TERMS AND CONDITIONS FOR
SAMSUNG GALAXY Z FOLD3 | Z FLIP3 5G SAMSUNG AND MTN SA LAUNCH OFFER
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. This Promotion is only available while Stock lasts. 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 Z Fold3 & Z Flip3 5G and MTN SA Launch offer (“Promotion”).
1.2. The promoter of the Promotion is Samsung Electronics South Africa (Proprietary) Limited, Registration number: 1994/003872/07 and/or its agencies ("Organiser").
2. Promotion Period:
2.1. The Promotion will run from 1st October 2021 [00:00] to 31 October 2021 [23h59] (“the Promotion Period”).
3. Redemption:
3.1. All participants will have from the 1st of October 2021 (00h00) to 14 November 2021 (23h59) redeem the Offer from the WhatsApp line (078 912 5759) (“Redemption Period”) and/or while stocks last.
3.2. The Promotion is only limited to qualifying participants who purchase/upgrade to the Qualifying Device (Samsung Galaxy Z-Flip3 and/or Z Fold3 5G) on the MTN online store or MTN store.
3.3. The Promotion Period may be extended or curtailed at the discretion of the Organiser.
4. Who may enter:
4.1. All participants must be citizens of the Republic of South Africa and/or legal residents of the aforesaid country;
4.2. be currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period;
4.3. be a natural person and be at least eighteen (18) years old at the date of the commencement of the Promotion Period;
4.4. be in the possession of a valid South African identity.
4.5. have made a valid purchase of a Samsung Galaxy Z-Flip3 and/or Z Fold3 5G, with a valid IMEI number, purchased within the Republic of South Africa from an MTN store or MTN online store during the Promotion Period.
4.6. be in the possession of a valid Proof of Purchase with verifiable details such as IMEI number, outlet from which the device was purchased from, and in other cases, the name of the purchaser.
4.7. Participation in this Promotion excludes the Organiser, 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, unless:
4.7.1. Misrepresentation of customers by in store sales representatives will result in the disqualification of the claim and possible legal action.
5. How to qualify for the Promotion:
5.1. The participant must, within the Promotion Period:
5.1.1. Be a participant as set out in 3 above;
5.1.2. Purchase a Samsung Galaxy Z Flip3 or Z Fold3 5G (“Qualifying Device”) from an MTN online store or MTN store within the Republic of South Africa during the Promotion Period;
5.1.3. Retain proof of purchase of the Qualifying Device, which will take the form of an invoice or electronic slip;
6. Can I qualify more than once for the Promotion:
6.1. The Promotion is limited to One (1) Offer per valid Qualifying Device purchased (identifiable by the unique IMEI number).
6.2. 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.
7. Offer:
7.1. The Promotion will afford the participant the opportunity to receive the following gift when they purchase a Samsung Galaxy Z Fold3 or Z Flip3 5G during the Promotion Period:
7.1.1. One (1) set of Samsung Galaxy Buds live
7.2. The Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted.
7.3. The Offer is provided on a first come first serve basis and while stocks last.
7.4. 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 Organiser’s sole and absolute discretion to select same.
7.5. The Offer is available on a “while stocks last” basis and the Organiser cannot be held accountable once the stock of the promotional Offer has been depleted.
8. Redemption:
8.1. To redeem the Offer, the participant must follow the following steps and/ or instructions:
8.1.1. Participants will learn about the Promotion through various forms of communication such as radio, social media and digital platforms.
8.1.2. Communication will include a call to action to upgrade / purchase a Qualifying Device through an MTN online store or MTN store.
8.1.3. Participants will purchase or upgrade to a Samsung Galaxy Z Fold3 or Z Flip3 5G and the participant will receive their proof of purchase from the MTN online store or MTN store.
8.1.4. The participant will save the dedicated Promotion WhatsApp number (078 912 5759) as a contact on their device and send their IMEI number to the dedicated Promotion WhatsApp number.
8.1.5. The participant will follow the prompted WhatsApp messages to complete the registration process via WhatsApp, which includes, but not limited to, a submission of the proof of purchase/upgrade contract and personal details as per the Whatsapp prompts. If the contents of the participant’s WhatsApp submission have been received and found incorrect/ incomplete for whatever reason, the participant will not receive their Offer. The responsibility to provide the correct information rests with the participant.
