TERMS AND CONDITIONS FOR MTN BUSINESS SAMSUNG GALAXY S23 SERIES WITH COMPLIMENTARY SAMSUNG CARE+ (STANDARD 24 MONTHS 2 X SCREEN PROTECTION PLAN).
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. MTN Business Samsung Galaxy S23 (512Gb) Series with Complimentary Samsung Care Plus (Standard 24 Months 2 x Screen Protection Plan), (“Promotion”).
1.2. The promoter 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 1 May 2023 [00:00] to 30 June 2023 [23:59] (“Promotion Period”)
2.2. The participant will have from the 1 May 2023 (00h00) to 30 June 2023 (23h59) to qualify for the Samsung Care+ Offer. (“Redemption Period”) and/or while stocks last.
2.3. The Promotion Period and may be extended or curtailed at the discretion of the Organizer.
2.4. The Promotion is valid while stocks last.
3. Who may enter:
3.1. Participants must
3.1.1. be a business operating in South Africa or citizens of the Republic of South Africa and/or legal residents of the aforesaid country and MTN Business Client;
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 business or 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.
3.1.5. have made a valid purchase of a Samsung Galaxy S23 (512GB) Series Device with a valid IMEI number which can be found at the back of the device box or by dialling *#06# on your new S23 Series Device, purchased within the MTN Business retail outlet, or MTN Business Direct Sales and online platform with the Republic of South Africa.
3.1.6. be in the possession of a valid proof of purchase with verifiable details such as IMEI number which can be found at the back of the device box or by dialling *#06# on your new S23 Series Device, outlet from which the device was purchased from, and in other cases, the name of the purchaser.
3.2. Where the participant is a business (which for the purposes of these Terms and Conditions shall include a Trust), that participant must:
3.2.1. 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;
3.2.2. 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,
3.2.3. the Representative must be at least 18 (eighteen) years old at the date of the commencement of the Promotion Period.
3.3. Participation in this Promotion does include 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, if they personally purchase Samsung Galaxy S23, S23+ or S23 Ultra (“S23 512GB Series Device”) for their own personal use. Proof of purchase will be verified at the Promoter’s discretion.
3.4. Misrepresentation of customers by in store sales representatives will result in the disqualification of the claim and possible legal action.
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 above;
4.1.2. Purchase the Samsung Galaxy S23 Series Device through MTN Business Channels, retail outlet or the Samsung online store, during the Promotion Period within the Republic of South Africa;
4.1.3. Retain proof of purchase of the Samsung Galaxy S23 Series Device, which will take the form of an invoice or electronic slip;
4.1.4. Samsung Care + must be activated within 30 days from Samsung Galaxy S23 Series Device purchase date as you will lose this offer.
4.2. Proof of purchase will be verified at the Promoter’s sole discretion.
4.3. Errors and omissions 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.
4.4. It is the participant’s responsibility to ensure that any information which you provide to the Organizer is accurate, complete, and up to date.
5. Can I qualify more than once for the Promotion:
5.1. The Promotion is limited to one Samsung Care+ Standard (24 Months 2 x Screen Protection Plan Samsung) for a Galaxy S23 Series Device purchased, (identifiable by the unique IMEI number which can be found at the back of the device box or by dialling *#06# on your new Samsung Galaxy S23 Series Device).
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 the opportunity to receive the complimentary Samsung Care Plus as listed below:
6.1.1 For the purchase of a Samsung Galaxy S23 (512GB) Series Device within MTN Business Direct, MTN retail outlet, or online platform with the Republic of South Africa, , participant will qualify for the Samsung Galaxy S23 (512GB) Series with Complimentary Samsung Care+ Plus (Standard 24 Months 2 x Screen Protection Plan)
6.1.2. Samsung Care + can only be activated within 30 days from purchase date of the Samsung Galaxy S23 Series Device.
6.1.3. the Promotion affords the participant 2 (two) screen repair for their Samsung Galaxy S23 Series Device within 24 months from date specified in the welcome letter participant will receive upon joining Samsung Care+.
6.1.4. a repair fee of R999 will be applicable to be paid by the participant should they claim for the screen repair within the 24-month period from date specified in the welcome letter participant will receive upon joining Samsung Care+. This applies to Samsung Galaxy S23 Series Devices on the Promotion.
6.2. The Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted.
6.3. The Samsung Care Plus offer will only be activated once customer has accepted the OPT In SMS from MTN and have received welcome letter from Samsung Care Plus.
6.4. The redemption of the Offer of the MTN Business Samsung Galaxy S23 (512GB) Series with Complimentary Samsung Care+ Plus (Standard 24 Months 2 x Screen Protection Plan), shall be at the discretion of the participant, and the participant is not obligated to take up this Offer.
7.1. To redeem your Offer for the MTN Business Samsung Galaxy S23 (512GB) Series with Complimentary Samsung Care+ Plus (Standard 24 Months 2 x Screen Protection Plan), the participant must follow the following steps and/ or instructions:
Step 1: Purchase a valid Samsung Galaxy S23 Series Device at MTN Business channels, any participating MTN retail store or the online platforms. Customer will then receive a SMS from MTN confirming eligibility to the offer which customer has to opt in (Decline or Accept).
Step 2: The participant will be contacted by Samsung representative to Update Personal details to activate the Complimentary Samsung Care Plus plan.
Step 3: Samsung will then automatically activate the Samsung Care Plus 24 Months Standard plan with 2 screen protection.
Step 5: You will receive an email with your Samsung Care+ documents within 7 days from date of activation.
7.2. A participant will be contacted regarding the Offer within the Redemption Period.
7.3. 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 7.4 below.
7.4. 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.
7.5. It is the participant’s responsibility to ensure that any information provided to the Organizer is accurate, complete and up to date.
7.6. The participant will be required to provide the Organizer with a day time address to enable delivery of the promotional offer.
7.7. The Organiser will not be responsible for any costs associated with the redemption process of the Offer.
8. Limitation of Liability:
8.1. To the extent permitted by Consumer Protection Act No 68 of 2008 and any other applicable law:
(a) The participant 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.
(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 third 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.
9. General:
9.1. 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 9.7 below.
9.2. 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 Organizer shall be sole adjudicator of the dispute and the Organizer’s decision shall be final.
9.3. The Organizer 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 Organizer's discretion. Failure by the Organizer to enforce any of its rights at any stage does not constitute a waiver of those rights.
9.4. 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 Organizer, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organizer 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.
9.5. Participants acknowledge and accept that the Organizer shall utilise a third party agent to contact the participant to arrange activation of the Samsung Care Plus policy.
9.6. 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.
9.7. Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion.
9.8. 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 https://www.samsung.com/za/offer. The onus rests on the participant to constantly check the website for updates to the Terms and Conditions.
9.9. 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 https://www.samsung.com/za/offer 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.
9.10. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
9.11. 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.
9.12. 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.
9.13. 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.
9.14. The Organizer 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 Organizer's discretion. Failure by the Organizer to enforce any of its rights at any stage does not constitute a waiver of those rights.
9.15. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
9.16.1 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
9.16.2 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.
10. Consumer Protection Act:
10.1 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.
