PROMOTION TERMS & CONDITIONS SAMSUNG WINTER AIR CONDITIONER PROMOTION

Please read these Promotion terms and conditions (“Terms and Conditions”) carefully. Participation in this Promotion will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Promotion. Please refer to this website for the current Terms and Conditions for this Promotion: www.samsung.com/za/offer/

All participants during the term of this Promotion agree to be bound by the following terms and conditions:

1. Promotion:

    1.1. Samsung Winter Air Conditioner Promotion (“Promotion”). The promoter of the Promotion is Samsung Electronics South Africa (Proprietary) Limited, Registration number: 1994/003872/07 and/or its agencies ("Organizer"). 

2. Promotion Period:

    2.1. The Promotion will run from Wednesday 21^st April 2021 [00:00] to Sunday 11^th July 2021 [23:59] on selected Qualifying Products as set out in the table under clause 4.1.2 below. (“Promotion Period”).

    2.2. The duration of the Promotion may be amended, extended or curtailed at the discretion of the Organizer.

    2.3. Promotion is valid while stocks last.

3. Who may enter:

    3.1. All participants must:

        a. be citizens of the Republic of South Africa; and/or a legal residents of the aforesaid country; 

        b. must be currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period;

        c. must be a natural person and be at least 18 (eighteen) years old at the date of the commencement of the Promotion Period

4. How to qualify for the Promotion: 

    4.1. the participant must:

        4.1.1. Be a participant in terms of clause 3.1 above; and

        4.1.2. Purchase any of the following participating Samsung Air Conditioner products with the descriptions set out in the table below (“Qualifying Product”) from participating retail stores which are set out in clause 4.2 below:

* all prices listed above are only recommended resale prices. Retailers are free to vary the prices at which the Qualifying Product is sold at. Promotion available at participating retailers and stockists only.

    4.2 All purchases of the Qualifying Products must be made through only the following participating retail stores in the Republic of South Africa during the Promotion Period:

Samsung Brand Store; 

Hirsch Fourways Airconditioning; 

Samsungair.co.za; 

All participating Fourways Aircon authorised aircon installers; 

Tafelberg; 

Masons; 

Stax

5. Can I qualify more than once for the Offer:

    5.1. The Promotion is available on multiple purchases per participant, should there be any dispute in this regard, the Organizer shall be sole adjudicator of the dispute and the Organizer’s decision shall be final.

6. Offer:

    6.1. The Promotion will afford the participant to receive the Qualifying Products at the discounted prices as set out in the table under clause 4.1.2 above. (“Offer”).

    6.2. Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted.

    6.3. The Offer may differ from that shown on the promotional material and same shall be subject to availability.

    6.4. The above promotional Offer is available on a “while stocks last” basis and the promotor cannot be held accountable once the stock of the promotional Offer or Qualifying product has been depleted. 

    6.5. The promotional Offer is only available in stores where the product is listed

7. Limitation of Liability:

    7.1. To the extent permitted by Consumer Protection Act and any other applicable law:

        a. The participant and/or winner(s) hereby indemnifies the Organizer against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participants’ entrance to the Promotion.

        b. the Organizer excludes all warranties (express or implied), representations and liabilities regarding this Promotion (other than for death or personal injury caused by its negligence and/or fraud).

8. Redemption of Offer:

    8.1. The Participant will receive the Offer in the selected participating retail store upon purchase.

9. General:

    9.1. In accordance with the confidentiality policies and practices of the Organizer, none of the entry details of any participant in this Promotion will be disclosed or used by the Organizer for any purposes other than for entry into the Promotion and in accordance with clause 9.3 below. 

    9.2. Participants acknowledge and accept that the Organizer shall utilise a third party (the “Organizer’s authorized agent/s”) to contact the participant, in the event that the participant qualifies for the Promotion, and to arrange delivery of the Offer, where applicable. In order to affect the contacting and delivery process, the Organizer’s shall provide the participant’s information to such third party. 

    9.3. By participating in the Promotion, the participants agree that the Organizer and its affiliates may contact the participants via email and through social media platforms to deliver marketing communications regarding their products and promotional activities, provided that the Participants are given the opportunity to opt-out of receiving marketing communication at any time via the appropriate opt-out mechanisms provided by the Organizer for such purpose. The Organizer may also use the personal data collected from the participants as described in the Privacy Policy accessible at https://www.samsung.com/za/info/privacy/ and that such use may include transfers to the Organizer’s affiliates and third party service providers in any country. Details of participants will not be used by the Organizer for Samsung related communication should the participants opt-out to receive further communication from the Organizer.

    9.4. The Organizer may require the Participant to be identified and photographed. Photographs may be published in printed media, or the Participant may be required to appear on radio and television when accepting their Offer and/or after having received their Offer. The Participant will be given the opportunity to decline to the publication of their images and to participate in the Organizer’s marketing material in so far as it relates to the Promotion.

    9.5. Information regarding the Promotion that is published on authorized advertising material will also form part of the terms and conditions of the Promotion.

    9.6. The Organizer’s may in their sole discretion amend these terms and conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised terms and conditions on the Organizer’s website www.samsung.com/za/offer/. The onus rests on the participant to constantly check the website for updates to the terms and conditions.

    9.7. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Organizer, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organizer reserve the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.

    9.8. Save as permitted by Law, the Organizer reserves the right to cancel, suspend or terminate this Promotion, without notice at any time, and such cancellation, termination or termination shall be deemed to have taken effect from the date of publication on the Organizer’s website www.samsung.com/za/offer/. No liability shall lie against the Organizer in favor of any participant, Participant(s) and/ or third party arising from such cancellation, suspension or termination. Therefore the participant waives his/her right which they may have against the Organizer and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Organizer.

    9.9. This Promotion is governed by these terms and conditions, as well as those of the relevant authorized participating retail stores, associated with this Promotion.

    9.10. Any dispute or claim arising out of or in connection with the Promotion shall be governed by and construed in accordance with the laws of South Africa. 

    9.11. The Organizer accepts no liability or responsibility, whether occasioned by any circumstance not foreseeable and not within its reasonable control for late or delayed delivery of the Offer owing to, but not limited to, stock unavailability, strike, lock out, destruction of Offer on route by any means, any civil commotion or disorder, riot, threat of war, any action taken by governmental authority or public authority of any kind, fire, explosion, storm, flood, earth quake or other acts of God.

    9.12. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:

        a. It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible;

        b. It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

10. Consumer Protection Act:

    10.1. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.