SAMSUNG REWARDS PROGRAM

TERMS AND CONDITIONS

PLEASE READ CAREFULLY. By enrolling in this program, you agree to the following terms and conditions that govern the Samsung Rewards Program.

A. Overview of Samsung Rewards Program

Samsung Rewards Program (the "Program") is a loyalty program sponsored by Samsung Electronics America, Inc. (“Sponsor”) through which individuals (“Participant(s)”) who have a valid Samsung Account ID, have a Qualified Device and have enrolled to participate in the Program can collect points (“Points”) that will be credited to Participant's account ("Samsung Rewards Account") by making Qualifying Transactions (defined below). Participants may redeem their Points in-app through the Samsung Pay rewards catalog ("Rewards Catalog").

B. Eligibility and Participation in the Program

1. The Program is open to legal residents of the fifty (50) United States and District of Columbia, Puerto Rico, United States Virgin Islands who are at least eighteen (18) years of age or older. It is void where prohibited by law.  

2.  Additionally, Participants must

(a)   own a qualifying Samsung Galaxy device (“Qualifying Devices”). Current list of Qualifying Devices are listed on Samsung.com/pay; and

(b)   have a valid Samsung Account ID from Samsung.com.

3. Participation in the Program constitutes each Participant's full and unconditional agreement to these Program Terms and Conditions (“Rules”) and representation that Participant meets the eligibility requirements set out in these Rules. Those who do not comply with these Rules may be prohibited from participating in the Program as determined by Sponsor in its sole discretion.

4. Registration. To enroll in this Program, each Participant will be presented with the option to register for this Program within the App or other Samsung Applications and must confirm agreement to these Terms and Conditions. There is a limit of one (1) Samsung Rewards Account per person/e-mail address, regardless of whether more than one person uses the same e-mail address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant.

5. Receive Notifications From Sponsor: By accepting these Rules and signing up for the Program, Participants hereby agree to receive email messaging to the email account associated with his/her Samsung Account and push notification messages from Sponsor regarding the status of your Samsung Rewards Account and Points total.

6. Participant's Personal Information: To learn how Sponsor will use the personal information collected in connection with the Rewards Account and/or this Program, read Sponsor’s Privacy Policy: http://www.samsung.com/us/common/privacy.html and the Samsung Pay Privacy Notice: http://www.samsung.com/us/support/answer/ANS00045961/997435235

C. Duration, Modification and Termination of the Program

1. The Program begins on November 17, 2016 at 6:00 p.m. Eastern Time (“ET”) and will continue until Sponsor announces its termination, which it may do at any time, with or without notice to Participants. Sponsor also reserves the right to suspend or modify the Program, at its discretion, at any time with or without notice. Termination, modification or suspension may affect a Participant's ability to redeem accumulated Points.  Participants will be able to redeem Points at any time as set forth in Section E below.

2. A Participant's continued participation in the Program constitutes his or her acceptance of any changes to these Rules.

D. Collecting Points

1.  Earning Points through Samsung Pay.  The following are required to use Samsung Pay:

•    have activated and registered the Samsung Pay application (the "App") on their Qualifying Device (please check Samsung.com/pay for App version requirement.)

•    Register a qualifying credit card or debit card with the App ("Qualifying Card"). Not all cards are compatible; check the Samsung Pay Support page for a compatibility list: http://www.samsung.com/us/support/owners/app/samsung-pay. Private label (PLCC) cards and the Samsung Rewards Visa® Prepaid card are not eligible. Bank of America debit cards registered with the App prior to 3/31/16 and Bank of America U.S. Trust Visa debit cards registered with the App prior to 11/9/16 both need to be deleted and re-added to be eligible; and

•     have a mobile plan with a U.S. carrier that is compatible with the App for a Qualifying Device.

