TV TRADE IN AND TRADE UP
TERMS AND CONDITIONS
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE 18 YEARS OF AGE OR OLDER. VOID IN OTHER UNITED STATES TERRITORIES AND POSSESSIONS, AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.
Samsung reserves the right to substitute, change, cancel or add to any part of these PROMOTION Terms at any time IN OUR SOLE DISCRETION, including terminating the Promotion. the promotion period is subject to change at Sponsor’s sole discretion
1. ELIGIBILITY: The Samsung TV Trade-In and Trade-Up Promotion (the “Promotion”) is open to legal residents of the fifty (50) United States and the District of Columbia, (the “Territory”) who are at least 18 years old. To participate, you must have a Samsung Account. Opening an account is free, but subject to terms and conditions (http://support-us.samsung.com/mysamsung/v2/popup/terms.html). Void outside of the Territory and where prohibited or restricted by law. Individuals who participate in this Promotion are collectively referred to herein as “Participants,” “you” and “your.” Sponsor reserves the right to request Participants to provide verification of identity and eligibility. Participation constitutes a Participant’s full and unconditional agreement to these Promotion Terms and Sponsor’s decisions, which are within Sponsor’s complete discretion, are final and binding in all matters related to the Promotion.
2. PROMOTION ITEM DETAILS: Between 08/4/2019 12 a.m. Eastern Standard Time ("ET") and 08/17/2019 11:59 p.m. ET, or while supplies last, whichever is earlier (the “Purchase Period”), Participants who complete all steps in Section 4 below (including both the Qualifying Trade-In and the Qualifying Purchase) will receive a trade-in credit (the “Promotional Trade-In Credit”) from Sponsor to use toward the purchase price of their Qualifying Purchase on Samsung.com or through the Shop Samsung App. The value of the Promotional Trade-In Credit will be set forth on Samsung.com when you add the Promotion to your cart. The Promotional Trade-In Credit is entirely subject to receipt by Sponsor of your Trade-In TV as provided in these Promotional Terms. Your old Trade-In TV must be ready for pick up at the time of delivery of your new Qualifying Purchase. If there is no TV to pick up at the time of delivery, you will be charged the full amount of the Promotional Trade-In Credit that you received (either $50, $75, $100, $150, $200, $300 or $500, as applicable), either to the same credit card or other payment method you used to purchase your new Qualifying Purchase or to your Samsung Financing account, if you financed the Qualifying Purchase through such account. See Sections 3 and 4 below for further details. This Promotion is only available for Qualifying Purchases made online directly from Samsung via Samsung’s website at www.samsung.com or on the Shop Samsung App. Participants must pay all applicable taxes and shipping and other fees on the Qualifying Purchase. Such taxes and fees are all due at the time of sale.
3. HOW TO PARTICIPATE: During the Promotion Period, a Participant must complete the following steps A through C:
A. In the same transaction, on Samsung.com or on the Shop Samsung App only:
i. Select one of the following television models to purchase: QN55Q900RBFXZA, QN65Q900RBFXZA, QN75Q900RBFXZA, QN82Q900RBFXZA, QN65Q90RAFXZA, QN75Q90RAFXZA, QN82Q90RAFXZA, QN55Q80RAFXZA, QN65Q80RAFXZA, QN75Q80RAFXZA, QN82Q80RAFXZA, QN49Q70RAFXZA, QN55Q70RAFXZA, QN65Q70RAFXZA, QN75Q70RAFXZA, QN82Q70RAFXZA, QN85Q70RAFXZA, QN49LS03RAFXZA, QN55LS03RAFXZA, and QN65LS03RAFXZA only, subject at all times to availability ("Qualifying Purchase").
ii. Select that you want to trade in your current TV for credit and select the model of your current TV;
iii. Review your cart to ensure that the Promotional Trade-In Credit for your Qualifying Trade-In is deducted from the purchase price of the Qualifying Purchase (if it is not, please go back and ensure that the Qualifying Trade-In is included in your cart along with the Qualifying Purchase);
iv. Enter your valid payment information and complete your order; and
v. Sign into TV Trade-In Program using Samsung Account and complete all required information and forms. You must own the TV that you are trading in (any brand, any size). If you do not have a Samsung Account, visit www.Samsung.com and follow the links and instructions to create an account;
B. When you complete your order, Samsung will ship your new Qualifying Purchase to you.
C. When your new Qualifying Purchase is delivered to you, Samsung will also pick up your Qualifying Trade-In TV. Your old Trade-In TV must be ready for pick up at the time of delivery of your new Qualifying Purchase. If there is no TV to pick up at the time of delivery, you will be charged the full amount of the Promotional Trade-In Credit that you received (either $500, $300, $200, $150, $100, $75 or $50, as applicable). By giving the TV to Samsung, you agree to transfer title and ownership of the TV to Samsung. You disclaim any and all right, title or interest in and to the Qualifying Trade-In TV, including the right to sell, dispose, or otherwise collect, where applicable, the its value. You should give only the Qualifying Trade-In TV to Samsung. Discard accessories you no longer need in accordance with your local trash and recycling regulations. No trade in value is offered on anything other than your Qualifying Trade-In TV itself. You must remove all data, including all confidential and personal data, from your Qualifying Trade-In TV before returning it to Samsung. To do so, you should return the TV to its factory settings. It is your sole responsibility to back-up any files or data from your Qualifying Trade-In TV that you wish to retain prior to performing a factory data reset and before trading in your Qualifying Trade-In TV. Samsung does not accept any responsibility or liability for any lost files or data or disclosure of private information that has not been removed from your Qualifying Trade-In TV prior to return. Refer to the user manual or support page on Samsung’s website for how to do a factory reset on your Qualifying Trade-In TV. In addition, make sure that you remove all accessories (such as cables and wires) before Samsung picks up the TV. Any such items sent with your Qualifying Trade-In TV will not be returned.
