LEGAL NOTICE

K2013211629 (Pty) Ltd is an independent franchisee for Dunkin' Donuts® in South Africa.

Dunkin' Donuts®'s South Africa website and the use of the services offered are subject to the general terms and conditions of use and data protection information presented in this section.

AT A GLANCE

Limitation of liability

  1. This website, including all content herein contained ("the Website"), is owned and operated by K2013211629 (Pty) Ltd (Registration Number: 2013/211629/07) trading as "Dunkin' Donuts® South Africa". Your access and/or use of this Website constitutes your agreement to be bound by the terms and conditions set out hereunder ("Terms and Conditions"). All rights in and to the content of this Website remain at all times expressly reserved by Dunkin' Donuts® South Africa.

    Dunkin' Donuts® South Africa will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Dunkin' Donuts® South Africa will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Dunkin' Donuts® South Africa or an authorized Dunkin' Donuts® South Africa representative has been advised of the possibility of such damages, or both. Dunkin' Donuts® South Africa total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.
  2. The terms "user", "you" and Fyour" are used interchangeably in these Terms and Conditions and refer to all persons accessing this Website for any reason whatsoever.
  3. The Website is intended to provide information to users regarding various aspects of Dunkin' Donuts® South Africa's business, including enabling users to:
    1. subscribe to the Website to enable Dunkin' Donuts® South Africa to keep users updated on promotional offers and promotional competitions;
    2. make enquiries in relation to franchise, supplier, employment, property and marketing opportunities with Dunkin' Donuts® South Africa;
    3. contact Dunkin' Donuts® South Africa.
    4. contact Dunkin' Donuts® South Africa.

Website content

    1. This Website, including any intellectual property (as defined in paragraph 6.1 below) appearing hereon, is provided "as is" and "as available".
    2. Dunkin' Donuts® South Africa accepts no responsibility for, and makes no representations or warranties, express or implied as to the accuracy, suitability, topicality, correctness, completeness or quality of, the information provided herein.
    3. To the maximum extent permitted in law, Dunkin' Donuts South Africa its directors, shareholders, Related Parties (as contemplated in clause 4.4 below), employees, suppliers, partners, affiliates and agents (collectively "the DD Parties") accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages (including any economic loss, consequential loss, loss of profits or any form of punitive damages) resulting from the access to, use of, or reliance on, this Website or any information contained herein, in any manner whatsoever.
    4. For the purposes of this Website, any reference to the term "Related Parties" means and includes:
      1. Grand Coffee (Pty) Ltd;
      2. Grand Foods Management Services (Pty) Ltd;
      3. Grand Parade Investments Limited,

        and any or all of their directors, shareholders, related or inter-related parties (as contemplated in section 2 of the Companies Act 71 of 2008, as amended), employees, suppliers, partners, affiliates and agents.
         
    1. Any offers in terms hereof are non-binding and subject to alteration.
    2. Dunkin' Donuts® South Africa has no control over third party content and features which can be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the maximum extent permitted in law, the DD Parties shall not be liable whatsoever for any direct or indirect loss or damage (including any economic loss) arising from the use of any such third party websites, contents and/or features.
    3. Dunkin' Donuts® South Africa does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of this Website remains solely at your own risk.
    4. Dunkin' Donuts® South Africa expressly reserves the right to alter, modify, amend, replace or delete the pages (or any part thereof) contained in this Website or the entire Website without any prior or separate notice to the user, or to temporarily or permanently cease publication thereof, in its sole and absolute discretion.

