TERMS AND CONDITIONS FOR THE SAMSUNG GALAXY A25, A35 AND A55 NATIONAL PROMOTION
Please read these 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. 117.p.syniva.es/za/offer.
All participants during the term of this Promotion agree to be bound by the following Terms and Conditions.
1. Promotion:
1.1 The promotion will be known as Samsung Galaxy A25, A35 and A55 Promotion (“Promotion”).
1.2 The promoter of the Promotion is Samsung Electronics South Africa Proprietary Limited, registration number1994/003872/07 and/or its agencies ("Organiser").
1.3 For the purposes of this Promotion:
1.3.1 “Authorised Partner” means where applicable, brick and mortar stores and online sites in respect of MTN, Cell C, Telkom, Vodacom, Samsung Brand Stores, Hi-Fi Corp, The Foschini Group, Incredible Connection, Takealot, Game, Makro, Hirsch, Pep and Ackermans.
1.3.2 “Offer” has the meaning ascribed thereto in clause 5.1 and clause 5.2; and
1.3.3 “Retail Channels” means Samsung Brand Stores, Hi-Fi Corp, The Foschini Group, Incredible Connection, Takealot, Game, Makro, Hirsch, Pep and Ackermans.
2. Promotion and Redemption Periods:
2.1 The Promotion periods are as follows (“Promotion Periods”):
2.1.1 Vodacom 7 November 2024 (00:00) to 6 December 2024 (23:59);
2.1.2 MTN 7 November 2024 (00:00) to 8 December 2024 (23:59);
2.1.3 Cell C 7 November 2024 (00:00) to 10 December 2024 (23:59);
2.1.4 Telkom 6 October 2024 (00:00) to 10 December 2024 (23:59); and
2.1.5 Retail Channels 1 November 2024 (00:00) to 2 December 2024 (23:59).
2.2 The redemption periods are as follows (“Redemption Periods”):
2.2.1 Vodacom 1 November 2024 (00:00) to 15 December 2024 (23:59);
2.2.2 MTN 1 November 2024 (00:00) to 15 December 2024 (23:59);
2.2.3 Cell C 1 November 2024 (00:00) to 15 December 2024 (23:59);
2.2.4 Telkom 1 November 2024 (00:00) to 15 December 2024 (23:59); and
2.2.5 Retail Channels 1 November 2024 (00:00) to 15 December 2024 (23:59).
2.3 The duration of the Promotion Periods and Redemption Periods may be extended or curtailed at the sole discretion of the Organiser.
3. Who may enter:
3.1 Where the participant is a natural person, that participant must:
3.1.1 be a citizen of the Republic of South Africa and/or a legal resident of South Africa;
3.1.2 be 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 18 (eighteen) 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 or applicable residency permit;
3.1.5 have made a valid purchase of a Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device with a valid IMEI number, within the Republic of South Africa from an Authorised Partner for cash at retail selling price or on contract;
3.1.6 be in the possession of a valid proof of purchase for the applicable Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device with verifiable details, in the discretion of the Organiser.
3.2 Where the participant is a business (which for the purposes of these Terms and Conditions shall include a trust) (“Business”), the Business must:
3.2.1 be duly registered and incorporated or otherwise lawfully established in the Republic of South Africa and not restricted in terms of its constitutional documents from participating in the Promotion, with a domicilium address situated within the Republic of South Africa;
3.2.2 be represented by a duly authorised individual ("Representative") who resides in the Republic of South Africa at the date of the commencement of the Promotion Period and is at least 18 (eighteen) years old at the date of the commencement of the Promotion Period;
3.2.3 the Representative must be at least 18 (eighteen) years old at the date of the commencement of the Promotion Period;
3.2.4 have made a valid purchase of a Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device with a valid IMEI number, within the Republic of South Africa from an Authorised Partner;
3.3 By participating in the Promotion, the Representative confirms to be the appointed person responsible for claiming the Offer on behalf of the Business and following the redemption steps set out in clause 7.2.
3.4 Participation in this Promotion includes the Organiser, its 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, if they personally purchased a Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device for their own personal use.
