1.1. These terms and conditions (“T&Cs”) govern the Dr. Oetker South Africa (“Dr. Oetker”) tabasco sachet promotion which may involve the inclusion of a red tabasco 3 millilitre sachet (“Tabasco Sachet”) in selected Dr. Oetker Ital Pizza Classic box pizzas (“Pizza/s”) from time to time (“Promotion”).
1.2. Any distributor or customer who purchases a Dr. Oetker Pizza which is part of the Promotion (“Purchaser”) undertakes and agrees that it will be bound by these T&Cs, notwithstanding anything to the contrary.
2. The Promotion
2.1. The Promotion is limited to 200,000 units of Pizzas (“Promotional Units”), which may have Tabasco Sachets placed inside boxes of the Promotional Units. The Promotional Units which may contain the Tabasco Sachet have a promotional sticker affixed to the front of the Pizza boxes (“Promotional Sticker/s”).
2.2. The Purchaser acknowledges that:
2.2.1. due to the manual placement of the Tabasco Sachets into the Pizza boxes, certain Pizzas with the Promotional Sticker may not contain the Tabasco Sachet;
2.2.2. the Tabasco Sachet is provided as a promotional item added to the Pizzas at no additional cost;
2.2.3. the contents of the Tabasco Sachet are not produced by Dr. Oetker; and
2.2.4. the absence of the Tabasco Sachet in a Pizza with the Promotional Sticker does not alter the Pizza’s price, quantity or composition in any manner whatsoever.
2.3. As such, the Purchaser hereby undertakes and agrees that it will not hold Dr. Oetker liable for, inter alia, any: (i) incorrect advertising or promotion, as the Promotion is not guaranteed; (ii) claims or losses of any nature whatsoever, or howsoever arising; or (iii) breach of any applicable laws that may apply to the Promotion, as the Purchaser has fully acquainted themselves with the risk that certain Promotional Units with the Promotional Stickers may not contain the Tabasco Sachet.
3. Liability Disclaimer
3.1. Dr. Oetker shall not be held liable for any Pizza boxes with the Promotional Sticker that do not contain the Tabasco Sachet.
3.2. The Purchaser agrees that the absence of the Tabasco Sachet in any such Pizzas shall not entitle the Purchaser to any form of compensation (including a voucher), refund, or replacement from Dr. Oetker. Dr. Oetker reserves the right to elect if it wishes to provide any compensation (including a voucher), refund or replacement to the Purchaser in its sole and absolute discretion.
3.3. The Purchaser hereby undertakes and agrees that Dr. Oetker shall not be liable for any claims, losses, costs, damages or expenses which it may suffer as a result of the Promotion (including a Tabasco Sachet not being placed in a Pizza containing a Promotional Sticker and claims related to the taste and/or quality of the sauce in the Tabasco Sachets).
3.4. The Purchaser hereby waives any claim or any nature whatsoever against Dr. Oetker and indemnifies and holds Dr. Oetker 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 Promotion.
3.5. In the event that Dr. Oetker cannot exclude any liability by law, then the parties agree that Dr. Oetker’s 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 the Pizza.
4. Governing Law
4.1. These T&Cs shall be governed by the laws of South Africa.
4.2. Should any dispute, disagreement or claim arise between the parties (“Dispute”) concerning the T&Cs, the parties shall endeavour to resolve the Dispute by negotiation. One of the parties shall invite the other/s in writing to meet and to attempt to resolve the Dispute by negotiation (“Negotiation”) at Dr. Oetker’s offices within ten Business Days from the date of the written invitation. If the parties are unable to resolve the Dispute by way of Negotiation, then either of the parties may refer this matter to a court who has jurisdiction in relation to the Promotion.
5. Acceptance of the T&Cs
5.1. By participating in the Promotion through purchasing a Pizza containing a Promotional Sticker, the Purchaser undertakes and agrees that (i) they have no expectation of a Tabasco Sachet being placed in the Pizza, and (ii) they understand and agree to the terms and conditions contained herein.
5.2. It is not a requirement for the Purchaser to sign these T&Cs, by purchasing a Pizza (including a Pizza in this Promotion), the Purchaser automatically agrees to be bound by the terms and conditions contained herein.