TV TRADE-IN
HAUL AWAY (AND RECYCLING) PROGRAM
(“Promotion”) TERMS AND CONDITIONS

Samsung reserves the right to substitute, change, cancel or add to any part of these PROMOTION Terms at any time IN OUR SOLE DISCRETION, including terminating the Promotion.

1.     ELIGIBILITY:  The Samsung TV Trade-In Haul Away (and Recycling) Promotion (the “Promotion”) is only for Eligible Models (as defined below) and open only to legal residents of the fifty (50) United States and the District of Columbia, (the “Territory”) who are at least 18 years old. Void outside of the Territory and where prohibited or restricted by law. Individuals who participate in this Promotion are collectively referred to herein as “Participants,” “you” and “your.” Samsung reserves the right to request Participants to provide verification of identity and eligibility.

2.     PROMOTION ITEM DETAILS: While supplies last for any then Eligible Model, and until this Promotion is terminated, whichever is earlier (the “Purchase Period”), Participants who complete all steps in Section 3.B below, including identifying your old TV to be traded in (“Qualifying Trade-In TV”) and purchasing a then Eligible Model (“Qualifying Purchase”), will automatically at checkout receive a trade-in credit (the “Promotional Trade-In Credit”) for use toward the purchase price for that Qualifying Purchase, only on Samsung.com or through the Shop Samsung App. The value of the Promotional Trade-In Credit will be set forth when you add the Eligible Model and this Promotion to your cart (see Section 3.B, below). Your Qualifying Trade-In TV must be ready for haul away at the time of delivery of your new Qualifying Purchase. Participants must pay all applicable taxes and delivery fees on the Qualifying Purchase. Such taxes and fees are all due at the time of sale.

3.     HOW TO PARTICIPATE: Participant must complete steps A through C between Purchase Period and delivery of the Qualifying Purchase, and comply with any other terms and conditions herein:

A.    “Eligible Model”: An Eligible Model is any TV offered for sale either on Samsung.com or through the Shop Samsung App during the Purchase Period. NOTE: These Eligible Models may change at any time. They will be indicated on any given date as “Eligible Models” or by searching/filtering for only “Trade-In Eligible Models.”

B.    In the same transaction:

i. Select an Eligible Model;
ii.  Select that you want to trade in your Qualifying Trade-In TV for credit and select the brand and diagonal screen size of your Qualifying Trade-In TV the value of your Promotional Trade-In Credit will appear;
iii.  Review your cart to ensure that the Promotional Trade-In Credit for your Qualifying Trade-In TV has been deducted from the purchase price of the Qualifying Purchase (if it is not, then please go back and ensure that the Qualifying Trade-In is included in your cart along with the Qualifying Purchase);
iv.  Enter your valid payment information and complete your order.

C.    Complete all required information and forms. You must be the legal owner of your Qualifying Trade-In TV. When you complete your order and select delivery, Samsung will ship your new Qualifying Purchase to you. When your new Qualifying Purchase is delivered to you, Samsung will haul away your Qualifying Trade-In TV. Your Qualifying Trade-In TV must be ready for pick up at the time of delivery of your new Qualifying Purchase. By giving the Trade-In TV to Samsung for haul away, you agree to transfer title and ownership to Samsung. You disclaim any and all right, title or interest in and to the Qualifying Trade-In TV, including the right to sell, dispose, or otherwise collect, where applicable, its value. You must remove all data, including all confidential and personal data, from your Qualifying Trade-In TV before returning it to Samsung. To do so, you should return the TV to its factory settings. It is your sole responsibility to back-up any files or data from your Qualifying Trade-In TV that you wish to retain prior to performing a factory data reset and before trading in your Qualifying Trade-In TV. By participating in the Promotion, you agree that Samsung is not responsible for and has no liability for any lost files or data or disclosure of private information that has not been removed from your Qualifying Trade-In TV prior to return. In addition, make sure that you remove all accessories (such as cables and wires) before Samsung picks up the TV. Any such items sent with your Qualifying Trade-In TV will not be returned.

The Qualifying Trade-In TV and the Qualifying Purchase can only be used to participate in one (1) Samsung offer or promotion. You may trade in only one (1) Qualifying Trade-In TV under this Promotion for each Qualifying Purchase.