8.1.6. The participant with correct and validated information will receive their pair of Samsung buds live.
8.2. A participant must redeem the Offer within the Redemption Period.
8.3. No claims for any pair of Samsung Buds live in respect of the Qualifying Device purchased/upgraded to during the Promotion Period will be accepted or processed before the Redemption Period or after the Redemption Period.
8.4. Participants who encounter any technical issues when redeeming the Offer, must contact the Organizer for assistance by email at the following email address, Kelsey@efficiency.africa;
8.5. Any technical issues referred to in clause 8.4 will be investigated by the Organiser. After the investigation the Organiser will, in its sole discretion, determine whether the participant qualifies for the Offer.
8.6. Proof of purchase of the Qualifying Device will be required by means of an upload function as part of the redemption process. Uploading the incorrect image or document will disqualify the participant’s entry from the Promotion.
8.7. The Organizer accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered. Entries that do not comply with these Terms and Conditions will be disqualified, subject to clause 8.8 below.
8.8. Errors and omissions may be excepted 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.
8.9. It is the participant’s responsibility to ensure that any information provided to the Organizer is accurate, complete and up to date.
8.10. The participant will be required to provide the Organiser with a day time address to enable delivery of the promotional Offer.
8.11. Offers can only be redeemed through the dedicated WhatsApp line.
8.12. The Organiser will not be responsible for any costs associated with the redemption process of the Offer.
8.13. A participant must redeem the Offer within the Redemption Period.
8.14. The Organizer accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered. Entries that do not comply with these Terms and Conditions will be disqualified, subject to clause 8.15 below.
8.15. 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.
8.16. It is the participant’s responsibility to ensure that any information provided to the Organizer is accurate, complete and up to date.
8.17. The participant will be required to provide the Organiser with a day time address to enable delivery of the promotional Offer.
8.18. The Offer can only be redeemed through the whatsapp line.
8.19. The Organiser will not be responsible for any costs associated with the redemption process of the Offer.
9. Limitation of Liability:
9.1. 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 Organiser 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.
(b) The Organiser 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 third party applications will not be monitored or controlled by the Organiser. 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 Organiser from all liability arising from whatsoever nature.
9.2. The Organiser will make every reasonable effort to monitor the Promotion for any technical errors. However, to the extent permitted by Consumer Protection Act and other applicable law:
(a) you agree that the Organizer will not be liable or responsible for, and
(b) you hereby release the Organizer and its respective agents, affiliates, assigns, directors, officers, subsidiaries, holding companies, service providers, suppliers, employees or representatives from, and hereby indemnify each of us against all claims in respect of:
any loss, liability or damage of whatsoever nature arising from or suffered in connection with this Promotion, by you or any other person, for whatever reason, including as a result of technical failures affecting the participation and prize or Offer redemption, incorrect winner announcements, error, mistakes, omission, interruption, defects, deletion, delay in operation or transmission, viruses, communication line or telephone, mobile or satellite network failure, technical problems or traffic congestion on the internet or website, software failure whether resulting or not from any force majeure or from theft, destruction or unauthorized access to our systems.
10. General:
10.1. In accordance with the confidentiality policies and practices of the Organiser, none of the entry details of any participant in this Promotion will be disclosed or used by the Organiser for any purposes other than for entry into the Promotion and in accordance with clause 10.7 below.
10.2. The participant is bound by the Samsung terms and conditions. Should there be any dispute in this regard, the Organisers shall be sole adjudicator of the dispute and the Organisers decision shall be final.
10.3. 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.
10.4. 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.
10.5. Participants acknowledge and accept that the Organiser shall utilise a third party agent to contact/ communicate with the participant. In order to affect the contacting process, the participant shall provide their information to such third party agent.
10.6. Details of participants will not be used by the Organiser for Samsung related communication should the participants opt-out to receive further communication from the Organiser.
10.7. Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion.
10.8. The Organiser 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 Organiser’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.
10.9. 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.
10.10. 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.
10.11. 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 http://www.Samsung.com/za/offer/ liability shall lie against the Organiser in favour 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.
10.12. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
10.13. 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.
10.14. 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.
10.15. 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 Samsung gift owing to, but not limited to, stock unavailability, strike, lock out, destruction of the Samsung gift device 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.
10.16. 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; and
(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.
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, 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.
