TERMS & CONDITIONS FOR THE SAMSUNG S21 FE GUARANTEED TRADE-IN

PROMOTION TERMS & CONDITIONS FOR THE SAMSUNG S21 FE 5G GUARANTEED TRADE-IN VALUE PROMOTION

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. Please refer to this website for the current Terms and Conditions for this Promotion on https://trade-in.regener8group.co.za/switchtogalaxy/s21fe-guaranteed-value-terms-conditions/
All participants during the term of this Promotion agree to be bound by the following Terms and Conditions:
1. Promotion:
SAMSUNG S21 FE 5G GUARANTEED TRADE-IN VALUE (“Promotion”). 
1.1 The promoter of the Promotion is Samsung Electronics South Africa (Proprietary) Limited, Registration number: 1994/003872/07 and/or its agencies (“Organizer”).
2.1 The trade-in partner of the Promotion is Regener8 Group Proprietary Limited, Registration number: 2017/308339/07 and/or its agencies (“trade-in partner/ Regener8”)
2. Promotion Period:
2.1. The Promotion will run from the 1 February 2022 (00h00) to 31 March 2022 (23h59) (“the Promotion Period”).
2.2. The duration of the Promotion may be extended or curtailed at the discretion of the Organizer.
3. Who may enter:
3.1. All participants must:
3.1.1. be citizens of the Republic of South Africa and/or a legal residents of the aforesaid country;
3.1.2. be currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period;
3.1.3. must be a natural person and be at least 18 (eighteen) years old at the date of the commencement of the Promotion Period;
3.1.4. be in the possession of a valid South African identity;
3.1.5. Participation in this Promotion includes the Organizer, their 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 in connection with the Promotion and their spouses, life partners, parents, children, siblings, business partners or associates;
3.1.6. Misrepresentation of participants or in store sales representatives will result in the disqualification of the claim and possible legal action.
4. How to qualify for the Promotion: 
4.1. the participant must, within the Promotion Period:
4.1.1. Be a participant in terms of section 3 above;
4.1.2. must have made a valid purchase of a Galaxy S21 FE 5G (“Promotion Device”) during the Promotion Period from an authorized Samsung device reseller or Samsung Online store;
4.1.3. The participant will be required to utilise the IMEI number of their Promotion Device to apply for a trade-in of their Pre-Owned device as outlined in clause 4.1.4 to qualify for the Offer detailed in clause 6 below;
4.1.4. Upon the purchase or following the purchase of the Promotion Device, the participant must trade-in one of the following Pre-Owned devices (“Pre-Owned Device”) within the Promotion Period:
Device Range: Device Model:
Samsung S Series S9, S9+, S10, S10e, S10+, S20FE, S20, S20+, S20 Ultra, S20 FE
Samsung Note Series Note10, Note10 Lite, Note10+
Samsung A Series A51, A51 5G, A71, A80
Apple iPhone 8, 8 Plus, SE (2020), X, Xs, XR, Xs Max, 11, 11 Pro, 11Pro Max, 12, 12 Pro, 12 Pro Max
Huawei P Series Nova 5T, Mate 20, P30, P30 Pro, P40, P40 Pro
4.1.5. The Offer outlined in clause 6 below will only be provided in respect of Pre-Owned Device(s) that are deemed by the trade-in partner through inspection of the Pre-Owned Device to be a Grade A, B or C device as per the table below:
Grading: Description:
Grade A Device in full working condition
Grade B Faulty device with physical damage such as scratches, dents, cracks etc.
Grade C Faulty device with damaged or Faulty LCD
4.1.6. In the event that the Pre-Owned Device does NOT switch on with a charger and is given a level D grading, then the Pre-Owned Device will not qualify for the Offer and the normal trade-in value offered for a Grade D device will be paid for that device.
5. Can I qualify more than once for the Offer:
5.1. The Promotion is limited to one entry per Promotion Device purchased, should there be any dispute in this regard, the Organizer shall be sole adjudicator of the dispute and the Organizer’s decision shall be final.
6. Offer:
6.1. The Promotion will afford the participant, within the promotion period, the opportunity to receive a minimum trade-in value (“Guaranteed Value”) for a trade-in of one of the Pre-Owned Devices outlined in clause 4.1.4 when they purchase the Promotion Device provided the Pre-Owned Device is deemed by the trade-in partner to be a Grade A, B or C device as set forth in clause 4.1.5 (“the Offer’). The Guaranteed Value for the Promotion Device would be a minimum of R4,000.00 (inclusive of VAT.)
