Mochachos® “Colour you Summer” Competition

1. Promoter/s. Mochachos Franchise Management (Pty) Ltd are the promoters of this promotional competition (“Promotional Competition”)

2. Participant/s. A Person who enters, competes in or is otherwise eligible to win the Promotional Competition.

3. Eligibility. The Promotional Competition is only open to citizens, permanent residents, or anyone who is legally permitted to reside in the Republic of South Africa and who is 18 (eighteen) years of age or older. Any employee, director, partner, immediate family member, agent, consultant or any person directly or indirectly who controls or is controlled by the Promoters and/or The Coca-Cola Company, their advertising agencies, advisers, dealers, suppliers, customers or any subsidiary of Coca-Cola Beverages Africa (Pty) Ltd, its affiliates and/or associated companies is disqualified from participating in the Promotional Competition (collectively, “Disqualified Person/s”). In addition, all Participants must be natural persons; no prize/s will be awarded to any legal entities.

4. Agreement to Official Rules. By entering the Promotional Competition, all Participants agree to be bound by these rules (“Official Rules”), which will be interpreted and applied by the Promoters or their nominated administrator, whose decision regarding any dispute will be final and binding. The Promoters reserve the right to amend, modify, change, postpone, suspend or cancel the Promotional Competition and any prize/s (which have not yet been subject to selection), or any aspect thereof, without notice at any time, for any reason which the Promoters deem necessary and without any compensation whatsoever.
5. Promotional Period. The Promotional Competition commences at 00h01 on 1 October 2023 and ends at 23h59 on 31 December 2023, both days inclusive (“Promotion Period”).

6. Prize/s.
a. Participants stand the chance of winning a (One) Suzuki S-Presso 1.0 GL MT to the value of @ R147 739,13 ex vat (the “Prize/s”).
b. The Promoters shall solely determine the specifications (including colour) of the Prize/s and the Promoters’ decision shall be final in this regard.
c. The Promoters shall not be liable for any manufacturing faults, Servicing, Fuelling, Recalls, damage or loss of or to the Prize/s once handed over to the winner/s of the Promotional Competition.

7. How to Enter.
a. To stand a chance of winning a Prize, Participants must purchase one of the participating promotional meals, either the Mochachos Family Variety meal and a 1.5L Coca-cola product/Soft drink or a Chicken Burger Combo meal with a 440/500ml/ buddy drink Coca-cola product/Soft drink from any participating Mochachos outlet within the republic of South Africa during the Promotion Period.
b. To enter the Promotional Competition, Participants must Purchase the Participating Beverage and Meal or Combo, take a selfie of yourself enjoying the promotional meal and Coca-Cola Soft drink and post it to our Facebook page and tag @mochachos or upload to your Instagram profile and tag @mochachos_chickenfiesta
c. Participants may enter the Promotional Competition as many times as they wish provided, they purchase the Participating Products each time from a Participating Retailer during the Promotion Period. However, Participants are only eligible to win 1 (one) Prize under this Promotional Competition.
d. A Participant’s entry will be withdrawn if any Participating Product/s purchased in connection with this Promotional Competition is/are returned to any Participating Retailer.
e. Entries that are unclear, illegible, are submitted via an incorrect entry mechanism or contain errors or from Disqualified Person/s will be disqualified.

8. Selection.
a. The Promoters or their nominated administrator’s decision shall be final and binding and no correspondence will be entered into.
b. The Promoters or their nominated administrator will select the 5 finalists name/s randomly of the qualifying potential winner/s of the Promotional Competition in a random draw of all eligible entries received during the Promotion Period. The finalists will be selected via Facebook and Instagram only. Only accounts that tag @mochachos in their Facebook posts or tag @mochachos_chickenfiesta in their Instagram posts will be considered. The random draw shall take place on 12 January 2024.
c. Participants whose entries are drawn will be notified Via Facebook and Instagram.
d. If a finalist cannot be reached for a period of 3 days after the draw, the prize will be forfeited to a runner up. If the runner up cannot be contacted for a period of a further 3 days after, the process will be repeated until a winner is confirmed.
e. The 5 (Five) selected finalists will be required to attend the prize giving at Suzuki – Camaro View Shopping Centre, Corner Comaro & Soetdoring, Bassonia Johannesburg South on 27th January 2024. Flights and accommodation will be provided to finalists that are not located in Gauteng. Only 1 economy return flight and one-night accommodation including breakfast and dinner per finalist will be covered by the promoted at the discretion of the promoter. The five finalists will each choose a car key of which only one key will unlock the Suzuki S’Presso.