4. How to qualify for the Promotion:
4.1 In order to qualify for the Promotion, the participant must within the Promotion Period:
4.1.1 be a participant as set out in clause 3.1 or clause 3.2;
4.1.2 have made a valid purchase of a Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 in cash at retail selling price or on contract, with a valid IMEI number, within the Republic of South Africa from an Authorised Partner;
4.1.3 be in possession of a valid proof of purchase with verifiable details as per clause 4.1.2, including a device IMEI number;
4.1.4 have activated the Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device during the Promotion and Redemption Period;
4.1.5 have downloaded the Samsung Members Application from the Samsung Galaxy Store or Google Play Store on the applicable Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 and be a registered subscriber of the Samsung Members Application managed by the Organiser.
5 Offer:
5.1 For contract sign ups and upgrades, the Promotion will afford the participant the opportunity to receive:
5.1.1 1 (one) pair of Samsung Galaxy Buds FE and a Samsung Galaxy Fit3 with the purchase of a Samsung Galaxy A35 or Samsung Galaxy A55 device;
5.1.2 1 (one) pair of Samsung Galaxy Buds FE with the purchase of a Samsung Galaxy A25 device.
5.2 For retail purchases at retail selling price, excluding contract sign ups and upgrades, the Promotion will afford the participant the opportunity to receive 1 (one) pair of Samsung Galaxy Buds FE with the purchase of a Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device.
5.3 The Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted.
5.4 The Offer may differ from that shown on the promotional material with regard to colour and specifications and shall be subject to availability and in the Organiser’s sole discretion to select same.
5.5 The Offer is available on a “while stocks last” basis and the Organiser cannot be held accountable or liable once the stock of the Offer has been depleted.
5.6 If a participant’s claim of the Offer is rejected due to the IMEI number having already been claimed against, the Organiser does not assume any responsibility or any liability to fulfil the redemption of the Offer. The participant should direct the claim of the Offer back to where they purchased the qualifying device.
5.7 Any and all tax implications and liabilities arising as a result of purchasing the Offer will be solely borne by the participant.
5.8 Should a participant cancel the purchase of the Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device and return the device or exchange it for another device, the participant will forfeit the Offer and the Organiser has the right to claim back the Offer and the participant shall be obligated to return the Offer to the Organiser.
6 Can I qualify more than once for the Offer:
6.1 For cash purchases of a Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device from an Authorised Partner at retail selling price, the Promotion is limited to 1 (one) Samsung Galaxy Buds FE per Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 purchased (identifiable by the unique IMEI number) as per clause 5.2.
6.2 For purchases from Authorised Partners on contract, the Promotion is limited to:
6.2.1 1 (one) Samsung Galaxy Buds FE and 1 (one) Samsung Galaxy Fit3 per Samsung Galaxy A35 or Samsung Galaxy A55 purchased (identifiable by the unique IMEI number) as per clause 5.1.1;
6.2.2 1 (one) Samsung Galaxy Buds FE per Samsung Galaxy A25 purchased (identifiable by the unique IMEI number) as per clause 5.1.2.
6.3 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.
7. Redemption of Offer
To redeem the Offer, the participant must follow the following steps and/or instructions.
7.1 For consumer purchases made from an Authorised Partner
Step 1: Purchase, sign up or upgrade to the Samsung Galaxy A25, Samsung Galaxy A35 or the Samsung Galaxy A55 device within the Republic of South Africa from an Authorised Partner during the Promotion Period.
Step 2: Have all current Samsung software updates downloaded and installed from the settings menu on the Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device.
Step 3: Download the Samsung Members Application from the Samsung Galaxy Store or Google Play Store on the Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device.
Step 4: Register for a Samsung Members account, then click on the “Samsung Galaxy A25, Samsung Galaxy A35 and Samsung Galaxy A55 complimentary gift” promotional banner in the “Benefits” section of the Samsung Members Application and follow the prompts.
Step 5: Upload the proof of purchase of the Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device from an Authorised Partner, complete and submit an online form with the participant’s details, which must include the participant’s delivery address and contact information.
Step 6: Upon submitting the online form (referred to in step 5 above) the participant will receive an e-mail confirming that their submission of the online form was successful. In the same email, the participant will receive a reference number that must be used by the participant to escalate any queries pertaining to their submission.
Step 7: Once the Organiser has validated the participant’s online form and proof of purchase of the Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device, the participant will receive a congratulatory message by way of email.
Step 8: The Organiser will then arrange for delivery of the Offer according to the delivery details provided by the participant. The participant will be required to provide the Organiser with a day, time and address to enable delivery of the promotional Offer. Should delivery not be successful, the Organiser will attempt 3 (three) delivery attempts over a 3 (three) week period with 1 (one) delivery attempt per week. After 3 (three) failed delivery attempts the participant will forfeit the Offer.
