Samsung Galaxy Themes Card Offer
TERMS AND CONDITIONS
1. Eligibility: Samsung Galaxy Themes Card Offer (the "Offer") is open to individuals, who:
a. are legal residents of 50 United States, including D.C, Puerto Rico & the U.S. Virgin Islands;
b. are eighteen (18) years old or older;
c. own a qualifying Samsung Galaxy device (“Qualifying Device”). Current list of Qualifying Devices are listed on www.samsung.com/us/support/owners/app/samsung-pay#compatibility;
d. Your Qualifying Device must have Android OS 8.0, 8.1 or 9.0 to use the Reward;
e. have a mobile plan with a U.S. carrier; and
f. have created a Samsung Account (subject to the Account Terms & Conditions and Privacy Policy); (herein "Participants").
No purchase necessary to enter. Offer is void and where prohibited or restricted by law. Data rates may apply to participate in the Offer.
2. Timing: The Offer will be made available to Participants starting on September 23, 2019 at 2:00 p.m. Pacific Time (PT) through October 31, 2019 at 2:00 p.m. PT) and available only while supplies last (the "Offer Period"). Sponsor’s server is the official time-keeping device for the Offer.
3. How to Earn the Reward: During the Offer Period:
a. While logged into your Samsung Account on your Qualifying Device, access the Galaxy Store app and follow the links to the Galaxy Theme Offer microsite.
b. If you have a Galaxy Store-supported credit card (herein “Qualifying Card”) added to the Galaxy Store app, you will automatically be offered the ability to download four (4) exclusive themes to your Samsung device (the “Reward”).
c. If you have not previously added a Qualifying Card to the Galaxy Store app, you will be directed to provide the required information to add one. Upon completion, you will be offered the Reward.
4. Sponsor: Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park, NJ 07660.
5. Release: By receipt of the Reward, Participant agrees to release and hold harmless Sponsor, and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion, agents, and offer suppliers, and each of their respective parent companies and each such entity’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Offer or receipt or use or misuse of the Reward.
6. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Offer, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Offer, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Offer or to be acting in violation of these Terms and Conditions in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Offer may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision
7. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Offer; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the operation of the Offer; (4) technical or human error which may occur in the administration of processing the Reward or the processing of Qualifying Purchases of Participants; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Offer or receipt or use or misuse of any Reward.
IN NO EVENT SHALL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT PARTICIPANT HEREBY WAIVES ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM THE RELEASED PARTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONSOR’S AND THE RELEASED PARTIES’ CUMULATIVE LIABILITY TO PARTICIPANT ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1,000. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
8. Disputes: Except where prohibited, Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Offer or any Samsung Rewards Points awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in New York or an appropriate New York State Court. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participant and Released Parties in connection with the Offer, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
9. Participant's Personal Information: Information collected from participation is subject to the privacy policy associated with creating a Samsung Account.
© 2019 Samsung Electronics America, Inc. Samsung and Samsung Pay are registered trademarks of Samsung Electronics Co., Ltd.
ABBREVIATED DISCLOSURES:
From 9/20/19 – 10/31/19 at 2:00 p.m. PT, register a qualifying credit card to the Galaxy Store app and you will be able to download 4 exclusive themes to your Samsung device. See full terms and conditions for all details at https://www.samsung.com/us/rewards/terms-and-conditions/galaxy-themes-card-offer.
