SAMSUNG GALAXY Z FOLD6, Z FLIP6 AND S24 ULTRA MTN EXCLUSIVE OFFER PROMOTION TERMS AND CONDITIONS

 

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 FOLD6, Z FLIP6 AND S24 ULTRA MTN EXCLUSIVE OFFER (“Promotion”).

(a)  

1.2.   The Promotion is limited to the MTN online store.

1.3.   Offer will be redeemable through Samsung Members Application (on www.samsung.com/za). (Refer to Clause 3)

1.4.   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:

The Promotion will run from 07 August 2024 [00:00 am] to 06 September 2024 [23:59 pm]; (“Promotion Period”)

2.1.    The duration of the Promotion may be extended or curtailed at the discretion of the Organizer.

 

3.         Redemption Period:

3.1       The redemption period will run from 07 August 2024 [00:00 am] to 21 September 2024 [23:59 pm] ("the Redemption Period").

3.2       The duration of the Redemption Period may be extended or curtailed at the discretion of the Organizer.

 

4.     Who may enter:

4.1.    Where the participant is a natural person, that participant must:

(a)     be a citizen of the Republic of South Africa and/or legal resident 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 eighteen (18) years old at the date of the commencement of the Promotion Period;

(d)     be in the possession of a valid South African identity.

(e)     have made a valid purchase (via an upgrade or sign up for a MTN South Africa contract)  of a Samsung Galaxy Z Fold6, Galaxy Z Flip6  or S24 Ultra device with a valid IMEI number, purchased within the Republic of South Africa from the MTN online store.

(f)       be in the possession of a valid Proof of Purchase with verifiable details such as IMEI number, outlet from which the Samsung Galaxy Z Fold6, Galaxy Z Flip6  or Galaxy S24 Ultra device was purchased from, and in certain cases, the name of the purchaser.

 

4.2.   Participation in this Promotion does include 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, if they personally purchased a Samsung Galaxy Z Fold6, Galaxy Z Flip6 or Galaxy S24 Ultra device for their own personal use. Proof of purchase will be verified at the Organiser’s discretion.

 

4.3.   Where the participant is a business (which for the purposes of these Terms and Conditions shall include a Trust), that participant must:

(a)     be duly registered and incorporated or otherwise lawfully established in the Republic of South Africa and not restricted in terms of its constitutional documents from participating in the Promotion, with a domicilium address situated within the Republic of South Africa;

(b)     be represented by a duly authorized individual (the "Representative") who currently resides in the Republic of South Africa at the date of the commencement of the Promotion Period,

(c)     the Representative must be at least 18 (eighteen) years old at the date of the commencement of the Promotion Period.

 

4.4.   Misrepresentation of participants or 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:

(a)     Be a participant as set out in 4 above;

(b)     have made a valid purchase (via an upgrade or sign up for a MTN South Africa contract)  of a Samsung Galaxy Z Fold6, Galaxy Z Flip6 or Galaxy S24 Ultra device with a valid IMEI number, purchased within the Republic of South Africa from the MTN online store.

 

6.          Offer:

6.1.   The Promotion is limited to the first 720 (Seven hundred and twenty) participants who, upgrade or sign up for  a Samsung Galaxy Flip6, Z Fold6 or S24 Ultra contract at the MTN online store.

6.2.   The Promotion will afford the participant the opportunity to receive the below for the purchase of a Samsung Galaxy Z Fold6,  Galaxy Z Flip6  or Galaxy S24 Ultra device:

 

(a)       one (1) Samsung Galaxy Watch7 Bluetooth.

Device Model	Offer	Quantity
Z Flip 6	Galaxy Watch7 Bluetooth	83
Z Fold 6	Galaxy Watch7 Bluetooth	71
S24 Ultra	Galaxy Watch7 Bluetooth	566

 

 

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

6.4.   The Offer is provided on a first come first serve basis and while stocks last. The Organiser cannot be held accountable once the stock of the promotional Offer has been depleted.

6.5.   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.          Can I qualify more than once for the Promotion:

7.1.   The Offer is limited to:

(a)       one (1) Samsung Galaxy Watch7 Bluetooth per Samsung Galaxy Z Fold6,  Galaxy Z Flip6  or Galaxy S24 Ultra device purchased (identifiable by the unique IMEI number)

7.2.   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. 

                                                                                                         

8.         Redemption of Offer

8.1. To redeem the Offer the participant must follow the following steps and/or instructions during the Redemption Period, where applicable:

 

Step 1: Upgrade or sign up for a MTN South Africa contract for the Samsung Galaxy Z Fold6, Galaxy Z Flip6  or Galaxy S24 Ultra device within the Republic of South Africa from the MTN online store during the Promotion Period.

Step 2: Have all current Samsung software updates downloaded and installed from the settings menu on the Samsung Galaxy Z Fold6, Galaxy Z Flip6 or Galaxy S24 Ultra device.

