Samsung Pay Top Transactions Promotion Terms and Conditions (the "Terms and Conditions")


1.
Samsung Pay Top Transactions Promotion (this “Promotion”) is organised by Samsung Electronics Hong Kong Co. Ltd. ("Samsung", "us").
2.
By participating in this Promotion, each user of the Samsung Pay should enrol into the Promotion by agreeing to be bound by these Terms and Conditions inside the Samsung Pay application ("Participant"). All rules and regulations and instructions issued by Samsung from time to time will be deemed incorporated in these Terms and Conditions. Samsung reserves the right to amend the Terms and Conditions of the Promotion at any time, without prior notice.
3.
This Promotion is open to registered Samsung Pay Customer as defined in Samsung Pay Terms of Service who:
3.1.
is aged 18 years and above as at the Promotion Start Date of the respective Promotion Phase defined in Section 6 below; and
3.2.
uses Samsung Pay on Participant’s eligible Samsung mobile devices as listed on Samsung website ("Eligible Device").
4.
To participate in the Promotion, each Participant must:
4.1.
Enrol into the Promotion during the respective Promotion Phase by agreeing upon the Terms and Conditions on the event page within the Samsung Pay application on an Eligible Device (“Enrolment”).
4.2.
Make successful payment transactions using Samsung Pay on an Eligible Device during the respective Promotion Phase as defined in Section 6 below (“Transaction”).
5.
The number of transactions will be counted based on a specific Eligible Device. For the avoidance of doubt, if a Participant uses Samsung Pay on more than one Eligible Device, the number of Transactions on each Eligible Device will be counted separately and not combined.
6.
The Promotion will be conducted in the following phases (the "Promotion Phases") :
6.1.
Promotion Phase 1: From today (“Promotion Phase 1 Promotion Start Date”) until end on 31 July, 2017 23:59 Hong Kong Time (“Promotion Phase 1 Promotion End Date”).
6.2.
Promotion Phase 2: 1 August, 2017 00:00 Hong Kong Time (“Promotion Phase 2 Promotion Start Date”) and end on 31 August, 2017 23:59 Hong Kong Time (“Promotion Phase 2 Promotion End Date”).
7.
For the avoidance of doubt, Transactions will qualify for the Promotion if made within respective Promotion Phase and Enrolment of the respective Promotion Phase (whichever occurs later).
8.
Each Transaction must be separated for at least 15 minutes. If there are more than one Transaction within 15 minutes, only the first Transaction within the 15 minutes will be counted as eligible Transaction.
9.
Transactions having been made prior to Enrolment, or outside the respective Promotion Phase, or without using Samsung Pay, or unsuccessful transactions, do not qualify for the Promotion. The decision on the eligibility of each Transaction from Samsung is considered final.
10.
By each Promotion End Date, the top 258 Participants (the "Winner") that conducts the most number of successful Transactions (regardless of Transaction amount) shall be awarded with the prize (collectively "Prizes") as listed below:
10.1.
For the top 1 - 8 Participants conducted the most number of successful Transactions, to be awarded with one (1) Samsung Galaxy S8 Smartphone 64GB version (colour: Orchid Gray, mode number: SM-G9500ZVDTGY).
10.2
For the top 9 - 258 Participants conducted the most number of successful Transactions, to be awarded with one (1) Battery Pack (Fast Charge, 5.1Ah) (colour: Navy Blue, model number EB-PG950CNEGWW).
11.
In case 2 or more Participants attain the same number of successful Transactions by the Promotion End Date, the prize should be awarded to the Participants on a first-registered-first-served basis according to enrolment time of the Participant chronologically.
12.
Each Participant shall only be entitled to one (1) Prize for the entire Promotion. Winner of Promotion Phase 1 will not be granted with any Prize in Promotion Phase 2.
13.
The redemption letter together with the redemption details will be delivered to Participant's email address registered in Samsung Account in an electronic form. The Prize can be redeemed at Samsung's Langham Place Service Center located at Unit 09-12;15, 40/F, Office Tower, Langham Place, 8 Argyle Street, Mongkok upon presentation.
14.
Samsung shall bear no liability if the above mentioned redemption letter is lost due to any circumstances.
15.
Participant understands and accepts that Samsung provides a one year limited warranty service for the Prizes from the date of redemption. Samsung will not provide replacement service for the Prizes. In case of warranty service, customer should visit to the Samsung Service Center together with the collection receipt provided during the collection of the prize. Samsung reserves the right to decline any warranty service according to the warranty clause of the device or listed on the collection receipt.
16.
Winners will be notified by email through the registered email address in Samsung Account. Each Winner will receive the redemption letter on or before 15 September, 2017. The redemption letter is deemed to be received by the Winner once being sent to Participant’s email address.