References & links

    1. This Website may include references and links to other internet websites (including links and references made within the Website, third-party entries made in guest books, discussion forums, link directories and mailing lists, as well as all other forms of databases in which it is possible to make external entries) ("the external sites"). Dunkin' Donuts® South Africa has no influence on the current and future design, the content or authorship of the external sites and is not responsible for the information, material, products or services contained on or accessible through those external sites, nor does Dunkin' Donuts® South Africa endorse same.
    2. Illegal, incorrect or incomplete content in any external site and, in particular, damages caused by using or not using information presented in such a way is the sole responsibility of the provider of the page which is referred to in such external site and not Dunkin' Donuts® South Africa. Your access and use of the external sites remains solely at your own risk.
    3. Hyperlinks to the Website from any other source shall be directed to the home page of this Website and shall not portray any of the DD Parties or their products and/or services in a false, misleading, derogatory, or otherwise offensive manner. Links beyond the home page of this Website may only be used with Dunkin' Donuts® South Africa's prior written consent. It is expressly prohibited for any person, business, entity or website to frame any page on this Website, including the home page, in any way whatsoever, without the prior written approval of Dunkin' Donuts® South Africa.

Copyright

    1. All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code, the domain name "Dunkin-Donuts.co.za" / "dunkinsa.co.za" and the marks "Dunkin' Donuts" and "Dunkin' Donuts South Africa" (collectively, "the intellectual property") are owned by or licensed to, as the case may be, Dunkin' Donuts® South Africa or the Related Parties and as such, are protected from infringement by domestic and international legislation and treaties applicable thereto. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this Website are expressly reserved. No modification of any intellectual property or editorial content or graphics appearing on the Website is permitted.
    2. Intellectual property and other material ("material") that is sourced from the Website or from a website address which belongs to or is licensed by any DD Party, may not be copied, printed, published, broadcasted, sold, transferred reproduced, republished, downloaded, sent by post, communicated or distributed in any way whatsoever without the written consent of Dunkin' Donuts® South Africa first being had and obtained (which consent may be refused at the sole discretion of Dunkin' Donuts® South Africa) with the exception of the downloading by the user of a single personal copy of the material on a personal computer for personal, non-commercial use, which does not in any manner contravene any copyright and / or other intellectual property rights of the DD Parties (or any of them) and does not impair author identification. Modifications to the material or the use of the material for other purposes than as aforesaid will be a breach of the intellectual property rights contemplated herein. The DD Parties reserves its right to institute Legal Proceedings in the appropriate and deemed necessary circumstances.
    3. If it is permissible to download any software from the Website, then if software is downloaded from the Website, the software - including all files and images which are contained therein or are produced by it - and all data associated with the software, belongs to Dunkin' Donuts® South Africa or any of the Related Parties (as the case may be). Dunkin' Donuts® South Africa or any such Related Party (as the case may be) grants the user a personal, non-exclusive, non-assignable and non-transferable right to use the software. Dunkin' Donuts® South Africa or any such Related Party (as the case may be) retains the full and unrestricted ownership in, and copyright to, the software. The software may not be passed on, sold, decoded, inverted, reassembled or transferred in another format.
    4. You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the Republic of South Africa or other jurisdiction from which you are accessing this Website.
    5. In particular, you agree that you will not:
      1. post, transmit or disseminate any information on or via this Website which:
        1. contains any obscene, indecent or offensive language and/or graphics
        2. is, or may be, false, abusive, hateful, harmful, obscene, defamatory or otherwise illegal;
        3. any party other than yourself holds any rights to (including any intellectual property rights) without the necessary permission of such party first being had and obtained (which shall include, in respect of intellectual property rights, such party having granted you a license to utilise any such intellectual property rights);
        4. is encrypted, or constitutes junk mail, spam mail or unauthorised advertising;
        5. encourages conduct that is, or may, constitute a criminal offence or give rise to any civil liability of any of the DD Parties of whatsoever nature, or that otherwise violates any South African, or international, law or regulation (including, without limitation, the Consumer Protection Act 68 of 2008 ("the CPA") and any regulations thereto);
      1. use this Website in a manner which causes or may cause an infringement of the rights of any other person;
      2. use any software, routine or device to disrupt or interfere, or attempt to disrupt or interfere, electronically or manually, with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via any means whatsoever;
      3. deface, alter or interfere with the front end "look and feel" of this Website or the underlying software code.
    1. By posting or submitting information on, or to, this Website, you warrant that any such information submitted or posted by you (as the case may be) to or on the Website does not, and will not, violate any right of any third party, including intellectual property, privacy or any other personal or proprietary right.
    2. Without prejudice to any of Dunkin' Donuts® South Africa's other rights (whether at law or otherwise), Dunkin' Donuts® South Africa reserves the right to deny you access to this Website where Dunkin' Donuts® South Africa believes (in its sole discretion) that you are in breach of any of these Terms and Conditions.

