PROMOTION TERMS AND CONDITIONS FOR THE GALAXY S25 SERIES PRE-LAUNCH OFFER

 

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: https://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:

1.1.            The promotion will be known as the Samsung Galaxy S25 Series Pre-Launch Offer (“Promotion”)

1.2.            The promoter of the Promotion is Samsung Electronics South Africa Proprietary Limited, registration number 1994/003872/07 and/or its agencies ("Organiser").

1.3.            “Galaxy S Series” means the Samsung Galaxy S25 ultra, S25+ and S25.

1.4.            “MTN” means Mobile Telephone Networks (Pty) Ltd.

1.5.            “MTN Online Store” means the MTN online store at www.mtn.co.za.

 

2.         Promotion and Redemption Periods:

2.1.            The Promotion will run from 23 January 2025 [00h00] to 13 February 2025 [23h59] (“Promotion Period”).

2.2.            The redemption period will be from 23 January 2025 [00h00] to 23 March 2025 [23h59] (subject to availability (“Redemption Period”).

2.3.            The Promotion Period and Redemption Period:

2.3.1.               may be extended or curtailed at the discretion of the Organiser;

2.3.2.               are subject to availability and the Organiser does not guarantee that the Galaxy S Series or the promotional items will be available on the abovementioned dates.

 

3.         Who may enter:

3.1.            Where the participant is a natural person, the participant must:

3.1.1.               be a citizen of the Republic of South Africa and/or a legal resident of the Republic 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 at least eighteen years old at the date of the commencement of the Promotion Period;

3.1.4.               be in possession of a valid South African identity or residence permit;

3.1.5.               during the Promotion Period, have signed up for a new MTN contract or upgraded their existing MTN contract to a Galaxy S Series device with a valid IMEI number, within the Republic of South Africa, from the MTN Online Store;

3.1.6.               be in the possession of a valid proof of purchase with verifiable details such as IMEI number, outlet from which the Galaxy S Series device was purchased from, and in certain cases, the name of the purchaser.

3.2.            Where the participant is a business (which for the purposes of these Terms and Conditions include a Trusts) (“Business”) that participant 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 is eighteen years old and resides in the Republic of South Africa, as at the date of the commencement of the Promotion Period;

3.2.3.               during the Promotion Period, have signed up for a new MTN contract or upgraded their existing MTN contract to a Galaxy S Series device with a valid IMEI number, within the Republic of South Africa, at the MTN Online Store.

3.3.            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 have personally purchased a Galaxy S Series device for their own personal use. Proof of purchase will be at the Organiser’s discretion.

3.4.            Misrepresentation of participants or in store sales representatives will result in the disqualification of the participant and possible legal action.

 

4.         How to qualify for the Promotion:

4.1.            The participant must:

4.1.1.               be a participant as set out in clause 3 above;

4.1.2.               during the Promotion Period, sign up for a new MTN contract or upgrade their existing MTN contract to a Galaxy S Series device with a valid IMEI number, within the Republic of South Africa, at the MTN Online Store;

4.1.3.               have downloaded the Samsung Members Application from the Samsung Galaxy Store or Google Play Store on the Galaxy S Series device and be a registered subscriber of the Samsung Members Application managed by the Organiser.

4.2.            In addition to the above, where the participant is a business, the Representative will be required to submit the following documentation via email to [email protected]:

4.2.1.               company or trust registration certificate or document;

4.2.2.               identity document of the Representative and the company owner or director or in the case of a trust, a copy of a trustee identity document;

4.2.3.               letter of letter of authority authorising the Representative signed by the owner or a director or trustee, in the case of a trust; and

4.2.4.               proof of purchase.

4.3.            Individual images of each IMEI handset, as contained on the device box will be accepted.

4.4.            If any of the above mentioned documentation, is not available due to the business size, structure or nature, suitable alternatives, as advised by the Organiser will need to be provided.

4.5.            Errors and omissions may be accepted at the Organiser's discretion. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.

4.6.            It is the participant’s responsibility to ensure that any information which is provided to the Organiser is accurate, complete and up to date.

