Samsung Rewards Program

TERMS AND CONDITIONS

[Updated as of February 25, 2019]

PLEASE READ CAREFULLY. By enrolling in this program, you agree to the following terms and conditions that govern the Samsung Rewards Program.

A. Overview of Samsung Rewards Program

Samsung Rewards Program (the "Program") is a loyalty program sponsored by Samsung Electronics America, Inc. (“Sponsor”) through which individuals (“Participant(s)”) who have a valid Samsung Account ID, may earn points (“Point(s)”) that will be credited to Participant's Samsung Rewards Account (“Rewards Account") as set forth herein. Participants may redeem their Points through the “Rewards Catalogs” described below.

B. Eligibility and Participation in the Program

1. The Program is open to legal residents of the fifty (50) United States, the District of Columbia, Puerto Rico, and the United States Virgin Islands who are at least eighteen (18) years of age or older. All aspects of the Program may not be available to residents of Puerto Rico and the United States Virgin Islands. It is void where prohibited by law. Participants must have a valid Samsung Account ID from Samsung.com. Accounts are free, but subject to Terms and Conditions. If you do not have a Samsung Account, visit www.Samsung.com and follow the links and instructions to create an account. NOTE: Your Samsung Account profile must include a complete first and last name. If your Samsung Account does not meet this requirement, you may be suspended from the Program.

2. Registration. To enroll in this Program and thereby create a Rewards Account, Participant is required to register online (www.Samsung.com or www.SamsungRewards.com), through the Samsung Pay application (the “Pay App”), or through the Shop Samsung application (“Shop Samsung App”) with the email address associated with his/her Samsung Account and agree to these Terms and Conditions. Continued participation in the Program constitutes each Participant's continued full and unconditional agreement to these Program Terms and Conditions, as they may be updated from time to time (“Rules”), and representation that Participant meets the eligibility requirements set out in these Rules. Those who do not comply with these Rules may be prohibited from participating in the Program as determined by Sponsor in its sole discretion. There is a limit of one (1) Rewards Account per person/e-mail address, regardless of whether more than one person uses the same e-mail address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant.

3. Participant's Personal Information: To learn how Sponsor will use the personal information collected in connection with the Rewards Account and/or this Program, read Sponsor’s Privacy Policy: https://account.samsung.com/membership/pp and where Participant earns Points using Samsung Pay, the Samsung Pay Privacy Notice: http://117.p.syniva.es/us/support/answer/ANS00045961/997435235

4. Receive Notifications From Sponsor: By accepting these Rules and signing up for the Program, Participants hereby agree to receive email messaging to the email address associated with his/her Samsung Account as set forth in Sponsor’s Privacy Policy https://account.samsung.com/membership/pp and/or push notification messages to their Samsung Mobile Device from Sponsor for promotional, information and/or other purposes.

C. Duration, Modification and Termination of the Program

1. Sponsor also reserves the right to suspend or modify the Program, at its discretion, at any time with or without notice. Termination, modification or suspension may affect a Participant's ability to redeem accumulated Points. Participants will be able to redeem Points at any time as set forth in Section E below.

2. A Participant's continued participation in the Program constitutes his or her acceptance of any changes to these Rules.

D. Earning Points

1. Earning Points through the Pay App.

To earn Points via the Pay App you must:

• activate and register the Pay App on your “Qualifying Device” (please check www.Samsung.com/pay for list of Qualifying Devices as well as the Pay App version requirement.)
• register a qualifying credit card or debit card with the Pay App ("Qualifying Card"). Not all cards are compatible; check the Samsung Pay Support page for a compatibility list: http://117.p.syniva.es/us/support/owners/app/samsung-pay. Private label (PLCC) cards and the Samsung Rewards Visa® Prepaid card are not eligible. Bank of America debit cards registered with the Pay App prior to 3/31/16 and Bank of America U.S. Trust Visa debit cards registered with the Pay App prior to 11/9/16 both need to be deleted and re-added to be eligible; and
• have a mobile plan with a U.S. carrier that is compatible with the Pay App for a Qualifying Device.

(a) You will earn Points for purchases using the Pay App made with a Qualifying Device, using a Qualifying Card, herein a "Qualifying Transaction" or “Qualified Transaction.” A Qualifying Transaction is complete once you authorize a payment and it is successfully completed. If multiple transactions are made within five (5) minutes of each other, Participants will only earn Points for one (1) Qualified Transaction in these circumstances. Limit: Participants may earn Points for up to 50 Qualified Transactions through Samsung Pay each month.

(b) You will also earn Points for each gift card purchase you make through the Pay App Store so long as you are using at least Version 3.7.11 of the Pay App. (“Gift Card Purchase”). Gift card value and purchase volume limitations apply.

