from you will be treated as
strictly confidential. We shall use our reasonable endeavour to protect and
save your information. We will not share, sell, or otherwise distribute your
details.

6.2

We may use your contact details from time to time to
contact you regarding opportunities that we believe you may be interested in,
market updates and for sharing any other information we think might be useful
for you.

7.0

Intellectual
Property

7.1

In your enjoyment of the Prize, the created design will
become Intellectual Property. For the avoidance of doubt, the created design
and all associated designs, details and specifications will become and will remain
the intellectual property of Excel. You will not directly or indirectly
share, distribute or make public, whether for profit or otherwise, the
Intellectual Property.

7.2

We may use the Intellectual Property to suit our
marketing, development or otherwise as we may see fit in the general
performance of our business.

8.0

Testimonial

We will ask you for a positive testimonial.
Notwithstanding the development of the design and or otherwise, within
reason, you will provide a positive testimonial within two (2) weeks of the
Prize being fulfilled.

9.0

Variation

Unless agreed in writing by us, there will be no
variation, amendment or modification of these Terms and Conditions.

10.0

Language

These Terms and Conditions are in English. All
communications, of any sort, whether in progressing the Prize, a dispute or
otherwise, shall at all times be in English.

11.0

Notices

All notices shall be made in writing, by recorded post or
by electronic mail.

In the case of recorded post, notice shall be deemed to have been received
forty-eight (48) hours after the date of posting where such time is on a
business day, or, on the next following business day.

In the case of electronic mail, notice shall be deemed to
have been received twelve (12) hours after sending where such time is on a
business day, or, on the next following business day.

12.0

Severability

Should any competent authority deem any part of these
Terms and Conditions to be unenforceable, only that part shall be struck from
these Terms and Conditions. The remainder of the Terms and Conditions shall
be held intact as though that part had not been included and shall remain
fully enforceable.

13.0

Law

This Prize and these Terms and Conditions are made subject
to the laws of Scotland. By entering the Draw and or accepting the Prize, you
irrevocably agree to surrender to the exclusive jurisdiction of the laws of
Scotland and to the courts of Scotland.