9. Requirements of Potential Winner/s. The potential winner/s of the Promotional Competition must continue to comply with the Official Rules. Winning the Promotional Competition is contingent upon fulfilling all requirements of the Promotional Competition. Every reasonable effort will be made to contact the potential winner/s of the Promotional Competition, however, in the event that a potential winner cannot be contacted, fails to collect a Prize within 1 (one) month of being notified thereby forfeiting the Prize, forfeits a Prize for any reason, is a Disqualified Person/s, or is disqualified for any other reason, the Promoters or their nominated administrator will draw an alternate potential winner from all remaining eligible entries (up to 3 (three) alternates will be permitted). If the alternate potential winner/s are disqualified for whatever reason, the applicable Prize will not be awarded.

10. Publicity. The Promoters requires the 5 (Five) Finalists and winner/s of the Promotional Competition to be identified and/or photographed, Video recorded and/or published in printed media and/or to appear on radio and/or television, when accepting the Prize/s and/or after having received the Prize/s. Participation in this competition is conditional upon agreement to take part in such publicity. The Participant/s will not be entitled to any payment or other remuneration for any such publicity or otherwise. All and any materials, including publicity materials will be the sole property of the Promoter.

11. General conditions.
a. The finalists will be required to attend the prize giving at Suzuki – Camaro View Shopping Centre, Corner Comaro & Soetdoring, Bassonia Johannesburg South on 27th January 2024. Flights and accommodation will be provided to finalists that are not located in Gauteng. Only 1 economy return flight and one-night accommodation including breakfast and dinner per finalist will be covered by the promoted at the discretion of the promoter. Finalist will have to fund their own transport to the airport. The five finalists will each choose a car key of which only one key will unlock the Suzuki S’Presso.
b. The winner will be required to provide all necessary information and documentation required for the registration of the vehicle to the relevant parties involved.
c. Once the vehicle is registered in the winner’s name, they take full responsibility, including the vehicle’s insurance in their respective names.
d. The winner will be required to leave the branding on the vehicle for a period of 1 year. Branding only to be removed by January 2025 – Dated photos to be sent to Mochachos Head office as proof that the branding is still on the vehicle.
e. If the Promoters are unable to reach any Participant after drawing his/her entry for whatsoever reason, such Participant will be disqualified from the Promotional Competition and the selection of a replacement entry shall take place in the same manner as the first selection.
f. The Prize/s is/are neither transferable, nor exchangeable, nor redeemable for cash and the Promoters are not liable for any defects in the Prize/s. The Promoters reserve the right to substitute the Prize/s with any other prize/s of comparable commercial value or to vary, postpone, suspend, or cancel the Promotional Competition and the Prize/s (which has/have not yet been subject to selection), or any aspect thereof, without notice at any time and for any reason whatsoever.
g. In the event that the operation, security, or administration of the Promotional Competition is impaired in any way for any reason, including, but, not limited to, fraud, virus or other technical problem, the Promoters may, in their sole discretion, either: (a) suspend the Promotional Competition to address the impairment and then resume it in a manner that best conforms to the spirit of the Official Rules; or (b) cancel the Promotional Competition and award the Prize/s in a random draw from all eligible entries received up to the time of the impairment. The Promoters reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Promotional Competition or to be acting in violation of the Official Rules or the official rules of any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person/s to undermine the legitimate operation of the Promotional Competition may be a violation of criminal and civil law, and, should such an attempt be made, the Promoters reserve the right to seek damages from any such person/s to the fullest extent permitted by law.
h. The Promoters’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
i. The Promoters will require the potential winner/s of the Promotional Competition to complete and submit a Declaration Form and Prize Acceptance Form to enable the Promoters to ensure compliance with the Official Rules and the Consumer Protection Act No. 68 of 2008 (including any regulations promulgated thereunder). Should any potential winner refuse or be unable to comply with this requirement for any reason, such potential winner will be deemed to have rejected the Prize and the same shall revert back to the Promoters.
j. The Promoters reserve the right to carry out audits in respect of any potential winner of the Promotional Competition to verify his/her eligibility and/or the validity of his/her entry.

