Samsung Rewards Frame TV Program
Terms and Conditions
1. Eligibility: Samsung Rewards Frame TV Program (the "Offer") is open to Samsung Rewards members who are legal residents of the 50 United States, including D.C., who are at least eighteen (18) years old or older and qualify pursuant to these Terms and Conditions. Offer is void where prohibited or restricted by law. Eligible individuals are each, a “Participant,” collectively the “Participants” (and may also be referred to throughout these Terms and Conditions as “you” or “your”). Frame TV users that have already purchased an Art Store membership BEFORE April 15, 2019 are not eligible for this Offer.
2. Timing: Participation in this Offer begins on April 15, 2019. Sponsor reserves the right to modify or terminate this Offer, at its discretion at any time with or without notice.
3. How to Participate in Offer: Participants must take the following actions after April 15, 2019:
(a) Participants must own a Samsung Frame TV and it must be connected to the internet. Participants will need to agree to the Smart Hub Terms & Conditions available when connecting to your Frame TV.
(b) Follow the instructions within the Frame TV to purchase an Art Store membership (subject to the Art Store Terms & Conditions) and pay a monthly Art Store subscription fee of $4.99 or make a purchase of any item within the Art Store ($19.99/item), collectively a “Qualifying Art Store Purchase.” Participant must be logged into their Samsung Account and have already enrolled in the Samsung Rewards Program when you are using Samsung Checkout on the Frame TV to make one of the above purchases. If you have not yet joined the Samsung Rewards Program (subject to its Terms and Conditions), you can do so at no cost. Participant forfeits the ability to request Samsung Rewards Points later if Art Store purchase is made without using their Samsung Account email address or before enrolling in the Samsung Rewards program.
4. Reward Points: Samsung Rewards Points will be offered for Qualifying Art Store Purchases as follows:
(a) If Participant makes a Qualifying Art Store Purchase of a membership, Participant will receive the equivalent of 5% of their purchase each month in Rewards Points based upon the “Final Cost” (defined below) paid at check out each month. If Participant makes a Qualifying Art Store Purchase of single or multiple items, Participant will receive the equivalent of 2.5% of their purchase in Rewards Points based upon the Final Cost paid at check out.
(b) Final Cost is calculated after all discounts, including use coupons, promo codes and gift certificates have been redeemed and will not include shipping or taxes or other fees, if any.
(c) Samsung Rewards Points earned will be credited to Participant’s Rewards Account within approximately 45 days after the Qualifying Art Store Purchase and will receive a notification by email at confirming the number of Rewards Points earned for the Qualifying Art Store Purchase.
5. Samsung Rewards Program Terms & Conditions: The Terms and Conditions of the Samsung Rewards Program including those relating to Samsung Reward Point use, redemptions, expiration, Tier Status, and Point validation are incorporated herein by reference. Where a conflict between the Samsung Rewards Program Terms & Conditions and the Offer Terms and Conditions exists, the Offer Terms and Conditions will govern.
6. Sponsor: Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park, NJ 07660.
7. Participant's Personal Information: Information collected by Sponsor from Participants in this Offer is subject to Sponsor’s Privacy Policy.
8. Release: By receipt of the Rewards Points, Participant agrees to release and hold harmless Sponsor, and its 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 Rewards Points.
PARTICIPANTS FURTHER UNDERSTAND AND AGREE THAT IF PARTICIPANT IS A RESIDENT OF CALIFORNIA, ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA ARE HEREBY EXPRESSLY WAIVED. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE NOT A RESIDENT OF CALIFORNIA, YOU WAIVE ALL RIGHTS UNDER ANY LAW SIMILAR TO SECTION 1542 THAT MAY EXIST IN YOUR STATE OF RESIDENCE.
9. Disclaimer: Participant acknowledges that the Reward Points are provided by Sponsor on an “as is” basis with no warranty of any kind. SPONSOR DISCLAIMS ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
10. 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.
11. 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 Rewards Points or processing of Eligible Purchase 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 Rewards Points.
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.
12. Disputes: Except where prohibited, Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Offer or any Rewards Points awarded 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.
13. Participant's Personal Information: Information collected from participation is subject to the Samsung Pay Privacy Notice and the privacy policy associated with creating a Samsung Account: https://account.samsung.com/membership/pp.
© 2019 Samsung Electronics America, Inc. and Samsung are registered trademarks of Samsung is a trademark of Samsung Electronics Co., Ltd.