(c) Tier Status and Points Earned for Qualified Transactions and Gift Card Purchases. The number of Points that you will earn for each Qualified Transaction or Gift Card Purchase (must have downloaded at least Version 3.7.11 of the Pay App) will depend on your current "Tier" status. Your Tier status is based on the cumulative number of Qualified Transactions you have made in the current calendar month as set forth in the table below.  

* Points earned through purchase of Qualified Products or Qualified App Products (defined below in Sections D.3 and D.5) do not earn Points and will not affect Samsung Pay Tier Status.Participant can earn a Tier status at any point in the month by making the required number of cumulative Qualified Transactions. That Tier status will remain in effect as the minimum Tier Status for the following full calendar month only (through the last day of the month at 11:59 p.m. Eastern Time). Participants must requalify for future calendar months

For example: If you make twenty-five Qualified Transactions in Month 1, you will earn Points based on your "Platinum" status for the remaining days of Month 1. You will also maintain your “Platinum” Status for all of Month 2. If you only make eighteen (18) Qualified Transactions in Month 2, your status as of the beginning of Month 3 will now be Gold.

(d) Earn Points by Visiting Special Locations Announced by Samsung Pay: From time to time, Participants can earn Points through the Pay App by visiting a designated location (i) Offer Details: The designated location and name of third party entity associated with the location (if any), number of Points offered, the time period for participation, and all offer terms and conditions will be displayed within the Pay App, including any applicable terms and conditions from participating third parties. The offer may only be available while supplies last. (ii) Participant Requirements: Participants must have activated and registered Samsung Pay on their Qualifying Device and must have version 3.7.05 and above of the Pay App. Participant must have location services enabled for the Pay App and agree to notifications from Pay App in order to be alerted about the availability of Points near Participant’s location. Participant will be offered the opportunity to “Claim Points” once they are within close range of the designated location.

(iii) Limitations: Participants may not receive notifications of all Point offers even when in close proximity to a designated location. Participant may only claim Points from a particular offer one (1) time. Consumers who have not yet joined the Samsung Rewards Program but tap “Claim Points” will not receive Points unless and until they enroll in the Samsung Rewards Program. Such Points will be forfeited if consumers fail to enroll in the Samsung Rewards Program within 6 months of the date that they “claim” the Points. 3. Earning Points through Purchase of Select Samsung Products (no Qualifying Device required)*: *This method of earning points may not be available to residents of Puerto Rico and the United States Virgin Islands. (a) Sponsor will offer Points for purchase of select products through Samsung.com and the Shop Samsung App as identified on the product detail page, herein a “Qualified Product.” Products deemed to be Qualified Products may change or be discontinued, at any time and without notice. Participant will earn Points as follows:      i. Participants must be logged into their Samsung Account during purchase check out of a Qualified Product(s).      ii. Participant will receive Points based upon the final cost paid at check out (whether paid-in-full or approved for Samsung or other financing) of Qualified Product(s). The final cost will be calculated after all discounts, including use of Points to purchase, coupons, promo codes and gift certificates have been redeemed and will not include shipping or taxes or other fees, if any. The number of Points that will be earned will be displayed after check out.

     iii. Points will be credited to Participants Rewards Account once applicable return periods have lapsed after delivery date of Qualified Products Purchases or where applicable after chargebacks are complete.      iv. If Participant is not logged into their Samsung Account during the purchase process for a Qualified Product, Participant forfeits the ability to request Points at a later time.

     v. Points earned through purchase of Qualified Products will not affect Samsung Pay Tier Status.

(b) Sponsor may offer Points for purchase of specific Samsung products through particular retailers for limited time periods, herein “Qualified Retailer Purchase.” Participants will be required to upload receipts displaying Qualified Retailer Purchase and provide all other required information as proof of purchase. For each such offer, Sponsor will provide terms with details, limitations and when Points will be credited to Participant’s Rewards Account.

(c)If a Qualified Product Purchase or Qualified Merchant Purchase is returned for any reason after Points have been credited, Sponsor reserves the right to deduct the corresponding Points from Participant’s Rewards Account.

4. Earning Points through other Special Offers:Sponsor may also offer Points through promotional offers to some or all Participants for limited time periods. These offers may be communicated through the Pay App and other Samsung Apps, or as prizes in promotional games, including promotional games in the Rewards Catalog. Each offer or game will provide details and terms articulating how to participate and when Points will be credited to Participant’s Rewards Account. Sponsor may notify eligible Participants with this special opportunity through push notifications and/or to the email address associated with their Samsung Account. E. Buy Points (Available through Samsung Pay on Qualifying Device only)
1. Participants who have the Pay App may buy Points in specified bundles using a Qualifying Card. The price for each bundle is displayed within the Pay App and may change without notice.

