||Instructions on how to claim and the offer form
part of these terms and conditions ("Terms
and Conditions"). Participation in this "Samsung Curved Monitor eGift
Card Promotion" ("Promotion")
is deemed acceptance of these Terms and Conditions. This Promotion is not valid
in conjunction with any other offer.
||This Promotion is for a Gift deliverable to each
Eligible Claimant who Purchases a Participating Product from a Participating Reseller
and submits an Online Claim Form (with each capitalised term defined below) in
accordance with these Terms and Conditions.
||The promoter is Samsung Electronics Australia
Pty Ltd ABN 63 002 915 648 of 3 Murray Rose Avenue, Sydney Olympic Park, NSW
2127 ("Promoter" or "Samsung").
||The Promotion commences at 9:00am (AEDT) on Thursday,
6 October 2016, and closes at 11:59pm (AEDT) on Thursday, 17 November 2016 ("Promotional Period").
||For the purposes of these Terms and Conditions:
means a Hoyts, Dan Murphy’s, Supercheap Auto or Coles eGift card valued at
$25.00, as described in, and subject to the terms included and referred to in,
||"Immediate family member" means any of the following: spouse, ex-spouse,
de-facto spouse, child or step-child (whether natural or by adoption), parent,
step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew,
brother, sister, step-brother, step-sister or first cousin.
Product" means each of the following Samsung curved monitor models:
||and for clarity, expressly excludes "C
grade" or "seconds" products, second-hand, refurbished or
demonstration products, and any costs, fees, expenses or liability of any
description to pay any amount for installation, insurance, warranty or extended
warranty, financing, delivery or any other cost which is, at the determination
of the Promoter in its absolute discretion, additional or ancillary to the
models listed in the table above.
Reseller" means each Australian reseller of Participating Products authorised by Samsung for the purposes of the
Promotion, and excludes ebay.com.au or other similar auction websites or
stores. Each participant should check with a reseller that it is a
Samsung-authorised reseller before choosing to Purchase a Participating
Product; and "Purchase"
means payment in full of a Participating Product during the Promotional Period.
||Samsung collects personal information in order
to conduct the Promotion 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 Australian regulatory
authorities. Validity of a claim is conditional on providing this information.
Samsung may, for an indefinite period, unless otherwise advised, use the
information for promotional, marketing, publicity, research and profiling
purposes, including sending electronic messages or telephoning a claimant.
Claimants acknowledge that the information they provide will be collected by or
on behalf of Samsung and may be disclosed to other group companies and to third
parties that help Samsung deliver its products and services (including
suppliers, contractors, dealers, agents and business partners) or as required
by law. Some of these parties may be located outside of Australia, including in
Singapore, Korea and the Philippines. Claimants acknowledge that by giving
consent to the disclosure of his/her personal information to the overseas
recipients, Samsung will not have an obligation to take reasonable steps to
ensure that these overseas recipients do not breach Australian privacy law in
relation to that information. In particular, the claimant acknowledges that in
providing their consent, Samsung will not be accountable under the Privacy Act
1988 (Cth) and the claimant will not be able to seek redress under the Privacy
Act 1988 (Cth). However, where practicable in the circumstances, Samsung will
take reasonable steps to ensure that overseas recipients use and disclose such
should direct any request to access, update or correct information to the
Samsung’s Privacy Officer at the details provided below. These Terms and
the Promotion (whether or not as an Eligible Claimant), each claimant accepts
|Eligibility and claims
||To be eligible to claim a Gift, a claimant must:
||be aged 18 years old
or over and be a natural person (and for clarity not a
company, business or organisation of any description, or an employee of the
Promoter, a Participating Reseller
or any agency associated with this Promotion, or any immediate family member of
||be an Australian
resident, with an Australian residential address and a valid email address;
||Purchase a Participating Product from a Participating
Reseller during the Promotional Period, subject to clause 12;
||visit www.samsung.com/au/offer, click on the
Promotion page ("Website")
follow the prompts to the online claim form (the "Online Claim Form"), and:
||input all requested details, including, without
limitation, the claimant’s full name, contact telephone number, email address
and place of residence;
||upload a copy of the original tax invoice from a
Participating Reseller for the Purchase of their Participating Product;
the serial number and a photo of the serial number of their Participating
Product to the Promoter in accordance with clauses 10
and 11 below
||select one Gift option only (from Hoyts, Dan Murphy’s, Supercheap Auto
or Coles); and
||submit the fully completed Online Claim Form within fourteen (14) days
of Purchasing a Participating Product (Online Claim Forms will not be accepted
after 11:59pm (AEDT) on Thursday, 1 December 2016),
||(each, an "Eligible Claimant").
