Rules

THE SAMSUNG ONLINE REVIEWS DONATION CAMPAIGN WITH THE HOSPITAL FOR SICK CHILDREN FOUNDATION Terms and Conditions

READ CAREFULLY: Samsung Electronics Canada inc. (“Samsung”) reserves the right, subject to any required approval of any regulatory authorities, to cancel, amend, modify or terminate these Terms and Conditions of the Samsung Online Reviews Donation Campaign with The Hospital for Sick Children Foundation  (the “Program”) at any time in its sole discretion and without further notice. Changes to these Terms and Conditions will be posted online at https://www.samsung.com/ca and https://www.samsung.com/ca_fr. You must comply with these Terms and Conditions and you will be deemed to have received, understood and agreed to these Terms and Conditions if you participate in the Program.

ELIGIBILITY: The donation is open to legal residents of Canada who have reached the age of majority in their province or territory of residence (or, if under the age of majority, have the consent of their parent or legal guardian to participate in the Program), except employees, officers, agents, representatives (and those with whom they are domiciled) and affiliates of Samsung, The Hospital for Sick Children Foundation (the “Foundation”) and its advertising and promotion agencies.

PROGRAM: For every individual Samsung product review made online during the Program Period (as defined below) at https://www.samsung.com/ca and https://www.samsung.com/ca_fr (each, a “Review”), whether positive or negative, Samsung will donate $10.00 to the Foundation, up to a maximum of $5,000. The Program will commence at 12:00 PM EST on December 4, 2023 and end at 11:59 PM EST on December 31, 2023 ("Program Period").

HOW TO PARTICIPATE IN THE PROGRAM: You can participate in the Program by leaving a Samsung product Review online at https://www.samsung.com/ca and https://www.samsung.com/ca_fr, whether positive or negative, during the Program Period. Once you reach the online link, click the link to "Write a Review". Then, write your Review of your Samsung product, include a Review title and complete all remaining required fields. You will be asked to provide your Samsung product rating and include your Review nickname and e-mail address. Finally, select "Yes" to confirm you agree to these Terms and Conditions.

Each Samsung product Review must be focused on a Samsung product and your individual experience using it and provide details about why you liked or disliked the product. All submitted Reviews are subject to Samsung's Ratings and Reviews Terms of Use and Review guidelines, which are included for reference in Exhibit A.

Each Review must be your own original work and based on your own experience. Each Review needs to be for a specific Samsung product. You can write more than one Review during the Program Period provided that each Review will be for a specific and different Samsung product.

YOUR REPRESENTATIONS AND WARRANTIES: You represent and warrant that each Review:

is original and that you have or have obtained all necessary rights in and to the Review, as applicable. For example, you must have permission to use any and all artwork, photographs, video and/or music contained in the Review, as well as consent of the videographer, if applicable;

does not violate any law, statute, ordinance or regulation;

does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals (and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence);

will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and

is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:

nudity, explicit, graphic or excessive sexual activity;

crude, vulgar or offensive language and/or symbols;

derogatory characterizations or generalizations of any ethnic, racial, sexual or religious groups;

content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;

personal information of individuals, including without limitation, names and addresses (physical or e-mail);

photographs or images of individuals unless consent has been obtained;

conduct or other activities in violation of these Terms and Conditions ;

commercial messages, claims, comparisons or solicitations for products or services, other than Samsung products or services;

any identifiable third party products and/or trade-marks, brands, logos or copyright. For example, any clothing worn by persons appearing in the artwork, photographs, video and/or music contained in the Review must not contain any visible/identifiable logos, trade-marks or other third party materials, unless the necessary permissions/licenses have been obtained; and

any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Samsung in its sole discretion.

YOUR REPRESENTATIONS AND WARRANTIES ARE CONTINUING REPRESENTATIONS AND WARRANTIES. THEY MUST BE TRUE AT ALL TIMES. PLEASE NOTE ALL THE REVIEWS ARE MADE PUBLIC.

