TERMS AND CONDITIONS FOR THE SAMSUNG GALAXY S21ULTRA 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:

1.1. SAMSUNG GALAXY S21 Ultra Promotion (“Promotion”).  

1.2. 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:

2.1. The Promotion will run through different operators at different times. The Promotion Terms and Conditions will be subject to the operator or Samsung online timelines and terms. 

2.1.1. Telkom from 4^th of October 2021 (00h00) to 31^st January 2022 (23h59) (“the Promotion Period”) and/or while stocks last, within the Republic of South Africa. 

2.1.1.1. The Redemption period will start from 4 October 2021 (00h00) to 7^th of February 2022 (23h59). 

2.1.2. MTN from 1^st October 2021 (00h00) to 31^st January 2022 (23h59) (“the Promotion Period”) and/or while stocks last, within the Republic of South Africa.

2.1.2.1. The Redemption period will start from 1^st October 2021 (00h00) to 7^th of February 2022 (23h59). 

2.1.3. Vodacom from 7^th October 2021 (00h00) to 7^th of February 2022 (23h59) (“the Promotion Period”) and/or while stocks last, within the Republic of South Africa. 

2.1.3.1. The Redemption period will start from 7^th October 2021 (00h00) to 14^th of February 2022 (23h59). 

2.1.4. Cell C from 18^th October 2021 (00h00) to 31^st January 2022 (23h59) (“the Promotion Period”) and/or while stocks last, within the Republic of South Africa. 

2.1.4.1. The Redemption period will start from 18 October 2021 (00h00) to 7^th of February 2022 (23h59).

2.1.5. Samsung Retail Outlet & Online Store from the 10^th October 2021 (00h00) to 31^st of January 2022 (23h59) (“the Promotion Period”) and/or while stocks last, within the Republic of South Africa. 

2.1.5.1. The Redemption period will start from 10 October 2021 (00h00) till 7^th of February 2022 (23h59).

3.  Who may enter:

3.1. All participants must: 

3.1.1. be citizens 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 document at the time of redemption of the Offer. 

3.1.5. make a valid purchase of a Samsung Galaxy S21 Ultra, with a valid IMEI number, purchased within the Republic of South Africa from an authorised network operator, any Samsung retail outlet or Samsung online store. 

3.2. Participation in this Promotion includes 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, provided the following is adhered to: 

3.2.1. The participant must have personally purchased a Samsung Galaxy S21 Ultra.  

3.2.2. Proof of purchase can be verified at the Organiser’s discretion. 

3.2.3. Misrepresentation of customers by in-store sales representatives will result in the disqualification of the claim. 

4. How to qualify for the Promotion:  

4.1. the participant must: 

4.1.1. Purchase a Samsung Galaxy S21 Ultra (“Qualifying Device”), from an authorised network operator, a Samsung retail outlet or Samsung online store, during the Promotion Period (as set out in clause 2.1.1 to 2.1.5 above) to qualify for One (1) x Samsung Galaxy S21 Ultra Clear View Cover with S Pen (EF-ZG99PCBEGWW); 

4.1.2. Keep the electronic slip or invoice as proof of purchase; 

4.1.3. download the Samsung Members application (“App”) from the Google Play Store or Galaxy App Store on the Device and be a registered subscriber on Samsung Members; 

4.1.4. redeem the gift through the Samsung Members App only between the period of redemption specified above (dependant on operator promotion period) in clauses 2.1.1.1 to 2.1.5.1, to redeem the Offer, or while stocks last (“Redemption Period”).

4.1.5. In case of Samsung retail outlet or Samsung Online Store purchase:

Cart Check-Out: (Samsung Online Store purchase steps) The participant must follow the following steps and/ or instructions:

4.1.5.1. Step 1: Purchase the Qualifying Device from the Samsung Online Store within the Republic of South Africa during the Promotion Period;

4.1.5.2. Step 2: Select the Complementary Gift as per Qualifying Device asset out in clause 4.1.1, select the S21Ultra Clear Cover after which it will be automatically added to the cart; and

4.1.5.3. Step 3: Checkout and make payment. 

4.1.5.4. Step 4: Receive confirmation of purchase complete/successful.

4.2. Claims to redeem the Offer in respect of the device purchased during the Promotion Period and/or Redemption Period will not be accepted or processed before or after Redemption Period as set out in clauses 2.1.1.1 to 2.1.5.1.

