Terms and Conditions

Terms & Conditions

Samsung Galaxy Black Friday MTN Promotion

Please read this 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, any participation inconsistent with these Terms and Condition shall be invalid. Please refer to this website for the current Terms and Conditions for this Promotion: https://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 Galaxy Black Friday Promotion on Samsung Galaxy S8+ and Samsung Galaxy Note 9, respectively (“Promotion”);
1.2. 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 23rd November 2018 (00h00) to 26th November 2018 (23h59) (“the Promotion Period”).
2.2. The Promotion is limited and only available to Devices purchased at MTN Branded Retail Channel (BRC) South African Stores.
2.3. The duration of the Promotion may be extended or curtailed at the discretion of the Organizer.
2.4. Promotion is valid while stock lasts.

3. Who may enter:
3.1. All participants must be:
3.1.1. citizens of the Republic of South Africa and/or a legal resident of the aforesaid country;
3.1.2. currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period;
3.1.3. a natural person and be at least 18 (eighteen) years old at the date of the commencement of the Promotion Period;
3.1.4. in the possession of a valid identity document at the time of redemption of the Offer.
3.1.5. a holder of a valid South African TV license.

4. How to qualify for the Promotion:
4.1. the participant must:
4.1.1. be a participant as set out in 3.1 above;
4.1.2. have purchased, in his/her names, a qualifying Samsung Galaxy S8+ (SMG955) or Samsung Galaxy Note 9 (SM-N960) (“Device” or “Devices”) at any MTN Branded Retail Channel (BRC) South African Stores, for either cash or on contract;
4.1.3. retain a proof of purchase of the Devices to redeem the Offer;
4.1.4. have purchased the Device during the Promotion Period;
4.1.5. have downloaded the Samsung Members Application from the Samsung Galaxy Store on the Devices and be a registered subscriber of the Samsung Members Application managed by the Organizer;
4.2. No claims for the Offer will be accepted or processed after 30th November 2018.
4.3. Proof of purchase may be required as part of the redemption process.

5. Can I qualify more than once for the Promotion:
5.1. The Promotion is limited to the Redemption of:
5.1.1. One Samsung 32” TV (Valued at R2, 599.00) subsequent to a participant purchasing a Samsung S8+ (Valued at R17, 549.00); and/or
5.1.2. One 24” Samsung Curved Monitor (Valued at R2999.00) subsequent to a participant purchasing a Samsung Galaxy Note 9 (Valued at R20, 329.00).
5.2. Redemption in accordance with clause 5.1 is subject to these Terms and Conditions;
5.3. Should there be any dispute in this regard, the Organizer shall be the sole adjudicator of the dispute and the Organizer’s decision shall be final.

6. Offer and Redemption:
6.1. The Promotion will afford the participant the opportunity to redeem the “Offer”, while stock lasts, which Offer shall be:
6.1.1. a Samsung 32” TV (UA32J4003BRXXA); and/ or
6.1.2. a Samsung 24” Curved Monitor (LC24F390FHAXXA),.
6.2. Redemption of the Offer:
6.2.1. a participant who purchased a Samsung Galaxy Note 9, must redeem the Samsung 24” Curved Monitor (LC24F390FHAXXA) through the Samsung Members Application between 23rd November 2018 and 30th November 2018 (“Redemption Period”);
6.2.2. a participant who purchased a Samsung Galaxy S8+, must redeem the Samsung 32” TV (UA32J4003BRXXA) through the Samsung Members Application between 23rd November 2018 and 30th November 2018 (“Redemption Period”);
6.2.3. a participant who purchased both Devices, must redeem the Offer in accordance with clause 6.1.1 and 6.2.2 respectively.
6.2.4. participants must complete and submit, on the Samsung Members Application, the “Samsung and MTN Black Friday Promotion” online application form on or before the 30th November 2018 .
6.3. The Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted.
6.4. The Offer may differ from that shown on the promotional material with regard to colour and specs and same shall be subject to availability and in the Organizer’s sole discretion to select same.

7. Terms of Delivery:
7.1. Delivery of the Offer will occur within 4 (four) weeks of receipt of confirmation of the participants delivery details that have been supplied by the participant through the Samsung Members Application.
7.2. Should the participant fail to supply valid delivery details upon redemption of the Offer through the Samsung Members Application, the Offer will be forfeited.
7.3. Delivery of the Offer will occur by way of courier and the Organizer does not accept any responsibility for late arrivals.
7.4. In the event that the participant is unreachable or fails to claim the Offer after 2 (two) attempts to deliver over a period of 10 (ten) working days, the Offer shall be forfeited.
7.5. The participant may need to present a valid identity document at the time of delivery of the Offer.
7.6. Deliveries will only be made within the borders of the Republic of South Africa.
7.7. Deliveries will occur from Monday to Friday during regular office hours (08h00 to 17h00) and no deliveries will be made on public holidays or over the weekends.

8. Limitation of Liability:
8.1. To the extent permitted by Consumer Protection Act and any other applicable law:
8.1.1. 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.
8.1.2. 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).
8.1.3. all personal information exchanged with the usage of 3rd party applications will not be monitored or controlled by the Organizer. The participant bares the responsibility to ensure that it is aware of the terms and conditions applicable to usage of 3rd party applications. The participant understands and agrees to indemnify the Organizer from all liability arising from whatsoever nature
8.1.4. Data charges may be incurred for downloading and utilizing the Samsung Members Application.
8.1.5. Network rates apply.

9. General:
9.1. The participant is bound by the Samsung Members Application terms and conditions, where more specifically, only one account per Device is permitted to be registered for use of the Samsung Members Application. Should there be any dispute in this regard, the Organizer shall be sole adjudicator of the dispute and the Organizers decision shall be final.
9.2. 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.
9.3. Participants acknowledge and accept that the Organizer shall utilise a third party agent to contact the participant to arrange delivery of the Offer. In order to affect the contacting and delivery process, the Organizer shall provide the participant’s information to such third party agent.
9.4. 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.
9.5. 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 may in its 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 https://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. The Organizer reserves the right, at any time, to verify the validity of participants (including a participant’s identity, age and place of residence) and to reject any participant who has not agreed to these Terms and Conditions. Errors and omission may be accepted at the Organizer's discretion. Failure by the Organizer to enforce any of its rights at any stage does not constitute a waiver of those rights.
9.8. 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.
9.9. 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, cancellation or termination shall be deemed to have taken effect from the date of publication on the Organizer’s website https://www.samsung.com/za/offer/. No liability shall lie against the Organizer in favor of any participant, winner(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.
9.10. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
9.11. 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.
9.12. To the extent that these Terms and Conditions conflict with the terms and conditions of Samsung Rewards Application or of Samsung Members Application, these Terms and Conditions will take precedence.
9.13. 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, but not limited to, stock unavailability, strike, lock out, destruction of the 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.
9.14. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
9.14.1. 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;
9.14.2. 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, 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.