||Following submission of an Online Claim Form, a
claimant (whether or not an Eligible Claimant) will receive a unique claim
reference number ("Unique Claim
Reference Number"). That claimant may use his/her
Unique Claim Reference Number to access the track claim page ("Track Claim Page") on the
||All claims must be carried out by the actual
purchaser of a Participating Product. Claims or registrations by any other
person will not be accepted.
|Serial numbers and copies of tax invoices
||The Promoter must receive the following from a claimant
for their claim to be valid: i) a valid serial number for the Participating
Product purchased, (ii) a photo of the
serial number for the Participating Product purchased and iii) a copy of the
original tax invoice from a Participating Reseller with respect to the
Participating Product purchased.
||Subject to clause 12, to
be an Eligible Claimant and to be able to claim the Gift, a claimant must
provide the serial number, a photo of the serial number of their Participating
Product and a copy of the original tax invoice on the Online Claim Form within fourteen
(14) days of Purchasing their Participating Product.
||If a claimant is unable to
provide the serial number and a photo of the serial number of their
Participating Product at the time of submitting the Online Claim Form, the claimant
must still submit the Online Claim Form within fourteen (14) days of Purchasing
their Participating Product and tick the relevant box to indicate they have not
yet received their Participating Product. The claimant must then provide the
Promoter with the serial number and a photo of the serial number of their
Participating Product within seven (7) days of receiving the Participating
Product through that claimant’s Track Claim Page, provided that the claimant's
Participating Product is delivered and its serial number is submitted no later
three (3) months after the end of the Promotional Period. The Track Claim Page will close at 11:59pm (AEDT) on Friday, 17
February 2017 and serial numbers of Participating Products cannot be submitted
to the Promoter (and therefore claims for Gifts cannot be completed) after this
time, except where a claimant cannot submit their serial number before this
time because the delivery of their Participating Product is delayed by the
Promoter, the relevant Participating Reseller, or their distributors (in which
case claimants should email the Promoter using the address at the end of these
Terms and Conditions to arrange to make a claim).
||The Promoter will validate the serial number,
photo of the serial number and tax invoice submitted by each claimant and will
inform a claimant who has provided any invalid serial number, and/or photo of
the serial number and/or tax invoice by email. The claimant will have fourteen
(14) days from the date of that email to provide a valid serial number, and/or
photo of the serial number and/ or tax invoice, as applicable, through that
claimant’s Track Claim Page.
||The Promoter reserves the right to invalidate
any claims if the claimant has failed to provide a valid serial number, and/or a
photo of the serial number and/or tax invoice within fourteen (14) days of
notification of an invalid serial number, and/or photo of the serial number and/or
tax invoice by the Promoter.
||If the Promoter requires any further information
in order to validate a submitted Online Claim Form, the Promoter will inform
the claimant by email. The claimant will then have fourteen (14) days from the
date of the notification email to provide the requested information to the
Promoter, unless expressly stated otherwise in the notification email. The Promoter
may, in its absolute discretion, invalidate any claim if the relevant claimant fails
to provide the further requested information within fourteen (14) days of the
notification email by the Promoter.
||The Promotion and/or any time period that
claimants have to make claims and provide further information (including serial
numbers) may be extended in the Promoter’s absolute discretion.
||The Promoter reserves the right, at any time, to
verify the validity of claims and claimants (including a claimant’s identity, contact
number and place of residence, tax invoice and serial number) and to disqualify
any claimant who submits a claim that is not in accordance with these Terms and
Conditions or who tampers with the claim process. The Promoter’s decision is
final and no correspondence will be entered into. Failure by the Promoter to
enforce any of its rights at any stage does not constitute a waiver of those
||Incomplete, indecipherable or illegible claims
will be deemed invalid. Claimants are responsible for ensuring their correct
contact number, email address and address details are provided and any updated
details are notified to the Promoter. The Promoter accepts no responsibility
should an otherwise Eligible Claimant fail to receive their Gift because of a
failure to provide correct details or to notify of a change to those details,
or for providing an invalid serial number.