4.3. Proof of purchase must be uploaded onto Samsung Members App as a requirement under the redemption process. Uploading the incorrect image for redemption will disqualify the entry from the Promotion. 

5. Can I qualify more than once for the Promotion? 

5.1. The Promotion is limited to One (1) Offer per valid Qualifying Device purchased (identifiable by the unique IMEI number). 

5.2. 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. 

6.  Offer:

6.1. The Promotion will afford the participant the opportunity to receive One (1) Samsung Galaxy S21Ultra cover with S Pen (EF-ZG99PCBEGWW) per Qualifying Device purchased. 

(“Offer”) 

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

7. Terms of Delivery (redemption via Samsung Members app): 

7.1. Delivery of the Offer will take place in accordance with Covid-19 regulatory requirements (if any) and on receipt of confirmation of the participant’s valid and correct delivery details supplied by the participant through the Samsung Members application. 

7.2. Should the participant fail to supply valid delivery details upon redemption of the Offer through the Samsung Members application, the Offer will be forfeited. 

7.3. Delivery of the Offer 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.  

7.4. In the event that the participant is unreachable or fails to claim the Offer after Two (2) attempts to notify the participant, the Offer shall be forfeited.

7.5. The participant must present a valid identity document at the time of delivery. 

7.6. Deliveries will only be made within the borders of the Republic of South Africa. 

7.7.  In the event that the participant is unreachable or fails to take delivery of the Offer after Two (2) attempts to deliver to the participant, the Offer shall be forfeited. 

7.8. 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, this may be delayed due to South African Government regulations imposed as a result of the Covid-19 pandemic. 

8.  Limitation of Liability:

8.1. To the extent permitted by Consumer Protection Act No 68 of 2008 and any other applicable law: 

8.1.1. 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 participant’s entrance to the Promotion. 

8.1.2. 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). 

8.1.3. 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. 

8.2. The Organiser will make every reasonable effort to monitor the Promotion for any technical errors. However, to the extent permitted by Consumer Protection Act and other applicable law: 

(a) you agree that the Organiser will not be liable or responsible for, and 

(b) you hereby release the Organizer and its respective agents, affiliates, assigns, directors, officers, subsidiaries, holding companies, service providers, suppliers, employees or representatives from, and hereby indemnify each of us against all claims in respect of:

any loss, liability or damage of whatsoever nature arising from or suffered in connection with this Promotion, by you or any other person, for whatever reason, including as a result of technical failures affecting the participation and prize or Offer redemption, incorrect winner announcements, error, mistakes, omission, interruption, defects, deletion, delay in operation or transmission, viruses, communication line or telephone, mobile or satellite network failure, technical problems or traffic congestion on the internet or website, software failure whether resulting or not from any force majeure or from theft, destruction or unauthorized access to our systems. 

The sub-paragraph above has important legal consequences for you. It limits our risk and liability, and you undertake to hold us harmless in the event that you have any claim to us. If for any reason we make a mistake, there is a technical error, or any circumstances listed above arise, you will not be able to pursue any action or claim against us for any loss or damage suffered. You also indemnify us for any claims which may be made by third parties.  

9.  General:

9.1. 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 9.7 below.  

9.2. The participant is bound by the Samsung Members application terms and conditions, where more specifically, only One (1) account per 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 Organisers decision shall be final. 

9.3. The Samsung Members application is downloadable from Galaxy Store and Google Play Store and it is supported on the Samsung S21 Ultra. The Organiser reserves the right, at any 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. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights. 

9.4. 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 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. 

9.5. Data charges may be incurred for downloading the Samsung Members application. Network rates apply. 

9.6. 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.  

9.7. 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. 

9.8. Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion. 

9.9. 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. 

9.10. 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. 

9.11. 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. 

9.12. 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, 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. 

9.13. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion. 

9.14. 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.  

9.15. 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. 

9.16. 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 Galaxy S21 Ultra Cover owing to, but not limited to, stock unavailability, strike, lock out, destruction of the Samsung Galaxy S21 Ultra Cover 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. 

9.17. 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. 

10.  Consumer Protection Act:

10.1. 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.