TERMS AND CONDITIONS FOR THE GALAXY Z Fold5 and Z Flip5 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: Vodacom Terms and Conditions – T’s and C’s Home

 

All participants during the term of this Promotion agree to be bound by the following Terms and Conditions:

 

  1. Promotion:
    • Samsung Galaxy Z Fold5 and Z Flip5 Offer (“Promotion”).
      •  
    • The promoter of the Promotion is Samsung Electronics South Africa (Proprietary) Limited, Registration number: 1994/003872/07 and/or its agencies (“Organiser”).

 

  1. Promotion Period:
    • The Promotion will run from 26th July 2023 [14:00] to 6th September 2023 [23:59] on the Galaxy Z Fold5 and Z Flip5.
      • The participant will have from the 26th July 2023 [14:00] to 6th September 2023 [23:59] (subject to availability including availability of specific colours at the outlet of preference) to pre order and purchase a Galaxy Z Fold5 or Z Flip5from the Vodacom online, Vodacom Shops, Cellucity, Vodacom 4U, ChatzConnect or Technomobi online. (“Participating Retailers”) (“the Promotional Period”)

 

  • The Promotion Period may be extended or curtailed at the discretion of the Organiser.
  • The Promotion Period stated above are subject to availability. The Organiser does not guarantee that the Galaxy Z Fold5 and Flip5 in all colour variants ranged by Vodacom be available across participating retailers on the abovementioned dates.

 

  1. Who may enter:
    • Where the participant is a natural person or business, that participant must:
    • purchased a Galaxy Z Fold5 and/or Z Flip5 from any participating retailer as stated in 2.1 (a)
    • be a natural person and be at least eighteen (18) years old at the date of the commencement of the Promotion Period;
    • have made a valid purchase of a Samsung Galaxy Z Fold5 and/or z Flip5 device with a valid IMEI number, purchased within the Republic of South Africa from an authorised network operator, retail outlet or online store.
    • Pre Ordered their device on vodacom.com or at any participating retailer as outlined in 2.1. (a).

 

  • 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 SZ Fold5 and/or Z Flip5 for their own personal use.

 

  • Misrepresentation of participants or in store sales representatives will result in the disqualification of the claim and possible legal action.

 

  1. How to qualify for the Promotion:
    • The participant must, within the Promotion Period:
      • Be a participant as set out in 3 above;
      • have made a valid purchase of a Samsung Galaxy Z Fold5 and/or Z Flip5 Series with a valid IMEI number, purchased within the Republic of South Africa from an authorised Vodacom retail outlet or online within the promotional period.

 

  1. Offer:
    • The Promotion will afford the participant the opportunity to purchase the Fold5 512GB and/or Z Flip5 512GB at the same cost as a Galaxy Z Fold5 256GB and/or Z Flip5 256GB (availability of colour variant dependent on Vodacom retailer or online availability, while stocks last):

 

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

 

  1. Can I qualify more than once for the Promotion:
    • The promotion is not limited in quantity purchased by an individual or business
    • Colour variant availability depends on each individual participating retailer (2.1. (a)), while stocks last. 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

 

  1. Step 3: Limitation of Liability:
    • To the extent permitted by Consumer Protection Act No 68 of 2008 and any other applicable law:
      • 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.
      • 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).
      • 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.

 

  1. General:
    • 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 11.7 below.
    • 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.
    • Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion.
    • 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 Vodacom’s website Vodacom Terms and Conditions – T’s and C’s Home. The onus rests on the participant to constantly check the website for updates to the Terms and Conditions.
    • 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.
    • 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.
    • 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 Vodacom’ website Vodacom Terms and Conditions – T’s and C’s Home 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.
    • This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
    • 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.
    • 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.
    • 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.
    • 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.
    • Information regarding the Promotion that is published on authorized advertising material will also form part of the terms and conditions of the Promotion.
    • If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
      • 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
      • 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.

 

  1. 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.

 

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