Terms of use

Terms of Use

1. DEFINITIONS AND CONTENTS OF TERMS

  1. Definitions
    • In these Terms, the below terms have the following meaning:
    • Service(s): the products and/or services that are offered by Five Guys on the Website for purchase, including food and beverages
    • Terms: these Terms of Use Website
    • Us/We/Five Guys: FGE International B.V., a company with its registered office in Amsterdam, the Netherlands, at the address Prinsengracht 739 – 741 1017 JX Amsterdam, with trade register number 61334790. Contact details are available on the Website
    • Website: this Five Guys website and any Five Guys mobile application/mobile website through which you access the Website
    • You: the person that accesses and/or uses the Website and/or the Services
  2. Contents Terms
    • Article 1: Definition and Contents of Terms
    • Article 2: Applicability Terms
    • Article 3: Access Website and Services
    • Article 4: Rights to Website
    • Article 5: Disclaimer
    • Article 6: Limitation of Liability
    • Article 7: Miscellaneous

2. APPLICABILITY TERMS

  1. These Terms, together with our Privacy Policies, set out the terms and conditions on the basis of which Five Guys provides access to, and Services through, the Website.
  2. These Terms apply to your access and/or use of the Website and Services through the Website. From the moment that you access the Website, you are bound by these Terms.
  3. These Terms may be amended from time to time. The amended version will then be posted on the Website. You are deemed to be aware of, and bound by, any such revisions to these T&C upon the publication of the revised T&C on the Website. Therefore, please check these Terms regularly.
  4. Processing your personal data submitted via the Website, is governed by and subject to our Privacy Policies – which can be found and reviewed on the Website – and the agreement between Five Guys and a third party provider that operates and manages part of the Website and/or Services. The Privacy Policies may be amended from time to time. Therefore, please check them regularly.

3. ACCESS WEBSITE AND SERVICES

  1. You are responsible for making all arrangements necessary for you to have access to the Website and the Services. You are also responsible for ensuring that all persons who access the Website or Services through your Internet connection and/or your internet device/mobile application, are aware of these Terms and that they comply with them.
  2. Access to the Website and/or availability of its Services may be suspended (temporarily) and without notice. Five Guys cannot be held liable or responsible in this respect.

4. RIGHTS TO WEBSITE

  1. All industrial and intellectual property rights – including trademark- and copyrights – in this Website and in material published on it (including, without limitation, text, logo, trademark, photographs and graphical images) are the exclusive property of Five Guys or Five Guys’ licensors. Five Guys retains all its rights in this respect.
  2. Any use of extracts from this Website or any materials and information thereon, including to copy, reproduce or publish such information or materials, other than for personal and non-commercial use and only to the extent explicitly permitted under applicable legislation, is strictly prohibited.
  3. No part of this Website may be copied, reproduced or stored in any other website or included in any public or private electronic retrieval system or service, unless with Five Guys’ prior written permission. It is prohibited to alter or amend the Website and the Services.

5. DISCLAIMER

  1. The Website and the Services are provided as is and as available. Five Guys uses its best efforts that the Website is available twenty-four (24) hours a day and accessible without interruptions, error and virus free. Five Guys or any of its third-party partners cannot, however, be held liable if the Website or any part thereof, is unavailable or has an error- and/or virus at any time and/or for any period.
  2. Five Guys uses if best efforts that information on the Website is and remains correct. Five Guys, however, cannot guarantee that such information is accurate, up to date or complete. You can, therefore, not derive any rights from or rely on that information.
  3. Five Guys makes no, and disclaims all, representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, fitness for a particular purpose, or availability of the Website or parts thereof and the Services, or that the Website will be uninterrupted or error- and/or virus free. Five Guys does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the Website, remains solely with you, to the maximum extent permitted under the laws of the Netherlands.
  4. You are responsible for the security of your password that you used to register with this Website (if you chose to create an account). Unless in case Five Guys negligently discloses your password to a third party, Five Guys will not be liable for any (unauthorized) transaction entered into using your name and password.

6. LIMITATION OF LIABILITY

  1. Five Guys, and any of our group companies, the officers, directors, employees, shareholders or agents of any of them, cannot be held liable or responsible, and exclude all liability and responsibility, for costs, damages and claims of third parties, including you, including – without limitation – any direct, indirect, or consequential loss or damages, or any loss of income, profits (whether in each case of a direct or indirect nature, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, whether in tort, contract or otherwise, even if foreseeable) in connection with the Website or in connection with the use, and/or inability to use, the Website or its Services or any websites linked to this Website, errors- and viruses, and/or the result of use of this Website and/or use of the materials or information on this Website, and/or any use of any services offered by third party partners of Five Guys. This exclusion of liability does not apply in case of intent or willful misconduct of Five Guys or its managing board, or if otherwise not allowed under mandatory applicable laws.
  2. Five Guys cannot in any case be held liable, and excludes any liability, for (relying on and/or using) information on the Website, also in the event that this information is NOT correct, up to date and/or complete.
  3. Notwithstanding the other provisions in these T&C, in the event that Five Guys, and any of our group companies, the officers, directors, employees, shareholders or agents of any of them, can be held liable and such liability is proven and attributable to it, this liability is limited to: (i) EUR 500 per incident; or (ii) should Five Guys decide and be able to apply to and claim under its insurance, the amount that the insurance pays out in connection with the incident not including the excess of Five Guys under the relevant insurance.