2. Participants may buy up to 10,000 Points per day per Qualifying Device and per Samsung Account and a maximum of 125,000 Points annually per Qualifying Device and per Samsung Account.

3. All transactions to buy points are final. Once the transaction is complete the Points may not be returned under any circumstance.

4. Points purchased may be used for any Rewards included in the Reward Catalog and are subject to all terms and conditions of the Samsung Rewards Program, including expiration.

5. Points purchased will not qualify Participant for a change in Tier Status.

6. Participants may not sell, barter or otherwise conduct any unauthorized distribution of any Points purchased. If any Points purchased by Participant are resold, distributed or used for improper purposes as determined by Sponsor in its sole discretion, or obtained through credit card abuse or fraud or other illegal means, Sponsor may cancel, void, or refuse to honor transaction to buy Points. Sponsor reserves the right, in its discretion, to prohibit Point purchase transactions by a Participant who Sponsor determines has acted in has violation of these requirements.

F. Point Value, Forfeiture of Points, & Viewing Points

1. No Cash Value or Transferability. Points do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale or transfer of Points is strictly prohibited. Points may not be sold on any secondary market, and any transfer of Points to a secondary market shall be deemed void. Any Points remaining in a Participant’s Rewards Account if the Program is canceled will be forfeited without compensation. There shall be no carry over or transfer of Points to other Sponsor programs, unless otherwise determined by Sponsor in its sole and absolute discretion.

2. Point Expiration. Points earned will expire at the end of the calendar month one year after they are earned.

3. Accrued Points Viewable in Participant’s Rewards Account. The number of Points collected by each Participant will be tracked in the Participant’s Samsung Rewards Account. Unless otherwise stated, once Points are earned they will be credited to Participant’s account within approximately twenty-four (24) hours. However, each Participant will have the responsibility of ensuring that his/her Points are properly credited. Any claim for Points not credited accurately must be received by Sponsor within seven (7) days of the date of claimed accrual of such Points. Manual issuance of Points can take up to sixty (60) days. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Points summaries or Participant Reward Account. Sponsor reserves the right to invalidate Points from a Participant Rewards Account if it determines that such Points were improperly credited or obtained fraudulently. Sponsor reserves the right to require proof of accrual of Points and Sponsor reserves the right to delay the processing or redemption of any Points without notice to Participants in order to assure compliance with these Rules. Participants are responsible for maintaining the confidentiality of their Participant Rewards Accounts and passwords and for restricting access to their Devices and activity on their Participant Rewards Account, and Participants agree to accept responsibility for all activities that occur under their Rewards Account. Without limiting any other remedies, Sponsor may suspend or terminate a Participant’s Reward Account if Sponsor suspects that a Participant has engaged in fraudulent activity in connection with the Program. Participation in the Program is subject to these Rules, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Rules or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Program, as well as forfeiture of Points accrued to date, all as determined by Sponsor in its sole discretion.

G. Redeeming Points Earned

Points may be used to purchase items in the Rewards Catalog or to purchase Qualified Products through Samsung.com or the Shop Samsung App at any time once they have accrued Points. The total number of Points Participants can use is the number of Points available in their Rewards Account.

1. Purchasing Items from the Rewards Catalog

     a) There will be two (2) Rewards Catalogs available to Participants. One will be available at www.SamsungRewards.com and the other will be available within the Pay App. Sponsor will provide some exclusive content in the Rewards Catalog hosted within the Pay App. Participants may purchase items with accrued Points through either Catalog.

     b) To purchase items from the Rewards Catalog, follow the links and instructions to browse through the Rewards Catalog. Once Participant has located an item he or she would like to purchase, he or she can purchase the item by clicking on the "Redeem" button. Participant will receive confirmation that the item has been purchased and the associated Points will be deducted from his/her Rewards Account.

     c) Sponsor reserves the right to modify the list of items available for purchase, as well as their corresponding Point values, at any time for any reason.

     d) All purchases are for items from the Rewards Catalog are final and the Points will be deducted from Participant's Rewards Account.

     e) Sponsor reserves the right to substitute an item advertised with an item of equal or greater value if due to unavailability or for any other reason.

     f) Participants will receive confirmation emails notifying them when they purchased an item through the Rewards Catalog.

     g) Fulfillment process and timing will vary depending on the Reward purchased through the Rewards Catalog. Details will be provided at the time of purchase.

     h) Except as otherwise provided herein, no refunds will be provided on any purchased item. If for any reason a purchased item is received damaged, becomes unavailable, or cannot be fulfilled, Sponsor, in its sole discretion, reserves the right to replace the purchased item with a similar item of equal or greater value.