GENERAL CONDITIONS:

AGREEMENT: By submitting the Review, you agree to the publication, reproduction and/or other use of (i) your name, city of residence, statements about the Review, and photograph or other likeness and (ii) the Review, without further notice or compensation, in any publicity or advertisement carried out by Samsung or its advertising and promotion agencies in any manner whatsoever, including print, broadcast or on the Internet. The Program is subject to all applicable federal, provincial, territorial and municipal laws and regulations.

RESPONSIBILITY: Samsung does not assume any responsibility for lost, delayed, damaged, illegible or misdirected Reviews or for failure of the Internet during the Program Period, or for any problems or technical malfunction of any telephone network or lines, computer systems, servers, access providers, equipment, software, or for failure of any email or for traffic congestion on the internet or at any website, or any combination of any of these, or for any injury or damage to your computer or that of any other person including where such injury or damage is related to or arising from submitting a Review.

EXHIBIT A: CUSTOMER RATINGS AND REVIEWS TERMS OF USE

Samsung Canada Customer Ratings Terms and Conditions

WELCOME

We, Samsung Electronics Canada Inc. and/or its affiliates (“we” “our” or “Samsung”), provide the Customer Ratings and Review Service (“Services”), and these Terms and Conditions (“Terms”) will cover your use of our Services.

ACCEPTING OUR TERMS

Please read these terms and conditions carefully. By creating an account and/or using our Services, you confirm that you accept these Terms. You also confirm that:

1. You have reached the age of 18; or

2. You are 13 or older but younger than 18 (“Minor”), and you represent that you have reviewed these Terms with your parent or legal guardian and that you and your parent or legal guardian understand and consent to the terms and conditions of these Terms. If you are a parent or legal guardian permitting a Minor to use the Services, you agree to: (i) supervise the Minor's use of the Services; (ii) assume all risks associated with the Minor’s use of the Services including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume any liability resulting from the Minor’s use of the Services; (iv) ensure the accuracy and truthfulness of all information submitted by you or the Minor; and (v) assume responsibility and are bound by these Terms for the Minor’s access and use of the Services.

Sometimes we may need to make changes to these Terms. We’ll let you know about any changes by posting the updated Terms on our website. If we think the changes are material, we may send a notification to the email address linked to your Samsung Account before the updated Terms become effective. If you don’t agree to the changes, you can stop using our Services and delete your Samsung Account. By continuing to use our Services and/or your Samsung Account after the updated Terms become effective, you confirm that you understand and accept the updated Terms.

USING OUR SERVICES

LICENCE | We grant you a limited, non-exclusive, non-transferable and revocable licence to use our Services only as authorized in this Agreement. You may only use our Services for personal and non-commercial purposes, according to these Terms and the instructions we provide in our Services. All references to our Services include all related content and any other materials used to implement and provide access to our Services, including text, graphics, user interfaces, scripts and software used to implement and provide access to the Services, and any updates, upgrades, enhancements, modifications, revisions or additions to our Services we make available to you. However, we are under no obligation to provide any updates, upgrades, enhancements, modifications, revisions or additions to the Services. You acknowledge and agree that our Services belong to us and our partners, and are protected under applicable copyright, trademark, trade secret, patent, and other intellectual property laws and treaties. These Terms do not grant you any ownership interest in, or to our Services, but only a limited right of use that can be revoked according to these Terms. The availability and features of our Services may vary depending on where you live, which device you’re using, or which software or operating system version you have.

USER GUIDELINES | We work hard to protect the security and safety of all users of our Services. We also strive to make our Services available without interruptions. To help us meet these goals, you agree that:

1. You won’t reverse engineer, decompile, disassemble, or make any attempts to discover the source code or algorithms of our Services.

