TERMS AND CONDITIONS FOR NATIONAL SAMSUNG GALAXY Z FOLD5| FLIP5 5G LAUNCH OFFER
Please read these 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:
1. Promotion:
National Samsung Galaxy Z Flip|Fold5 launch offer (“Promotion”). The promoter of the Promotion is Samsung Electronics South Africa (Proprietary) Limited, Registration number: 1994/003872/07 and/or its agencies (“Organizer”).
2. Promotion & Redemption Period:
2.1 The Promotion will run from 1 September 2023 and end as per the below “(Promotion Period”) :
a. In network operators MTN, Telkom and Cell C and their associated dealers 30th September 2023 [23:59];
b. Vodacom and associated dealer stores 6th October 2023.
c. In national retail stores and online channels, Takealot (excluding FNB Connect) 30th September 2023 [23:59]; and
d. On Samsung online store 30th September 2023 [23:59].
2.2 The Redemption Period will run as follows:
a. In network operators MTN, Telkom, Vodacom, Cell C and their associated dealers from 1 September 2023 [00:00] to 14th October 2023 [23:59];
b. In national retail stores and online channels, Takealot, Samsung on-line (excluding FNB Connect) to 14th October 2023 [23:59];
3. Who may enter:
3.1 Where the participant is a natural person, that participant must:
3.1.1. be a citizen 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.
3.1.5. have made a valid purchase of a Samsung Galaxy Z Flip5 or Z Fold5 5G (“Qualifying Device”) with a valid IMEI number, purchased within the Republic of South Africa from the stores listed as per clause 2.1. at retail selling/ tariff price.
3.1.6. be in the possession of a valid Proof of Purchase with verifiable details such as IMEI number, outlet from which the Qualifying Device was purchased from, and in certain 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 (“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.
3.2.4. By entering, they confirm to be the appointed person responsible for claiming the Offer on behalf of the organization.
3.2.5. Follow redemption steps outlined in clause 6.12. Submission for Business requires the Representative to email required documents to
the dedicated Business 2 Business promotions e-mail address:
Samsungb2b.promotions@isonxperiences.com
3.2.5.1. Required documents include:
3.2.5.1.1. Proof of Purchase
3.2.5.1.2. Individual images of each IMEI handset (on the box will be accepted)
3.2.5.1.3. Business Registration Certificate/ Company Intellectual Property of Commission Certificate
3.2.5.1.4. Company Resolution signed by Directors / Letter of authority for claimant signed by authorised owner/director
3.2.5.1.5. ID copy of authorized person as per point above
3.2.5.1.6. Delivery address
3.3. Misrepresentation of participants or in store sales representatives will result in the disqualification of the claim and possible legal action.
4. How to qualify for the Offer:
4.1. The participant must, within the Promotion Period:
4.1.1. Be a participant as set out in 3 above;
4.1.2. Purchased a Qualifying Device with a valid IMEI number from the stores as listed in clause 2.1. above within the Republic of South Africa during the Promotion Period at retail selling price/ tariff. This excludes purchases from FNB Connect;
4.1.3. be in the possession of a valid Proof of Purchase with verifiable information showcasing purchase details as per point 4.1.2 above including Qualifying Device IMEI number on the proof of purchase.
4.1.4. have downloaded the Samsung Members Application from the Samsung Galaxy Store or Google Play Store on their Qualifying Device and be a registered subscriber of the Samsung Members Application managed by the Organizer.
4.2. Where the participant is a business, the Representative will be required to email required documents as listed below to the dedicated Business 2 Business promotions e-mail address Samsungb2b.promotions@isonxperiences.com
4.2.1 Proof of Purchase; and
4.2.2 Individual images of each IMEI handset (on the box will be accepted); and
4.2.3 Business Registration Certificate/ Company Intellectual Property of Commission (CIPC) Disclosure Certificate; and
4.2.4 Company Resolution signed by Directors / Letter of authority for Representative signed by authorised owner/director; and
4.2.5 ID copy of Representative; and
4.2.6 Delivery address.
5. Offer:
5.1 The Promotion will afford the participant the opportunity to receive the below gift (“Offer”):
For the purchase of one Qualifying Device, the participant will receive one set (1) of Galaxy Buds2Pro (SM-R510).
5.2 Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted.
5.3 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.
5.4 The above promotional Offer is available on a “while stocks last” basis and the Organizer cannot be held accountable once the stock of the Offer has been depleted.
5.5 If your claim of the Offer is rejected due to the IMEI number having already been claimed against, the Organizer does not assume any responsibility or any liability to fulfil the redemption of the Offer. The Participant should direct the claim of the Offer back to the place where they purchased the Qualifying Device from.
5.6 Any and all tax implications and liabilities as a result of purchasing the Qualifying Device or Redemption of the Offer will be solely borne by the participant.
6. Can I qualify more than once for the Offer:
6.1 The Promotion is limited to one (1) Galaxy Buds2Pro (SM-R510), per Qualifying Device purchased (identifiable by the unique IMEI number).
6.2 The Promotion is further limited that participants are only allowed to redeem the Offer up to 5 times. This means participants are limited to 5 purchases of the Qualifying Device and 5 corresponding redemptions of the Offer. Participants will not be allowed to redeem the Offer more than 5 times on any number of purchases of the Qualifying Device in excess of 5 purchases. This limitation excludes Business to Business purchases and redemptions.
6.3 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.