Data protection

    1. Insofar as it is possible for the user to enter personal or commercial data (including names, email addresses, physical addresses and other contact details) into this Website, this information is divulged by the user to Dunkin' Donuts® South Africa on an explicitly voluntary basis. The utilisation and payment of any services offered is - insofar as it is technically possible and reasonable - also provided without entering such data or by entering anonymised data or under a pseudonym. The use of any contact details (including any contact details published as part of the legal information or comparable details such as postal addresses, telephone and fax numbers and email addresses) on this Website to convey information that has not been explicitly requested by the party to whom such contact details relate is expressly not permitted. Dunkin' Donuts® South Africa reserves the right to take legal action against anyone violating this prohibition by sending so-called spam mail to any such persons.
    2. We collect, collate, process, export and use the following types of information about you when you use this Website:
      1. information provided by you. We may collect personal information (that is information about you that is personally identifiable like your name, address, gender, e-mail address, physical address, phone number(s) and other unique information such as product and service preferences and contact preferences that are not otherwise publicly available) to the extent that you provide us with same; and
      2. information that is collected automatically. Dunkin' Donuts® South Africa receives and stores information which is transmitted automatically from your computer when you browse the internet. This information includes information from cookies (which are described in clause 7.4 below), your Internet Protocol ("IP") address, browser type, web beacons (which are electronic files that allow a web site to count users who have visited that page or to access certain cookies), embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address of the website from which you arrived at the Website. Your IP address is the unique address of your computer which is automatically provided to other computers when your web browser or email application requests a web page or email from those computers on the internet. Dunkin' Donuts® South Africa may also use some of these automatic data collection tools in connection with certain emails sent from Dunkin' Donuts® South Africa and therefore may collect information using these tools when you open the email or click on a link contained in the email.
    1. Cookies are a form of internet technology. Websites may use cookies to provide useful features for their users. Cookies are files that are written or downloaded to your computer's hard drive when you access a website. They may allow Dunkin' Donuts® South Africa to store and retrieve login information on your computer and provide data that can be used to improve the quality of the Website. Internet browsers may be initially set up to accept cookies. You can, however, set your browser to refuse cookies, although you may not be able to take full advantage of the Website if you do so.
    2. Dunkin' Donuts® South Africa may link information stored in cookies such as your age, gender and country with your personally identifiable information and we may use such information to gather statistics about the number of people who visit the Website and to customize, amongst other things, the content and layout thereof.
    3. Our advertising partners may set and access cookies or use other technologies such as web beacons in order to personalise advertising content. Use by these advertising partners of their own cookies and any other tracking technologies are subject to their privacy policies.
    4. Use and Disclosure of information
      1. Dunkin' Donuts® South Africa may use your information to, amongst other things:
        1. keep you updated on new, promotional offers and promotional competitions;
        2. assist you with making enquiries to Dunkin' Donuts® South Africa in relation to franchise, supplier, employment, property and marketing opportunities with Dunkin' Donuts® South Africa;
        3. communicate with you about ourselves and/or various products and/or services;
        4. provide services to you;
        5. update you on new products, services and benefits;
        6. select content to be communicated to you;
        7. allow you to participate in promotional offers, promotional competitions and surveys;
        8. contact you for market research regarding products or services.
      1. In addition, Dunkin' Donuts® South Africa may use information about your product and/or service interests and promotional competition entries to help us improve the Website design.
      2. Dunkin' Donuts® South Africa may use your email address and/or other contact details provided to contact you from time to time and may also use it for security reasons to confirm that you are who you say you are.
      3. Dunkin' Donuts® South Africa may use the information collected automatically, such as your IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise our Website content, layout and services. We may share this information with third parties to help us improve and better serve our users.
      4. Advertisements may be delivered to you by our advertising partners. Dunkin' Donuts® South Africa may however transfer information about your use of the Website, such as your IP address and information stored via cookies, to our advertising partners and other third parties. This information may be used to provide advertising, promotions and other products and services that may be of particular interest to you.
      5. Dunkin' Donuts® South Africa may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors, service providers and service agencies that we may engage to assist us in providing our products and services to you. Such vendors and service agencies will be obligated to use your personally identifiable information solely to provide the products and/or services to us.
      6. Dunkin' Donuts® South Africa will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect the rights and property of Dunkin' Donuts® South Africa, the Related Parties or the public. Dunkin' Donuts® South Africa may also co-operate with law enforcement in any official investigation and we may disclose your personally identifiable information to the relevant agency or authority in doing so.
      7. Dunkin' Donuts® South Africa reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change this the terms hereof, we will notify you beforehand by way of a publication on this Website.
      8. By posting any information to this Website (including, but not limited to any text, photographs, graphics, videos and/or sound recordings) you grant to Dunkin' Donuts® South Africa any all rights necessary to enable us to make this information available on the Website, including the right to edit such content in our sole discretion.
      9. Circumstances may arise where, whether for strategic or other business reasons, Dunkin' Donuts® South Africa decides to sell, buy, merge or otherwise reorganize its business or its shareholding. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers.

