TERMS AND CONDITIONS FOR THE SAMSUNG GALAXY NOTE20 ULTRA, SAMSUNG GALAXY NOTE20 AND UV STERILIZER BUNDLE 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. 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:
1.1. Samsung Galaxy Note20 Ultra, Samsung Galaxy Note 20 and Samsung UV Sterilizer Bundle (“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 24th August 2020 (00h00) to 30th September 2020 (23h59) (“the Promotion Period”).
3. Who may enter:
3.1. All participants must:
3.1.1. be citizens of the Republic of South Africa and/or legal residents of the aforesaid country;
3.1.2. be currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period;
3.1.3. be a natural person and be at least eighteen (18) years old at the date of the commencement of the Promotion Period;
3.1.4. be in the possession of a valid South African identity document at the time of redemption of the Offer.
3.1.5. purchase of a Samsung Galaxy Note 20 LTE (SM-N980) or Note 20 5G (SM- N981) or Note 20 Ultra 5G (SM-N986) (“Qualifying Device”), with a valid IMEI number, from any authorised network operator, retail outlet or online, within the Republic of South Africa during the Promotion Period.
3.1.6. The participant must have purchased any Qualifying Device for themselves. Proof of purchase of the Qualifying Device may be verified at the Promoter’s discretion.
3.2. Participation in this Promotion includes 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.
4. How to qualify for the Promotion:
4.1. The participant must, within the Promotion Period:
4.1.1. Be a participant as set out in 3.1 above;
4.1.2. Purchase any Qualifying Device from an authorised network operator, retail outlet or online, within the Republic of South Africa;
4.1.3. Retain proof of purchase of the Qualifying Device, which will take the form of an invoice or electronic slip;
4.1.4. Have downloaded the Samsung Members Application from the Samsung Galaxy Store or Google Play Store on the Qualifying Device and be a registered subscriber of the Samsung Members Application managed by the Organizer.
5. Can I qualify more than once for the Promotion:
5.1. The Promotion is limited to one (1) Samsung UV Sterilizer per valid Qualifying Device purchased (identifiable by the unique IMEI number).
5.2. Should there be any dispute in this regard, the Organizer 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 Samsung UV Sterilizer per Qualifying Device purchased, provided the required step by step verification and/ or redemption process set out in clause 7 has been complied with by the participant (“Offer”).
6.2. The Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted.
6.3. The Offer is provided on a first come first serve basis and while stocks last.
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.
6.5. The Offer is limited to the first thirteen thousand (13 000) participants with correct and validated entries. The Offer is therefore available on a “while stocks last” basis and the Organiser cannot be held accountable once the stock of the promotional Offer has been depleted.
7.1. To redeem your Offer, the participant must follow the following steps and/ or instructions:
7.1.1. Step 1: Purchase and activate the Qualifying Device, which Qualifying Device must be purchased from any Samsung authorised network operator, participating retail outlet, Samsung e-Store or online within the Republic of South Africa during the Promotion Period.
7.1.2. Step 2: Have all current Samsung software updates downloaded and installed from the settings menu on the Qualifying Device.
7.1.3. Step 3: Download Samsung Members Application from the Samsung Galaxy Store or Google Play Store on his/her Qualifying Device.
7.1.4. Step 4: Register for a Samsung Members account, then click on “Note20 complimentary gift“ promotional banner in the “Benefits” section of the Samsung Members Application and follow the prompts.
7.1.5. Step 5: Upload the proof of purchase of their Qualifying Device and complete and submit an online form with participants details, which form must include participant’s delivery address and contact information.
7.1.6. Step 6: Upon submitting the online form (referred to in clause 7.1.5) 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 CIT number that must be used by the participant to escalate any queries pertaining to their submission.
&nbnbsp; 7.1.7. Step 7: Once the Organiser has validated the participant’s online form and proof of purchase of the Qualifying Device, the participant will receive a congratulatory message by way of sms or email together with a Samsung e-Store serial code to redeem the Offer. The congratulatory SMS or e-mail will also contain a link to access the Samsung e-store where serial code can be used/redeemed.
7.1.8. Step 8: Participants must access the Samsung e-store at the following address https://shop.samsung.com/za and then use the Samsung e-Store serial code to claim the UV Sterilizer.