7. MISCELLANEOUS

  1. The specific terms and conditions governing the purchase of a Services, are provided on the ordering part of the Website.
  2. If any provision of these Terms is held invalid or unenforceable for any reason but would be valid and enforceable if appropriately modified, then such provision will apply with the modification necessary to make it valid and enforceable. If such provision cannot be so modified, then you and Five Guys agree that such invalidity will not affect the validity of the remaining provisions of the Terms.
  3. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
  4. Any questions about these Terms can be directed at Five Guys, by using the contact details as published on the Website. Five Guys aims to respond as soon as possible, but at least within two weeks from receipt of the request.
  5. These Terms are construed in accordance with, and governed by, the laws of the Netherlands. Any disputes arising here from, are subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

8. GIVEAWAY

GIVEAWAY RULES OF THE CONSUMER GIVEAWAY FOR Five Guys Merch (organized on the Instagram profile https://www.instagram.com/fiveguys.czechrepublic/)

FULL RULES OF THE MARKETING GIVEAWAY FOR Five Guys MERCH (hereinafter referred to as the “Rules”)

The purpose of these Rules is to regulate the rules of the consumer giveaway for Five Guys merch (hereinafter referred to as the “Giveaway”).

1. Organizer of the Giveaway

The organizer of the Giveaway is FGE International B.V., a company registered in Amsterdam, the Netherlands, with its registered office at Prinsengracht 739 – 741, 1017 JX Amsterdam, registration number 61334790 (hereinafter referred to as the “Organizer”).

The Organizer operates the Instagram profile “Five Guys Czech Republic” https://www.instagram.com/fiveguys.czechrepublic/ (hereinafter referred to as the “IG Profile”). This giveaway is in no way sponsored, endorsed, evaluated, or managed by the social media platform Instagram (hereinafter referred to as “Instagram”) and is not associated with it in any way. Instagram is not liable or responsible to the participants of the Giveaway; Meta Inc. is fully released from any obligations toward participants. The participant acknowledges that they are providing their information to the Organizer and not to Instagram.

2. Location and Duration of the Giveaway

The Giveaway will take place within the territory of the Czech Republic from 21 October 2026, 11:30, to 21 October 2026, 20:00.

3. Who Can Participate

1. Only physical person over 18 years old, residing in the Czech Republic or Slovakia and having a valid delivery address in one of those countries, who have a valid personal account on Instagram (www.instagram.com) which must be public, and who are followers of the Instagram account “Five Guys Czech Republic” (hereinafter referred to as the “Participant”), are eligible to participate.

2. Participation via another person’s Instagram account is not allowed.

3. Persons employed by or otherwise closely associated with the Organizer, and persons closely related to them within the meaning of Section 22 of Act No. 89/2012 Coll., Civil Code, are excluded from the Giveaway. If any of these persons is selected as a winner, the prize will not be awarded.

4. Only Participants who fully comply with the Giveaway conditions will be included.

5. Participants must maintain an active Instagram profile throughout the Giveaway and comply with all Instagram terms of use. If an Instagram account is deleted, deactivated, or blocked for any reason, the Participant may be excluded from the Giveaway and will lose any entitlement to a prize.

6. Participation in the Giveaway is voluntary.

7. Participants under 18 years old must have consent from a legal guardian for both participating in the Giveaway and for claiming any prize.

4. Mechanism

Every Participant who meets the conditions for participation in the Giveaway set out in these Rules and leaves a comment under the giveaway post on the Instagram profile “Five Guys Czech Republic” (hereinafter referred to as the “Giveaway Post”) will be entered into the draw to win a prize in the Giveaway.

5. Giveaway winners and prizes

The Giveaway consists of 1 round, with 5-10 prizes to be awarded.

The winner will be selected by random drawing from the Participants who leave a comment under the Giveaway Post (hereinafter referred to as the “Winner”).

If no Participants enter the Giveaway, the prize will revert to the Organizer, who may decide on its further use. The Organizer has the exclusive right to assess whether Participants meet the conditions of the Giveaway.

