Terms and Conditions for Smart Octopus Add Value Service Fee Rebate Promotion - Phase 3 (these Terms and Conditions ) 1. This Smart Octopus Add Value Service Fee Rebate Promotion Phase 3 (this Promotion ) is an extension of the earlier promotions titled Smart Octopus Add Value Service Fee Rebate Promotion and Smart Octopus Add Value Service Fee Rebate Promotion Phase 2 which expired on 28 February, 2018 (the Previous Promotions ), and organised by Samsung Electronics Hong Kong Co. Ltd. ("Samsung", "us"). This Promotion is open to Samsung s Samsung Pay customers enrolled pursuant to Samsung s Samsung Pay Terms of Service and who have not participated in the Previous Promotions (collectively, Samsung Pay Customers, each, Samsung Pay Customer ). 2. By participating in this Promotion, each Samsung Pay Customer agrees to be bound by these Terms and Conditions. Samsung reserves the right to amend these Terms and Conditions at any time, without prior notice. 3. This Promotion is open to Samsung Pay Customers who uses Samsung Pay on: Available period within the Promotion Period (as defined below) From 1 March, 2018 to 30 April, 2018 (both dates inclusive) From 16 March, 2018 to 30 April, 2018 (both dates inclusive) From 22 March, 2018 to 30 April, 2018 (both dates inclusive) Types of eligible device under this Promotion Galaxy Note8, S8+ or S8; Galaxy S9+ or S9 Galaxy A8+ which, for the purpose of this Promotion, shall collectively be referred to as Eligible Devices, each, an Eligible Device"). 4. Each Samsung Pay Customer, who, during the Promotion Period (as defined in Section 5 below): (a) is an existing holder of a valid Smart Octopus (the Eligible Smart Octopus ), issued by our partner, Octopus Cards Limited ( OCL ) subject to the Conditions of Issue of Octopus ( Conditions of Issue of Octopus ) published by OCL (as amended from time to time) in Samsung Pay on an Eligible Device or has successfully added a valid Smart Octopus in Samsung Pay on an Eligible Device during the Promotion Period; and (b) has conducted an add value transaction to add value to the Eligible Smart Octopus with any of the Visa or Mastercard registered under his/her said Samsung Pay (each, Add Value Transaction ); 1
will be considered as a successful participant of this Promotion (each, a Participant under this Promotion ). 5. The promotion period of this Promotion (the Promotion Period ) will commence from 1 March, 2018 00:00 Hong Kong time until 30 April, 2018 23:59 Hong Kong time. 6. Any Smart Octopus which is added in Samsung Pay on an Eligible Device previously being issued with another Smart Octopus, or is added to any Eligible Device without using Samsung Pay, or any unsuccessful addition of Smart Octopus, or any unsuccessful addition of value to Smart Octopus with credit card registered under Samsung Pay shall not be considered as an Eligible Smart Octopus. 7. Subject to (a) the maximum quota of 66,000 of the total of Participants under this Promotion and Winners (as defined in the Previous Promotions) under the Previous Promotions, and (b) Clause 10 of these Terms and Conditions, each Participant under this Promotion who has fulfilled all the requirements under Clause 4 of these Terms and Conditions (the Winner under this Promotion ) will be eligible to receive a rebate equivalent to the amount of Add Value Service Fee (as defined in the Conditions of Issue of Octopus), currently at the rate of 2.5% of the add value amount, for each Add Value Transaction (the Rebate ) up to cumulative aggregate amount of Add Value Transactions of HK$1,000. Each Winner under this Promotion shall only be eligible to receive a maximum amount of HK$25 as the Rebate under this Promotion. 8. Calculation of the Add Value Service Fee shall be rounded to the nearest ten cents. 9. To collect the Rebate, each Winner under this Promotion is required to register his/her Eligible Smart Octopus in the Octopus App operated by OCL. Winners under this Promotion will be notified by push notification through the Octopus App from 29 May, 2018 to 13 June, 2018 (both dates inclusive) that the Rebate will be made available for collection through the Octopus App onto his/her registered Eligible Smart Octopus. 10. The Rebate will be available for collection until and including 30 June, 2018. The Rebate will be forfeited automatically without notice if the Winner under this Promotion fails to collect the Rebate on or before the aforementioned 30 June, 2018 or the registered Eligible Smart Octopus of the Winner under this Promotion has been suspended, cancelled or terminated or is no longer valid for whatever reason(s), which, under no circumstance shall any claim be made against Samsung and/or OCL whatsoever. Neither Samsung nor OCL shall bear any liability whatsoever if any Participant under this Promotion fails or unable to collect the Rebate under whatever circumstances, including, but not limited to, reset of Samsung Pay application, Eligible Smart Octopus has been transferred to other Eligible Device or device, 2
