- TERMS AND CONDITIONS
TERMS AND CONDITIONS
Samsung Merdeka Win Your Dream Holiday Campaign
TERMS AND CONDITIONS
1. Introduction: Win a Trip campaign (“Campaign”) is organized by Samsung Malaysia Electronics (SME) Sdn Bhd (“Samsung”).
2. Campaign Period: The Campaign begins on 1 August 2019 at 12.30 p.m. (“Campaign Start Date”) and ends on 16 September 2019 at 12.59 p.m. (“Campaign End Date”), Malaysia Time. Samsung’s server is the official time-keeping device for this campaign. Samsung reserves the right to amend or extend the Campaign Period or any particular of this Campaign at any time as they deem fit without any prior notice.
3. Eligible Models: This Campaign is valid with the purchase of any of the following devices (“Samsung Product(s)”) from the Participating Partners (as defined below).
4. Eligibility. The Campaign is open to individuals who:
a. Purchase an eligible Samsung Product(s) from the Participating Partners during the Campaign Period.
b. Are citizens of Malaysia aged 18 years and above (as of Campaign Start Date 2019), except the employees of Samsung, their affiliates and/or related companies, distributors, retailers, advertising and promotion agencies. For individuals aged 13 years and above but have not yet attained 18 years of age (as of Campaign Start Date ), such individual’s parent/guardian warrants and agrees that the individual including his/her parent/guardian shall be irrevocably bound by these Terms and Conditions. All rules and regulations and instructions issued by Samsung from time to time will be deemed incorporated in these Terms and Conditions.
c. Are individuals who have successfully registered their personal details and submit proof of purchase within the Campaign Period through an online registration form at https://www.samsung.com/my/offer/mobile/win-your-dream-holiday/register(“Campaign Website”). If a participant purchases more than one (1) unit during the Campaign Period, participant is required to submit separate entries for each individual Serial number and/or IMEI number of the Samsung products purchased.
Employees or agents of Samsung or any of its group companies or their families or households or anyone connected to this Campaign are not eligible to enter.
5. Campaign Mechanics.
a. Participant to purchase any Eligible Models during the Campaign Period to be entitled for an entry.
b. Participant to answer one (1) question correctly, submit required and personal details as well as proof of purchase through online registration form at Campaign Website to participate.
c. Information submitted will be verified and if found to be incomplete, misleading or inaccurate, the entry will be deem invalid and the Participant will not be eligible for the Campaign and will be excluded from the selection pool.
(Hereinafter referred to as “Participant”)
6. By participating in the Campaign, each Participant agrees to be bound by these Terms and Conditions. All rules and regulations and instructions issued by Samsung from time to time will be deemed incorporated into these Terms and Conditions. Samsung reserves the right to amend the Terms and Conditions at any time, without prior notice.
7. Samsung reserves the right at its sole discretion to approve or reject any entries and/or details submitted to Samsung which are not legible and/or are fraudulent. For the avoidance of doubt, Samsung reserves the right, as it deems fit to determine if the supporting details are sufficiently legible or genuine.
8. A total of 70 Participants will be selected during the Campaign Period based on the following numbers allocated to the participating partners named below (“Participating Partners”):
9. Seventy (70) Participants will then be selected as Grand Prize winners during the Campaign Period (“Grand Prize Winners”), subject to compliance of the terms and conditions herein.
10. Grand Prize Winners will be drawn randomly by computer system based on the merit of the Participant entry(ies) submitted online. Results of the winners are subjected to Samsung’s sole discretion.
11. Prizes/ Collection Method
A Participant is eligible to win a maximum of only one (1) prize throughout the Campaign Period.
Details of the prize are as follows:-
Prize per Grand Prize Winner
Travelling voucher worth RM 10,000.
* subject to terms and conditions of travel agency company,
[Sedunia Travel Services Sdn Bhd] (“Travel Company”) as set out in Schedule A.
• Grand Prize Winners must redeem the travel voucher/make booking with Travel Company within the period from 15 October 2019] until 30 November 2019 (“Redemption Period”). Failure to redeem the trip and/or make booking within the Redemption Period will result in the trip being forfeited and/or become unavailable to the Grand Prize Winners.
• Samsung has no control over the arrangements of the trip(s) stated herein which include but not limited to the flights, activities, accommodations, and/or transportations and the said arrangements may be subject to change. Samsung accepts no responsibility for any change and/or cancellation of any of the said arrangements.
• The Grand Prize Winners are responsible, if applicable, for documents and additional costs and expenses needed for the trip(s) such as but not limited to passports, visas, permits, overweight luggage charges, change of flights, insurance, incidental charges (such as mini-bar, phone calls, bar bills, in-room movies or laundry expenses), and other items that are not expressly stated in these terms and conditions to be included in the trip(s). Samsung shall not be responsible for obtaining such documents on behalf of the Grand Prize Winners nor shall Samsung be liable to provide replacement or substitute prize(s) should the Grand Prize winners fail to obtain such documents and/or additional costs and expenses.