12. Release and Limitation of Liability. Except where prohibited in law, Participants and/or the winner/s of the Promotional Competition, as the case may be, hereby indemnify the Promoters, their nominated administrator, Mochachos Franchise Management (Pty)Ltd together with all its subsidiaries and Mochachos Mexican Franchise Management group as well as their directors, employees, affiliates, agents, advertising agencies, advisers, suppliers and customers against any and all claims of any nature whatsoever (including consequential and economic loss) arising out of and/or from their participation in any way howsoever in the Promotional Competition including, but not limited to: (a) any act or omission, whether as a result of gross negligence, misrepresentation, misconduct or otherwise; (b) use of the Prize/s; (c) unauthorized human intervention in the Promotional Competition; (d) technical errors related to computers, servers, providers, printers or telephone or network lines; (e) errors in the administration of the Promotional Competition or the processing of entries; and (f) injury or death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a Participant’s participation in the
Promotional Competition or receipt or misuse of the Prize/s. If, for any reason, a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, such Participant’s sole remedy shall be another Promotional Competition entry, if it is possible.

13. Neither the Promoter nor its affiliates shall be liable in any way whatsoever for any loss, damage or costs, however arising, suffered by participants of this price draw and/or participant in the prize offered.

14. Under no circumstances shall the Promoter or its affiliates be liable to anyone who enters this competition for any direct or indirect or consequential loss howsoever arising which may be suffered in relation to this competition, whether as a result of any negligent act or omission or any default on the part of either the Promoter nor its affiliates.

15. By entering this competition, the participant, agrees that the following intellectual property rights and materials included in any entry (even if not selected as the winning entry) shall belong exclusively to the Promoter to the extent permitted by law:
a) the right to publish, copy and making the material accessible to the public; and
b) the right to modify the material in order to publish, copy or to make it accessible to the public. The participant agrees to assign, or to procure the assignment, to the Promoter of all such right, title and interest in and to such intellectual property rights. The participant further agrees to execute, or procure the execution of, such documents and do, and procure the doing of, all such acts or things as are required for the purpose of giving effect to this assignment. The participants are not entitled to any compensation in return for the assignment of rights pursuant this clause.

16. By entering this competition, the participant represents and/or warrants that the image posted on the website is that of the participant and that use of the entry by the Promoter or any other company or entity designated by the Promoter and its affiliates will not infringe any third party’s property rights.

17. By entering into this competition, the participant agrees to indemnify and hold harmless the Promoter (or any other company or entity designated by the Promoter) and its affiliates from and against any claim or demand (including reasonable legal fees) by a third party relating to the use of the entry by the Promoter (or any other company or entity designated by the Promoter), arising out of participant’s breach of these Terms.

18. It is the participant’s responsibility to ensure that its entry is received by us prior to the closure of the competition. Any entries which are not received by us prior to the closure of the competition will not be eligible to participate, regardless of the reason for the late entry. The Promoter and its affiliates are not responsible for any entries which are not received by them, whether timeously or at all, regardless of the cause thereof. Without limitation, the Promoter and its affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer hardware or software failure or malfunction, traffic congestion, or any combination thereof, or any other technical or other problems.

19. Queries. All queries in connection with the Promotional Competition should be directed to the Promoter/s Customer Care Line: 011 450 2145 or P.O. Box 617, Bedfordview, 2008

20. Copy of Rules. A copy of the Official Rules is available at no cost to Participants and can be downloaded in printable form from www.mochachos.com/terms-and-conditions