7. Redemption:
7.1 Where the participant is a natural person:
7.1.1 To redeem your Offer the participant must follow the following steps and/ or instructions:
7.1.1.1 For redemption of purchases made from network operators like Vodacom, MTN, Cell C, Telkom and their associated dealers, or national retailers and online channels, Takealot (excluding the Samsung online store and FNB connect):
Step 1: Purchase and switch on their Qualifying Device from any Network operator on contract or at retail selling price in the case of the national retail stores, network operators and online channels (excluding Samsung Online and FNB Connect) within the Republic of South Africa during the Promotion Period.
Step 2: Have all current Samsung software updates downloaded and installed from the settings menu on the Qualifying Device.
Step 3: Download Samsung Members Application from the Samsung Galaxy Store or Google Play Store on his/her Qualifying Device.
Step 4: Register for a Samsung Members account, then click on “Galaxy Z5 Series 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 their Qualifying 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 Organizer has validated the participant’s online form and proof of purchase of the Qualifying Device, and all Qualifying Device purchased have been switched on, the participant will receive a congratulatory message by way of email.
Step 8: The Organizer will then arrange for delivery of the Offer according to the delivery details provided by the participant. The participant will be required to provide the Organizer with a day, time and address to enable delivery of the promotional Offer.
7.1.2 For Samsung.com/ Online purchases of the Qualifying Device:
Step 1: Purchase the Qualifying Device, from the Samsung online store within the Republic of South Africa during the Promotion Period;
Step 2: Checkout the purchase of the Qualifying Device and make payment
Step 3: Receive confirmation of purchase complete/successful
Step 4: Galaxy Buds2Pro (SM-R510) will be received with the Qualifying Device at delivery
7.2 No claims for the Offer in respect of the Qualifying Device purchased during the Promotion Period will be accepted or processed after the Redemption Periods.
7.3 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) 860 726 7864.
7.4 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.
7.5 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.
7.6 It is the participant’s responsibility to ensure that any information provided to the Organizer is accurate, complete and up to date.
7.7 For natural persons participating, redemption can only be redeemed through the Samsung Members Application, except those purchased made through the Samsung online store.
7.8 Should the participant cancel the purchase of the Qualifying Devices and return the Qualifying Devices or exchange it for another device, the participant forfeits the Offer and the Organizer has the right to claim back the Offer
7.9 The Organizer will not be responsible for any costs associated with the redemption process of the Offer. All costs for downloading the Samsung Members Application and using same will be for the account of the participant. Standard network rates apply.
7.10 Where the participant is a Business (which for the purposes of these Terms and Conditions shall include a Trust), the following additional provisions shall apply –
7.10.1 by its participation in the Promotion both the participant and the Representative warrant to and in favour of the Organizer that –
7.10.2 the participant 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;
7.10.3 the Representative agrees to e-mail required documents as stated in clause 4.1 to Samsungb2b.promotions@isonxperiences.com
7.10.4 All internal requirements of the Representatives business have been met in order to permit the participation of the participant in the Promotion.
7.10.5 Agrees 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);
7.10.6 The Representative acting on behalf of the participant has the requisite authority to act on behalf of the participant;
7.10.7 A delivery address for the Offer item to be delivered for the attention of the Representative.
7.11 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.
7.12 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.
7.13 Should the participant cancel the purchase of the Qualifying Devices and return the Qualifying Devices or exchange it for another device, the participant forfeits the Offer and the Organizer has the right to claim back the Offer
8 Terms of Delivery:
8.1 Delivery will take place approximately 7 (seven) to 14 (fourteen) working days after successful validation and redemption of the Offer.
8.2 Organizer 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.
8.3 Should the participant fail to supply valid proof of purchase through the the Offer will be forfeited.
8.4 Sales representatives employed at participating stores may not claim the Offer on behalf of a purchasing customer. Participants must redeem the Offer on their own behalf.
8.5 Delivery will take place on receipt of the participant’s valid and correct delivery details supplied by the participant through the Samsung Members Application.
8.6 Should the participant fail to supply correct and valid delivery details upon redemption of the Offer through the Samsung Members Application, the Offer will be forfeited.
8.7 Delivery will occur by way of courier and the Organizer 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.
8.8 In the event that the participant is unreachable or fails to claim delivery after 2 (two) attempts to deliver over a period of 10 (ten) working days it shall be forfeited.
8.9 The participant must present a valid identity document at the time of delivery.
8.10 Deliveries will only be made within the borders of the Republic of South Africa.
8.11 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.
9 Limitation of Liability:
9.1 To the extent permitted by Consumer Protection Act and any other applicable law:
9.1.1 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 participant’s entrance to the Promotion.
9.1.2 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).
9.1.3 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.
10 General:
10.1 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 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 Qualifying 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.
10.3 The Samsung Members application is downloadable from Galaxy Store and Google Play Store and it is supported on the Qualifying Device. 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.
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 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.
10.5 Data charges may be incurred for downloading the Samsung Members application
which will be for the cost and account of the participant. Network rates apply.
10.6 Participants acknowledge and accept that the Organizer shall utilise 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.
10.7 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.
10.8 Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion.
10.9 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 http://www.samsung.com/za/offer/ . The onus rests on the participant to constantly check the website for updates to the Terms and Conditions.
10.10 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.
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 Organiser 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 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 Galaxy Buds2Pro (SM-R510) owing to, but not limited to, stock unavailability, strike, lock out, destruction of the Galaxy Buds2Pro (SM-R510) 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 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.
10.17 The Organizer may require the participant to be identified and photographed. Photographs may be published in printed media, or the participant may be required to appear on radio and television when accepting their Offer and/or after having received their Offer. The participant will be given the opportunity to decline to the publication of their images and to participate in the Organizer’s marketing material in so far as it relates to the Promotion.
10.18 Information regarding the Promotion that is published on authorized advertising material will also form part of the terms and conditions of the Promotion.
10.19 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:
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.