Receipt and transmission of data messages

    1. For the purposes of this clause 8, the term "data message" shall bear the meaning ascribed thereto in the Electronic Communications and Transactions Act 25 of 2005 (as amended).
    2. Data messages, including e-mail messages, sent by users to Dunkin' Donuts® South Africa shall be deemed to be received only when acknowledged or responded to.
    3. Data messages sent by Dunkin' Donuts® South Africa to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
    4. Dunkin' Donuts® South Africa reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
    5. 5 Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Dunkin' Donuts® South Africa is therefore not responsible for accuracy of any message sent by email over the internet - whether from Dunkin' Donuts® South Africa to you or from you to Dunkin' Donuts® South Africa.

Indemnities

  • The user indemnifies and holds harmless K2013211629 (Pty) Ltd and/or Dunkin' Donuts® South Africa and/or the DD Parties from any direct or indirect liability, loss, claim, expense, cost, demand, action, application or other proceedings (including for attorneys fees and related costs such as tracing fees) related to the user's breach of these Terms and Conditions or arising out of or in connection with the user's use of this Website, third party websites or any of the products and/or services and/or advice offered or ordered through such sites in any way.

General

    1. This document contains the entire agreement between the parties in relation to the subject matter hereof. No alteration, cancellation, variation of, or addition hereto will be of any force or effect.
    2. The headings to the paragraphs to the Terms and Conditions are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
    3. Dunkin' Donuts® South Africa may amend, vary and/or modify these Terms and Conditions at any time, and such amendment, variation and/or modification shall be effective immediately upon posting of the amended, varied and/or modified Terms and Conditions on this Website ("the modified Terms and Conditions). Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.
    4. Your access and/or use of this Website and the operation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.
    5. You hereby consent to receive any and all approaches and/or communications from each of the DD Parties and/or each of their marketing service providers (whether via e-mail or otherwise) whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to info@dunkinsa.co.za advising of same.
    6. You hereby consent to receive any and all approaches and/or communications from each of the DD Parties and/or each of their marketing service providers (whether via e-mail or otherwise) whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to info@dunkinsa.co.za advising of same.
    7. To the extent that any provision in these Terms and Conditions constitutes a contractual stipulation in favour of any or all of the Related Parties (stipulatio alteri), the benefit of such stipulatio alteri may be accepted in writing by any or all of such Related Parties at any time, from time to time.
    8. In the event of the user breaching the terms of these Terms and Conditions, the user shall be liable for all legal costs (on the scale as between attorney and own client) which may be incurred by Dunkin' Donuts® South Africa or any of the Related Parties arising therefrom.
    9. Each sentence, paragraph, term, clause and provision of these Terms and Conditions shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