The Organizer may, at its sole discretion, exclude a Participant if there is suspicion of fraudulent or otherwise improper behavior that could affect the results. This decision is final and binding.

The prize will be delivered to the Winner only within the Czech Republic and Slovakia. Prizes cannot be exchanged for cash or substituted with another prize.

6. Announcement and Prize Delivery

No later than five (5) days after the Giveaway ends, the Organizer will evaluate the Giveaway according to its rules and announce the winner via its Instagram account, with which the Participants agree by entering the Giveaway. The announcement will include the Winner’s first and last name as shown on their Instagram profile used for the Giveaway.

The Winner must contact the Organizer within five (5) days of the announcement and send a direct message via Instagram with the details required for prize delivery (i.e., full name, phone number, and address). Failure to do so will result in forfeiture of the prize.

Unless otherwise agreed, the Organizer will send the prize using a postal service provider. The Organizer only sends prizes within the Czech Republic and Slovakia and is not responsible for delivery failures, delays, loss, or damage. All prizes will be distributed no later than the end of the month following the announcement of the Winner, unless otherwise determined by the Organizer.

The Organizer is not responsible for any issues related to participating in the Giveaway or using the prize. Prizes cannot be claimed, exchanged, or redeemed for cash or any other benefit.

7. Personal Data Processing and Privacy

The Organizer, FGE International B.V., processes the personal data of Participants and Winners, including name, surname, and, for Winners, also delivery address (hereinafter “Personal Data”). The legal basis for processing is Article 6(1) of Regulation (EU) 2016/679 (“GDPR”), primarily for fulfilling obligations arising from the Giveaway rules, including evaluating the Giveaway, determining Winners, and delivering the prizes, as well as Article 6(1)(f) GDPR for protecting the Organizer’s rights or third-party rights (e.g., in case of a legal dispute related to the Giveaway). Personal Data will be stored for a maximum of three (3) years.

The Organizer discloses Personal Data only to the necessary extent to:

● external service providers (e.g., technical support, servers, email delivery);

● backup server operators or technology providers to ensure functionality;

● legal, tax, and financial advisors and auditors as necessary for consulting services;

● public authorities if requested or if illegal activity is suspected. The Organizer ensures the highest standards of data protection, including:

● processing Personal Data for clearly defined purposes only, accurately, and for no longer than necessary;

● safeguarding Personal Data against unauthorized access, alteration, destruction, or misuse;

● providing clear information on data processing and rights;

● implementing appropriate technical and organizational security measures;

● ensuring all persons handling Personal Data maintain confidentiality.

Right to Object

You may object to processing based on legitimate interest when your specific situation justifies it, in accordance with Article 21 GDPR. Objections can be submitted via the form at https://www.fiveguys.cz/support-hub/contact-us/.

Information About Your Rights

Winners may:

● request access to their Personal Data;

● request correction of inaccurate or incomplete data;

● request deletion of data under Article 17 GDPR;

● request processing restrictions under Article 18 GDPR;

● receive their Personal Data in a structured, machine-readable format and transmit it to another controller;

● object to processing under Article 21 GDPR.

Requests will be responded to without undue delay, within one month (extendable by two months if necessary). The Organizer may partially or fully refuse requests if they are manifestly unfounded or excessive. Identity verification may be required.

Complaints about unlawful processing may be submitted to the supervisory authority: Office for Personal Data Protection, Pplk. Sochora 727/27, Prague 170 00, Czech Republic, www.uoou.cz, [email protected], or via court. 8.

General Provisions

The Organizer reserves the right to modify, cancel, suspend, postpone, or extend the Giveaway.

The Organizer may monitor compliance with the rules and make final decisions regarding any dispute.

The Organizer may exclude any Participant violating the rules or acting improperly, without compensation for any costs or damages incurred.

Participants are responsible for the content they post under the Giveaway Post and must ensure they have rights to the content and comply with Czech and Slovak law.

By posting content under the Giveaway Post, the Winner agrees that the Organizer may publish and modify it on the Instagram profile “Five Guys Czech Republic.”

Non-eligible persons or those acting contrary to the Rules will be excluded. If such a person is selected as a Winner, they must return the prize immediately.

The Organizer is not responsible for technical issues with Instagram, undelivered messages, or undelivered prizes. The Organizer reserves the right to exclude any Participant violating Instagram rules, and the account may be reported as fraudulent until resolved.

This Giveaway is not sponsored, managed, or affiliated with Instagram. The Czech Trade Inspection Authority is the competent authority for alternative dispute resolution: Štěpánská 567/15, 120 00 Prague 2, www.coi.cz.

In case of discrepancies between shortened rules and these full rules, the full rules prevail. Full and binding rules are available at www.fiveguys.cz.