SAMSUNG TERMS AND CONDITIONS FOR THE SAMSUNG GALAXY NOTE 10 OR NOTE10 + AND GALAXY GLAP GAMING CONTROLLER
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. 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:
Samsung Galaxy NOTE 10 OR NOTE 10+ AND GALAXY GLAP GAMING CONTROLLER Promotion (“Promotion”). The organizer 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 06 December 2019 (00h00) to the 31 January 2020 (23h59). (“The Promotion Period”) while stocks last, in the Republic of South Africa.
2.2 The Promotion Period may be extended or curtailed at the discretion of the Organizer.
3. Who may enter:
3.1 All Participants must:
(a) be citizens of the Republic of South Africa and/or legal residents of the aforesaid country;
(b) be currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period;
(c) be a natural person and be at least 18 (eighteen) years old at the date of the commencement of the Promotion Period;
(d) Have a valid upgrade or contract sign up, with a valid IMEI of a Galaxy NOTE10 OR NOTE10+ (“Qualifying Device”) during the promotion period purchased in the Republic of South Africa as set out in clause 4.1 below. Free Galaxy Glap Gaming Controller limited to selected MTN deals as detailed in clause in 4.1.
(e) Participation in this Promotion includes the Organizer, their directors, members, partners, employees, agents, consultants, any other person who directly or indirectly controls or is controlled by them or any supplier of goods and services in connection with the Promotion and their spouses, life partners, parents, children, siblings, business partners or associates.
4. How to qualify for the Promotion:
4.1. The Participant must:
a) Purchase and activate a GALAXY NOTE10 OR NOTE 10+ Smartphone at any of the following MTN sales channels: MTN BRC, MTN Online Shop and MTN Call Centre South African Stores
b) Sign up for either one of the following MTN packages: Note 10+ @ R999 Made For Me xs + Glap Gaming Controller or Note 10 @ R899 Made For Me xs + Glap Gaming Controller
c) The Promotion is limited to the first four thousand (4000) customers who purchase the Samsung Galaxy NOTE10 OR NOTE 10+ from any MTN sales channel that includes: MTN Branded Retail Channel, MTN Online Shop and MTN Call Centre, South African Stores
d) Have downloaded the Samsung Members application from the Google Play Store or Galaxy Store on the Qualifying Device and be a registered subscriber of the Samsung Members service managed by the Organiser;
e) No claims for the Offer will be accepted or processed for purchases made after the 31 January 2020.
f) Offer is strictly limited to the first four thousand (4000) customers, as per C above, as while stocks last.
4.2. Proof of purchase of the Qualifying Device may be required as part of the voucher claims process.
5. Can I qualify more than once for the Promotion:
5.1. The Promotion is limited to one entry per a Participant and one voucher per Qualifying Device purchased (identifiable by the unique IMEI number) and one Samsung account during the promotion period.
5.2. Should there be any dispute in this regard, the Organiser shall be sole adjudicator of the dispute and the Organiser’s decision shall be final.
6.1. The Promotion will afford the Participant the opportunity to receive one(x1) Galaxy Glap Gaming Controller through the Samsung Members application. The Participant needs to create a Samsung Members account, follow the prompts and complete the required form. Once information and claim has been verified the Participant will receive an e-mail notification confirming their submission and reference number. They will be contacted to arrange a suitable time and day for delivery of the value offer.
6.2. 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.
6.3. 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 has been depleted.
7. Limitation of Liability:
7.1. To the extent permitted by Consumer Protection Act No 68 of 2008 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).
(c) 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. 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 8.5 below.
8.2. 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 Organisers shall be sole adjudicator of the dispute and the Organisers decision shall be final.
8.3. The Samsung Members application is downloadable from Galaxy Store and Google Play Store.
8.4. Participants acknowledge and accept that the Organizer shall utilize a third party agent to contact the Participant to arrange delivery. In order to affect the contacting and delivery process, the Organizer shall provide the Participant’s information to such third party agent.
8.5. 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.
8.6. Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion.
8.7. 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 www.samsung.com/za/offer
8.8. The onus rests on the Participant to constantly check the website for updates to the Terms and Conditions.
8.9. The Organiser 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 Organiser's discretion. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.
8.10. 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 Organiser, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organiser reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Participant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.
8.11. Save as permitted by law, the Organiser 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 Organiser’s website www.samsung.com/za/offer liability shall lie against the Organiser 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 Organiser and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Organiser.
8.12. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
8.13. 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.
8.14. To the extent that these Terms and Conditions conflict with the terms and conditions of Samsung Members application, these Terms and Conditions will take precedence.
8.15. The Organiser 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 to winner 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.
8.16. 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.