            (a) You will earn Points for each purchase using the App made with a Qualifying Device, using a Qualifying Card, herein a "Qualifying Transaction."  A Qualifying Transaction is complete once you authorize a payment and it is successfully completed and you receive a confirmation push notification.  If multiple transactions are made within five (5) minutes of each other, Participants will only earn Points for one (1) Qualified Transaction in these circumstances. Limit:  Participants may earn Points for up to 50 Qualified Transactions through Samsung Pay each month.

            (b)  Points Earned and Tier Status for each Qualified Transaction. The number of Points that you will earn for each Qualified Transaction will depend on your current "Tier" status. Your Tier status is based on the cumulative number of Qualified transactions you have made in the current calendar month as set forth in the table below.

Tier Name

Number of Qualified Transactions made during the Calendar Month

Points Earned

Entry Level

0 - 5

10 Point/Qualified Transaction

Silver

6-20

20 Points/Qualified Transaction

Gold

21-30

30 Points/Qualified Transaction

Platinum

31  or more

40 Points/Qualified Transaction

            Participant can earn a Tier status at any point in the month by making the required number of cumulative Qualified Transactions. That Tier status will remain in effect as the minimum Tier Status for the following full calendar month only (through the last day of the month at 11:59 p.m. Eastern Time). Participants must requalify for future calendar months. 

For example:  If you make twenty-five Qualified Transactions in Month 1, you will earn Points based on your "Gold" status for the remaining days of Month 1 and will maintain it for all of Month 2.  If you only make eighteen (18) Qualified Transactions in Month 2, your status as of the beginning of Month 3 will now be Silver.

            (c). Other Methods of Earning Points through Samsung Pay: Sponsor may also offer extra bonus Points through use of Samsung Pay to all or some Participants for limited time periods. Sponsor may notify eligible Participants with this special opportunity through push notifications and to the email address associated with their Samsung Account.

2. Earning Points through Other Samsung Applications/Programs:  Sponsor may offer Points through the use of other Samsung applications and/or programs on all Qualifying Devices. Each application or program will provide details and terms regarding how to earn Points. 

3. Other Methods of Receiving Points: Sponsor may offer Points or extra bonus Points to all or some Participants for limited time periods. Sponsor will notify eligible Participants with this special opportunity by email or push notification.  Other methods of receiving points will be subject to these terms and conditions and/or supplementary terms and conditions.

E. Point Value, Forfeiture of Points, & Viewing Points

1.  No Cash Value or Transferability. Points do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale or transfer of Points is strictly prohibited. Points may not be sold on any secondary market, and any transfer of Points to a secondary market shall be deemed void.  Any Points remaining in a Participant’s Rewards Account if the Program is canceled will be forfeited without compensation. There shall be no carry over or transfer of Points to other Sponsor programs, unless otherwise determined by Sponsor in its sole and absolute discretion.

2. Point Expiration. Points earned will expire at the end of the calendar month one year after they are earned.

3. Accrued Points Viewable in Participant’s Rewards Account. The number of Points collected by each Participant will be tracked in the Participant’s Samsung Rewards Account. Sponsor will credit Points earned within approximately 24 hours of the Qualifying Transaction. However, each Participant will have the responsibility of ensuring that his/her Points are properly credited. Any claim for Points not credited accurately must be received by Sponsor within seven (7) days of the date of claimed accrual of such Points. Manual issuance of Points can take up to sixty (60) days.  Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Points summaries or Participant Reward Account. Sponsor reserves the right to invalidate Points from a Participant Rewards Account if it determines that such Points were improperly credited or obtained fraudulently. Sponsor reserves the right to require proof of accrual of Points and Sponsor reserves the right to delay the processing or redemption of any Points without notice to Participants in order to assure compliance with these Rules. Participants are responsible for maintaining the confidentiality of their Participant Rewards Accounts and passwords and for restricting access to their Devices and activity on their Participant Rewards Account, and Participants agree to accept responsibility for all activities that occur under their Rewards Account. Without limiting any other remedies, Sponsor may suspend or terminate a Participant’s Reward Account if Sponsor suspects that a Participant has engaged in fraudulent activity in connection with the Program. Participation in the Program is subject to these Rules, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Rules or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Program, as well as forfeiture of Points accrued to date, all as determined by Sponsor in its sole discretion.  