7.2 For redemption of purchases made by Business to Business customers:
Step 1: Purchase the Samsung Galaxy A25, Samsung Galaxy A35 or the Samsung Galaxy A55 device with valid IMEI numbers within the Republic of South Africa from an Authorised Partner during the Promotion Period.
Step 2: The Representative must email the required documents (as set out below) to the dedicated B2B promotions e-mail address:
Required documents include:
· Proof of purchase.
· Excel document with all IMEI numbers, in the event that the IMEI numbers are not on the proof of purchase.
· Business registration certificate (CIPC document).
· Company resolution signed by the company directors or a Letter of Authority for claimant signed by authorised owner/director ID copy of authorized person as per point above
· Delivery address.
Step 3: Upon submitting the supporting documents to:
[email protected], the participant will receive an e-mail confirming that their submission was received.
Step 4: Once the Organiser has validated the participant’s submission, the participant will receive a congratulatory message by way of email.
Step 5: The Organiser will then arrange for delivery of the Offer according to the delivery details provided by the participant. The participant will be required to provide the Organiser with a day, time and address to enable delivery of the promotional Offer. Should delivery not be successful, the Organiser will attempt 3 (three) delivery attempts over a 3 (three) week period with 1 (one) delivery attempt per week. After 3 (three) failed delivery attempts the participant will forfeit the Offer.
7.3 No requests for redemption of the Offer in respect of the Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 device, purchased during the Promotion Periods will be accepted or processed after the Redemption Periods, as specified in clause 2.2, have ended. Should the participant fail to supply a valid proof of purchase through the Samsung Members Application, the Offer will be forfeited.
7.4 Participants who encounter any technical issues when redeeming the Offer must contact the Organiser for assistance by telephone at the following telephone number: +27 (0) 87 655 0512.
7.5 The Organiser 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.
7.6 Errors and omissions may be accepted at the Organiser's sole discretion. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.
7.7 It is the participant’s responsibility to ensure that any information provided to the Organiser is accurate, complete and up to date.
7.8 The Offer for participating individuals, as defined in clause 3.1 and Business to Business Representatives, as defined in clause 3.2 can only be redeemed through the Samsung Members Application.
7.9 The Organiser will not be responsible for any costs associated with the redemption process of the Offer.
8. Business Entities
Where the participant is a Business, as defined in clause 3.2 that has purchased multiple Samsung Galaxy A25, Samsung Galaxy A35 or Samsung Galaxy A55 devices, the following additional provisions shall apply.
8.1 By its participation in the Promotion the participant and the Representative warrant to and in favour of the Organiser that:
8.1.1 the participant is duly authorised in terms of its constitutional documents to enter into the Promotion and receive and/or redeem an Offer, should an Offer be awarded to it;
8.1.2 the Representative has been duly authorised to represent and bind the participant;
8.1.3 all internal requirements have been met in order to permit the participation of the participant in the Promotion.
8.2 In addition to clause 8.1, the participant must attach a letter, signed by an authorised representative, on the participant’s business letterhead confirming:
8.2.1 that the Offer is intended for internal distribution and/or use within its organisation and is not for resale to any natural persons or other juristic or business entities (as the warranty only applies to initial purchaser);
8.2.2 the identified account administrator acting on behalf of the participant, has the requisite authority to act on behalf of the participant;
8.2.3 the delivery address for the Offer to be delivered for the attention of the account administrator.
8.3 Where the provisions of the Consumer Protection Act may not apply to the participant, the participant nevertheless consents to the application of the Consumer Protection Act to it.
8.4 The participant will be required to provide proof of its authority and the authority of the Representative, to the Organiser upon request. Failure to provide sufficient proof, in the sole and absolute discretion of the Organiser, shall result in the participant forfeiting any rights or claims that it may have in and to the Offer and the Promotion.
8.5 Should the participant cancel the purchase of the qualifying devices and return the devices or exchange it for another device, the participant forfeits the Offer and the Organiser has the right to claim back the Offer.
9. Terms of Delivery:
9.1 Delivery will take place approximately 7 (seven) to 14 (fourteen) working days after validation by the Organiser and only to addresses within the borders of the Republic of South Africa.