5.   Your Trade-In TV Cannot Be Returned to You:  Samsung cannot return your Qualifying Trade-In TV to you, even if you return your new Qualifying Purchase within the applicable return period.

6.   Other Important Terms:

• The Promotion is offered and administered by Samsung.
• The Promotion is only available to individuals who will use their Qualifying Purchase for personal, household, or family uses. 
• You must be at least eighteen (18) years old to participate in the Promotion.
• If you bought your Qualifying Trade-In TV using an installment payment plan, lease, or other financing plan offered by Samsung or by a third party (such as your wireless service provider) you are responsible for any and all remaining payments under such installment payment plan, lease, or other financing plan.
• By participating in the Promotion, you understand and agree that it may be necessary for Samsung, its subsidiaries and agents, to collect, process, transmit, maintain, share, and use certain of your personal information, such as your name, address, and information related to your method of payment, to perform the service and support obligations under the Promotion. You may receive Promotion-related communications from Samsung, its subsidiaries and agents, such as notices regarding additional charges described in Section
4. You may also receive requests to participate in surveys or marketing communications from Samsung and/or its Affiliates related to the Promotion or other offers. At all times, Samsung will treat your information in accordance with the Samsung Privacy Policy, available at www.Samsung.com/privacy.
• If any provision (or part of any provision) of these Terms is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
• We reserve the right to decline or cancel your participation in the Promotion, with or without advance notice, if we believe that your participation is enabling a fraudulent or illegal purpose or a purpose in violation of these Promotional Terms.
• Neither Promotion eligibility nor the Promotional Trade-In Credit may be resold or otherwise transferred to any other person or entity.
• For avoidance of doubt, you will not be refunded or otherwise receive any credit as applicable trade-in value if you return your Qualifying Purchase

7.      LIMITATIONS OF LIABILITY:  Officers, directors, agents and employees of the Sponsor, and each of its respective parent companies, subsidiaries, franchisees, affiliated entities, and each of their respective advertising, promotion and web design agencies, independent contractors (all such individuals and entities collectively referred to herein as "Promotion Entities") are not responsible for: (i) interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected registrations or orders, or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Promotion; (ii) illegible, unintelligible, postage due, misdirected, delayed, undelivered, damaged, late Qualifying Trade-Ins TV devices or incorrect or inaccurate registration or order information, whether caused by Internet users or programming associated with or utilized in the Promotion or by any technical or human errors that may occur in the administration of the Promotion; or (iii) for any typographical errors in any Promotion-related materials. All registrations and all elements thereof will become the property of Sponsor and will not be acknowledged or returned. If in the judgment of Sponsor, the Promotion is compromised by viruses, bugs, non-authorized human intervention or other causes, which in Sponsor’s judgment, may corrupt the administration, security, or fairness of the Promotion, Sponsor reserves the right, in its sole discretion, to modify, discontinue, suspend or terminate the Promotion. PROMOTION ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT REGARDING THE PROMOTION.

8. RELEASE:  Promotion Entities expressly disclaim any responsibility, and each agrees to hold Promotion Entities harmless from all liability for any costs, claims, damages or any other injury (whether due to negligence or otherwise), disability or loss to any person or property (including, without limitation, death or violation of any personal rights such as right of publicity/privacy, libel or slander) due in whole or in part, directly or indirectly, to participation in the Promotion, the delivery and/or subsequent acceptance of, use or misuse of any TV device, or any Promotion related activity. Promotion Entities are not responsible for any loss (financial or otherwise), liability, injury (including death) or damage to persons or property, which may be caused directly or indirectly, in whole or in part, by the Activation of, use or misuse of any Promotion related product, or TV device. Promotion Entities further assume no liability either for the cancellation, modification or premature conclusion of the Promotion for any reason, including but not limited to, through the acts or defaults of any company or person providing any Promotion or due to weather, fire, strike, acts of war or terrorism, or any other condition beyond its control.

9. DISPUTE RESOLUTION: EACH OFFER IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("AAA RULES"). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NEW YORK, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR OFFER ENTITY AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURED OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the AAA Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.