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TERMS AND CONDITIONS FOR NESCAFÉ DOLCE GUSTO CYBER MONDAY PROMOTION

  1. 1.     Introduction

 

1.1.   Participation in this Promotion is governed by these terms and conditions (the “Rules”).

1.2.   Participants are encouraged to review the Rules before purchasing the promotional products and acknowledge that they have been given an appropriate opportunity to do so and that they understand and accept these Rules.

1.3.   This Promotion is operated by Nestlé (South Africa) (Pty) Limited (“Nestlé”) in conjunction with Jupicorp (Pty) Ltd t/a TMARC (the “Promoters”).

1.4.   Your participation in the Promotion constitutes acceptance of these Rules and you agree to abide by these Rules.

 

By participating in this Promotion, Participants agree to the rules set out below.

  1. This Promotion is limited to legal residents and/or legal citizens of the Republic of South Africa. In addition, the following people shall not be eligible to participate in this Promotion: 

 

2.1. Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoters.

2.2. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.

2.3. People who are not legal residents and/or legal citizens of the Republic of South Africa.

2.4. Persons under the age of 18 years.

 

  1. The Promotion will commence on 28 November 2021 at 00:00:01am and will end on 28 November 2021 at 23:59:59pm (“Promotional Period”). No purchases made after28 November 2021 will be considered.
  1. This promotion is valid for one day only.

 

  1. 5.     Mechanics

 

To participate in this promotion, participants must adhere to the following:

 

5.1. Visit the NESCAFÉ DOLCE GUSTO webshop and buy any 3 packs of STARBUCKS capsules to receive an additional 3 packs of NESCAFÉ DOLCE GUSTO capsules free (excluding magnum packs). Consumers are required to keep proof of purchase (receipt/confirmation email) in order to be able to redeem the extra 3 packs of NESCAFÉ DOLCE GUSTO capsules.

5.2.   Only one set of 3 packs of STARBUCKS capsules purchased in a single transaction is eligible for the additional 3 packs of NESCAFÉ DOLCE GUSTO capsules free.

5.3.   Participating STARBUCKS products include:

 

 

5.4.   Participants may enter the promotion as many times as they wish over the Promotional Period, provided that participants complete the promotion entry mechanic above.

 

  1. 6.     Promotional Material and Marketing Activities

 

6.1. The Promoters may require the winners (at no fee) to be identified, photographed and the photograph or related article published in printed media, or to appear on radio and television, when accepting their prizes and/or after receiving their prize.

6.2. Should this become necessary, the winners may be required to sign a letter of consent and the Promoters shall have the right to use any photographs of any of the winners in perpetuity.

6.3. The winners have a right to decline the invitation to use their image in marketing material or to participate in any marketing activity.

  1. 7.     General

 

7.1. The prize is not transferable, and no substitution or cash redemption of prizes is permitted.

7.2.   The Promoters reserve the right, at their sole discretion, to substitute the promotional products with any other product of comparable or greater commercial value for whatever reason.

7.3.   By entering, a Participant acknowledges that personal information about the Participant will be shared with the Promoters and their agents to the extent necessary to conduct the Promotion and for prizes to be delivered to prize winners.

7.4.   In terms of the data protection laws and Nestlé’s Privacy Notice, Nestlé and/or the Promoters will have to process the following personal information receive directly from you and belonging to you: name; address; email; cell phone or telephone contact details; and certain preferences about you (where and if applicable). Your personal information will be shared on a need to know basis with certain third parties, for the purposes of giving effect to this Promotion, including lawyers, advertising agencies, auditors, and/or regulators. Whilst we hold your personal information, we will keep it safe and secure until the purpose for holding it has come to an end, whereafter it will be destroyed, and you accept that by entering into this Promotion that you agree that we may process your personal information as indicated above.

7.5.   For more details on how we may deal with your personal information please see our standard Privacy Notice on our website - https://www.nestle-esar.com/info/yourdata. For any questions or clarifications regarding the processing of your personal information, you may contact us by emailing dataprotection@za.nestle.com or Dial + 27 86 009 6116.

7.6.   By entering this Promotion, you authorize the Promoters to process the personal information of Participants for communication or statistical purposes. Any personal data submitted by you will be used solely in accordance with current Republic of South Africa data protection legislation and Nestlé’s privacy policy. For any questions or clarifications regarding the processing of the Participant’s personal information, you may contact us by emailing dataprotection@za.nestle.com or Dial 086 0096 116.

7.7.   Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or the Promoters in terms of the Consumer Protection Act, 68 of 2008 ("CPA").

7.8.   All Participants participate entirely at their own risk. By reading and accepting these Rules, the Participants give consent to these risks and hereby indemnify and hold harmless the Promoters, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the promotion and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the Promoters.

7.9.   The Promoters, their directors, employees, agents and distributors accept no responsibility, and they will not, in any circumstances, be liable to compensate the Participants or accept any liability for (a) any inability by the Participant to use the promotional products in part or at all; (b) the lack of quality or any other aspect of any service which is or should be provided at any venue(s) in relation to the promotional products; or (c) any personal loss or injury occurring at any venue(s) arising, directly or indirectly, out of the use of the promotional products.

7.10.The Promoters, their directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any promotional products nor in respect of any warranties or undertakings given by any person other than the Promoters themselves.

7.11.The Promoters reserve the right to terminate or extend the Promotion at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Promotion and acknowledge that they will have no recourse against the Promoters, their advertising agencies, advisors, suppliers and nominated agents.

7.12.By participating in the Promotion, Participants acknowledge that the Promotion will be managed in accordance with the provisions of the CPA. Participants undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the CPA, including but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the Participant. Should any Participant refuse or be unable to comply with this requirement, the Participant shall be deemed to have forfeited the prize.

7.13.Notwithstanding anything to the contrary contained in these Rules, the Promoters reserve the right to amend, modify, change, postpone, suspend or cancel this Promotion and the Rules without notice at any time, for any reason which the Promoters deem necessary. At the end of the Promotion for whatsoever reason, all of the Promoters’ obligations in regard to the Promotion as well as in regard to the promotional products shall cease to exist.

7.14.These Rules shall be governed by and interpreted according to the laws of the Republic of South Africa and any Participant and Nestlé consent to the non-exclusive jurisdiction of the High Court of South Africa.

7.15.For further information or enquiries, please email our consumer services at consumer.services@za.nestle.com or call us on +27 86 009 6116/+27 11 514 6116 or email TMARC Marketing at Support@tmarc.com. Calls to this number will be charged by your cellular network service provider.