Gap Inc. Credit Card Incentive Offer
Terms and Conditions
1. Eligibility: Gap Inc. Credit Card 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, are eighteen (18) years old or older and qualify pursuant to these terms and conditions. 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 (please check www.Samsung.com/pay for App version requirement);
(c) have one of the following Gap Credit Cards: Gap Visa® Card, Banana Republic Visa® Card, Old Navy Visa® Card, Athleta Visa® Card, GapCard, Banana Republic Card, Old Navy Card, or AthletaCard ("Qualifying Card").
(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, 2017 at 12:00am Eastern Standard Time EST) and ends on December 31, 2017 at 11:59 p.m. Eastern Standard Time (EST) (the "Offer Period"). Sponsor’s server is the official time-keeping device for the Offer.
3. How to Earn a Gap Inc. Options Gift Card: During the Offer Period, Participants must enroll in this Offer by visiting the “Promotions” option within the App, and then selecting “Gap Inc. Credit Card 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 the credit processor to share with Sponsor the date, time and number of purchases made with a Qualifying Card through Samsung Pay.
Then, complete one (1) purchase transaction using the App with a Qualifying Card on a Qualifying Device (“Qualifying Purchase”) to receive one (1) Gap Inc. Options eGiftCard. Complete an additional two (2) Qualifying Purchases to receive one (1) additional Gap Inc. Options eGiftCard.
A Qualifying Purchase can be completed by using the App to authorize payment with a Qualifying Card. Only one (1) Qualifying Purchase per three (3) minutes will count toward this Offer. If multiple purchases are made within three (3) 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 transaction will not receive a Gap Inc. Options Gift Card. Any purchases made before enrolling in this Offer will not be considered Qualifying Purchase.
4. Award of a Gap Inc. Options Gift Card: If Participant completes one (1) Qualifying Purchase after having enrolled in this Offer, one (1) $10 Gap Inc. Options Gift Card will be digitally added to Participant's Samsung Pay account. If a Participant completes an additional two (2) Qualifying Purchases during the Offer Period, Participant will receive one (1) additional $10 Gap Inc. Options Gift Card fulfilled to Participant’s Samsung Pay account. Gap Options Gift Card is subject to its terms and conditions.
Limit: Up to two (2) Gap Inc. Options Gift Cards per Qualifying Device and Samsung Account.
5. Sponsor: Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park, NJ 07660.
6. Release: By receipt of the Gap Inc. Options Gift Card, Participant agrees to release and hold harmless Sponsor, Gap Inc., 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 Gap Inc. Options 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 he 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 Gap Options Gift Card or the processing of Qualified Purchases 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 Gap Options 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 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.
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 Sponsor’s Privacy Policy www.samsung.com/us/support/answer/ANS00045961/997435235 and to the Samsung Pay Privacy Notice: www.samsung.com/us/support/answer/ANS00045961/997435235.
© 2017 Samsung Electronics America, Inc. Samsung, Galaxy S, Galaxy Note and Samsung Pay are registered trademarks of Samsung Electronics Co., Ltd.
Abbreviated Disclosures for Advertising
** Subject to credit approval. Open to legal residents of the 50 United States including D.C., Puerto Rico & U.S. Virgin Islands who are 18+. Must enroll in promotion & then if you make one (1) Samsung Pay mobile wallet purchase with your Gap Inc. Credit Card between October 1, 2017 and December 31, 2017, you will earn a $10 Gap Inc. Options eGiftCard that will be loaded to your Samsung Pay mobile wallet. If you make two (2) additional (total of three [3]) Samsung Pay mobile wallet purchases with your Gap Inc. Credit Card between October 1, 2017 and December 31, 2017, you will earn an additional $10 Gap Inc. Options eGiftCard that will be loaded to your Samsung Pay mobile wallet. Offer valid while supplies last. Offer is non-transferable and not for resale. Terms and conditions for Gap Inc. eGiftCards available at https://gap.cashstar.com/about/terms_and_conditions/. eGiftCards will be fulfilled by Samsung Pay and sent to your Samsung Pay mobile wallet. Account must remain open, in good standing, and not become delinquent. See Terms [gap.syf.com/mobilewallet] for all details and requirements. Only one (1) Samsung Pay mobile wallet purchase per three (3) minutes will count toward this Offer. If multiple purchases are made within three (3) minutes, only one (1) will count toward this Offer