2. You won’t modify or disable any features of our Services.

3. You won’t create any derivative works based on our Services.

4. You won’t rent, lease, lend, sublicense, or provide any commercial hosting services using our Services.

5. You won’t infringe our intellectual property rights or the rights of anyone else while using our Services.

6. You won’t use our Services in any way that violates these Terms or any laws, rules, regulations, codes of practices, guidelines or any other requirements of regulatory authorities, as amended from time to time, within the jurisdiction in which you are a resident or from which you are using the Services (“Applicable Law”).

7. You won’t use our Services in any fraudulent or malicious way, for example to introduce viruses, malicious code, or harmful data.

8. You won’t use our Services in any way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users.

9. You won’t collect or harvest any information or data from our Services or systems or attempt to decipher any transmissions to or from the servers running our Services, except to the extent allowed by Applicable Law.

INTERNET | Our Services may require Internet access to provide certain features to you. You acknowledge that access to the Internet may result in charges depending on your service provider and payment plan, and that we are not responsible for the availability or speed of the Internet. When using the Services over mobile networks, you should be aware that your network provider may charge you for access to its network, the duration of your mobile phone's/mobile device's connection to the network and the data volume used to use the Services or third party products. You are entirely responsible to check with your network provider whether any such costs may apply before using the Services or third party products in this respect.

UPDATES | We’re always working to make our Services better. To share improvements and new features with you, we may provide updates or upgrades to our Services. These updates and upgrades are designed to improve, enhance, and further develop our Services and may include bug fixes, patches, enhanced features, plug-ins, and new versions. Updates will be governed by these Terms unless separate terms and conditions are provided with such updates, in which case those separate terms and conditions shall govern the updates. Essential updates, such as critical bug fixes or security updates, may be downloaded and installed automatically without your consent to protect you and other users. For other non-essential updates, you will be notified in advance and be able to choose whether to download and activate the update.

THIRD PARTY SERVICES | We work with a global network of partners to provide you with useful content in our Services. This may include information, links, advertisements, or other contents provided by third parties (“Third-Party Services”). We aren’t responsible for, and have no control over, any Third-Party Services, and we aren’t liable for any damages or losses that are caused by any Third-Party Services.

ADVERTISEMENTS | We provide most features of our Services for free. To keep these features free, you agree that we may show you ads, promotions or other content and materials provided by us or third parties while you use our Services. We will contact or send you marketing communications such as special offers, membership benefits and newsletters where you have opted to receive such information and communication.

SAMSUNG ACCOUNT

You may need to create an account to use some of our Services (“Samsung Account”). By creating a Samsung Account, you agree that:

1. You’ll provide accurate and complete information when you create your account.

2. You’ll update your account if any of your information changes.

3. You’ll safeguard your password and won’t share it with anyone.

4. You’ll contact us immediately if you suspect anyone else is using your account.

You can delete your Samsung Account at any time on our website.

USER CONTENT

Some of our Services allow you to share things like comments, photos, messages, or documents with us or with other users. When you share content, you continue to own the intellectual property rights to your content and you are free to share the content with anyone else wherever you want. However, to use your content in our Services, you need to grant us a licence for any content that you create or upload using our Services. When you upload, transmit, create, post, display or otherwise provide any information, materials, documents, media files or other content on or through our Services (“User Content”) you grant us an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive licence to copy, reproduce, adapt, modify, edit, distribute, translate, publish, publicly perform and publicly display the User Content (“User Content Licence”), to the full extent allowed by Applicable Law. We also have the right to disclose your identity to any third party who makes reasonable claims that any material posted or uploaded by you to the website constitutes a violation of their intellectual property rights or their right to privacy.

We do our best to keep User Content safe, but we’re not responsible if any of your User Content or other data is lost. You should keep local copies or make backups of contents and other data, just in case something goes wrong.

YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS).

YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT US THE USER CONTENT LICENCE; (II) THE USER CONTENT DOES NOT AND WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD- PARTY RIGHTS; (III) THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER APPLICABLE LAW.