suspension, cancellation or termination of Smart Octopus for whatever reason, lost Eligible Device, or device reset due to factory data reset or Find My Mobile service. 11. Each Samsung Pay Customer acknowledges and agrees that neither Samsung nor OCL is the supplier of the products or services purchased from the merchants by using Smart Octopus in Samsung Pay. Under no circumstance shall Samsung or OCL bear any liability relating to any aspect of the products/services, including but not limited to the quality, supply or the description of the products/services. 12. Samsung reserves the right to disqualify any Participant under this Promotion suspected of fraud, or if Samsung believes that Participant under this Promotion's participation of this Promotion have been manipulated in any way by machines or computers. 13. By participating in this Promotion, each Participant under this Promotion agrees that OCL shall be entitled to transfer the number of his/her Eligible Smart Octopus and the amount of the Rebate to Samsung who may use the information for the purpose of carrying out any enquiries or resolving any disputes in relation to this Promotion. 14. Information collected or received as aforesaid by Samsung and/or OCL solely for the purpose of this Promotion will be retained for 6 months after the end of the Promotion Period ( retention period ) and will be destroyed on expiry of the retention period. 15. Samsung reserves the right to change or substitute the Rebate to other prize(s) of a comparable or equivalent value if it deems fit. The Rebate is not exchangeable for cash. 16. In the event of any dispute arising from this Promotion or relating to the interpretation of these Terms and Conditions, the decision of Samsung on all matters pertaining to this Promotion shall be final and binding on all parties. No correspondence or further claims shall be entertained. 17. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond Samsung's and OCL s reasonable control (e.g. force majeure events, etc.), each of Samsung and OCL reserves the right, in its sole discretion and to the fullest extent permitted by law, to: (i) either disqualify any Samsung Pay Customer, Participant under this Promotion, Winner under this Promotion and/or Eligible Smart Octopus; or (ii) modify, suspend, terminate or cancel this Promotion, in whole or in part, as appropriate. Samsung and OCL shall not bear any liability therefrom. 18. Samsung makes no guarantee of the availability of Samsung Pay application or its web services and will not be held responsible for interruption of service that may interfere with the ability to participate in this 3
Promotion. OCL makes no guarantee of the availability of the Octopus App and will not be held responsible for interruption of service that may interfere with the ability to participate in this Promotion. 19. Except for any liability that cannot be excluded by law, each of Samsung and OCL (including its officers, employees and agents) excludes any and all liability (including in negligence), for any personal injury, or any loss or damage (including loss of profit, loss of opportunity, etc.), whether direct, indirect, special or consequential, arising in any way out of or relating to the Promotion, including but not limited to the followings: (i) any technical difficulties or equipment malfunction (whether or not under Samsung's and/or OCL s control); (ii) any theft, unauthorised access or third party interference; (iii) any transaction, claim or Rebate that is late, lost, altered, damaged or misdirected (whether or not after receipt by Samsung) due to any reason beyond the reasonable control of Samsung and OCL; (iv) any variation to the Rebate value to that stated in these Terms and Conditions; (v) any tax liability incurred by a Registered Samsung Customer, Participant under this Promotion and/or Winner under this Promotion; or (vi) use of the Rebate. 20. Employees and agents of Samsung and OCL, their respective families, households or anyone professionally connected with this Promotion, are not eligible to enroll this Promotion. 21. Each Participant under this Promotion agrees to indemnify and hold Samsung and OCL harmless from and against any and all claims, damages, liabilities, costs and expenses (including legal costs on an indemnity basis) arising from the alleged or actual infringement of any third party copyright, patent, trademark or other intellectual property rights, or other rights, any breach of these Terms and Conditions and/or arising out of or in connection with this Promotion. 22. Except where expressly provided herein, each Participant under this Promotion shall bear his/her own costs and expenses incurred and/or arising from his/her participation in this Promotion, and no reimbursement may be sought from Samsung and/or OCL whatsoever. 23. No person other than the Participant under this Promotion, Samsung and OCL will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provision of these Terms and Conditions. 24. We have provided a Chinese language translation of these Terms and Conditions for reference. If there is any inconsistency between the English and Chinese versions, the English version shall prevail. 25. These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict or choice of law provisions. Any claim or dispute arising in 4
connection with these Terms and Conditions or Participant under this Promotion s use of Samsung Pay shall be resolved as set forth in Samsung Pay Terms of Service. 26. Except for the promotional purpose of this activity as listed in these Terms & Conditions, Samsung and/or OCL will not provide your personal information to any third parties without your consent to let any such third party market their products or services to you. In addition, Samsung and/or OCL will not sell or disclose, by any method, information on the Participants under this Promotion of this activity and personal information of visitors to this website. For Samsung s privacy policy, please refer to Samsung s company's website: www.samsung.com/hk_en/info/privacy.html. Samsung Pay Terms of Service apply. For OCL s Privacy Policy and the Conditions of Issue of Octopus, please refer to OCL s website at www.octopus.com.hk. 27. All photos are for reference only. 28. The names of all other companies and products may be the trademarks owned by the various related companies. 5