Multiple claims for a Gift are permitted,
subject to the following.
only one (1) claim is permitted per Participating Product;
only three (3) claims are permitted per household; and
each claim must be submitted separately and in accordance with these
Terms and Conditions.
||Eligible Claimants will be notified by email to
their nominated email address that their claim has been deemed valid within a
reasonable period of time. The Promoter will then arrange for the Eligible
Claimant to receive the Gift.
Australia Pty Ltd ACN 127 466 899 is the distributor of the Gifts issued by
Hoyts, Woolworths, Super Retail Group and Coles. Digital Glue Australia
Pty Ltd is not the promoter of the Promotion, nor responsible for fulfilment of
the offer terms. Gifts are valid for 12 or 24 months from the date of issue
depending on the Gift chosen and are redeemable only at participating Hoyts
cinemas, or Dan Murphy’s, Supercheap Auto or Coles stores (as applicable).
Please see terms and conditions of each Gift for more details. Gifts will be
issued via email to applicable Eligible Claimants’ email addresses as provided
on their Online Claim Forms within 60 days of the Promoter’s approval of each
||The Promoter reserves the right to reclaim from
any Eligible Claimant their Gift (or the equivalent dollar value of their Gift)
if the Participating Product Purchased by the Eligible Claimant is returned
after the claim for a Gift has been processed and fulfilled. This clause does
not limit or affect the Eligible Claimant’s rights with regards to warranties
on the Participating Product either from the manufacturer or implied by
||If a Gift is unavailable, the Promoter, in its
discretion, reserves the right to substitute a Gift with a gift of equal value.
||A Gift is not transferable or exchangeable for
cash or otherwise, and may be claimed only by the Eligible Claimant who
Purchased the Participating Product.
||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 Promoter, the Promoter reserves the
right, in its sole discretion, to the fullest extent permitted by law, to: (a)
disqualify any claimant; or (b) modify, suspend, terminate or cancel the Promotion,
||Each Eligible Claimant is responsible for all
ancillary costs in completing the Online Claim Form and in claiming and using
their Gift, including any internet service charges.
||Any cost associated with accessing the
Promoter’s website for the purpose of registering a claim is each claimant’s
responsibility and is dependent on the internet service provider used. The
Promoter makes no guarantee of the availability of its web services and will
not be held responsible for interruption of service that may interfere with the
ability to participate in the Promotion or to receive or use the Gift.
||Subject to clause 29, the
Promoter (including its officers, employees and agents) excludes all liability
(including negligence) for any personal injury, or any loss or damage
(including loss of opportunity), whether direct, indirect, special or
consequential, arising in any way out of the Promotion, including, but not
limited to, where arising out of the following: (a) any technical difficulties
or equipment malfunction (whether or not under the Promoter’s control); (b) any
theft, unauthorised access or third party interference; (c) any claim, original
purchase documentation or Gift that is late, lost, altered, damaged or
misdirected (whether or not after their receipt by the Promoter) due to any
reason beyond the reasonable control of the Promoter; (d) any variation in the Gift
value to that stated in these Terms and Conditions; (e) any tax liability
incurred by a claimant; or (f) any use of the Gift.
||Nothing in these Terms and Conditions is
intended to exclude, restrict or modify any consumer rights under the Competition
and Consumer Act 2010 (Cth) ("CCA")
or any other legislation which may not be excluded, restricted or modified by
agreement. If the CCA or any other legislation implies a condition, warranty or
term into these Terms and Conditions or provides statutory guarantees in
connection with these Terms and Conditions, in respect of goods and services
supplied (if any), the Promoter's liability for breach of such a condition,
warranty, other term or guarantee is limited (at the Promoter's election), to
the extent it is able to do so: (a) in the case of supply of goods, the
Promoter doing any one or more of the following: (i) replacing the goods or
supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of
replacing the goods or of acquiring equivalent goods; and/or (iv) paying the
cost of having the goods repaired; or (b) in the case of supply of services,
the Promoter doing either or both of the following: (i) supplying the services
again; and/or (ii) paying the cost of having the services supplied again.
||By participating in this Promotion, each
claimant grants to the Promoter an irrevocable, indefinite licence to use any
content provided in their claim anywhere in the world for promotional,
marketing or publicity purposes without remuneration, fees or royalties of any
type or description
||These Terms and Conditions are governed by the
laws of New South Wales. Each claimant submits to the non-exclusive
jurisdiction of the courts of New South Wales.
||Consumer promotion support is available at:
Phone: 1800 900 730