17.
Each of the Prizes must be collected by the Winner in person before 30 October, 2017. In the event that any Prize is not collected prior to such date, or there is no Winner for the Prize, the Prize will be disposed of by Samsung on its sole discretion.
18.
By participating in the Promotion, each Participant agrees to receive communications from Samsung in an electronic form. Samsung will communicate it by push notification via Samsung Pay application, emails to email address provided by the Participant or posting notices in the Samsung Pay application or Samsung website. Each Participant consents to receiving electronically all agreements, notices, disclosures and other communications that Samsung provides in relation to the Participant.
19.
Samsung reserves the right to disqualify any Participant suspected of fraud, or if Samsung believes that Participant's Enrolment and/or Transactions have been manipulated in any way by machines or computers.
20.
Samsung reserves the right to change or substitute the Prize to other prize(s) of a comparable or equivalent value if it deems fit. Prizes are not exchangeable for cash.
21.
In the event of any dispute arising from the Promotion or relating to the interpretation of the Terms and Conditions, the decision of Samsung on all matters pertaining to the Promotion shall be final and binding on all parties. No correspondence or further claims shall be entertained.
22.
If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond Samsung's reasonable control (e.g. Force Majeure events, etc.), Samsung reserves the right, in its sole discretion and to the fullest extent permitted by law, to: (i) either disqualify any Participant; or (ii) modify, suspend, terminate or cancel the Promotion, as appropriate. Samsung shall not bear any liability therefrom.
23.
Samsung makes no guarantee of the availability of Samsung Pay application or its web services and will not be held responsible for interruption of service that may interfere with the ability to participate in the Promotion.
24.
Except for any liability that cannot be excluded by law, Samsung (including its officers, employees and agents) excludes any and all liability (including in negligence), for any personal injury, or any loss or damage (including loss of profit, loss of opportunity, etc.), whether direct, indirect, special or consequential, arising in any way out of or relating to the Promotion, including but not limited to the followings: (i) any technical difficulties or equipment malfunction (whether or not under Samsung's control); (ii) any theft, unauthorised access or third party interference; (iii) any Transaction, claim or Prize(s) that is late, lost, altered, damaged or misdirected (whether or not after receipt by Samsung) due to any reason beyond the reasonable control of Samsung; (iv) any variation to the Prize(s) value to that stated in the Terms & Conditions; (v) any tax liability incurred by a Participant; or (vi) use of the Prize(s).
25.
Samsung collects, uses, processes and/or discloses Participants' personal information including email address and Transaction information (the "Personal Information") in order to conduct the Promotion, and in accordance with the Samsung Pay Privacy Notice and Samsung Privacy Policy (www.samsung.com/hk/info/privacy.html). Each Participant consents to such collection, use, processing and disclosure of his/her Personal Information, and represents and warrants that all Personal Information provided is true and accurate in all respects. Validity of Enrolment is conditional on providing the Personal Information. Each Participant agrees that Samsung may, for a reasonable period of time, unless otherwise advised, use the Personal Information for promotional, marketing, publicity, research and profiling purposes of the Samsung Pay application, including sending electronic messages or telephoning the Participant(s).
26.
Employees and agents of Samsung, their respective families, households or anyone professionally connected with this Promotion, are not eligible to enrol this Promotion.
27.
Each Participant agrees to indemnify and hold Samsung harmless from and against any and all claims, damages, liabilities, costs and expenses (including legal costs on an indemnity basis) arising from the alleged or actual infringement of any third party copyright, patent, trademark or other intellectual property rights, or other rights, any breach of the Terms and Conditions and/or arising out of or in connection with the Promotion.
28.
Except where expressly provided herein, each Participant shall bear his/her own costs and expenses incurred and/or arising from his/her participation in the Promotion, and no reimbursement may be sought from Samsung.
29.
No person other than Participant and Samsung will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provision of the Terms and Conditions.
30.
We have provided a Chinese language translation of the Terms and Conditions for reference. If there is any inconsistency between the English and Chinese versions, the English version shall prevail.
31.
The Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict or choice of law provisions. Any claim or dispute arising in connection with the Terms and Conditions or Participant use of Samsung Pay shall be resolved as set forth in Samsung Pay Terms of Service.
32.
Except for the promotional purpose of this activity as listed in its Terms & Conditions, "Samsung Electronics" will not provide your personal information to any third parties without your consent to let them market their products or services to you. In addition, "Samsung Electronics" will not sell or disclose, by any method, information on the members of this activity and personal information of visitors to this website. For our privacy policy, please refer to our company's website: http://www.samsung.com/hk_en/info/privacy.html
33.
All photos are for reference only.