Samsung Store Galaxy S8 Phone Package Promotion TERMS AND CONDITIONS

Transcription

1 Samsung Store Galaxy S8 Phone Package Promotion TERMS AND CONDITIONS 1. Instructions on how to enter and the Prize (defined below) form part of these terms and conditions ("Terms and Conditions"). Participation in this 'Samsung Store Galaxy S8 Phone Package Promotion' ("Promotion") is deemed acceptance of these Terms and Conditions. This Promotion is not valid in conjunction with any other promotion or offer. 2. The promoter is Samsung Electronics Australia Pty Ltd, ABN , of 3 Murray Rose Avenue, Sydney Olympic Park, NSW 2127 ("Promoter" or "Samsung"). 3. The Promotion is a game of skill for a Prize that may be won by an Eligible Entrant who submits an Eligible Entry in accordance with these Terms and Conditions (capitalised terms defined below). 4. The Promotion commences at 9:00 am (AEST) on Friday 28 April 2017 and closes at 6:00 pm (AEST) on Friday, 26 May 2017 ("Promotional Period"). 5. For the purposes of these Terms and Conditions: a) "Criteria" means being interesting and original; b) "Event Week" means each of: i. Friday, 28 April 2017 to Thursday, 4 May 2017; ii. Friday, 5 May 2017 to Thursday, 11 May 2017; iii. Friday, 12 May 2017 to Thursday, 18 May 2017; and iv. Friday, 19 May 2017 to Friday, 26 May 2017; c) "immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-cousin or first cousin; d) "Prize" means: i. one (1) Galaxy S8 handset device, model number [SM-G950FZKAXSA] valued at $1,199; ii. one (1) Gear VR, model number [SM-R324NZAAXSA], valued at $199; iii. one (1) DeX, model number [EE-MG950BBEGWW valued at $199; and iv. one (1) Gear 360 model number [SM-R210NZWAXSA] valued at $399; e) "Samsung Retail Store" means any of the following stores known as a Samsung Experience Store : i. Samsung Chatswood - Westfield Chatswood, 1 Anderson St, Chatswood NSW, 2067; ii. Samsung Parramatta - Westfield Parramatta, Church St, Parramatta NSW, 2150; iii. Samsung Liverpool - Westfield Liverpool, Macquarie St, Liverpool NSW, 2170; iv. Samsung Miranda - Westfield Miranda, 600 Kingsway, Miranda NSW, 2228; v. Samsung Doncaster - Westfield Doncaster, 619 Doncaster Rd, Doncaster VIC, 3108;

2 vi. vii. Samsung Fountain Gate - Centre Court Westfield Fountain Gate, 352 Princess Hwy, Fountain Gate VIC, 3805; Samsung Garden City - Centre Court Westfield Garden City, Logan Rd & Kessels Rd, Upper Mount Gravatt QLD, 4122; viii. Samsung Carindale - Westfield Carindale, 1151 Creek Rd, Carindale QLD, 4152; ix. Samsung Southland - Westfield Southland, 1239, Nepean Hwy, Cheltenham VIC, 3192; x. Samsung Chermside - Westfield Chermside, Cnr Gympie & Hamilton Rds Chermside QLD, 4032; xi. Samsung Penrith - Westfield Penrith, 585 High St, Penrith NSW, 2750; xii. Samsung Robina - Robina Town Centre, 19 Robina Town Centre Dr, Robina QLD, 4230; xiii. Samsung Marion - Westfield Marion, 297 Diagonal Rd, Oaklands Park SA, 5046; xiv. Samsung Carousel - Westfield Carousel, 1382 Albany Hwy, Cannington WA, 6107; xv. Samsung Erina Fair - Erina Fair, Terrigal Drive, Erina NSW, 2250; xvi. xvii. Samsung Bondi Junction - Westfield Bondi Junction, 500 Oxford St, Bondi Junction NSW, 2022; Samsung Chadstone - Chadstone Shopping, Centre, 1341 Dandenong Rd, Chadstone VIC, 3148; xviii. Samsung Northland - Northland Shopping Centre, 2-50 Murray Road, Prestons VIC, 3072; xix. Samsung George St George St, Sydney NSW, 2000; xx. xxi. Samsung Melbourne Central - Shop Level 2 Melbourne Central Shopping Centre, 211 La Trobe St, Melbourne VIC, 3000; Samsung Highpoint - Level 2 Highpoint Shopping Centre, Rosamond Rd, Maribyrnong VIC, 3032; xxii. Samsung Hornsby - Westfield Hornsby, 236 Pacific Hwy, Hornsby NSW, 2077; xxiii. Samsung Joondalup - Lakeside Joondalup Shopping Centre, 420 Joondalup Dr, Joondalup WA, 6027; xxiv. Samsung Pacific Werribee - Pacific Werribee, Derrimut Rd & Heaths Rd, Werribee VIC, 3030; xxv. Samsung Macquarie - Macquarie Centre, Cnr Herring & Waterloo Rds, North Ryde NSW, 2113; xxvi. Samsung Warringah - Westfield Warringah Mall, Cnr Condamine St & Old Pittwater Road, Brookvale NSW, 2100; and xxvii. Samsung Tea Tree - Westfield Tea Tree Plaza, 976 North East Rd, Modbury SA, 5092; f) "Samsung Website" means the Promoter s website accessible via the URL: and g) "$" is a reference to Australian dollars.