2. Using Points to Purchase items on Samsung.com, the Shop Samsung App, the Galaxy Store App or Galaxy Themes App restrictions apply; may not be available to residents of certain territories.

     a) Points may be used to purchase, or partially purchase, a Qualified Product(s) offered within Samsung.com or the Shop Samsung App when Participant is logged into their Samsung Account. Note: Products deemed to be “Qualified Products” may change or be discontinued at any time and without notice.

     b) Points may be used to purchase, or partially purchase, Qualified App Product(s) offered in the Galaxy Store App and Galaxy Themes App if Participant has added “Points and coupons” as a method of discount within the Galaxy Store (version 4.5.01 or higher required) and and Galaxy Themes Apps (version 4.3.00 or higher required). Partial purchase with Points is only available to Participants whose Points balance is insufficient to cover the total purchase.

     c) The number of Points available to use for the purchase and its corresponding discount to purchase may be displayed during check out.

     d) Points may not be used to pay for shipping or taxes or other fees, if any.

     e) Upon completion of check out, the Points will be deducted from Participant’s Rewards Account. The deduction of Points is final and except as described below in subsections (f) and (g), Points will not be returned.

     f) Where return or cancellation of a Qualified Product(s) are permitted, Points will be returned to Participant upon cancellation or once Sponsor confirms satisfactory return of the applicable Qualified Product(s). Qualified App Products may not be returned or canceled and therefore Points cannot be returned.

     g) Where both cash and Points are used for a purchase or where multiple Qualified Products are purchased but not all Qualified Products are satisfactorily returned, the Points returned to Participant will be provided on a pro-rata basis.

I. Donate Points (Available through Samsung Pay on Qualifying Mobile Device only)

1. Select any number of Samsung Rewards Points (up to the amount of your current balance in your Rewards Account) and follow the directions to confirm your wish to have Samsung make a donation to an available charity. At the end of each quarter, Samsung will donate $1 for each donation of 250 Samsung Reward Points to the selected charity.

2. Once Samsung Rewards Points are donated, the transaction cannot be reversed or undone.

3. Participant should consult with a tax adviser regarding whether this donation is deductible under U.S. tax rules and regulations.

J. Taxes

1. Participants are responsible for the payment of all taxes which may result from participation in the Program.

2. Participants may be required to complete tax documents, including an IRS W-9 or equivalent, in order to receive prizes won through promotional games in the Rewards Catalog or if they win an aggregate value of $600 in prizes in one calendar year. Participant will then receive an IRS Form 1099 reporting the total value of all prizes won for the applicable calendar year.

K. General Terms and Conditions

1. Sponsor reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Rules or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

2. Any attempt by any person to undermine the legitimate operation of the Program 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 of these Rules shall not constitute a waiver of that, or any other, provision.

3. The Program is provided to individuals only. Corporations, associations, including school organizations, or other groups may not participate in the Program.

4. All questions or disputes regarding eligibility for the Program, the availability of items, or a Participant’s compliance with these Rules will be resolved by Sponsor in its sole discretion.

5. Sponsor is not responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.

6. Participants are responsible for the payment of all taxes which may result from participation in the Program.

7. Participants are responsible for maintaining updated contact information associated with their Samsung ID.

8. The Program is subject to all applicable laws and regulations.

L. Limitation of Liability

1. Sponsor, and its parent, subsidiary, affiliate, franchisees, and related companies, and each of its and their respective officers, directors, employees, shareholders, agents and promotional and advertising agencies, successors, assigns (collectively the “Released Parties”) are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any web site or any combination thereof. In the event that the Pay App and/or the Rewards Program is temporarily corrupted and suspended, notice of such will be provided and Participants will be advised to (1) not redeem Points until such time that the Program, as originally intended, may be resumed and (2) that Qualified Transactions during this time period completed will not generate Points for the Participant.

2. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Sponsor and their respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, including, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party.

3. 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 SAMSUNG AND ITS LICENSORS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONSOR’S 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.

4. Released Parties are not responsible for any products or services offered in the Rewards Catalog other than those manufactured by Sponsor. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE PROGRAM, including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

5. As a condition of participating in the Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Program or any item purchased therein shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Program, 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 State of New York.

6. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rules, which will otherwise remain in full force and effect.

Sponsored by: Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park, NJ 07660.

© 2018 Samsung Electronics America, Inc. Samsung, and Samsung Pay are registered trademarks of Samsung Electronics Co., Ltd.