DUNKIN' DONUTS GUEST SURVEY REDEMPTION RESTRICTIONS

  • Coupons issued are redeemable at any Dunkin' Donuts restaurant
  • One coupon redemption permitted per guest
  • Coupon is valid for the product as communicated by Dunkin' Donuts as the survey incentive; provided a minimum spend of R15 is made by the Guest.
  • No substitutions of the survey incentive are permitted.
  • Coupon is void if copied/transferred and where prohibited or restricted by law
  • Survey incentive may not be combined with any discount/promotion.
  • Receipt may not be reproduced, copied, purchased, trade or sold.
  • Internet distribution or resale is strictly prohibited
  • Validation codes are valid for 180 days from date of issue, weekends and public holidays included.

TERMS AND CONDITIONS FOR DUNKIN’ DONUTS® SOUTH AFRICA’S #DDance4DarkRoast PROMOTIONAL

COMPETITION

1. Please read the competition terms and conditions (“Terms”) carefully. These Terms apply to all persons entering the DDance4DarkRoast promotional competition conducted by Dunkin’ Donuts South Africa

2. If you do not agree to be bound to any or all of the Terms contained herein, please do not enter the Competition. If you take part in this Competition, you agree to be bound by these Terms and accept that the Promoters decision is final and no correspondence will be entered into. Prizes are not transferable, substitutable, or exchangeable in any form. Entry implies acceptance of these Full Terms.

3. The Competition is organized by Dunkin’ Donuts South Africa, and is open to all citizens and legal residents (provided that the entrant is also resident in South Africa at the time of winning and receiving any Prize herein) of South Africa, who at the time of entering the Competition are over the age of 5 (five) years, and are in possession of a valid South African Identity Document (in the case of residents, must also have a valid passport, South African bank account and necessary residency permission), except for any person who is a director, member, partner, employee or agent of, or consultant (“Associates”) of Dunkin’ Donuts South Africa, or any other person who directly or indirectly controls, is employed by or is controlled by Dunkin’ Donuts South Africa, and/or immediate family members of Associates, who are indirectly or directly connected to or employed by any party in the aforementioned capacities or relationships, their advertising agencies, manufacturers, distributors or suppliers. Kids who enter must have parent or guardian consent and if they are the selected winners, their parent or guardian must produce their valid South African ID document/passport and banking details.

4. The Competition will run from 26th October 2017 at 00:01 and will end on the 6th December 2017 at 00:00 (“Competition Duration”).

There is a total of 1 (one) prize to be won and to stand a chance of winning the prize of R10 000 cash (“Prize”) in this Competition, entrants must boldly display their smoothest dance moves. To enter you must:

Have either of the following: a valid Facebook account and like/follow the relevant Dunkin’ Donuts South Africa Facebook page which can be found at https://www.facebook.com/dunkindonutssouthafrica/

4.1.1. Step 1: Purchase a cup of dark roast and retain your slip.

4.1.2. Step 2: Download Our Dark Roast Alive song at: www.dunkin-donuts.co.za

4.1.3. Step 3: Upload a video of yourself dancing to the song onto our Facebook page using #ddance4darkroast. Remember to include your till slip order number on your post!

Entries will only count if done via the official and legitimate Dunkin’ Donuts South Africa Facebook page and if all steps above are followed correctly. It will be at the Promoters discretion to decide on whether the entry steps have been sufficiently completed by entrants. The Promoter reserves the right to disqualify video entries longer 2 (two) minutes.

