My Galaxy 1000 Surprises Contest - Terms & Conditions
#1000Surprises is a Contest (hereinafter referred to as “Contest”) launched by Samsung India Electronics Private Limited (“Samsung”), which shall be valid throughout India except in the states where prohibited by law.
- The Contest will happen on Sundays only from 25th Feb'18 to 31st Mar'18 (referred to as “Contest Days”), and there shall be 1000 winners on each of the Contest Days who shall be selected based on the criteria given in the clauses hereunder.
The terms and conditions of the contest are as mentioned below:
General terms and conditions of the Contest:
- The Contest is valid for Indian Citizens, (except for state of Tamil Nadu or any other state where prohibited by law) who have attained the age of 18 years or above, except employees and family members of Samsung and its affiliate / associate / subsidiary companies and their suppliers, advertising agencies and event management companies (“Participant(s)”). Entries by person below age of 18 years shall be disqualified.
- Below chart shows the details for submission and winner selection dates:
Name of Contest
Winner Announcement Date
25th Feb'18 to 31st Mar'18
Within 7 working Days for each of the Contest Days. Eg. For 4th Mar'18 (Sunday) the winners will be announced on 13th Mar'18 (Tuesday).
The contest will be held on the My Galaxy app only. Participants must enroll if not already enrolled in the My Galaxy app, before participating in the campaign. He/She needs to click on the banner for 1000 surprises which can be seen on the My Galaxy home page. He/she needs to click on the 1000 surprises banner from where they shall be redirected to My Galaxy app to explore the My Galaxy app and be eligible for winning Prizes.
- Out of the total entries received, 1000 Winners will be shortlisted through an automated system (without any manual intervention) on a daily basis and the winners will be declared on the next preceding day as explained in the table above.
- The winners shall be announced by Samsung or its authorized third party agency and the winners shall be notified through a winner banner that will appear on their My Galaxy app
- Each winner shall be eligible to receive one surprise (hereinafter called as “Prize”) from Samsung
- Samsung shall share the Prize details with the Winners through the My Galaxy App to the registered number provided by the participant through My Galaxy App
- The redemption of the surprise (i.e. the gratification coupons) shall be subject to the terms and conditions of the respective partners and Samsung shall not be responsible for the same. The coupon can only be redeemed through the Samsung My Galaxy App and the Partner App depending upon the Partner T&C and not in the physical form except otherwise provided in the specific T&C of the respective coupon.
- In the event the Winner is not able to redeem the coupons within the stipulated time, the same shall stand forfeited and no claims shall be entertained in this regard.
- The Prizes shall be on “AS IS” basis and Samsung shall not be responsible for the same and no disputes shall be entertained in this regard. Further Samsung reserves its right to change the Prize with some other Product of equivalent value.
- Samsung further reserves the right to reject any entry by a Participant / winner which is either invalid, incomplete, is derogatory or the documents submitted by the winner prima facie appears to be false and fabricated.
- The Prize cannot be exchanged with any product or item, is non-transferable and cannot be en-cashed under any circumstances. The redemption of the Prize shall be through online mode only except otherwise provided in the specific T&C of the respective coupon. Accessories, if any shown with the Prize shall not form part of the Prize to be provided to the Winner. No other offers/contests can be clubbed with this Contest.
- Participation in the Contest implies that Participants agree to all Terms & Conditions of the Contest. Anybody found using any unfair means will be immediately disqualified.
- The participation in the Contest is voluntary. Participation in this Contest constitute acceptance of these terms and conditions. By participating in this Contest, Participant agrees to receive communication(s) from Samsung and/or its event management company relating to the Contest and Participant unconditionally agrees not to make any claim or raise any complaint against Samsung and/or its officers, directors, employees, subsidiary or any authorized third party agency in this respect.
- This Contest is in no way sponsored, endorsed or administered by, or associated with any social media platform. The Participant will be providing their information to Samsung and not to social media channels. By participating in the Contest, the Participant hereby consents to the accessing of information of the user on social media platforms of Samsung India or anywhere else by Samsung and/or authorized third party agency for the purpose of this Contest.
