TERMS AND CONDITIONS FOR THE SAMSUNG GALAXY Z FOLD 2 AND Z FLIP AND MTN SA ONLINE VOUCHER 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:
All participants during the term of this Promotion agree to be bound by the following Terms and
Conditions:
1. Promotion:
Samsung Galaxy Z Fold 2 And Z Flip and MTN SA Online Voucher Offer (“Promotion”). The promoter of the promotion is Samsung Electronics South Africa (Proprietary) Limited, Registration number: 1994/003872/07 and/or its agencies ("Organizer").
2. Promotion Period:
2.1. The Promotion will run from the 10 May 2021 [00h00] to the 31 May 2021 [23h59] (“the Promotion Period”).
2.2. The participant will have from the 10 May 2021 (00h00) to 13 June 2021 (23h59) to redeem the Offer from the WhatsApp line (078 912 5759) (“Redemption Period”) and/or while stocks last.
2.3. The Promotion is only limited to the first 50 qualifying participants who purchase the Qualifying Device at an MTN store.
2.4. The Promotion Period may be extended or curtailed at the discretion of the Organiser.
3. Who may enter:
3.1. All participant must:
3.1.1. Be a citizen of the Republic of South Africa and/or legal resident 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.
3.1.5. Purchase or upgrade to a Samsung Galaxy Z Fold2 or Z Flip (“Qualifying Device”), with a valid IMEI number, from an MTN store during the Promotion Period.
3.1.6. Purchase or upgrade to the Qualifying Device in their own name and for their own personal use.
3.1.7. Be in the possession of a valid proof of purchase of the Qualifying Device with verifiable details such as IMEI number and in other cases, the name of the purchaser.
3.2. 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 or upgraded to 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.
3.3. Proof of purchase (Upgrade contract) will be verified at the Promoter’s sole discretion.
3.4. Misrepresentation of participants by MTN store 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:
4.1. The participant must, within the Promotion Period:
4.1.1. Be a participant as set out in 3.1 above
4.1.2. Purchase or upgrade and activate the Samsung Galaxy Z Fold 2 or Z Flip, which Qualifying Device must be purchased from an MTN store;
4.1.3. Retain proof of purchase of the Qualifying Device which will take the form of an invoice or electronic slip or retain a copy of MTN contract of the Qualifying Device,
5. Can I qualify more than once for the Promotion:
5.1. The Promotion is limited to One (1) R 5 500.00 Online Voucher per valid Qualifying Device purchased or upgraded to (identifiable by the unique IMEI number) at an MTN store.
5.2. 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:
6.1. The Promotion will afford the participant the opportunity to receive One (1) R 5 500.00 Online Voucher per Qualifying Device purchased/upgraded to an MTN contract from an MTN store, provided the required step by step verification and/ or redemption process set out in clause 7 below has been complied with by the participant (“Offer”).
6.2. The Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted.
6.3. The Offer is provided on a first come first serve basis and while stocks last.
6.4. 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.
6.5. The Offer is therefore available on a “while stocks last” basis and the Organiser cannot be held accountable once the stock of the promotional Offer has been depleted.
6.6. The Online Voucher:
6.6.1. The Online Voucher is limited to the first 50 qualifying participants.
6.6.2. The Online Voucher Code is not transferable. No substitution is permitted.
6.6.3. The Online Voucher can be used at any Online Store in South Africa.
6.6.4. The Online Voucher code is valid for 3 years from date of issue.
7. Redemption:
7.1. To redeem the Offer, the participant must follow the following steps and/ or instructions:
7.1.1. Participants will learn about the Promotion either at an MTN store or through other forms of communication such as radio, social media and digital platforms.
7.1.2. Communication will include a call to action to upgrade / purchase a Qualifying Device through an MTN store.
7.1.3. Participants will purchase or upgrade to a Samsung Galaxy Z Fold 2 or Z Flip and the participant will receive their proof of purchase from the MTN Store.
7.1.4. The participant will save the dedicated Promotion WhatsApp number (078 912 5759) as a contact on their device and send their IMEI number to the dedicated Promotion WhatsApp number.
7.1.5. The participant will follow the prompted WhatsApp messages to complete the registration process via WhatsApp, which includes, but not limited to, a submission of the proof of purchase/upgrade contract and personal details as per the Whatsapp prompts. If the contents of the participant’s WhatsApp submission have been received and found incorrect/ incomplete for whatever reason, the participant will not receive their Offer. The responsibility to provide the correct information rests with the participant.
7.1.6. The participant with correct and validated information will receive their Online Voucher Code.
7.2. A participant must redeem the Offer within the Redemption Period.
7.3. No claims for any Online voucher valued at R5 500.00, in respect of the Qualifying Device purchased/upgraded to during the Promotion Period will be accepted or processed before the Redemption Period or after the Redemption Period.
7.4. Participants who encounter any technical issues when redeeming the Offer, must contact the Organizer for assistance by email at the following email address, Kelsey@efficiency.africa;
7.5. Any technical issues referred to in clause 7.4 will be investigated by the Organiser. After the investigation the Organiser will, in its sole discretion, determine whether the participant qualifies for the Offer.
7.6. 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.
7.7. The Organizer accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered. Entries that do not comply with these Terms and Conditions will be disqualified, subject to clause 7.8 below.
7.8. Errors and omissions may be accepted at the Organizer's sole discretion. Failure by the Organizer to enforce any of its rights at any stage does not constitute a waiver of those rights.
7.9. It is the participant’s responsibility to ensure that any information provided to the Organizer is accurate, complete and up to date.
7.10. The participant will be required to provide the Organiser with a day time address to enable delivery of the promotional Offer.
7.11. Offers can only be redeemed through the dedicated WhatsApp line.
7.12. The Organiser will not be responsible for any costs associated with the redemption process of the Offer.
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 participants’ 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).
8.2. 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.
8.3. Network rates apply.
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 9.6 below.
9.2. 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.
9.3. 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.
9.4. 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 using the WhatsApp line. 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. 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. 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 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.
9.12. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating MTN store, associated with this Promotion.
9.13. 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.
9.14. To the extent that these Terms and Conditions conflict with the terms and conditions of the WhatsApp line set up by Efficiency agency, these Terms and Conditions will take precedence.
9.15. 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 R5 500.00 online voucher owing to, but not limited to, stock unavailability, strike, lock out, 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.
9.16. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
9.16.1. 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
9.16.2. 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.
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.