 

5.         Offer:

5.1.            The Promotion will afford a participant who has complied with the provisions of clause 4, the opportunity, during the Promotion Period, to receive one R3,000.00 Samsung online store voucher (“Offer”) per valid Galaxy S Series device, identifiable by the unique IMEI number, where the participant has signed up for a new MTN contract or upgraded their MTN contract at the MTN Online Store.

5.2.            The Offer may only be redeemed in the Samsung online store for the following Samsung mobile devices (collectively the “Devices”):

 

5.2.1.               Galaxy Watch7 (40mm, 44mm), Watch Ultra

5.2.2.               Buds3, Buds3 Pro

5.2.3.               Samsung tablet range (Tab A9+, S10 FE, S10 FE+, S10 Ultra, S10+, S9, S9 FE, S9 FE+).

5.3.            The Offer is not transferable and no substitution, cash redemption or assignment of the Offer is permitted.

5.4.            The Offer is provided on a first come first serve basis and while stocks last. The Organiser cannot be held accountable once stock of the Galaxy S Series devices or the promotional Offer have been depleted.

5.5.            The Offer may differ from that shown on the promotional material with regard to colour and specifications and it shall be subject to availability and in the Organiser’s sole and absolute discretion to select it.

 

6.         Can I qualify more than once for the Promotion:

6.1.            The Promotion is limited to one R3,000.00 Samsung online store voucher per Galaxy S Series device per participant who has complied with the provisions of clause 4 above.

6.2.            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

7.1.            The Offer may only be redeemed during the Redemption Period. To redeem the Offer, the participant must follow the following steps and/or instructions:

Step 1: Sign up for a new MTN contract or upgrade to the MTN contract at the MTN Online Store to a Galaxy S Series device with a valid IMEI number and activate by installing the SIM card for the Galaxy S Series device in the Republic of South Africa during the Promotion Period.

Step 2: Have all current Samsung software updates downloaded and installed from the settings menu on the Galaxy S Series device.

Step 3: Download the Samsung Members Application from the Samsung Galaxy Store or Google Play Store on the Galaxy S Series device.

Step 4: Register for a Samsung Members account, then click on “Galaxy S Series 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 Galaxy S Series device and complete and submit an online form with the participant’s details, which form must include the participant’s delivery address and contact information.

Step 6: Upon successfully submitting the online form, the participant will receive an e-mail confirming that their submission of the online form was successful and they 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 Galaxy S Series device, the participant will receive a congratulatory message by way of email.

Step 8: The participant will receive their Samsung online store voucher code via email.

 

8.         Samsung Online Store Promotion Code and/or Voucher Terms and Conditions

8.1.            The following terms and conditions apply to participants who receive a Samsung online store voucher in terms of clause 7.1 above (“Voucher”).

8.2.            Each Voucher:

8.2.1.               has a unique voucher code which has been assigned to the participant;

8.2.2.               is for the amount specified on the digital communication provided to the participant by way of electronic mail to be redeemed only in respect of the Devices (as defined in clause 5.2) at the Samsung online store and not in any physical Samsung branded stores or any affiliate stores or websites which sell Samsung products;

8.2.3.               may only be redeemed by the participant to whom it was issued upon reasonable evidence of their identity being confirmed through the creation of a user account on the Samsung online store or such other valid form of identity document as may be requested by Samsung and/or the Samsung online store;

8.2.4.               cannot be used after the expiration of the Voucher;

8.2.5.               is limited to a one-voucher-per-purchase basis and accordingly:

8.2.5.1.                 the Voucher may not be aggregated in respect of the purchase of any item. For example, if the stated price of an item exceeds the amount of the Voucher, then the participant must pay the balance in order to purchase the item and may not use other Vouchers in respect of that item;

8.2.5.2.                 the Participant must use the full value of the Voucher when making the purchase, as any balance remaining after the purchase, will be forfeited;

8.2.5.3.                 may be used towards purchases of more than the value of the Voucher where the participant pays the balance using one of the accepted methods of payment on the Samsung online store;

8.2.5.4.                 cannot be transferred or assigned in any manner to any person;

8.2.5.5.                 is not redeemable for cash;

8.2.5.6.                 is valid and may only be redeemed within a period of 6 months from the date of issuing of the Voucher “Voucher Date". Should there be any dispute in this regard, Samsung shall determine the Voucher Date according to its records and this date will be final and binding on the participant. Once the aforesaid 6 month period has elapsed, the Voucher will automatically expire and the Voucher code will no longer be valid on the Samsung online store.

