Terms and Conditions – for the Samsung Gear S2 Digital Competition #GearUp
These Terms and Conditions will govern your participation in the “Samsung Gear S2 Digital Competition
#GearUp” (“Competition”). You are deemed to have read and consented to these terms and conditions prior to
entering into this Competition. Please refer to this website for the current Terms and Conditions for this
Competition: http://www.samsung.com/za/offer/
The Organizer of the Competition is Samsung Electronics South Africa (Proprietary) Limited, Registration number
1994/003872/07 and/or its agencies. (“Organizer”)
By entering and participating in this Competition you (the “participant”) agree to be bound by these terms and
conditions.
A. Competition Period
The Competition is from 07 November 2015 (09h00) to 29 November 2015 (15h00) (“Competition Period”). The
duration of the Competition may be extended or curtailed at the discretion of the Organizer.
B. Eligibility
1. All participants must ::
(a) be In possession of a South Africa identity document;
(b) permanently reside in South Africa;
(c) at least 18 (eighteen) years old at the date of the commencement of the Competition Period.
2. The following individuals are not eligible to enter this Competition:
(a) employees, contractors, directors and officers of the Samsung South Africa (Pty) Ltd, its parent, subsidiaries
and affiliated companies, distributors, web design, advertising, fulfilment, insurance agencies, judging and
promotion agencies involved in the administration, development, fulfilment and execution of this Competition (the
“Related Persons”);
(b) the immediate family members (spouse, parent, child, sibling and spouse or “step-relative” of each) and those
living in the same households of each such Related Person.
3. Eligibility is limited to participants who enter the competition on Twitter & Instagram in accordance with these
terms and conditions.
4. The organizer reserves the right to reject and delete any images or comments uploaded onto Twitter or
Instagram in relation to this Competition which the Organizer, in its sole and absolute discretion, deem
offensive, violative of law or unsuitable in any other manner.
The organizer is not required to provide any explanation for the rejection and deletion.
C. Competition Description
1. How to enter:
a)
Participants must be registered on Twitter or Instagram & have a valid Identity number.
b)
Participants must upload two photos in two different submissions using the hashtags #GearUp and
#GearS2 respectively.
c)
Participants must go to a promoter wearing a white shirt with a #GearS2 logo on the back of the shirt at
the Samsung Gear S2 Studio situated at the Pierhead V&A Waterfront Cape Town, Western . To
complete their entry, participants must provide their full contact details (including full name and contact
number) and verify the two photos uploaded in terms of (b) above.
d)
Winners will be selected on a weekly basis during the Competition Period by way of lucky draw
conducted by the Organizer and will be supervised by an independent auditor or registered accountant,
or an attorney or an advocate. The draw results to determine the winners are final and no
correspondence will be entered into.
D. Prize Information
1. The prize will be a prize bundle containing the following elements: 1 (one) Samsung Gear S2 Smartwatch, 1
(one) Samsung Galaxy Note 5, and 1 (one) Samsung Level on Pro Wireless Headphones.
2. One Prize will be awarded to 1 (one) winner every week. (1(one) prize bundle per winner).
3. Each participant is only eligible to win one prize bundle during the Competition Period. In the instance where
the participant is drawn as a winner on more than one occasion, such participant will not be eligible to win the
prize and a runner up will be drawn.4. The Organizer reserves the right to change/substitute the prize bundle
as a whole or the elements contained therein, should they deem it necessary, and to replace with the entire
prize, bundle or the elements contained therein to a prize of similar economic value. (Subject to availability)
4. Prizes are not transferrable and the recipients may not substitute the prize for cash.
E. Notification of Winner
1. The winner for each week will be drawn and announced at the Samsung Gear S2 Studio, the Pierhead V&A
Waterfront on the following dates and times:
a) Sunday, 8 November 2015 at 15h00
b) Sunday, 15 November 2015 at 15h00
c) Sunday, 22 November 2015 at 15h00
d) Sunday, 29 November 2015 at 15h00
2. The winner must provide proof of identity in order to claim his/her prize.
3. In the event that a winner is not present at the time of the draw, the Organiser shall try to contact the winner
telephonically on the number provided during entry. The Organiser shall attempt to contact the winner three
times in succession from time of draw. In the event that the winner is unreachable or ineligible or fails to claim
the prize, the winner shall forfeit their prize and it will be awarded to a substitute winner, which shall be the
next placed entrant chosen by the organizer based on these same terms and conditions.