5. The winner of the Prize will be the fan judged by the Promoters to have met the following criteria with their video entries:

5.1.1. Followed and completed Steps (4.1.1), (4.1.2) and (4.1.3) as listed above

5.1.2. Their video upload displays the following:

o Boldness

o Originality

o Creativity

o Brand Fit

Before the winner is announced, the Promoters will contact the potential winner (who has been judged by the Promoters to have met all the above criteria (5.1.1) and (5.1.2) and it is at the Promoters discretion to judge who meets this criteria) and conduct a winner verification audit of compliance with the terms and conditions and challenge mechanics, and if the potential winner is verified successful at the end of the competition audit, they will be declared as a final winner. If the potential winner is unable to be successfully verified after the audit, the Promoters will disqualify that potential winner and the next entrant who is adjudicated by the Promoters as the next best entrant to meet the (5.1.1) and (5.1.2) criteria will be declared a potential winner and will undergo the same process.

6.Entry Conditions - each entry must:

A. Be an original video, created solely by the entrant, and over which the entrant has all necessary rights, title and interest, including copyright;

B. Not infringe upon the intellectual property rights, copyright or defame or invade the publicity or privacy rights, of any third party, living or deceased and/or any brand;

C. Not use the brand names, trade names, or trade-marks of any third parties;

D. Must have a valid Facebook account and Like or Follow the official Dunkin’ Donuts South Africa Facebook page;

E. Be primarily in English;

F. Not contain or make any reference to any branded food or beverage products other than the Dark Roast coffee blend;

G. Not exceed 2 (two) minutes in length if in video format as submitted;

H. Be suitable for family audiences and for display and publication on national television, and social media channels in the sole determination of the Promoter. Without limitation, Entries shall not contain or describe any content that is or contains: the promotion of unlawful behaviour, political in nature, profanity, nudity, explicit sexuality, harmful, threatening, abusive, racist, harassing, tortious, defamatory, vulgar,

obscene, libellous, or is hateful, discriminatory or otherwise offensive or objectionable;

I. Have been created specifically for this Competition, and have not been previously published, or entered into, or received any awards in, any other Competition or competition of any kind or form whatsoever;

J. Be consistent with the Promoter’s corporate image;

K. Be consistent with local law or applicable and legitimate self-regulation; and

L. Comply with these Official Competition Rules as published and available on the respective Promoter websites/social media pages, namely http://www.dunkin-donuts.co.za/terms-of-use

7. The Promoter reserves the right to use entries (at its sole discretion) to create further marketing material and share these on any media platforms that it so chooses and the entrants acknowledge that he/she and/or any third parties portrayed in the entry videos/challenges will not be entitled to receive any payment, title or rights over the creation, or the idea used. The Promoter reserves the right after the Competition Period, at its sole and absolute discretion, with or without notice, to change the Entry submitted as part of the Prize-winning Entry.

8. The Promoter reserves the right at any time, in its sole and absolute discretion, to disqualify any entrant and to remove (or to refuse to post) Entries from the Competition social media pages that it finds or believes not to comply with the conditions above, or otherwise with these Official Competition Rules, or that seek to defraud the legitimate purpose of this Competition. Without limiting the generality of these Rules, Entries that are determined to be, or suspected to be, in the Promoter’s sole discretion, the subject of any scheme designed to compensate individuals for engaging in activities online that directly increases an Entrant’s chance of winning may be disqualified from the Competition and/or any associated Prize may be forfeited. Entries may also be disqualified, removed from the Competition social media pages, and any associated prize forfeit in the event that the individual who submitted the Entry has engaged, or is suspected of engaging in, methods designed to affect number of votes for that Entry – or those of any other Entry – in violation of these Official Competition Rules, and to pursue all other applicable rights and remedies.

