TERMS AND CONDITIONS FOR THE SAMSUNG GALAXY S8 or S8+ SPRING BREAK 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. Please refer to this website for the current Terms and Conditions for this Promotion. 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: The Samsung Galaxy S8 or S8+ Spring Break (SM-G950F and SM-G955F) Promotion ( 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 Friday 8 September 2017 (00h00) to Sunday 10 September 2017 (23h59) ( the Promotion Period ). 2.2. The Promotion Period may be extended or curtailed at the discretion of the Organizer. 3. Who may enter: 3.1. All participants must: a) Be citizens of the Republic of South Africa and/or a legal residents of the aforesaid country; b) must be currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period; and c) must be a natural person and be at least 18 (eighteen) years old at the date of the commencement of the Promotion Period. 3.2. Participation in this Promotion includes the Organizer, 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 4. How to qualify for the promotion: 4.1. The participant must: Step1: sms Samsung to shortcode 45916 (SMS is charged at R1.50. Free SMSes or minutes do not apply), confirming their confirmation to take part in the Promotion. An automated SMS will then be sent to the participant, which will include a reference number ( Reference SMS ). Step 2: purchase a Samsung Galaxy S8 (SM-G950F) or S8+(SM-G955F) ( Device ) during the Promotional Period. Step 3: send an SMS of the IMEI number of the Device to 45916 (SMS is charged at R1.50. Free SMSes or minutes do not apply), by 15 September 2017 to validate the registration ( Qualifying SMS ). Any SMSes that have not been sent and received by the Organizer by 23:59:59 on 15 September 2017 will be null and void and the Offer will be forfeited. Both the Reference SMS and the Qualifying SMSes must be sent off the same MSDISN (mobile) number. In the event that the participant s MSISDN (mobile) number changes between the time of the Reference SMS and Qualifying SMS, a manual process may be undertaken to validate the registration. It is the participant s responsibility to ensure that they receive a SMS response within 48 hours of entering the Promotion. In the event that no response is received, the participant is required to contact the Organizer on 087 110 0838. If the participant does not follow this process and does not receive a response, their entry will not be considered. If the Organizer has not received this request for the SMS response, the Organizer will assume that the participant has received a response. Any consumer who has unsubscribed from receiving marketing SMSes will not receive the SMS and it is the participant s responsibility to notify the Organizer. The Organizer cannot be held responsible for SMS s not received by participants. Step 4: The participant will be sent a responding SMS with a qualifying code and a link to an online form. Upon receiving such SMS, the participant will be required visit the website, enter both reference number and qualifying code to complete the online form and submit a copy of their proof of purchase indicating the Device that they
purchased, as well as a photograph of the IMEI number of the Device. The participant must have taken delivery of the Device. All online submissions must be completed by 23:59:59 on 15 October 2017. Any entries that have not been completed on the registration platform by 23:59:59 on 15 October 2017 will be null and void and the Offer will be forfeited. It is the responsibility of the participant to ensure their online submission is complete in all respects. Step 5: Once the participant has completed the process online, the participant will receive a responding email confirming their submission. The contents of the participant s entry will be evaluated and if all content is correct, their entry will be verified and the participant will be sent a registration pin code via SMS with a contact telephone number to call when ready to book. The verification (evaluation) period will be ten (10) working days from the date of the online submission. If the contents of the participant s online submission are not verified for whatever reason, the participant will not receive their registration pin code. The responsibility, to ensure that they provide the correct information to facilitate the correct entry, rests with the participant. Step 6: When the participant calls the concierge service, they will be asked to confirm their registration pin code that they received via SMS, and complete a redemption form which must be sent back to the concierge service on the email address provided. Step 7: Once the form has been received by the concierge service, the participant will receive a Protea Hotel by Marriott digital voucher. The participant will be required to make their booking via the specified Protea Hotel by Marriott website. The participant will be required to book their accommodation at least 4 (four) weeks in advance. A copy of the participant s ID document may need to be submitted when making the booking. 4.2. The participant has 1 (one) year from receiving their registration pin code to redeem the Offer. Any voucher not used within 1 (one) year of receiving the registration pin code will be forfeited. All travel must be completed by 31 December 2018, failing which the Offer will be forfeited and the participant shall not have any claim against the Organizer as a result thereof. 5. Can I qualify more than once for the Offer:
5.1. The Promotion is limited to 1 (one) Offer per valid Device purchased (along with the unique IMEI number). 5.2. Should there be any dispute in this regard, the Organizer shall be sole adjudicator of the dispute and the Organizer s decision shall be final. 