- Further, Samsung shall be at liberty to use the entries received for its media coverage, advertisement or publicity in any form which is existing today or will be known anytime in the future without any further consideration to the Participants including promotion of any products manufactured, distributed and/or supplied by it;
- Participant agrees that all/any entries appearing in with regard to the Contest, are their responsibility.
- The Prize(s) are provided by the respective Partners and Samsung reserves the right to substitute the Prize(s) under this Contest with Prizes of equivalent value, as provided to it by the respective Partners. Contest shall be void, if prohibited by law. In such case, Samsung shall not be liable to provide any gift(s)/ Prize(s) or compensation to the Winner on any account.
- No other contest can be clubbed with this Contest.
- Samsung is not responsible for the quality and fulfillment of the partner gratifications after delivering the gratification coupon to the winners
Representation and Warranties by Participant:
- Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. By taking part and/ or entering into the Contest the Participant warrants that all information provided by the Participant regarding its name, age, state, city, address, phone number, etc., is true, correct, accurate and complete and that the Participant is authorized to provide such information and consents to the use of such information by Samsung and/or its event management company.
- Participant represents and warrants that the entries shall not (i) violate the rights of any party including but not limited to the intellectual property rights; or (ii) contain anything which, if published, would adversely affect the reputation of Samsung.
- Participant agrees not to post entries which: (a) are harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, pornographic, pedophilic, invasive of another’s privacy, hateful, ethnically or otherwise objectionable, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (b) cause annoyance or inconvenience or deceive or mislead the Customer about the origin of such Content which is grossly offensive or menacing in nature; (c) belong to another person or entity (d) are adverse, offensive / derogatory reference to Corporations or Brands; (e) are adverse, offensive / derogatory reference to any personality, living or dead; (f) be adverse, offensive / derogatory reference to communities, living or extinct (g) be/have adverse, offensive / derogatory reference to any city, building, geographical feature, etc. that can be singularly / uniquely identified in the world (h) have adverse, offensive / derogatory reference to any gender (i) have adverse, offensive / derogatory reference to animals; (j) have adverse, offensive / derogatory reference to physical / racial attributes; (k) be lascivious or appeals to the prurient interest or the effect whereof is such as to tend to deprave or corrupt any person; (l) whose presentation, dissemination or disclosure whereof, infringes any patent, trademark or any intellectual property right or confidentiality obligation; (m) be declared by Samsung acting in its sole discretion, to be opposed to standards of morality or decency, or to be opposed to public policy or to Samsung’s internal code of conduct or other policies/guidelines adopted by Samsung. (n) shall be adverse, offensive / derogatory reference to any other companies, organizations, religious associations, political parties, governments (state and central), anyone’s private life, any other commercial and non-commercial entities; (o) shall be such which could give ground for action for defamation or misrepresentation or breach of confidence or breach of copyright or is otherwise offensive to the public; (p) such that communicates words, which incite terrorism, the misuse of weapon, or encourage or incite a person to commit criminal offence; (q) is such that suggest or encourage or incite any person to use harmful substance or engage to dangerous practices; (r) is such whose purpose either directly or indirectly is to promote the sales of goods or services shall bear an identification stating that the message or program is an advertisement and the content of the message or program is an advertisement.
- Participant agrees that Samsung shall have sole rights to information posted by Participant as regards the Contest.
- Participant agrees and consents that any and all information submitted by the Participant including but not limited to the submissions and personal information of the Participants may be required to be shared with other third parties engaged by Samsung, for the purposes of verifying and/or audit the authenticity of the entries received from the Participants. Further, the Participant hereby understands that such third parties may be located outside the jurisdiction of India and notwithstanding anything, each Participant consents to transfer of information (including any personal information) to any such locations.