3 Privacy 6. Samsung collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers and, as required, to Australian regulatory authorities. Validity of an Eligible Entry is conditional on providing this information. Samsung may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning an entrant. Entrants acknowledge that the information they provide will be collected by or on behalf of Samsung and may be disclosed to other group companies and to third parties that help Samsung deliver its products and services (including suppliers, contractors, dealers, agents and business partners) or as required by law. Some of these parties may be located outside of Australia, including in Singapore, Korea and the Philippines. Entrants acknowledge that by giving consent to the disclosure of their personal information to the overseas recipients, Samsung will not have an obligation to take reasonable steps to ensure that these overseas recipients do not breach Australian privacy law in relation to that information. In particular, the entrant acknowledges that in providing their consent, Samsung will not be accountable under the Privacy Act 1988 (Cth) and the entrant will not be able to seek redress under the Privacy Act 1988 (Cth). However, where practicable in the circumstances, Samsung will take reasonable steps to ensure that overseas recipients use and disclose such information in a manner consistent with Samsung s privacy policy. Entrants should direct any request to access, update or correct information to Samsung s Privacy Officer at the details provided below. These Terms and Conditions are deemed to incorporate Samsung's privacy policy and by entering the Promotion (whether or not as an Eligible Entrant), each entrant accepts the terms and conditions of Samsung's privacy policy. For further details see 7. By participating in this Promotion, each entrant grants to the Promoter an irrevocable, indefinite licence to use any content provided in their entry (whether or not an Eligible Entry) including their name, likeness, image and/or voice (including photograph, film and/or recording of the same) anywhere in the world for promotional, marketing or publicity purposes without remuneration, fees or royalties of any type or description. Eligibility and entry 8. To enter the Promotion an entrant must, during the Promotional Period: a) be an Australian resident, and be a natural person (and not be a company, business or organisation of any description) aged over 16 years and, if aged under 18 years, obtain the consent of their parent or guardian to enter into this Promotion; b) not be an employee of the Promoter or any agency associated with this Promotion, or any immediate family member of such a person; c) attend a Samsung Retail Store during an Event Week and request and receive a demonstration of the smartphone known as the Samsung Galaxy S8 or the smartphone known as the Samsung Galaxy S8+ from a representative of the Promoter ("Demonstration"); d) after receiving the Demonstration, complete the entry form using the tablet provided by the Promoter s representative ("Entry Form") by: i. providing the following personal information: A. full name; B. date of birth; C. valid address; D. phone number; and E. residential postcode; and

