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 discretion to select same

5.4.  The above promotional Offer is available on a “while stock lasts” basis and the promoter cannot be held accountable once the stock of the promotional Offer/ Promo item has been depleted.

6.  LIMITATION OF LIABILITY:

6.1.  To the extent permitted by the Competition Act and Consumer Protection Act of Kenya 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).

7.  REDEMPTION OF OFFER:

7.1.  The Participant will be entitled to redeem the bundle offers through registrations on Samsung Members and collection from the Redemption centers highlighted in annexure A.

8.  GENERAL:

8.1.  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 8.3 below.

8.2.  Participants acknowledge and accept that the Organizer shall utilise a third party (the “Organizer’s authorized agent/s”) to contact the participant, in the event that the participant qualifies for the Promotion, and to arrange delivery of the Offer, where applicable. In order to affect the contacting and delivery process, the Organizer’s shall provide the participant’s information to such third party.

8.3.  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.

8.4.  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.

8.5.  Information regarding the Promotion that is published on authorized advertising material will also form part of the terms and conditions of the Promotion.

8.6.  The Organizer’s may in their 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 www.samsung.com/africa_en/offer/. The onus rests on the participant to constantly check the website for updates to the terms and conditions.

8.7.  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 reserve the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.

8.8.  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, termination or termination shall be deemed to have taken effect from the date of publication on the Organizer’s website www.samsung.com/africa_en/offer/. No liability shall lie against the Organizer in favor of any participant, Participant(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.

8.9.  This Promotion shall be governed by the laws of the Republic of Kenya, these terms and conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.

8.10.  Any dispute or claim arising out of or in connection with the Promotion shall be resolved amicably through mediation or negotiation. Where such dispute or claim could not be amicably resolved within 15 (fifteen) days of the dispute or claiming having occurred, such dispute or claim shall be submitted to a court of competent jurisdiction in Kenya for determination.

8.11.  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,, epidemic, pandemic, explosion, storm, flood, earth quake or other acts of God.

8.12.  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;

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.
 

ANNEXURE A
List of Redemption Centers in Kenya