Mastercard® Incentive Offer
Terms and Conditions
1. Eligibility: Mastercard® Incentive Offer (the "Offer") is open to individuals who are legal residents of the 50 United States including D.C., Puerto Rico & U.S. Virgin Islands, who are eighteen (18) years old or older. Offer is void where prohibited or restricted by law.
Additionally, to be eligible, individuals must
(a) own a qualifying Samsung Galaxy device (“Qualifying Devices”). Current list of Qualifying Devices are listed on www.samsung.com/us/support/owners/app/samsung-pay#compatibility;
(b) have activated and registered the Samsung Pay application (the “App”) on their Qualifying Device (see www.Samsung.com/pay for App version requirement);
(c) have a qualifying Mastercard® credit, debit or prepaid card that is compatible with the App and is eligible for this Offer (“Qualifying Card”). For a full list of Qualifying Cards, see: www.samsung.com/us/samsung-pay/compatible-cards/;
(d) have a mobile plan with a U.S. carrier that is compatible with the App for a Qualifying Device; and
(e) have a valid Samsung Account ID.
Eligible individuals are each, a “Participant”, collectively the “Participants”.
2. Timing: The Offer begins on October 1, 2018 at 5:00 p.m. Pacific Time (“PT”) and ends on the earlier of: November 1, 2018 at 5:00 p.m. PT or while supplies last (the "Offer Period"). Sponsor’s server is the official time-keeping device for the Offer.
3. How to Participate: During the Offer Period, Participants must enroll in this Offer by visiting the “Promotions” option within the App, and then selecting “Mastercard Incentive Offer.” Follow the links and instructions to confirm agreement to the Samsung Pay Privacy Notice and these Offer Terms and Conditions and to give permission to allow Sponsor to track the date, time and number of transactions made with a Qualifying Card through Samsung Pay.
During the Offer period, complete three (3) transactions on the App with a Qualifying Card on a Qualifying Device during the Offer Period, while supplies last* (“Qualifying Transaction”), to earn a $10 Groupon Gift Card.
Only one (1) Qualifying Transaction per five (5) minutes will count toward this Offer. If multiple transactions are made within five (5) minutes, only one (1) will count toward this Offer.
Participants failing to accept the Offer Terms and Samsung Pay Privacy Notice before completing a purchase will not receive a Groupon Gift Card. Any purchases made before enrolling in this Offer will not be considered Qualifying Transactions.
*You can confirm that Groupon Gift Cards are still available to be earned for this Offer at any time during the Offer Period by visiting the “Promotions” menu from the Samsung Pay App home page and then select “Mastercard Incentive Offer.”
4. Award of a Groupon Gift Card: If Participant completes three (3) Qualifying Transactions after having enrolled in this Offer, one (1) $10 Groupon Gift Card will be digitally added to Participant's Samsung Pay account. Groupon is not a sponsor of this promotion. Except as required by law, Groupon Gift Cards cannot be transferred for value or redeemed for cash. Groupon Gift Cards may be used only for purchases of eligible goods at Groupon.com or certain of its affiliated websites. Groupon Gift Card restrictions apply.
Limit: One (1) Groupon Gift Card per Qualifying Device and Samsung Account during the Promotion Period.
5. Sponsor: Samsung Electronics America, Inc., 3 Van de Graaff Drive, Burlington, MA 01803..
6. Release: By receipt of the Groupon Gift Card, Participant agrees to release and hold harmless Sponsor, Mastercard, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion, agents, and offer suppliers, and each of their respective parent companies and each such entity’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Offer or receipt or use or misuse of the Groupon Gift Card.
7. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Offer, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Offer, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Offer or to be acting in violation of these Terms and Conditions in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Offer 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 term of these Terms and Conditions shall not constitute a waiver of that provision.
8. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Offer; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the operation of the Offer; (4) technical or human error which may occur in the administration of processing the Groupon Gift Card or the processing of Qualifying Transactions of Participants; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Offer or receipt or use or misuse of any Groupon Gift Card.
IN NO EVENT SHALL RELEASED PARTIES 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 THE RELEASED PARTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONSOR’S AND THE RELEASED PARTIES’ 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.
9. Disputes: Except where prohibited, Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Offer shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in New York or an appropriate New York State Court. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participant and Released Parties in connection with the Offer, 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 the State of New York.
10. Participant's Personal Information: Information collected from participation is subject to the Samsung Pay Privacy Notice: http://www.samsung.com/us/support/answer/ANS00045961/997435235 and the privacy policy associated with creating a Samsung Account: https://account.samsung.com/membership/pp
© 2018 Samsung Electronics America, Inc. Samsung, Galaxy, and Samsung Pay are registered trademarks of Samsung Electronics Co., Ltd
Mastercard is a registered trademark of Mastercard International Incorporated.