7.1.9. Step 9: Participant must complete and submit all relevant details on the Samsung e-store in order to receive delivery of the Offer.
7.2. A participant must redeem the Offer from the 24 August 2020 (0h00) to 7 October 2020 (23h59) (“Redemption Period”)
7.3. It will take approximately between 48 to 72 working hours for the Organiser to validate an entry into the Promotion.
7.4. Participants can only use the Samsung e-Store serial code to claim the UV Sterilizer.
7.5. No claims for any Samsung UV Sterilizer in respect of the Qualifying Device purchased during the Promotion Period will be accepted or processed before the Redemption Period or after the Redemption Period.
7.6. 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.
7.7. Any technical issues referred to in clause 7.6 will be investigated by the Organiser. After the investigation the Organiser will, in its sole discretion, determine whether the participant qualifies for the Offer.
7.8. 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.
7.9. 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 7.10 below.
7.10. 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.
7.11. It is the participant’s responsibility to ensure that any information provided to the Organizer is accurate, complete and up to date.
7.12. The participant will be required to provide the Organiser with a day time address to enable delivery of the promotional Offer.
7.13. Offers can only be redeemed through the Samsung Members Application.
7.14. The Organiser will not be responsible for any costs associated with the redemption process of the Offer.
8. Terms of Delivery:
8.1. Delivery of the Samsung e-Store Serial Code will be delivered by the Organiser to the Participant by way of SMS or e-mail, after receipt of participant’s valid online form and proof of purchase which the participant submitted by way of the Samsung Members Application. The Organiser does not accept any responsibility for late/non arrivals and/or any damage to the e-Store Serial Code that may arise during its delivery to the participant.
8.2. Should the participant fail to supply a valid online form and/or proof of purchase through the Samsung Members Application, the e-Store Serial Code will be forfeited.
8.3. Sales representatives employed at participating stores may not claim the Samsung e-Store Serial Code on behalf of a purchasing customer. Participants must redeem the e-Store Serial Code on their own behalf.
8.4. Delivery of the Offer will take place in accordance with Covid-19 regulatory requirements (if any) and on receipt of the participant’s valid and correct delivery details supplied by the participant through the Samsung e-Store.
8.5. Should the participant fail to supply correct and valid delivery details upon redemption of the Offer through the Samsung e-Store, the Offer will be forfeited.
8.6. Delivery of the Offer will occur by way of courier and the Organiser does not accept any responsibility for late/non arrivals and/or any damage to the Offer that may arise during its delivery to the participant.
8.7. In the event that the participant is unreachable or fails to claim delivery of the Offer after 2 (two) attempts to deliver over a period of 10 (ten) working days it shall be forfeited.
8.8. The participant must present a valid identity document at the time of delivery.
8.9. Deliveries will only be made within the borders of the Republic of South Africa.
8.10. 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. Delivery of the Offer may be delayed due to South African Government regulations imposed as a result of the Covid-19 pandemic.
9. Limitation of Liability:
9.1. To the extent permitted by Consumer Protection Act No 68 of 2008 and any other applicable law:
9.2. 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 participants entrance to the Promotion.
9.3. 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).
9.4. Data charges may be incurred by the participant during the redemption process of the Offer and the Organiser will not be responsible for any such costs.
9.5. Network rates apply.
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 Members Application terms and conditions, where more specifically, only one (1) 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 Organizers decision shall be final.
10.3. The Samsung Members Application is downloadable from Galaxy Store and Google Play Store and it is supported on the Qualifying Devices.
10.4. 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 sole discretion. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.
10.5. 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.
10.6. Data charges may be incurred for downloading the Samsung Members Application. Network rates apply.
10.7. 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.
10.8. 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 Organizer.
10.9. Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion.
10.10. 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.
10.11. 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/ . No liability shall lie against the Organizer 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 Organizer and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Organizer.
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 Offer owing to, but not limited to, stock unavailability, strike, lock out, destruction of the Samsung UV Sterilizer on route by any means, any civil commotion or disorder, riot, threat of war, any action taken by governmental authority (including Government regulations imposed as a result of the Covid-19 pandemic) 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:
10.16.1 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; and
10.16.2 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, 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.