Terms & Conditions for the Samsung Galaxy Note20 and Note20 Ultra (Samsung 32`` HD TV valued at R3299.00 Promotion)

TERMS AND CONDITIONS FOR THE SAMSUNG GALAXY NOTE 20 AND NOTE 20 Ultra (SAMSUNG 32” HD TV VALUED AT R3299.00 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. Promotion:
    1. Samsung Galaxy Note 20 and Note 20 Ultra and Samsung 32” HD TV valued at R3299.00 (“Promotion”).
    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:
    1. The Promotion will run from 16 September 2020 (00h00) to 6 November 2020 (23h59) (“Promotion Period”).
    2. The participant will have from the 18 September 2020 (00h00) to 20 November 2020 (23h59) to redeem the Offer from the Samsung Members Application. (“Redemption Period”) and/or while stocks last.
    3. The Promotion Period may be extended or curtailed at the discretion of the Organiser.
  3. Who may enter:
    1. All participants must:
      1. be citizens of the Republic of South Africa and/or legal residents of the aforesaid country;
      2. be currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period;
      3. be a natural person and be at least eighteen (18) years old at the date of the commencement of the Promotion Period;
      4. be in the possession of a valid South African identity.
      5. be in the possession of a valid TV licence.
      6. purchase a 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 an authorised network operator, retail outlet or online within the Republic of South Africa during the Promotion Period.
      7. purchase the Qualifying Device in their own name and for their own personal use
      8. be in the possession of a valid proof of purchase of the Qualifying Device with verifiable details such as IMEI number, outlet from which the Qualifying Device was purchased from, and in other cases, the name of the purchaser.
    2. Participation in this Promotion excludes 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 (“Associates”), unless such Associates purchased a Qualifying Device in their own name and for their own personal use, then in such an instance an Associate will be entitled to participate in the Promotion.
    3. By participating in this promotion the participant consents to the Organiser providing /. sharing the participant’s personal information with the SABC as required by law.
    4. Misrepresentation of customers/participants by instore sales representatives will result in the disqualification of the participant’s claim in
      the Promotion and possible legal action.
  4. How to qualify for the Promotion:
    1. the participant must, within the Promotion Period:
      1. Be a participant as set out in 3.1 above
      2. purchase and activate the Samsung Galaxy Note 20 LTE (SM-N980) or Note 20 5G (SM- N981) or Note 20 Ultra 5G (SM-N986), which Qualifying Device must be purchased from;
      3. have purchased the Qualifying Devices from the following participating retail stores in the Republic of South Africa (“Participating Retailers”):
        1. Vodacom,
        2. Vodacom Online,
        3. Vodacom 4U,
        4. Technomobi
        5. Chatz Connect; and
        6. Cellucity
      4. Retain proof of purchase of the Qualifying Device, which will take the form of an invoice or electronic slip;
      5. 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:
    1. The Promotion is limited to one (1) Samsung 32” HD TV per valid Qualifying Device purchased (identifiable by the unique IMEI number).
    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. Offer:
    1. The Promotion will afford the participant the opportunity to receive one (1) Samsung 32” HD TV valued at R3299.00 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”).
    2. The Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted.
    3. The Offer is provided on a first come first serve basis and while stocks last.
    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.
    5. The Offer is 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. Redemption
    1. To redeem your Offer, the participant must follow the following steps and/ or instructions:
      1. Step 1: Purchase and activate the Qualifying Device, which Qualifying Device must be purchased from Participating Retailers during the Promotion Period.
      2. Step 2: Have all current Samsung software updates downloaded and installed from the settings menu on the Qualifying Device.
      3. Step 3: Download Samsung Members Application from the Samsung Galaxy Store or Google Play Store on his/her Qualifying Device.
      4. Step 4: Register for a Samsung Members account, then click on “Note 20 Series buy and Get” banner in the “Benefits” section of the Samsung Members Application and follow the prompts.
      5. Step 5: Upload the proof of purchase of their Qualifying Device, submit their valid TV license number and complete and submit an online form with participants details, which form must include participant’s delivery address and contact information.
      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.
