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Terms and Conditions

1. Apply to customers who purchased Participants who purchased designated models of Samsung TV from Samsung Online Shop.
2. Participants who purchased designated models of Samsung TV genuine products from Samsung Online Shop. Eligible Customer who purchased Designated TV Products and added eligible smartphone to cart will automatically apply the discount and have the designated gifts removed. If there are more than 1 eligible gift, the system will automatically apply the higher discount.
3. By participating in this Promotion, each Eligible Customer agrees to be bound by these Terms and Conditions. Samsung reserves the right to amend these Terms and Conditions, please check for updates on https://shop.samsung.com/hk_en/tv-premium-upgrade, the latest version shall prevail. If there is any inconsistency between these Terms and Conditions and any advertising, publicity and other materials relating to or in connection with this Promotion, these Terms and Conditions shall prevail.
4. Each Eligible Customer is only entitled to swap the Gift (smartphone) for 2 times; each designated gifts upon TV purchase can be swapping for the Gift (smartphone) for only 1 time.
5. The Gift (smartphone) is on a first-come-first-served basis while stocks last.
6. The Gift (smartphne) will be forfeited if Eligible Customer fails to add the eligible smartphone to cart during checkout. Eligible Customer shall not make any claim against Samsung whatsoever, and Samsung shall not bear any liability whatsoever.
7. Samsung reserves the right to disqualify any Eligible Customer from the Gift where it has reasonable grounds to believe that Eligible Customer has violated these Terms and Conditions or any instructions and/or requirements of this Promotion, or that Eligible Customer may have gained an unfair advantage by participating in this Promotion or redeemed the Gift using fraudulent means.
8. The Gift cannot be transferred or sold, cannot be exchanged for cash or other offers/gifts. Samsung reserves the right to change or substitute the Gift with other gift of a comparable or equivalent value as it deems fit.
9. The Gift is only available to an Eligible Customer who purchased the Designated Product for private and domestic use. Non-end users (including but not limited to, distributors and resellers) are not eligible to participate in this Promotion.
10. Samsung provides 12month warranty for the Gift (smartphone) since the date of purchase. Each Eligible Customer acknowledges and agrees that Samsung shall not be held liable for the gifts, including but not limited to, the quality, supply, description or warranty service of the gifts.
11. Except where expressly provided herein, each Eligible Customer shall bear any costs, expenses and relevant tax payments incurred resulting from participating in this Promotion and no reimbursement may be sought from Samsung.
12. By participating in this Promotion, Eligible Customer agrees to exempt and exclude Samsung from all claims or liabilities of any nature arising from participating in this Promotion or otherwise related to this Promotion, including but not limited to, any damage or loss caused by the acquisition, receipt, possession, use or misuse of the Gift or other reasons, and any claim or ground for litigation of any type or nature which the Eligible Customer may potentially possess based on such damage or loss. The above disclaimer is not applicable to damage or loss caused by fraud (including misrepresentation), or death or personal injury caused by negligence.
13. Terms with the effect of disclaiming liabilities in these Terms and Conditions shall be applied to the fullest extent permitted by applicable laws.
14. Each Eligible Customer agrees to indemnify and hold Samsung harmless from and against any and all claims, damages, liabilities, costs and expenses (including legal costs on an indemnity basis) arising from any misconduct or negligence, as well as breach of these Terms and Conditions for which such Eligible Customer is liable.
15. If this Promotion is interfered with in any way or is not capable of being conducted due to any reason beyond Samsung's reasonable control, including but not limited to computer system defects, breakdown of web services, virus infection, hacking, technical failure and/or any force majeure events, Samsung reserves the right in its sole discretion to modify, suspend, terminate or cancel this Promotion, in whole or in part, as appropriate. Samsung shall not bear any liability therefrom.
16. In the event of any dispute arising from or in connection with this Promotion or relating to the interpretation of these Terms and Conditions, Samsung reserves the right of final decision. By participating in this Promotion, each Eligible Customer agrees that any personal data provided in connection with this Promotion will be collected, used and retained by Samsung, its affiliates and its third party service providers (whether in Hong Kong or abroad) (collectively “Data Users”) for the purposes of (i) verifying eligibility and identity of Eligible Customer, (ii) Gift redemption related and other purposes directly related to this Promotion. Such personal data will be kept in strict confidence and not be disclosed to other third party or used for any other purposes without Eligible Customer’s consent. Data Users will collect and use the personal data in compliance with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) and Samsung Privacy Policy. Please refer to Samsung website (//www.downloadgt.com/hk_en/info/privacy/) for details of Samsung Privacy Policy, and request for access to or correction of any personal data.
17. No person other than the Eligible Customer and Samsung will have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce these Terms and Conditions or enjoy any benefits therein.
18. An English version of these Terms and Conditions is provided for reference only. If there is any inconsistency between the English and Chinese versions, the Chinese version shall prevail.
19. These Terms and Conditions and /or any claim or dispute arising from or in connection with this Promotion shall be governed by and construed in accordance with the Laws of Hong Kong, without regard to its conflict or choice of law provisions. The parties agree to the exclusive jurisdiction of the courts of the Hong Kong SAR.
20. If any terms in these Terms and Conditions is judged to be illegal, invalid or unenforceable, it shall be replaced by a term which achieves Samsung’s intention to the greatest extent possible, and the validity and enforceability of the rest of the Terms and Conditions shall not be affected.