9. By entering the Competition, entrants agree to release and hold harmless the Promoter and its affiliated companies from any and all claims that any product, commercial, advertising, presentation, web content or other material, in any media, throughout the universe, subsequently produced, presented and/or prepared by or on behalf of the Promoter, infringes with regard to any elements, characters or ideas contained in the Entry. For greater certainty, the Promoter will not be responsible should any future product, packaging, advertising, promotion, or other independently developed creative, marketing or advertising materials bear any resemblance to an Entry that is not declared to be the winning Entry.

 

10. WINNER SELECTION

10.1. Within 15 (fifteen) days of the end of the Competition Duration, the Prize winner will be announced. The potential winner will be contacted and notified by Facebook private message and once the potential winner’s compliance with the Competition Rules has been audited and verified by the Promoter, the winner will be declared as such and an announcement revealing the winner will be made.

10.2. The Promoter reserves the right, during the promotion, to create highlight reels of videos and/or photographs submitted by entrants during the Competition Duration and to publish these highlight reels weekly on the various Dunkin’ Donuts South Africa social media platforms (including but not limited to Facebook). By doing this, the Promoter in no way is endorsing a single entry and these highlight reels does not increase the chances of that challenge or entrant winning or gaining points.

10.3. The Promoter reserves the right to request proof of a Prize winner's identity in the form of a valid and official identity document, passport or driver’s license and proof of address in the form of a utility bill or similar proof that is acceptable to the Promoter. In the event that a Prize winner cannot provide all of the required proof or documents that are acceptable to the Promoter, the Promoter may withdraw the Prize and/or offer the Prize to the entrant who met (5.1.1) and (5.1.2) criteria.

11. All entries must be made by the entrant themselves who thought of the unique Bold and Smooth dance moves. Bulk entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries, entries by macros or other automated means (including systems which can be programmed to enter), and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified and will not be counted. If it becomes apparent that an entrant is using a computer(s) to circumvent this condition by, for example, the use of 'script', 'brute force', masking their identity by manipulating IP addresses, using identities other than their own, using multiple email addresses or any other automated means in order to increase that entrant's entries into the promotion in a way that is not consistent with the spirit of the promotion, that entrant's entries will be disqualified and any prize award will be void. A maximum of 1 entry per person per day will be accepted. Entrants cannot use the same till slip order number for different entries.

12. Any attempt to deliberately damage or interfere with the social media page used in connection with the promotion or the information on it, or to otherwise undermine the legitimate operation of the promotional competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. The Promoter reserves the right (subject to applicable law) to disqualify and/or ban any individual who tampers with or attempts to subvert or interfere with the Promotion website or entry process or prize retrieval process.

13. If for any reason the Competition is not capable of running as planned as a result of any technical failures, unauthorized intervention, computer virus, mobile network failure, social media site downtime, tampering, fraud or any other causes beyond the Promoter’s control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion and/or to disqualify and/or ban any individual who (whether directly or indirectly) causes (or has caused or has attempted to cause) the problem. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.

14. A failure by the Promoter to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of the Promoter’s rights in relation to the same.

15. Winner Prize redemption will be as follows:

  • 15.1. The Prize winner will be informed and contacted through Facebook Direct Message and requested to supply their address and personal banking details of a banking account in South Africa, which they must submit to the Promoters within 3 (three) days. The Prize will be sent to the winner via Electronic Funds Transfer, and paid in rand currency, within 14 (fourteen) working days of the entrant submitting to the Promoter all the required banking and other details.
  • 15.2. Should the winner choose to have the Prize deposited into a bank account owned by a third party, the winner will have to submit an email to the Promoters specifically requesting and authorizing this to be done.

16. The prize is non-transferable and cannot be exchanged for any alternatives in whole or in part. The decisions of the Promoter are final and no correspondence will be entered into. Winner is solely responsible for the payment of any applicable taxes associated with the Prize.

17. The name of the winning entrant will be posted on the Dunkin’ Donuts South Africa social media pages after the end of the Competition Duration.

18. Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded. To the fullest extent permitted by law, the Promoter hereby excludes and shall not have any liability to any entrant or prize winner in connection with or arising out of this Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude the Promoter’s liability for personal injury or death caused by its negligence or liability for fraudulent misrepresentation. For the avoidance of doubt, this paragraph shall also apply in respect of any prize provided by a third-party provider.

19. The winner’s name and image may be published on Promoters social media sites, and accordingly by participating in this promotional competition, all entrants are deemed to have read and understand the terms and conditions of the social media sites of Facebook, Twitter, Instagram, Promoters website, and of entrants mobile network service provider (where applicable) and by entering this Competition, entrants further allow the Promoter permission to publish his/her name and photograph on the Promoters Social Media pages.

20. The winner will be required to appear on any form of media and/or social media, for which no fee will be payable, and subject to the provision that the winner may at any time prior to such marketing appearance, decline the request by the Promoter to do so.

21. The copyright, intellectual property rights, image rights and any other rights vesting in any promotional Competition footage, posts, videos and photographs (whether depicting the winner and partner or not) shall remain the property of the Promoter, who reserves the right to use it in any way.

22. Any entrant who transgresses any of these terms and conditions or who acts in any way contrary to the spirit of this promotional competition may be banned from entry into this, or into any other Promoter or PepsiCo promotional competitions, for a period deemed appropriate by Promoter management.

23. Promoter reserves the right to cancel or amend or alter the Competition and its rules or prizes (not already awarded, to any other prize of comparable commercial value) at their own discretion at any time, if deemed necessary in their opinion and/or if circumstances arise outside of their control, without prior notice and no entrant shall have recourse for such cancellation or alteration. Any changes will be posted either within the competition information or these terms and conditions shall become effective immediately after being altered or on such date as may be determined by Promoter. No entrant shall have any recourse against Promoter as a result of the alterations of the rules or prizes.

24. Entries which are unclear, illegible, are submitted via an incorrect entry mechanism or contain errors or from Disqualified Persons, will be declared invalid. If the Promoter is unable to reach any entrant or complete the verification process after drawing his/her entry for whatsoever reason, such entrant will be disqualified and the draw of a replacement entry shall take place in the same manner as the first draw.

25. All ancillary costs, including but not limited to transport, meals, personal and incidental expenses, insurance, government taxes or other fees applicable, are the responsibility of the winner and/or entrants.

26. All entrants and the winners, as the case may be, indemnify the Promoter, their advertising agencies, advisers, nominated agents and suppliers identified by the trademarks owned by or licensed to Grand Coffee House (pty) LTD , its affiliates and/or associated companies against any and all claims of any nature whatsoever arising out of and/or from their participation in any way howsoever in this promotional competition (including, as a result of any act or omission, whether as a result of negligence, misrepresentation, misconduct or otherwise on the part of the Promoters and/or use of the Prizes).

27. All entrants and entrants are advised that in compliance with the laws of the countries in which the Promoters operate, the Promoters are required to retain certain information (where applicable) of entrants, entrants and winners for a period of 3 (three) years (“Personal Information”). Such Personal Information to be retained by the Promoters includes (but is not limited to) the full names, identity numbers, contact details and winners acknowledgement of prize receipts. Accordingly the Promoters will require the winners to complete and submit an information disclosure agreement and indemnification to enable the Promoters to ensure compliance with these rules, as well as with the South African Consumer Protection Act 68 of 2008 (“Consumer Act”). Should any entrant, entrant and/or winner refuse or be unable to comply with this rule for any reason, such entrant, entrant and/or winner will be deemed to have rejected the Prizes and it shall revert back to the Promoters.

28. All queries in connection with this Promotional Competition should be directed to Thami Mazana on +27 21 443 9222

29. A copy of the competition rules is available to the entrants and can be downloaded in printable form from http://www.dunkin-donuts.co.za/terms-of-use