MOCHACHOS® SOUTH AFRICA TERMS AND CONDITIONS
New Year Fiesta Promotion
- 1. Ten participants stand the chance of winning a Gift-Bucks voucher to the value of R1500.00 (One thousand five hundred Rand) each.
2. This competition commences on 2 January 2023 and entries close at 11h59 pm on 31 January 2023.
3. This competition is open to all residents of the Republic of South Africa. You are not eligible to participate in this competition if you are:
a) a director, member, partner, employee, agent or consultant of The Promoter; or
b) affiliates/divisions/subsidiaries or any other person who supplies goods or services in connection with the competition; or
c) director, member, partner, employee, agent or consultant of any franchised outlet of the Promoter; or
d) a spouse, life partner, parent, child or sibling, immediate family member, business partner or associate of the person specified in 2 (a) and (b) above.
4. This competition is only open to participants who are South African citizens with a valid ID book or card. All participants must be 18 years and older.
5. By entering the competition, all participants accept and agree to abide by these rules, terms and conditions.
To enter:
a) Purchase the Mochachos Amigo combo meal and a 1.5l Coca-Cola Soft drink Product
b) Visit www.mochachos.com, fill out the competition entry form and upload a photo of your proof of purchase/ till receipt to enter.
6. Ten winners will randomly be selected on or before the 17th February 2023 and will be contacted via the telephone details provided on the entry form.
7. If the winner does not respond and/or 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 telephonically for a period of a further 3 days after, the process will be repeated until a winner is confirmed.
8. The prize is not transferable and may not be exchanged for cash. The Promoter reserves the right to substitute the prize with any other prize of comparable commercial value.
9. Each winner may be required to take part in publicity which includes but not limited to publishing and distributing any and all details of the winner and or to take pictures and or videos of the winner or use the winners details or photographs and or videos in any advertising or promotional material without any liability on the part of the Promoter and participation in this competition is conditional upon agreement to take part in such publicity. Participants 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.
10. The Promoter reserves the right to terminate, temporarily suspend or amend this competition in the event of any unforeseen circumstances outside their reasonable control or technical or other difficulties that might compromise its integrity. In the event where this competition is cancelled or suspended, all participants agree to waive any rights that they may have in terms of the competition and acknowledge that they have no recourse against the Promoter or its affiliates.
11. 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.
12. 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.
13. 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.
14. By entering this competition, the participant represents and/or warrants that the image posted on social media 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.
15. 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.
16. 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.
17. The laws of South Africa govern these terms and conditions and participants agree to be subject to the exclusive jurisdiction of the South African courts.
18. If any part of any clause or any clause in these Terms is found by a competent court or other competent authority to be void or unenforceable, that part of the clause or clause shall be deemed to be deleted and the remaining clauses shall continue in full force and effect.
19. For purposes hereof, “Promoter” means Mochachos Franchise Management and “affiliates” means our partners, co-promoters and sponsors of this competition, our subsidiaries, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents and representatives.
20. The Promoter and the judges’ decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into with the participant.
21. It is prohibited to reproduce or publish anything relating to the competition without the prior explicit written consent of the Promoter.
22. Neither the Promoter nor its affiliates will be responsible or liable for costs or expenses of the participant in connection with or relating to participating in the competition. This includes but is not limited to the costs of the use of internet which are for the account of the participant.
23. Promoter: Mochachos Franchise Management (Pty) Ltd
(011) 450-2145
P.O. Box 617, Bedfordview, 2008
24. All queries in connection with the Promotional Competition should be directed to the Promoter/s Customer Care Line: (011) 450-2145