9.2 The Organiser does not accept any responsibility for late or non-arrivals and/or any damage to the Samsung Galaxy Buds FE and/or Samsung Galaxy Fit3 (as applicable) that may arise during delivery to the participant.
9.3 Sales representatives employed at participating stores may not claim the Offer on behalf of a purchasing customer. Participants must redeem the Offer on their own behalf.
9.4 Delivery will take place at the participant’s valid and correct delivery details supplied by the participant through the Samsung Members Application. The participant will be required to provide the Organiser with a day, time and address to enable delivery of the Offer. Should delivery not be successful, the Organiser will conduct 3 (three) delivery attempts over a 3 (three) week period with 1 (one) delivery attempt per week. After 3 (three) failed delivery attempts the participant will forfeit the Offer.
9.6 Should the participant fail to supply correct and valid delivery details upon redemption of the Offer through the Samsung Members Application, the Offer will be forfeited.
9.7 Delivery will occur by way of courier and the Organiser does not accept any responsibility for late or non-arrivals and/or any damage to the Offer that may arise during its delivery to the participant.
9.8 The applicable participant must present a valid identity document at the time of delivery.
9.9 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.
10. Limitation of Liability:
10.1 To the extent permitted by Consumer Protection Act No 68 of 2008 and any other applicable law:
10.1.1 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 participation in the Promotion;
10.1.2 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);
10.1.3 all personal information exchanged with the usage of third party applications will not be monitored or controlled by the Organiser. The participant bears the responsibility to ensure that it is aware of the terms and conditions applicable to usage of third party applications. The participant understands and agrees to indemnify the Organiser from all liability arising from whatsoever nature.
11. General:
11.1 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 11.2.
11.2 Participants acknowledge and accept that the Organiser shall utilise a third party to contact the participant, in the event that the participant qualifies for the Promotion, and arrange delivery of the Offer. In order to affect the contacting and delivery process, the Organiser’s shall provide the participant’s information to such third party and the participant by participating in this Promotion expressly consents to such disclosure.
11.3 By participating in the Promotion, the participants agree that the Organiser 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 Organiser for such purpose. The Organiser may also use the personal data collected from the participants as described in the Privacy Policy accessible at 117.p.syniva.es and that such use may include transfers to the Organiser’s affiliates and third party service providers in any country. 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 Organiser. Without derogating from the aforegoing, the participants and the Representatives (where applicable) specifically consent to the collection and processing of their details and information by the Organiser and their affiliates for the purposes of the Promotion.
11.4 The Organiser 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 the publication of their images and participating in the Organiser’s marketing material in so far as it relates to the Promotion.
11.5 Information regarding the Promotion that is published in authorised advertising material will also form part of the terms and conditions of the Promotion.
11.6 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 117.p.syniva.es/za/promotions. The onus rests on the participant to constantly check the website for updates to the terms and conditions.
11.7 The participant is bound by the Samsung Members application terms and conditions, where more specifically, only 1 (one) account per Samsung Galaxy A25, Samsung Galaxy A35, or the Samsung Galaxy A55 is permitted to be registered for use of the Samsung Members application. 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.
11.8 The Samsung Members application is downloadable from Galaxy Store and Google Play Store and it is supported on the Samsung Galaxy A25, Samsung Galaxy A35 and the Samsung Galaxy A55 device. 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.
11.9 Data charges may be incurred for downloading the Samsung Members application which will be for the cost and account of the participant. Network rates apply.
11.10 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, unauthorised intervention or fraud, the Organiser reserve the right, in its sole discretion, to the fullest extent permitted by law to disqualify any entrant or modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities, where applicable.
11.11 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 or termination shall be deemed to have taken effect from the date of publication on the Organiser’s website 117.p.syniva.es/za/promotions. No liability shall lie against the Organiser in favour of any participant, and/or third party arising from such cancellation, suspension or termination. Accordingly, the participant waives any right which they may have against the Organiser and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Organiser.
11.12 This Promotion is governed by these terms and conditions, as well as those of the relevant authorised participating stores, associated with this Promotion.
11.13 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.
11.14 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 and the participants hereby consent and submit to the jurisdiction of the courts of South Africa.
11.15 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 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, epidemic, pandemic, 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.
11.16 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
11.16.1 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;
11.16.2 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.
12. Consumer Protection Act:
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.
