4.1.3.     have purchased a Qualifying Product from the following Participating Retail Stores in South Africa (“Participating Retailers”):

4.2.      This Promotion only applies the Qualifying Product purchased from the Participating Retailers set out in clause 4.1.3 above.

 

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

 

5.1.      For each purchase of the Qualifying Product made by the participant during the Promotion Period, the participant shall qualify once for the Offer.

5.2.      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 who purchases any of the Qualifying Product from any of the Participating Retailer during the Promotion Period, an opportunity to receive the following:

6.1.1.   A Unilever cleaning bundle, which will include: 3 x 750ml Handy Andy floor and all-purpose cleaner (one of each variant); 1 x 750ml Handy Andy cream; 1 x 750ml Domestos bleach (“Offer”)

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

6.3        The above promotional Offer is available on a first come first serve and “while stocks last” basis and the Organizer cannot be held accountable once the stock of the promotional Offer has been depleted.

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 and absolute discretion to select same.

 

7.          Redemption of Offer:

 

7.1.      In-Store purchase:

7.1.1.  The participant will receive the Offer in-store upon purchase of the Qualifying Product.

7.2.      Samsung Online Store purchase:

7.2.1.  Once the order in respect of the Qualifying Product has been processed and payment has been successfully made, the Offer will be sent to the participant post purchase (separately from the Qualifying Product delivery).

7.2.2.  The Offer will be sent to the participant within two weeks of purchasing the Qualifying Product.

7.3.      No claims for the Offer in respect of the Qualifying Product will be accepted or processed after the Promotion Period.

7.4.      Participants who encounter any technical issues when redeeming the Offer, must contact the Organizer for assistance by telephone at the following number +27 (0) 860 726 7864.

7.5.      Errors and omissions may be accepted at the Organizer's sole discretion. Failure by the Organizer to enforce any of its rights at any stage does not constitute a waiver of those rights.

7.6.      Sales representatives employed at participating stores may not claim the Offer on behalf of a purchasing participant. Participants must redeem the Offer on their own behalf.

 

8.       Returns Policy:

 

8.1        Any participant who returns their purchased Qualifying Product during the Promotion Period forfeits their Offer.

8.2        In the event that a participant returns and/or exchanges their purchased Qualifying Product and has already redeemed the Offer, the Organizer reserves the right to claim back the value of the Offer from the participant.

 

9.       Limitation of Liability:

 

9.1.      To the extent permitted by Consumer Protection Act, no.68 of 2008 (“Consumer Protection Act”) and any other applicable law:

9.2.      The participant(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 participant’s entrance to the Promotion.

9.3.      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).

9.4.      Save as clearly set out in the promotion specific marketing, the participant acknowledges that no warranties (express or implied) or representations have been made by the Organizer in relation to the Promotion and no liability shall arise against the Organizer as a result of any alleged breach of warranty or misrepresentation.

9.5.      Prices indicated on Promotion and/or promotional specific marketing are subject to change at any time but changes will not affect orders in respect of products for which we have already sent you an order confirmation. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error, we do not have to provide the products to you at the incorrect (lower) price.

9.6.      The Organizer makes no warranty that the Samsung Online Store and the Samsung website will meet your requirements or will be uninterrupted, timely or error-free or that the Samsung Online Store and Samsung website or the server(s) that makes them available are free of viruses, errors, faults or bugs.

 

10.        General:

 

10.1.    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 10.3 below.

10.2.    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 shall provide the participant’s information to such third party.

10.3.    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 www.samsung.com 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.

10.4.    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.

10.5.    Information regarding the Promotion that is published on authorised advertising material will also form part of the terms and conditions of the Promotion. In the event, however, of any conflict between the advertising material and these Terms and Conditions, these Terms and Conditions will prevail.

10.6.    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 http://www.samsung.com/za/offer/. The onus rests on the participant to constantly check the website for updates to the terms and conditions.

10.7.    The Organizers reserve 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.

10.8.    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.

10.9.     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, suspension or termination shall be deemed to have taken effect from the date of publication on the Organizer’s website http://www.samsung.com/za/offer.

10.10.  No liability shall lie against the Organizer in favor of any participant, 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.

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

10.12.  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.

10.13.  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 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.

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

10.14.1.  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;

10.14.2.  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.

 

11.        Consumer Protection Act:

 

11.1.  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.