      7. Step 7: Once the Organiser has validated the participant’s online form, TV license number and proof of purchase of the Qualifying Device, the participant will receive a congratulatory message by way of sms or email.
    2. A participant must redeem the Offer within the Redemption Period.
    3. It will take approximately between 48 to 72 working hours for the Organiser to validate an entry into the Promotion.
    4. No claims for any Samsung 32” HD TV valued at R3299.00, 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.
    5. 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.
    6. Any technical issues referred to in clause 7.5 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. 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.
    8. The participant must have a valid TV license and will be required to submit their valid TV license number as part of the redemption process.
    9. By participating in this promotion you hereby confirm that the residential address that appears on your TV license is the same address where the Samsung 32″ HD TV will be installed and utilised by you. In the event that the residential address that appears on your TV license is NOT the same address where the Samsung 32# HD TV will be installed and utilised by you, the Samsung 32″ HD TV ? Offer will be forfeited.
    10. Errors and omissions 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.
    11. It is the participant’s responsibility to ensure that any information provided to the Organizer is accurate, complete and up to date.
    12. The participant will be required to provide the Organiser with a day time address to enable delivery of the promotional Offer.
    13. Offers can only be redeemed through the Samsung Members Application.
    14. The Organiser will not be responsible for any costs associated with the redemption process of the Offer.
  8. Terms of Delivery:
    1. Delivery of the Samsung 32” HD TV will take place approximately six (6) to eight (8) weeks after receipt of participant’s valid online form, valid TV license 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 Samsung 32” HD TV that may arise during its delivery to the participant.
    2. Should the participant fail to supply valid online forms, TV license and/or proof of purchase through the Samsung Members Application, the Samsung 32” HD TV will be forfeited.
    3. Sales representatives employed at Participating Retailer stores may not claim the Samsung 32” HD TV on behalf of a purchasing customer. Participants must redeem the Samsung 32” HD TV on their own behalf.
    4. Delivery of the Samsung 32” HD TV 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 Members Application.
    5. 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.
    6. Delivery of the Samsung 32” HD TV 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.
    7. In the event that the participant is unreachable or fails to claim delivery of the Samsung 32” HD TV after 2 (two) attempts to deliver over a period of 10 (ten) working days it shall be forfeited.
    8. The participant must present a valid identity document and TV license at the time of delivery.
    9. Deliveries will only be made within the borders of the Republic of South Africa.
    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 Samsung 32” HD TV may be delayed due to South African
      Government regulations imposed as a result of the Covid-19 pandemic.
  9. Returns Policy
    1. Any participant who returns their purchased Qualifying Device during the Promotion Period forfeits their Offer.
    2. In the event that a participant returns their purchased Qualifying Device to the Participating Retailer, the following will apply:
      1. A participant who returns or exchanges their Qualifying Device for any reason whatsoever with the Participating Retailer after the redemption process of the Offer, must email the Organizer at the following email address [email protected] to cancel their application/participation in the Promotion and acknowledge that they are no longer able to claim the Offer;
      2. If the participant has already redeemed the Offer and then returns or exchanges their purchased Qualifying Device, the Organizer reserves the right to claim back the value of the Offer from the participant.
  10. Limitation of Liability:
    1. To the extent permitted by Consumer Protection Act No 68 of 2008 and any other applicable law:
      1. 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.
      2. 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).
    2. 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.
    3. Network rates apply.
  11. General:
    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 11.7 below.
    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 Organisers shall be sole adjudicator of the dispute and the Organizers decision shall be final.
    3. The Samsung Members Application is downloadable from Galaxy Store and Google Play Store and it is supported on the Qualifying Device. 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.
    4. 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.
    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.
    6. Data charges may be incurred for downloading the Samsung Members Application. Network rates apply.
    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.
    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.
    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. 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. 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.
    12. 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/ liability shall lie against the Organiser in favour of any participant 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.
    13. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
    14. 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.
    15. 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.
    16. 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 Samsung 32” HD TV owing to, but not limited to, stock unavailability, strike, lock out, destruction of the Samsung 32” HD TV 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.
    17. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
      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
      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.
  12. 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.