Step 3: Download Samsung Members Application from the Samsung Galaxy Store or Google Play Store on the Samsung Galaxy Z Fold6, Galaxy Z Flip6 or Galaxy S24 Ultra device.

Step 4: Register for a Samsung Members account, then click on the “Samsung Galaxy Z Fold6, Galaxy Z Flip6 or Galaxy S24 Ultra complimentary gift” promotional banner in the “Benefits” section of the Samsung Members Application and follow the prompts.

Step 5:  Upload the proof of purchase of the Samsung Galaxy Z Fold6, Galaxy Z Flip6 or Galaxy S24 Ultra device and complete and submit an online form with participant’s details, which form must include participant’s delivery address and contact information.

Step 6: Upon submitting, the online form (referred to in step (5) the participant will receive an e-mail confirming their submission of the online form was successful. In the same email, the participant will receive a reference number that must be used by the participant to escalate any queries pertaining to their submission. 

Step 7: Once the Organiser has validated the participant’s online form and proof of purchase of the Samsung Galaxy Z Fold6, Galaxy Z Flip6 or Galaxy S24 Ultra device, the participant will receive a congratulatory message by way of email.  The promotional offer will be delivered in 7 to 14 working days after your claim has been declared successful.

 

8.2       No claims Offer in respect of the Samsung Galaxy Z Fold6, Galaxy Z Flip6  or Galaxy S24 Ultra device purchased during the Promotion Period will be accepted or processed after the Redemption Periods have ended as specified in clause 3.1 above.

8.3       Participants who encounter any technical issues when redeeming the Offer must contact the Organizer for assistance by telephone at the following telephone number: +27 (0) 87 655 0512.

8.4       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.

8.5       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.

8.6       It is the participant’s responsibility to ensure that any information provided to the Organizer is accurate, complete and up to date.

8.7       The Offer can only be redeemed through the Samsung Members Application for participating individuals.

8.8       The Offer can only be redeemed through the Samsung Members Application, for applicable purchases as per clause 8.1 above.

8.10     The Organiser will not be responsible for any costs associated with the redemption process of the Offer.

 

9.     Business Entities

9.1.   Where the participant is a Business Entity, the following additional provisions shall apply – 

(a)       by its participation in the Promotion both the participant and the Representative of the Business Entity warrant to and in favour of the Organizer that – 

(b)       the participant and the Representative is duly authorized in terms of its constitutional documents to enter into the Promotion and receive and/or redeem an Offer, should an Offer be awarded to it;

(c)       the Representative has been duly authorized to represent and bind the participant particularly for this Promotion;

(d)       all internal requirements have been met in order to permit the participation of the participant in the Promotion.

9.2.   In addition to 9.1 above, the participant must attach a letter, signed by an authorized representative of the Business Entity, on the participant’s business letterhead confirming:

(a)       that the Offer and or gift item is intended for internal distribution and/or use within its organisation and is not for resale to any natural persons or other juristic or business entities (as warranty only applies to initial purchaser);

(b)       The Identified account administrator/Representative acting on behalf of the participant has the requisite authority to act on behalf of the participant;

(c)       An email address for the Offer or promotional gift item to be emailed for the attention of the administrator/representative.

 

9.3.   Where the provisions of the Consumer Protection Act may not apply to the participant, the participant nevertheless consents to the application of the Consumer Protection Act to it.

9.4.   the participant will be required to provide proof of its authority and the authority of the Representative, to the Organizer upon request. Failure to provide sufficient proof, in the sole and absolute discretion of the Organizer, shall result in the participant forfeiting any rights or claims that it may have in and to the Offer and the Promotion.

 

10.        Limitation of Liability:

10.1.   To the extent permitted by Consumer Protection Act No 68 of 2008 and any other applicable law:

(a)        The participant 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.

 

11.        General:

11.1.   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 10.4 below.

11.2.   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.

11.3.   Data charges may be incurred for downloading or using the Samsung Members application. Network rates apply.

11.4.   Participants acknowledge and accept that the Organiser shall utilise a third party agent to contact the participant to arrange delivery. In order to affect the contacting and delivery process, the Organiser shall provide the participant’s information to such third party agent.

11.5.   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.

11.6.   Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion.

11.7.   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.

11.8.   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.

11.9.   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.

11.10. 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/ . No 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.

11.11. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.

11.12. 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.

11.13. 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.

11.14.    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 vouchers or accessories (for Samsung e-store purchases only) owing to, but not limited to, stock unavailability, strike, lock out, destruction of the voucher or accessories (for Samsung e-store purchases only) 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.

11.15. 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. Without derogating from the foregoing, the participants and the Representatives (where applicable) specifically consent to the collection and processing of their details and information by the Organizer and their affiliates for the purposes of the Promotion.

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

11.17. 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.

 

12.        Consumer Protection Act:

12.1.   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.