• Any and all bookings, arrangements, changes and/or complaints are to be made through the Travel Company via telephone at [+603-21443733] or email to [firstname.lastname@example.org].
• Once bookings of the trips have been confirmed, any changes and/or cancellations will be subject to cancellation penalty and/or agent amendment fee.
• Any cost of purchase exceeding the value of the travel voucher shall be borne by the Grand Prize Winner.
• All services are subject to change and/or replacement in the event the services are no longer in operation and/or have become unavailable.
• For any dispute in relation to the quality or warranty of the prizes, the Grand Prize Winner(s) shall resolve such dispute with the Travel Company without any recourse to Samsung.
• The Grand Prize Winner(s) shall also be bound by the terms and conditions of the Travel Company in relation to the prizes.
• Winners’ announcement list will be made on Samsung official website at https://www.samsung.com/my/offer/mobile/2019merdeka.
• Winners will receive notification email and/or phone call to inform on the winning qualification.
• No cash alternatives or refunds will be offered in lieu of the promotion entitlement.
• Travel voucher is not exchangeable for cash or in kind and cannot be upgraded.
• Travel voucher is subject to the terms and conditions set by Travel Company.
• Prize is not transferrable and non-cumulative and cannot be exchanged for cash or other products, and cannot be used in conjunction with other discounts, promotions, discounted items and fixed priced items, loyalty program unless specified.
• Samsung and/or Travel Company reserve the right to revise these terms and conditions without prior notice.
• Any prize not won or unclaimed after 30 November 2019 will be forfeited, it will thereafter deem to have lapsed unconditionally and irrevocably. The winner whose prize has been forfeited or unclaimed is not entitled to any payment or compensation from Samsung notwithstanding non-receipt of notification that he/she is a winner.
• For Grand Prize Winner who purchased selected device at Samsung Authorised Reseller, Participants are entitled to additional benefits, i.e. one unit of Galaxy Buds, and Galaxy Watch (42mm).
• By participating in this Campaign, Participants/ winners understand that they may be required to attend a prize presentation ceremony and/or other publicity programs as when requested by Samsung at the winner’s own cost and expense. Winner will be given reasonable advance notice by Samsung on the venue, date and time. If any of the winners fail to attend such ceremony and/or other publicity programs without valid reason(s), Samsung reserves the right to forfeit the prize(s) of such winners and select another winner.
GENERAL TERMS AND CONDITIONS
a) Samsung shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) and/or for personal injury which is suffered or sustained as a result of participating in the Campaign.
b) Samsung shall not be held responsible for lost deliveries or non-delivery of prize resulting from wrong information entered by winners.
c) By participating in this Campaign, each Participant is communicating with Samsung electronically. By doing so, each Participant agrees to receive communications from Samsung electronically. Samsung will communicate electronic mail at the electronic mail address provided by the Participant or posting notices in such manner specified herein. Each Participant consents to receiving electronically, all agreements, notices, disclosures and other communications that Samsung provides in relation to the campaign. Notwithstanding any provisions herein, each Participant acknowledges that Samsung have the discretion, but is not obliged, to contact the Participant via other reasonable means or mode of communication as they deem fit.
d) Each Participant agrees to take part in any and all marketing, promotional, publicity exercises with respect to this Campaign; agrees for Samsung to use his/her name, voice, photograph, likeness or other personal identifiable information in any media for the promotion and publicity of this Campaign and/or Samsung products: and grants Samsung all consents and waivers necessary hereunder, including in respect of any promotional photographs and/or audio/video recordings taken in respect of this Campaign. Each Participant agrees that Samsung shall be at liberty to publish, promote, copy, reproduce, transmit, display, edit, adapt, modify, create derivative works of and/or otherwise distribute or use his/her particulars (including any publicly available Facebook profile photo and details):
i. In connection with this campaign and/or Samsung products;
ii. For the promotion and publicity of this campaign and/or Samsung products;
iii. In any manner, format or media whether now known or hereinafter created, and in any part of the world, including without limitation on online platforms such as Facebook, YouTube, Twitter and Instagram; at Samsung’s sole discretion and royalty-free and without obligation of attribution or consent. Each Participant hereby irrevocably grants Samsung all consents and waivers necessary in connection with the above.
e) Participant will only be confirmed as winners after the verification of validity of each entry submitted. Samsung reserves the right to check the validity of any participation. Entries failing to comply with the Terms and Conditions herein will not be accepted. Samsung reserves the right to disqualify any Participant suspected of fraud, or if Samsung believes that the Participant’s entry and/or results has been manipulated in any way by machines or computers.
