Terms and Conditions for the Château Gâteaux Festive Cake Competition, 2023

1. Introduction

  • 1.1 These terms and conditions (“Terms and Conditions”) govern the Château Gâteaux Festive Cake Competition, 2023 (“the Competition”) which is organised and operated by Château Gâteaux (“Château Gâteaux”).
  • 1.2 The Competition commences on 1 December 2023 and endures until 31 December 2023 (“the Promotional Period”). No incomplete entries or entries received after 31 December 2023 (“the Closing Date”) will be considered.

2. Acceptance

  • 2.1 By entering the Competition, entrants accept and agree to be bound by these Terms and Conditions. A copy of the Terms and Conditions is available on the Château Gâteaux Facebook page and can be viewed at the following site: www.chateaugateaux.co.za.
  • 2.2 Furthermore, by entering the Competition, entrants accept and agree that the parties are bound by the provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) insofar as they apply to the Competition.

3. Terms and Conditions of Entry

  • This Competition is limited to residents of the Republic of South Africa who are aged 18 years and older, and comply with the Terms and Conditions, provided that the person is not a director, member, partner, agent or employee of Château Gâteaux, a Château Gâteaux holding company or subsidiary (“Group”), part of the advertising and promotions agencies of the Group, a consultant to the Group, the immediate family member of such persons, or any other person which directly or indirectly controls or is controlled by the Group (“Participants”).

4. Competition Rules:

  • 4.1 To enter the Competition, Participants are required to take the following steps during the Promotional Period:
    • 4.1.1 Step 1: purchase any whole cake from any Château Gâteaux store (“Château Gâteaux Cake”);
    • 4.1.2 Step 2: personalize or decorate the Château Gâteaux Cake; and
    • 4.1.3 Step 3: share an image or video of the personalized or decorated Château Gâteaux Cake on Facebook and/or Instagram using the hashtags #ChateauGateaux and #FestiveMoments (“the Cake Post”).

  • 4.2 All entries and Cake Posts may not be abusive, defamatory, offensive, derogatory, degrading and/or otherwise not acceptable due to the nature of the image or video posted on Facebook and/or Instagram. Château Gâteaux may in their sole discretion decide that any entry is not eligible due to the nature of the content of the entry and may disqualify a person from the Competition and any such future events.
  • 4.3 The Participant hereby grants the Group a license free, royalty free and perceptual license to use the Cake Post in its sole and absolute discretion for any purposes whatsoever, and the Participant hereby waives any and all claims that it may have against the Group for the use of the Cake Post.
  • 4.4 Participants who enter into the Competition stand a chance to win 1 (one) large free cake, per month, for 12 months (“the Prize”).
  • 4.5 The winner of the Competition will be selected within 2 (two) weeks of the Closing Date and will be selected based on, amongst various factors, the number of likes the Cake Post has received and number of times the Cake Post has been shared (“the Selection”). The Participant with the Cake Post with the most likes and shares combined may be selected as the Winner.
  • 4.6 The winning Participant will be notified by Château Gâteaux that it has won the Competition via direct message on the social media platformed used by the Participant to share the Cake Post within 2 (two) weeks of the Selection (“the Notification”). Should the Participant not respond to the Notification within 48 (forty-eight) hours after the 3rd reasonable attempt by Château Gâteaux to contact the Participant, Château Gâteaux reserves the right to select another Participant as the winner of the Competition and award the Prize to the other Participant.
  • 4.7 Before being awarded the Prize, the winner of the Competition will be required to provide Château Gâteaux’s with proof of identification, proof of association with the winning Cake Post and proof of association with the social media profile from which the winning Cake Post was shared.
  • 4.8 The winning Participant will have 3 (three) working days from the date on which it responded to the Notification to provide Château Gâteaux’s with proof required in terms of clause 4.7 above. Should the winning Participant not provide the required proof to the satisfaction of Château Gâteaux’s within in the 3 (three) working day period, the Participant will be disqualified as the winner of the Competition and another Participant will be selected as the winner of the Competition and be awarded the Prize.
  • 4.9 Participants may enter the Competition as many times as they wish over the Promotional Period, with different iterations of their personalized or decorated cake, provided that the Participants purchase a Château Gâteaux Cake each time.
  • 4.10 Regardless of how many Cake Posts a Participant shares and how many times a Participant enters the Competition, a Participant will only be eligible to win one prize pursuant to the provisions of clause 5 below.
  • 4.11 Should Château Gâteaux suspect any fraudulent activity (including any tampering with social media algorithms), Château Gâteaux reserves the right to disqualify the Participants from the Competition.
  • 4.12 Château Gâteaux reserves the right to disqualify any Participant which breaches any provision of the Terms and Conditions.

