Terms and Conditions for the Château Gâteaux Upsize Monday Promotion, 2024

1. Introduction

1.1 These terms and conditions (“Terms and Conditions”) govern the Château Gâteaux Upsize Monday Promotion (“the Campaign”) which is organised and operated by Château Gâteaux (“Château Gâteaux”).

1.2 The Campaign commences on 1st June 2024 and endures until 31st December 2024 (“the Promotional Period”). No free upsizing of the Cappuccino and Americano will be permitted after 31st December 2024 (“the Closing Date”) will be considered.

2. Acceptance

2.1 By participating in the Campaign, 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 participating in the Campaign, 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 Participation

This Campaign 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. Participation Rules:

4.1 To participate in the Campaign, Participants are required to take the following steps during the Promotional Period:

• 4.1.1 Step 1: Purchase a takeaway large Cappuccino or Americano on a Monday from any Château Gâteaux patisserie.
• 4.1.2 Step 2: Scan your Château Gâteaux Rewards App; and
• 4.1.3 Step 3: Get a free upsize from large to a Grande size any time before 12 am.
• 4.1.4 Participants will not be incentivised with loyalty points when participating in this campaign.
• 4.1.5 Only in-store purchases are legible to participate in the promotion.

4.2 Participants may participate as many times as they wish over the Promotional Period, provided that the Participants purchase a Château Gâteaux large Cappuccino, or Americano on a Monday at any Château Gâteaux patisserie.

4.3 Should Château Gâteaux suspect any fraudulent activity, Château Gâteaux reserves the right to deny an upsize.

4.4 Château Gâteaux reserves the right to disqualify any Participant which breaches any provision of the Terms and Conditions.

5. Liability Disclaimer

5.1 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.

5.2 Château Gâteaux will not be responsible for any costs and expenses incurred by any Participants in respect of any entries.

5.3 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.

5.4 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.

5.5 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.

6. Personal Information and Publicity

6.1 By participating in the Campaign; all Participants –

6.2 Authorise Château Gâteaux to collect, store and use (not share other than with the Group) their personal information for communication or statistical purposes; and

6.3 Consent to Château Gâteaux’s sharing their personal information with their reward partners and Group for purposes relating to the operation of the Campaign, including (without limitation) fulfilling of rewards issued to Participants.

6.4 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.

6.5 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.

6.6 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.

7. 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 the 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 in the Terms and Conditions or clicking on the “unsubscribe” or “opt-out” link, where applicable.

8. General

8.1 All campaign-related queries should be directed to the competition care line, Château Gâteaux: customercare@chateaugateaux.co.za

8.2 These Terms and Conditions shall be governed in accordance with the laws of the Republic of South Africa.

8.3 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.