F. Privacy and Data Protection
1. In accordance with the confidentially policies and practise of the Organizer, none of the entry details of any
participants in this Competition will be disclosed or used by the Organizer for any purposes other than for
entry into the Competition. Participants acknowledge and accept that they (Participants) will be contacted to
collect their prize at the Samsung Gear S2 Studio in Pierhead V&A Waterfront, Western Cape, in the event
that the participant is a winner, no deliveries of the Prize will be made.
2. Participants’ details and information may be collected during the event, which will be kept strictly confidential.
3. The Organizer and/or its appointed agents collect customer information to conduct the Competition 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 South Africa regulatory authorities.
G. General Conditions
1. Entry into this competition does make any participant a winner.
2. Participants must have access to data as the competition can only be entered via Twitter / Instagram.
3. Participants must reside within the borders of South Africa.
4. Participants must have a valid ID number and a corresponding proof of identity.
5. The Prize is non-transferable, non-exchangeable for cash, credit or any items.
6. If for any reason the Competition is not capable of running as planned, including without limitations, force
majeure, infections by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or
any other cause which corrupt or affect the administration, security, fairness, integrity or proper conduct of the
Competition, the Organizer reserves the right, at its sole discretion to cancel, delay, modify or terminate the
Competition without any prior notice.
7. The Organizer, , its agents, and sub-contractors do not accept any responsibility for any technical failure or
malfunction or any other problem with any online networked, system, server, application, provider or otherwise
which may result in any contents or entry into the Competition not being properly recorded or uploaded.
8. The Organizer shall not be liable for any disruption to the Competition, whether due to technical problems or
otherwise, which is beyond its reasonable control. In the event of any disruption to the Competition, the
organizer shall use its reasonable endeavours to remedy the disruption and resume the Competition on a fair
and equitable basis to the participants.
9. The decision of the Organizer is final and the organizer shall not enter into any correspondence about the
result. The Organizer accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered.
Entries that do not comply with these Terms and Conditions will be disqualified.
10. The organizer reserves the right, at its sole discretion, to disqualify any participants deemed to be (a)
tampering or attempting to tamper with the entry process or the operation of the Competition or any website of
the organizer’s partners; (b) violating these Terms and Conditions; (c) violating the Terms and Conditions of
the organizer; or (d) acting with intent to annoy, abuse, threaten or harass any other person
11. Participation and receipt of benefits from the ompetition may have tax consequences. Should there be any
tax liability for participation in the Competition or the receipt of a prize, or costs or expenses relating to
participation in the Competition or for any other reasons, such taxes and/or expenses shall be the sole
responsibility of the participant.
12. The Organizer 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: http://www.samsung.com/za/offer/
13.The organizer reserves the right to cancel, suspend or terminate this Competition without notice at any time
and no liability shall lie against the organizer 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 Organizer and hereby acknowledge that they will have no right of recourse or claim of
any nature whatsoever against the Organizer.
14. To the extent permitted by law, the organizer excludes all warranties (express or implied), representations
and liabilities regarding this competition (other than for death or personal injury caused by its negligence and/or
fraud).
15. This competition is governed by these terms and conditions. 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 Competition.
16. Information regarding the Competition that is published on authorized advertising material will also form part
of the terms and conditions of the Competition.
17. Any dispute or claim arising out of or in connection with the competition shall be governed by and construed
in accordance with the laws of South Africa.
18. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
1.
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;
2.
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.
19. 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 prize owing to, but not limited to, stock
unavailability, strike, lock out, destruction of prize on route to winner 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.
20. The Organizer may require the winner and the winner agrees by entering the Competition (at no cost), to be
identified, photographed, filmed and the foregoing to be published in any media and the winner's name and
image may be published on http://www.samsung.com/za/offer/ . Winners may however at any time decline
the use of their name, likeness or image by the Organizers.