6.2. The participant should apply for the trade-in through a Participating Retail Partner for the Guaranteed Value to be paid to a participant by way of:
6.2.1. a reduction in the monthly contract payment of your Promotion Device of R300 per month on a 24-month contact or R200 per month on a 36-month contract, if the Promotion Device is taken out on any other participating operator network; or
6.2.2. the Guaranteed Value will be paid out either as a discount on the Promotion Device or other purchases or a gift card at the participating partner store, to participants who submit a valid IMEI number confirming they purchased a Promotion Device as part of the online or in store trade-in process.
6.3. Should the trade-in be unsuccessful, the participant will be required to repay the Guaranteed Value directly to the trade-in partner (if the participant applied for the trade-in through the Samsung Online trade in platform) or the relevant Participating Retail Store (if the participant applied for the trade-in through a Participating Retail Store). Bank charges will apply.
6.3.1 An unsuccessful trade-in can take place in circumstances where the Participant receives the GV and the device is not of the expected grade, expected device model or the Promotional Device is not a South African device; or
6.3.2 if it has been established that the trade-in device does not belong to the participant.
6.4. Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted.
6.5. The Offer may differ from that shown on the promotional material with regard to colour and specs and same shall be subject to availability and in the Organizer’s sole discretion to select same.
6.6. The above promotional Offer is available on a “while stocks last” basis and the promotor cannot be held accountable once the stock of the promotional Offer has been depleted.
6.7. The Organizer reserves the right to change the Offer should they deem necessary, to an Offer of similar economic value.
6.8. Any and all tax implications and liabilities as a result of receiving the Offer will be solely borne by the participant.
7. Redemption of Offer:
To redeem your Offer in relation to the Promotion Device, the participant must follow the following steps and/ or instructions within the promotion period:
7.1. In store trade-in for Guaranteed Value redemption and Promotion Device purchase at a participating Retailer:
7.1.1. Step 1: Prepare as many Pre-Owned Device(s) as you are trading-in to be immediately taken by Participating Retail Store by:
(1) backing up files and information from the Pre-Owned Device;
(2) perform a factory reset on the Pre-Owned Device;
(3) deactivate the Pre-Owned Device from google or iCloud account, and
(4) remove sim and memory cards.
7.1.2. Step 2: Go to a Participating Retail Store, where your Pre-Owned Device will be graded to confirm the final trade-in amount. Payment of the Guaranteed Value or a higher amount will be based on whether the criteria in clause 4.1.5 have been met. In the event that the criteria in clause 4.1.5 have not been met and the device is given a level D grading as contemplated in clause 4.1.6 , the final trade-in amount will be a lower amount, determined by the Organizer, which amount you are entitled to accept.
7.1.3. Step 3: In the event that you agree to the trade-in value provided by the Participating Retail Store, which value may be the Guaranteed Value or a value higher than the Guaranteed Value or a value lower than the Guaranteed Value (which will be dependent upon whether the criteria set out in clause 4.1.5 or 4.1.6 have been met), the participant must agree to the terms and conditions of the Participating Retail Store’s trade-in agreement.
7.1.4. Step 4: When you agree to the final trade-in amount you will provide your personal details to be added to the trade-in agreement for sale of your Pre-Owned Device(s).
7.1.5. Step 5: The final trade-in amount, which may either be the Guaranteed Value or an amount higher than the Guaranteed Value or an amount lower than the Guaranteed value (which will be dependent upon whether the criteria set out in clause 4.1.5 or 4.1.6 have been met) , will be paid by the Participating Retail Store to a participant by way of:
7.1.5.1. the Guaranteed Value will be paid out by way of an EFT or a Samsung Online Store voucher to participants who submit a valid IMEI number confirming they purchased a Promotion Device as part of the online trade-in process.
7.1.5.2. the Guaranteed Value will be paid out by way of a discount on purchases or a Retailer Gift Voucher to participants who purchased a Promotion Device at a participating Retail Partner.
7.2. In store trade-in for Guaranteed Value redemption and Promotion Device purchase at a participating Network Operator:
7.2.1. Step 1: Prepare as many Pre-Owned Device(s) as you are trading-in to be immediately taken by Participating Retail Store by:
(1) backing up files and information from the Pre-Owned Device;
(2) perform a factory reset on the Pre-Owned Device;
(3) deactivate the Pre-Owned Device from google or iCloud account, and
(4) remove sim and memory cards.