The Qualifying Trade-In TV and the Qualifying Purchase can only be used to participate in one (1) Samsung offer or promotion. You may trade in only one (1) Qualifying Trade-In TV under this Promotion for each Qualifying Purchase.
4. Additional Charges May Apply: If you do not have your Qualifying Trade-In TV available for pick up by Samsung when Samsung delivers your new Qualifying Purchase, then Samsung will charge you for the full amount of the Promotional Trade-In Credit that was applied to the purchase of the Qualifying Purchase (“No Trade-In Charge”). You agree to pay the No Trade-In Charge if any such charge applies. If applicable, you authorize Samsung to charge the No Trade-In Charge to the same credit card or other payment method you used to purchase your new Qualifying Purchase or to your Samsung Financing account, if you financed the Qualifying Purchase through such account. If you do not have sufficient credit available, Samsung will notify you and you must provide an alternative payment method.
5. Your Trade-In TV Cannot Be Returned to You: Samsung cannot return your Qualifying Trade-In TV to you, even if you return your new Qualifying Purchase within the applicable return period.
6. Other Important Terms:
• The Promotion is offered and administered by Samsung.
• The Promotion is only available to individuals who will use their Qualifying Purchase for personal, household, or family uses.
• You must be at least eighteen (18) years old to participate in the Promotion.
• If you bought your Qualifying Trade-In TV using an installment payment plan, lease, or other financing plan offered by Samsung or by a third party (such as your wireless service provider) you are responsible for any and all remaining payments under such installment payment plan, lease, or other financing plan.
• The Promotion cannot be combined with any other promotions, discounts, or offers.
• If any provision (or part of any provision) of these Terms is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
• We reserve the right to decline or cancel your participation in the Promotion, with or without advance notice, if we believe that your participation is enabling a fraudulent or illegal purpose or a purpose in violation of these Promotional Terms.
• Neither Promotion eligibility nor the Promotional Trade-In Credit may be resold or otherwise transferred to any other person or entity.
• For avoidance of doubt, you will not be refunded or otherwise receive any credit for the $500, $300, $200, $150, $100, $75 or $50 as applicable trade-in value if you return your Qualifying Purchase.
7. LIMITATIONS OF LIABILITY: Officers, directors, agents and employees of the Sponsor, and each of its respective parent companies, subsidiaries, franchisees, affiliated entities, and each of their respective advertising, promotion and web design agencies, independent contractors (all such individuals and entities collectively referred to herein as "Promotion Entities") are not responsible for: (i) interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected registrations or orders, or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Promotion; (ii) illegible, unintelligible, postage due, misdirected, delayed, undelivered, damaged, late Qualifying Trade-Ins, Samsung Galaxy devices or incorrect or inaccurate registration or order information, whether caused by Internet users or programming associated with or utilized in the Promotion or by any technical or human errors that may occur in the administration of the Promotion; or (iii) for any typographical errors in any Promotion-related materials. All registrations and all elements thereof will become the property of Sponsor and will not be acknowledged or returned. If in the judgment of Sponsor, the Promotion is compromised by viruses, bugs, non-authorized human intervention or other causes, which in Sponsor’s judgment, may corrupt the administration, security, or fairness of the Promotion, Sponsor reserves the right, in its sole discretion, to modify, discontinue, suspend or terminate the Promotion. PROMOTION ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT REGARDING THE PROMOTION.
8. RELEASE: Promotion Entities expressly disclaim any responsibility, and each agrees to hold Promotion Entities harmless from all liability for any costs, claims, damages or any other injury (whether due to negligence or otherwise), disability or loss to any person or property (including, without limitation, death or violation of any personal rights such as right of publicity/privacy, libel or slander) due in whole or in part, directly or indirectly, to participation in the Promotion, the delivery and/or subsequent acceptance of, use or misuse of any Galaxy device, or any Promotion related activity. Promotion Entities are not responsible for any loss (financial or otherwise), liability, injury (including death) or damage to persons or property, which may be caused directly or indirectly, in whole or in part, by the Activation of, use or misuse of any Promotion related product, or Galaxy device. Promotion Entities further assume no liability either for the cancellation, modification or premature conclusion of the Promotion for any reason, including but not limited to, through the acts or defaults of any company or person providing any Promotion or due to weather, fire, strike, acts of war or terrorism, or any other condition beyond its control.
9. DISPUTE RESOLUTION: EACH OFFER IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("AAA RULES"). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NEW YORK, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR OFFER ENTITY AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURED OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the AAA Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
‡ From 6/10/18 12 a.m. ET to 08/17/2018, on Samsung.com or the Shop Samsung App, receive $200, $100, $75 or $50 in trade-in credit toward the purchase of a new eligible Samsung television, select models only, when you trade in a television that you currently own (any brand, any size). Your trade-in TV must be available for pick up at the same time and location when and where your new TV is delivered. The promotional trade-in credit is entirely subject to pick up and receipt by Samsung of your eligible trade-in device. If your trade-in TV is not available for pick up when your new TV is delivered, you agree to pay Samsung back for the full value of the promotional trade-in credit that you received at the time of purchase. You authorize such charge to be made on the same payment method used to pay for the new TV. No traded-in device will be returned to you under any circumstances. Limit of one (1) promotional trade-in credit per traded-in television. Promotion may be modified or cancelled at any time. If you return your Qualifying Purchase, you will not be refunded or otherwise receive any other credit or value for the promotional trade-in credit. Taxes and fees apply. Void where prohibited or restricted by law. Full terms apply .