8.3.            Samsung shall endeavour to replace any damaged or defective goods purchased using the Voucher in accordance with the provisions of the Consumer Protection Act. Other than in respect of damaged, defective or unsafe goods or for any other lawful reasons provided in the Consumer Protection Act, no refunds are permissible for any items purchased with the Voucher, provided that to the extent that a refund is permissible, the participant will be issued with a replacement voucher (with the same Voucher Date) and a refund of any cash amount contributed by the participant.

8.4.            By making use of the Voucher, the participant acknowledges that he/she has read, understood and agreed to the terms and conditions set out herein and the terms and conditions of the Samsung online store;

8.5.            Each participant will be required to create an account on the Samsung online store in order to redeem the Voucher.

8.6.            The Voucher is for the exclusive use of the participant to whom it was issued.

 

9.         Conditions applicable to business entities:

9.1.            Where the participant is a Business, the following additional provisions will apply: 

9.1.1.               by its participation in the Promotion the participant and the Representative warrant to and in favour of the Organiser that: 

9.1.1.1.                 the participant is duly authorised in terms of its constitutional documents to enter into the Promotion and receive and/or redeem the Offer, should an Offer be awarded to it;

9.1.1.2.                 the Representative has been duly authorised to represent and bind the participant;

9.1.1.3.                 all internal requirements have been met in order to permit the participation of the Business in the Promotion.

9.2.            In addition to the provisions of clause 4.2 above, the participant must attach a letter, signed by an authorised representative, on the participant’s Business’ letterhead confirming:

9.2.1.               that the Offer and or gift item 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 warranty only applies to initial purchaser);

9.2.2.               the identified account administrator acting on behalf of the participant, has the requisite authority to act on behalf of the participant;

9.2.3.               a delivery address for the Offer to be delivered for the attention of the administrator.

9.3.            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.

9.4.            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.

 

10.       Terms of Delivery:

10.1.         Delivery of the Voucher will take place approximately 7 to 14 working days after successful validation in terms of clause 7.1 above.

10.2.         Should the participant fail to supply valid proof of purchase through the Samsung Members Application, the Offer will be forfeited.

10.3.         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.

10.4.         Delivery of the voucher will occur via email to the email address the participant provided on the redemption form on the Samsung Members Application.

 

11.       Limitation of Liability:

11.1.         To the extent permitted by Consumer Protection Act No 68 of 2008 and any other applicable law 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.

11.2.         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).

11.3.         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.

 

12.       General:

12.1.         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 10.4 below.

12.2.         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 reserves the right, in its sole discretion, to the fullest extent permitted by law to disqualify any participant or to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.

12.3.         Data charges may be incurred for downloading or using the Samsung Members application. Network rates apply.

12.4.         The participants acknowledge and accept that the Organiser shall utilise a third party agent to deliver the vouchers. In order to affect the delivery process, the Organiser shall provide the participant’s information to such third party agent.

12.5.         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.

12.6.         Information regarding the Promotion that is published on authorised advertising material will also form part of the Terms and Conditions of the Promotion.

12.7.         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 http://www.samsung.com/za/offer/ The onus rests on the participant to constantly check the website for updates to the Terms and Conditions.

12.8.         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. Errors and omission may be accepted at the Organiser's discretion. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.

12.9.         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 reserves the right, in its sole discretion, to the fullest extent permitted by law to disqualify any participant or to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.

12.10.       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, suspension or termination shall be deemed to have taken effect from the date of publication on the Organiser’s website http://www.Samsung.com/za/offer/. No liability shall lie against the Organiser in favour 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 Organiser and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Organiser.

12.11.       This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorised participating stores, associated with this Promotion.

12.12.       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.

12.13.       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.

12.14.       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 vouchers owing to, but not limited to, stock unavailability, strike, lock out, destruction of the voucher, 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.

12.15.       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 www.samsung.com 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 foregoing, 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.

12.16.       If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable it will be:

12.16.1.          read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible; and

12.16.2.          severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

 

13.       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 ("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.