5. The Prize

  • 5.1 The winner of the Competition (“Winner”) will be awarded with 1 (one) large cake, per month for a period of 12 (months) (“Prize”) from 1 February 2024 to 1 January 2025 prize (“the Prize Period”).
  • 5.2 Before the Prize is awarded to the Winner, the Prize must be accepted by the Winner, the identity of the Winner must be verified by Château Gâteaux and Château Gâteaux must be satisfied that the Winner is in fact associated with the winning Cake Post and the social media profile from which the winning Cake Post was shared.
  • 5.3 Should the Winner accept the Prize, the Winner will be issued with a voucher on their Château Gâteaux Application (“the App”) every month for the Prize Period for 1 (one) free large cake per month. The voucher will be loaded monthly, before the 5th day of the relevant month, and remain valid for 30 (thirty) days after being uploaded onto the App. The Winner will have 30 (thirty) days from the date on which the voucher is uploaded onto the App to claim their free cake for the relevant month. After the 30 (thirty) day period the voucher will expire.
  • 5.4 Château Gâteaux will not be held responsible for cakes not collected by the Winner within the 30 (thirty) days of the voucher being issued on the App.
  • 5.5 The cakes should be collected by the Winner at their closest Château Gâteaux store.
  • 5.6 The Prize may not be transferred or exchanged for cash or for any other goods or services. If the Winner does not accept the Prize, they may not demand any other prize.
  • 5.7 The Prize can only be awarded to and/or taken by the Participant whose identity and details have been verified by Château Gâteaux. Château Gâteaux shall not be obliged to transfer the Prize to any other person.

6. Liability Disclaimer

  • 6.1 Château Gâteaux will not accept any liability for entries that are incomplete, illegible, received after the Closing Date or not received at all for any reason whatsoever, including but not limited to technical or service provider error or failure.
  • 6.2 Château Gâteaux will not be responsible for any costs and expenses incurred by any Participants in respect of any entries.
  • 6.3 The Participant hereby undertakes and agrees that Château Gâteaux shall not be liable for any claims, losses, costs, damages or expenses which it may suffer as a result of the Competition.
  • 6.4 The Participant hereby waives any claim or any nature whatsoever against Château Gâteaux and indemnifies and holds Château Gâteaux harmless against all claims, liabilities, losses, damages or expenses of whatsoever nature which it may suffer (whether directly or indirectly) as a result of, or pursuant to, the Competition.
  • 6.5 In the event that Château Gâteaux cannot exclude any liability by law, then the parties agree that Château Gâteaux maximum cumulative liability in relation to any claim proven by the distributor or customer in a forum of final instance shall not exceed an amount equal to the actual cost of one Château Gâteaux Cake.

7. Personal Information and Publicity

  • 7.1 By participating in the Competition, all Participants –
    • 7.1.1 acknowledge that the name of the Winner and the Prize will be published on website and social media platforms of Château Gâteaux;
    • 7.1.2 acknowledge that they will be required to provide personal information if selected as the Winner for the purpose of verifying information necessary to award the Prize and that such information will be solely processed for the purposes of this promotion only;
    • 7.1.3 authorise Château Gâteaux to collect, store and use (not share other than with the Group) their personal information for communication or statistical purposes; and
    • 7.1.4 consent to Château Gâteaux’s sharing their personal information with their reward partners and Group for purposes relating to operation of the Competition, including (without limitation) fulfilling of rewards issued to Participants.

  • 7.2 In line with the Protection of Personal Information Act, 4 of 2013, all personal information will be kept in a secure password protected file for a period of 3 (three) years in accordance with the CPA and will be destroyed after this time period has lapsed.
  • 7.3 The privacy of the Participants is important to Château Gâteaux’s and Château Gâteaux’s undertake to not use or share the Participants personal information with any other party unless for purposes of delivery of the Prize or if requested by authorities to do so.
  • 7.4 The Winner or Participants may be requested to take part in publicity for broadcast or publishing purposes, which is conditional upon their agreement to take part in such publicity. The Winner and Participants have the right to expressly decline the request to take part in such publicity. Should the Winner or Participants agree to take part in any publicity, they will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of Château Gâteaux.

8. Marketing

  • By Opting in for marketing, Participants consent to their details being stored by Château Gâteaux and used in the future to send them information about Château Gâteaux’s products, services and future promotions. Should the Participants wish to Opt Out of this communication in future, they can do so by replying stop to any message or email received from Château Gâteaux or contacting them using the details made available the Terms and Conditions or clicking on the “unsubscribe” or “opt-out” link, where applicable.

9. General

  • 9.1 All competition related queries should be directed to the competition care line, Château Gâteaux: customercare@chateaugateaux.co.za
  • 9.2 These Terms and Conditions shall be governed in accordance with the laws of the Republic of South Africa.
  • 9.3 Château Gâteaux will interpret these Terms and Conditions in their sole discretion and reserves the right to amend these Terms and Conditions at any time.