6. Offer: 6.1. The Promotion entitles the participant plus 1 (one) guest to a complimentary BONUS BREAK two-night stay at any of the participating Protea Hotels by Marriott for the two nights inclusive up to the maximum value of R4000.00 (four thousand rand) ( Offer ). Bookings may only be made on the BONUS BREAK package and no other class of accommodation. This BONUS BREAK 2 (two) night stay has the following conditions: a) Accommodation for 2 (two) people for 2 (two) nights in a standard room. Laundry charges, landline calls made from the hotel room, mini bar charges, transport to and from the participant s home and the hotel, in house movies, entertainment, travel insurance, travel, spending money, all meals and alcohol and any other incrementals will be for the participant s own expense. On arrival at the hotel, the participant s credit card details will be confirmed. All costs incurred during the stay will be charged to this credit card when they check out, excluding costs covered by the Organizer; b) No upgrades will be allowed; c) The accommodation is based on availability of the BONUS BREAK packages at the hotels concerned. Bookings for the Promotion have been secured on pre-negotiated BONUS BREAK packages and are subject to availability. The participant can only book on a BONUS BREAK package via the dedicated Samsung Protea Hotel by Marriott website. Publically advertised availability does not recognize or refer to these pre-negotiated packages and is therefore not applicable to this Promotion. Prices and packages given by the hotel or displayed in the press or any other website, may differ to those on offer via the dedicated Samsung Protea Hotel by Marriott website and are not applicable to this Promotion; d) The BONUS BREAK redemption form must be completed and emailed back to the address provided as a pre-requisite for the Offer to be claimed. Forms that are not received within 1 (one) year of the
registration pin code being issued will not be considered and the Offer will be forfeited; e) A Protea Hotel by Marriott voucher number will be allocated to the participant via SMS. A participant who has unsubscribed from receiving marketing SMSes will not receive such SMSes and it is then the participant s responsibility to notify the Organizer on 087 110 0838. The Organizer cannot be held responsible for SMSes not received by participants; f) Once the Protea Hotel by Marriott voucher has been received by the participant, they will be required to book their accommodation online via the dedicated Samsung Protea Hotel by Marriott website. This is the only platform on which bookings for this Promotion can be made. No direct contact, telephonic, email or otherwise with individual hotels, other websites or head office is permitted. The participant will only be able to book at the hotels available on this website for their chosen dates. The web address will be provided to the participant once they have correctly completed the redemption form and sent it back to the email address provided; g) Bookings are subject to availability at time of booking; h) All bookings must be made 4 (four) weeks prior to the check-in date; i) 1 (one) of the guests staying must be the person who purchased the product; j) 2 (two) nights must be taken subsequently at the same hotel; k) The booking confirmation must be presented at the hotel on arrival for check in. The Organizer cannot accept any liability for any failure to present proof of confirmation at check in by the participant, which may result in refusal to accept the reservation; l) Cancellations or changes after confirmation of booking will not be permitted. 6.2. Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted. In no way can this Offer be deducted off the product purchase price in any retailer. 6.3. 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 discretion to select same. 7. Limitation of Liability:
7.1. To the extent permitted by Consumer Protection Act of 2008 and any other applicable law: a) The participant and/or winner(s) hereby indemnifies the Organizer 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. b) the Organizer 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. General: 8.1. In accordance with the confidentiality policies and practices of the Organizer, none of the entry details of any participant in this Promotion will be disclosed or used by the Organizer for any purposes other than for entry into the Promotion and in accordance with clause 8.2 below. 8.2. Participants acknowledge and accept that the Organizer shall utilise a third party to contact the participant, in the event that the participant is a winner, and to arrange delivery of the Offer. In order to affect the contacting and delivery process, the Organizer s shall provide the participant s information to such third party. 8.3. Details of participants will not be used by the Organizer for Samsung related communication should the participants opt-out to receive further communication from the Organizer. 8.4. Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion. 8.5. The Organizer s may in their 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 Organizer s website www.samsung.com/za/offer. The onus rests on the participant to constantly check the website for updates to the Terms and Conditions. 8.6. 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 Organizer, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organizer 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.
8.7. Save as permitted by Law, the Organizer 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 Organizer s website www.samsung.com/za/offer. No liability shall lie against the Organizer in favor 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 Organizer and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Organizer. 8.8. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion. 8.9. 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. 8.10. The Organizer 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 the Offer 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. 8.11. 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; 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. 8.12. Any fraudulent behavior on the part of the participant will result in an immediate cancellation of issued registration pin codes, accommodation vouchers and any accommodation booked and the Organizer reserves any right in law to seek any appropriate legal remedies. The Organizer accepts no responsibility for incomplete, lost, misdirected, illegible, late, or altered registrations. Registrations that do not comply with these Terms and Conditions will be disqualified. The Organizer reserves the right to investigate any participant s actions regarding any aspect of the Offer and the redemption thereof. 8.13. Any participant who, for any reason, returns and/or exchanges any Device purchased during the Promotional Period, shall forfeit their Offer. The participant will then be required to call the concierge service on 087 110 0838 to cancel their
registration and acknowledge that they are no longer able to claim the Offer corresponding to the Device s IMEI number returned and/or exchanged; 8.14. If the participant has already redeemed the Offer and then returns or exchanges the Device, the Organizer reserves the right to claim back the value of the Offer from the participant.