4 ii. answering the following question in accordance with the Criteria: 'Tell us in 25 words or less what you love most about the new Samsung Galaxy S8?' ("Question"); and e) follow any other reasonable directions provided by the Promoter or its representative, (each eligible entry, an "Eligible Entry" and each eligible entrant, an "Eligible Entrant"). 9. There will be one Prize awarded in respect of each Event Week, with four Prizes to be awarded in total. The total number of Eligible Entrants is not limited 10. Each entrant may submit only one (1) Eligible Entry in total, and is eligible to win no more than one (1) Prize. Judging and Prizes 11. The Promoter will compile all Eligible Entries made during each Event Week as soon as practicable following that Event Week. All Eligible Entries submitted during an Event Week will be reviewed by a panel of judges comprised of employees of the Promoter and/or employees of its agent ("Panel"). The Panel will, in its sole and absolute discretion, determine the answer to the Question submitted as part of an Eligible Entry during the Round that best satisfies the Criteria. The Eligible Entrant who submitted that answer as part of their Eligible Entry wins a Prize ("Winner"). 12. The Winner will be contacted by to the address provided to the Promoter on the Entry Form that formed part of their Eligible Entry within 48 hours of selection accordance with clause 11. The will include instructions on how to claim the Prize, and may, in the Promoter s discretion, request reasonable information to confirm a Winner s identity and contact information. At any time during communication with a Winner or with an entrant (whether or not an Eligible Entrant), the Promoter may reasonably request further information from that person. 13. If the Winner is not able to satisfy these Terms and Conditions, forfeits the Prize or cannot be contacted within [forty-eight (48) hours] of notification in accordance with clause 12, that Winner will be deemed to have forfeited their Prize. In those circumstances, the Panel will, in its sole and absolute discretion, determine the answer to the Question submitted as part of an Eligible Entry that best satisfies the Criteria out of the remaining Eligible Entries submitted during the same Event Week. The Eligible Entrant who submitted that answer as part of their Eligible Entry wins the Prize to which the Winner would have been entitled, had they complied with these Terms and Conditions ("Second Chance Winner"). The Second Chance Winner will be notified that they have won a Prize in the same manner as the Winner was notified in accordance with clause The Promoter is not responsibile for a Winner failing to be notified in accordance with clause 12 or failing to receive the Prize due to a failure by that Winner to provide correct personal information to the Promoter, or to notify the Promoter of a change to those details. Errors or omissions may be accepted in the sole discretion of the Promoter. Prize details 15. The Promoter will arrange and pay for each Prize to be delivered to each Winner within 30 days of notification in accordance with clause 12. Each Prize will be delivered to the address provided by each Winner to the Promoter in the course of making their Eligible Entry, or as otherwise notified to the Promoter. Prior to organising delivery of the Prize to the Winner, the Promoter will notify each Winner of the method and timing of delivery of the Prize. It is the responsibility of each Winner to be available or to make arrangements for receipt of the delivery. 16. The Winner is responsible for any ancillary costs associated with redeeming this Promotion, including, without limitation, costs associated with attending a Samsung Retail Store to enter this Promotio, and costs associated with using the Prize, including costs associated with connecting to a telecommunications network and data charges.

5 17. If the Prize is unavailable, the Promoter may, in its discretion, substitute the Prize with a prize of equal or greater value and/or specification. 18. The total value of each Prize is $1,996. The total value of all Prizes that will be awarded under this Promotion is $7,984. Values stated in these Terms and Conditiosn are correct as at [20 April 2017] The Promoter is not responsibe for any variation in the value of the Prize. 19. The Prize is not transferable or exchangeable, and is not redeemable for as cash. General 20. Incomplete or indeciperhable entries will be deemed invalid. The Promoter may, in its absolute discretion, ignore any entry which it deems to be offensive or inappropriate, which includes or is suspected of including or breaching third party intellectual property rights, or which otherwise fails to comply with these Terms and Conditions. Errors or omissions may be accepted in the Promoter's absolute discretion. 21. The Promoter s decision is final and no correspondence will be entered into. 22. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including, without limitation, an entrant s identity, age and place of residence), and may request photo identification from an entrant (which the entrant must provide to the Promoter) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. The Promoter s decision is final and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 23. 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 Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to (a) disqualify any entrant; or (b) modify, suspend, terminate or cancel the Promotion, as appropriate. 24. Subject to clause 25, each entrant releases the Promoter (including its respective officers, employees and agents) from all liability (including negligence) for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Promotion including, but not limited to, where arising out of any of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any variation in the value of the Prize that stated in these Terms and Conditions; (d) any entry that is late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (e) any claim, loss, cost or expense in connection with a Prize or any tax liability incurred by an entrant or Eligible Entrant; or (f) any use of a Prize. 25. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) ("CCA") or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or other legislation implies a condition, warranty or term into the Terms and Conditions or provides statutory guarantees in connection with these Terms and Conditions, in respect of goods and services supplied (if any), the Promoter's liability for breach of such a condition, warranty, other term or guarantee is limited to (at the Promoter's election) to the extent it is able to do so: (1) in the case of supply of goods, the Promoter doing any one or more of the following: (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of having the goods repaired; or (2) in the case of supply of services, the Promoter doing either or both of the following: (a) supplying the services again; or (b) paying the cost of having the services supplied again. 26. These Terms and Conditions are governed by the laws of New South Wales. Entrants submit to the non-exclusive jurisdiction of the courts of New South Wales. Promotion support is available at:

6 Phone: Privacy Officer contact details: Phone: (02)