- Participant gives Samsung the right to publish and broadcast anywhere in the world, for editorial, advertising, promotional, marketing and/or other purposes and in any media, Participant’s and/or Winner’s name, image, likeness and/or photograph (except where prohibited by law) without any further permission or consent or consideration in any form, including but not limited to, royalty.
- Participant agrees that Samsung shall not be liable for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession, or use of any Prize (except any liability which may not be excluded under applicable law). The Prize shall be on “AS IS” basis.
- Participant hereby agrees to indemnify and keep Samsung, its associated companies, its event management company and their respective directors, officers, employees, contractors and agents, indemnified against any and all losses, claims (including but not limited to third party claims), injuries, costs, fees, fines, penalties, taxes, charges and any other liability arising out of any act of omission, commission, fraud, negligence or misconduct by the Participant.
- Samsung shall not be responsible for system outages, delays, equipment malfunctions, errors or data loss of any kind, lost or unavailable connections, or failed, incomplete, garbled or deleted transmissions or other technological difficulties or any other force majeure event that may prevent a Participant from participating in the Contest. Further, Samsung will not be responsible or liable for: (a) any failure to receive submissions due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or entries or Prizes; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses or damages caused by events beyond the control of the Promoter; or (e) any printing or typographical errors in any materials associated with the Contest or (f) any delay, damage, non receipt, lost, misrouted Prizes.
- Samsung shall not be liable for delay in delivery of Prizes due to non-availability of stocks or for any other reason beyond its control.
- Samsung shall not be responsible for the slow internet connection or stoppage of bytes during the log-in session. It is the Participant´s sole discretion to use dial-up or broadband connection.
- Samsung has the right to cancel entries with incomplete information or illegal contents (statements of a racist, sexist or defamatory nature) or statements glorifying violence which could be construed as deriding or insulting or similarly offending specific individuals or groups.
- Samsung shall not be liable for any loss or damage due to Act of God, Governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
- Samsung reserves the absolute right to amend the terms and conditions of the Contest or extend the Contest Day or cancel or discontinue the Contest or any part thereof without giving any reasons or prior notice.
- Contest shall be void in any state where prohibited by law. In such case, Samsung shall not be liable to provide any free cash-back, gift(s) or compensation to the Participant on any account.
- Failure by Samsung to enforce any of its right at any stage does not constitute a waiver of those rights.
- Samsung accepts no responsibility of licensing and copyright issues of the uploaded and/or edited images. Should the Participant have questions about licensing issues and copyright, Participant must contact their appropriate local legal services forum for advice. Any postings of pictures by Participant, will be presumed by Samsung as consented by Participant or subject to fulfillment of any IPR related formalities by such Participant. Samsung shall always trust the same in good faith, unless any claim is made by any third party, for which the Participant hereby indemnifies Samsung India for all claims, costs, damages, risks and expenses.
- In no event shall Samsung be liable for losses or any incidental or consequential damages arising out of or in connection with the Contest, its services or this agreement (however arising, including negligence). Samsung shall not be responsible for any product or service liability of any kind.
- In the event of any conflict or inconsistency regarding any instructions, rules and conditions on any advertising or promotional material relating to the Contest, these Terms and Conditions shall prevail over all such other instructions, rules and conditions.
Intellectual Property Rights
- All rights, title and interest including but not limited to the Intellectual Property Rights in the promotional material(s) and any/all registrations received shall vest solely and exclusively with Samsung at all times and Samsung shall be entitled to use the database of the entries received or any information in any media for future promotional, marketing and publicity purpose without any further reference or payment or compensation to Participant. Participant shall be solely responsible for any consequences which may arise due to any kind of infringement of copyrights or any kind of intellectual property rights belonging to any other person/ entity etc. and also undertake to indemnify Samsung and its officers, directors, employees etc on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis.
- Decision of Samsung in relation to the Contest and matter incidental thereto shall be final and binding on the customer. All disputes shall be governed by the laws of India. These terms and conditions shall be governed by exclusive laws of India and the courts located at New Delhi shall have the exclusive jurisdiction in respect of all the subject matter with relation to the Contest.