f) Samsung reserves the right to change or substitute the prizes to other prizes of a comparable or other value if deemed fit. Prizes are given out on “as is” basis. Prizes are not exchangeable for cash or other goods, whether in part of full. All prize images are for reference only. Prizes shown and/or represented for the running of this Campaign shall be subjected to availability and does not include any optional accessories.
g) In the event of any dispute arising from this Campaign or relating to the interpretation of these Terms and Conditions, the decision of Samsung on all matters pertaining to this contest shall be final and binding on all parties. No correspondence or further claims shall be entertained.
h) If this Campaign is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond Samsung’s control, Samsung reserves the right in its sole discretion, to the fullest extent permitted by law:
i. To disqualify any Participant; or
ii. To modify, suspend, terminate or cancel this campaign, as appropriate.
i) Samsung makes no guarantee of the availability of Samsung’s application or its web services and will not be held responsible for any interruption of service that may interfere with the ability to participate in this contest.
j) Samsung does not undertake any responsibility or obligation to ensure that any prize will be delivered to any prize winner. To the fullest extent permissible under applicable law, Samsung disclaims all warranties and representations of any of any kind, express or implied, including any representation that any prize shall be delivered or transferred to the winner(s). Except for any liability that cannot be excluded by the law, Samsung (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of this contest, including but not limited to, where arising out of the following:
i. Any technical difficulties or equipment malfunction (whether or not under Samsung’s control);
ii. Any theft, unauthorized access or third party interference;
iii. Any 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 these Terms & Conditions;
v. Any tax liability incurred by a Participant; or
vi. Use or claim of the prize(s).
l) Samsung may use a third party service to process Participants’ personal information. All such third parties are contractually obliged, not to use the Participants’ personal information in any other than way that stated herein.
m) 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 these Terms and Conditions and/or arising out of or in connection with this contest.
n) Except where expressly provided herein, each Participant shall bear his/her own costs and expenses incurred and/or arising from his/her participation in this Campaign, and no reimbursement may be sought from Samsung and/or the sponsors.
o) The colors of the prizes (if applicable) are pre-selected by Samsung and Samsung is entitled to change the specification and color of the prizes without prior notice.
p) The Prizes are offered and/or provided solely by the Travel Company, under such terms and conditions as determined by such Travel Company and Samsung accepts no liability (including without limitation, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party including third party) howsoever arising whether in contract, tort, negligence or otherwise in connection with the prizes, even if Samsung has been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
q) Each Participant shall not, without the prior written approval of Samsung, speak to the press or any other media, or give any interviews or comments relating to this Campaign
r) Samsung reserves the right to use any personal data of Participant in any manner as mentioned above and/or for any purpose they deem fit for the purposes of this contest and the Participants are deemed to consent to such use with no monetary payment.
s) The decision of Samsung in relation to every aspect of this Campaign, including but not limited to the Participant s shall be deemed final and conclusive under any circumstances and no appeal or complaint from any Participant s will be entertained.
t) Samsung reserves the absolute right to cancel, terminate or suspend the campaign with or without any prior notice and/or assigning any reason. For the avoidance of doubt, cancellation, termination or suspension by Samsung shall not entitle the Participant s to any claim or compensation against Samsung for any and/or all losses or damages suffered or incurred as a direct or indirect result of the act of cancellation, termination or suspension.
u) These Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia, and each Participant irrevocable submits to the non-exclusive jurisdiction of the courts of Malaysia.
TRAVEL COMPANY’S TERMS AND CONDITIONS
• Travel voucher can be used to redeem for any trips / tour packages offered by Travel Company.
• Travelling packages that, is subject to SST and is payable by the recipient of the services where relevant.
• Travel voucher valid for redemption for air ticket (Both international and domestic) on any airline and hotel booking (Both international and domestic).
• Only original copy of travel voucher issued duly stamped and signed by Travel Company can be utilized for exchange.
• Travel voucher cannot be exchanged for physical cash.
• Confirmation is subject to the flight and room availability and other terms & conditions apply.
• No cancellation on tour reservation after redemption of the travel voucher and charges will apply, based on Travel Company’s Terms &Conditions.
• Should the tour package booked require a change of Airline or a change in Hotel (s) due to non-availabilities change of schedules, discontinuation of service or any other reasons, travel voucher bearer is required to pay the tour fare difference.
• No refunds can be made in respect of meals, sightseeing and tours, accommodation or any other services which are included in the tour price but not utilized by the tour member.
• It is the responsibility of the travel voucher bearer to ensure that his /her passport has at least 6 months’ validity upon returning to Malaysia and that relevant entry visa (s) have been applied for and obtained prior to the date of departure.
• Travel voucher is non- transferable, and non– refundable (inclusive of unutilized value).
* Subject to full terms and conditions of Travel Company.