7.2.2. Step 2: Go to a Participating Retail Store, where your Pre-Owned Device will be graded to confirm the final trade-in amount. Payment of the Guaranteed Value or a higher amount will be based on whether the criteria in clause 4.1.5 have been met. In the event that the criteria in clause 4.1.5 have not been met and the device is given a level D grading as contemplated in clause 4.1.6 , the final trade-in amount will be a lower amount, which amount you are entitled to accept.
7.2.3. Step 3: In the event that you agree to the trade-in value provided by the Participating Operator Network Store, a reduction in the monthly contract payment of R300 per month on a 24-month contact or R200 per month on a 36-month contract will be applied and the participant must agree to the terms and conditions of the Participating Retail Store’s trade-in agreement.
7.2.4. Step 4: When you agree to the final trade-in, you will provide your personal details to be added to the trade-in agreement for sale of your Pre-Owned Device(s) and sign the relevant T&Cs in acceptance.
8. Limitation of Liability:
8.1. To the extent permitted by Consumer Protection Act and any other applicable law:
8.1.1. The participant 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 participant’s entrance to the Promotion.
8.1.2. the Organizer 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).
8.2. Data charges may be incurred by the participant during the redemption process of the Offer and the Organiser will not be responsible for any such costs.
8.3. Network rates apply.
8.4. Cost associated with redemption process of the Offer will be for the participants and the Organiser will not be responsible for any such costs.
8.5. The Organizer accepts no responsibility for entries lost, misdirected, illegible, incorrect information, late, mutilated or altered. Entries that do not comply with these Terms and Conditions will be disqualified.
8.6. All personal information exchanged with the usage of third party applications will not be monitored or controlled by the Organiser. The participant bares the responsibility to ensure that it is aware of the terms and conditions applicable to usage of 3rd party applications. The participant understands and agrees to indemnify the Organiser from all liability arising from whatsoever nature.
9. General:
9.1. In accordance with the confidentiality policies and practices of the Organizer, none of the entry details of any participant in this Promotion will be disclosed or used by the Organizer for any purposes other than for entry into the Promotion and in accordance with clause 9.3 below.
9.2. Participants acknowledge and accept that the Organizer shall utilise a third party (the “Organizer’s authorized agent/s”) to contact the participant, in the event that the participant qualifies for the Promotion, and to arrange delivery of the Offer, where applicable. In order to affect the contacting and delivery process, the Organizer’s shall provide the participant’s information to such third party.
9.3. By participating in the Promotion, the participants agree that the Organizer 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 Organizer for such purpose. The Organizer 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 Organizer’s affiliates and third party service providers in any country. Details of participants will not be used by the Organizer for Samsung related communication should the participants opt-out to receive further communication from the Organizer.
9.4. The Organizer may require the participant to be identified and photographed. Photographs may be published in printed media, or the participant may be required to appear on radio and television when accepting their Offer and/or after having received their Offer. The participant will be given the opportunity to decline to the publication of their images and to participate in the Organizer’s marketing material in so far as it relates to the Promotion.
9.5. Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion. In the event however, of any conflict between the advertising material and these Terms and Conditions, these Terms and Conditions will prevail.
9.6. The Organizer’s 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 trade in partner’s website https://trade-in.regener8group.co.za/terms-conditions-for-the-samsung-s21-fe-guaranteed-trade-in/
9.7. The onus rests on the participant to constantly check the website for updates to the terms and conditions.
9.8. 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 Organizer, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organizer reserve the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.
9.9. Save as permitted by Law, the Organizer reserves the right to cancel, suspend or terminate this Promotion, without notice at any time, and such cancellation, termination or termination shall be deemed to have taken effect from the date of publication on the trade in partner’s website https://trade-in.regener8group.co.za/terms-conditions-for-the-samsung-s21-fe-guaranteed-trade-in/
9.10. No liability shall lie against the Organizer in favour of any participant, participant(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.
9.11. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized Participating Retail Stores, associated with this Promotion.
9.12. 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.
9.13. 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 Offer owing to, but not limited to, stock unavailability, strike, lock out, destruction of Offer on route 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.
9.14. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
9.14.1. 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;
9.14.2. 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.
10. Consumer Protection Act: 
10.1. 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 (the “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.