F. Purchasing Items from the Rewards Catalog

1. A Participant may visit the Rewards Catalog within the App to purchase items with accrued Points.

2. A Participant may begin using Points to purchase items from the Rewards Catalog as of the start date of the Program.

3. To purchase items from the Rewards Catalog, follow the links and instructions to browse through the Rewards Catalog. Once Participant has located an item he or she would like to purchase, he or she can purchase the item by clicking on the "Redeem" button.  Participant will receive confirmation that the item has been purchased and the associated Points will be deducted from his/her Rewards Account.

4. Sponsor reserves the right to modify the list of items available for purchase, as well as their corresponding Point values, at any time for any reason. 

5. The total number of Points a Participant can use to purchase an item is the number of Points he or she has available in his/her Rewards Account.

6. All purchases are for items from the Rewards Catalog are final and the Points will be deducted immediately from Participant's Rewards Account. 

7. Sponsor reserves the right to substitute an item advertised with an item of equal or greater value if due to unavailability or for any other reason.

G. Fulfillment of Items Purchased Through Catalog

1. Participants will receive confirmation emails notifying them when they purchased an item through the Rewards Catalog.

2. The Rewards will be provided as Samsung Rewards Prepaid Visa Cards, gift cards or digital codes that may be used at Samsung.com, will be fulfilled within 24 hours. 

3. Except as otherwise provided herein, no refunds will be provided on any purchased item. If for any reason a purchased item is received damaged, becomes unavailable, or cannot be fulfilled, Sponsor, in its sole discretion, reserves the right to replace the purchased item with a similar item of equal or greater value.

H. General Terms and Conditions

1. Sponsor reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Rules or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

2. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any of these Rules shall not constitute a waiver of that, or any other, provision.

3. The Program is provided to individuals only. Corporations, associations, including school organizations, or other groups may not participate in the Program.

4. All questions or disputes regarding eligibility for the Program, the availability of items, or a Participant’s compliance with these Rules will be resolved by Sponsor in its sole discretion.

5. Sponsor is not responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.

6. Participants are responsible for the payment of all taxes which may result from participation in the Program.

7. Participants are responsible for maintaining updated contact information associated with their Samsung ID.  

8. The Program is subject to all applicable laws and regulations.

I. Limitation of Liability

1. Sponsor, and their respective parent companies, affiliates, subsidiaries, and promotional and advertising agencies are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any web site or any combination thereof. In the event that the App and/or the Rewards Program is temporarily corrupted and suspended, notice of such will be provided and Participants will be advised to (1) not redeem Points until such time that the Program, as originally intended, may be resumed and (2) that Qualified Transactions during this time period completed will not generate Points for the Participant.

2. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Sponsor and their respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, including,  franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party.

3. IN NO EVENT SHALL SPONSOR OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, FRANCHISEES, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS MEANS THAT PARTICIPANT HEREBY WAIVES ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONSOR’S CUMULATIVE LIABILITY TO PARTICIPANT ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1,000. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

4. Sponsor and their respective officers, directors, employees, shareholders, agents, franchisees, successors assigns, and service providers, are not responsible for any products or services offered in the Rewards Catalog other than those manufactured by Sponsor. TO THE FULLEST EXTENT ALLOWABLE BY LAW,  SPONSOR SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

5. As a condition of participating in the Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Program or any item purchased therein shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Participant’s rights and obligations, or the rights and obligations of  Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of New York.

6. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rules, which will otherwise remain in full force and effect.

Sponsored by: Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park, NJ 07660. 

© 2017 Samsung Electronics America, Inc. Samsung, Galaxy, and Samsung Pay are registered trademarks of Samsung Electronics Co., Ltd.

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