CHANGE / TERMINATION

CHANGE | We may, at any time, without prior notice to you:

1. Change, add, suspend, or remove features from our Services.

2. Suspend or terminate your right to use our Services, including access to your account or data.

3. Pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all content from our Services.

ENDING THESE TERMS | BY YOU | You can terminate these Terms at any time by deleting your Samsung Account and stopping your use of our Services.

ENDING THESE TERMS | BY SAMSUNG | We may suspend or delete your Samsung Account or stop providing you with all or part of our Services at any time, without prior notice to you, if:

1. You have violated, or we reasonably suspect that you have violated these Terms or the instructions we provide in our Services.

2. You have clearly demonstrated (either directly or through your actions, statements, or otherwise) that you don’t intend to comply with these Terms.

3. We or any supplier or partner of Samsung providing the Services to or together with Samsung, decide to end all or part of our Services (either worldwide or in the country where you are a resident or from where you are using our Services).

4. We are required by Applicable Law to end all or part of our Services (for example if due to changes in Applicable Law or due to court rulings or judgements which make the Services or parts of them to become or be considered unlawful).

If we suspend or delete your Samsung Account, we’ll try to notify you using the email address associated with your account or the next time you attempt to access your account or our Services, depending on the circumstances. In all such cases, these Terms will terminate, including, without limitation, your licence to use our Services. This means that you have to stop using all of our Services. The termination of these Terms shall have no prejudice to any rights, obligations, and liabilities that you or we have accrued or incurred during the term of these Terms. You agree that if Samsung disables access to your account, you may be prevented from accessing the Services, your account details or any files, User Content or third party products that are stored with your account. Samsung may in its sole discretion, however, allow you to backup your User Content stored with Samsung through the use of the Services. You understand that Samsung may delete your User Content after a reasonable backup period has lapsed ("Backup Grace Period"). Different Backup Grace Periods may apply depending on the specific Service and the efforts required to backup the particular User Content.

NOTICE | We will provide you with reasonable notice of any change, suspension or discontinuation of our Services, unless it is urgently required, in which case we will notify you at the same time as the change, suspension or discontinuation. To the maximum extent permitted by Applicable Law, we will not be liable to you or to any third party if we exercise such rights.

PRIVACY AND PROTECTION OF PERSONAL DATA | You acknowledge and agree that Samsung and/or parties that are entrusted by Samsung may collect and use information necessary to provide the Services and updates, and improve or enhance the Services. At all times your information will be treated in accordance with Samsung’s Privacy Policy and any Privacy Policy applicable to the Service you are using. Samsung’s Privacy Policy can be viewed at: http://account.samsung.com/membership/terms/privacypolicy.

DISCLAIMER OF WARRANTY | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR SERVICES, OR TO CREATE ANY WARRANTY OF ANY SORT FROM US.

WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT OUR SERVICES OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER; (ii) WILL BE FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS; OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY SERVICES, ADVERTISEMENTS, CONTENT, OR ANY OTHER PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SERVICES.

LIMITATION OF LIABILITY | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO A SPECIFIC SERVICE EXCEED THE AMOUNT YOU PAID US FOR SUCH SPECIFIC SERVICE. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND EVEN TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.

INDEMNIFICATION | You agree to indemnify, defend, and hold harmless us, our licensors, our agents, and all officers, directors, and employees from any and all third-party claims, actions, losses, damages, liabilities, judgements, grants, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of our Services or use by any person that you allow to use our Services that is not in accordance with these Terms, (ii) any breach of this Agreement by you or by any person that you allow to use our Services, or (iii) any violation of any laws or regulations or the rights of any third party by you or by any person that you allow to use our Services.

GENERAL 

COPYRIGHT POLICY | We respect the intellectual property rights of others. If you believe that your intellectual property rights, including copyrights, trademarks or patents, are being infringed, please contact us at 1 (800) 726-7864 . We may suspend or delete an account or stop providing all or part of our Services to an account, if we reasonably believe that such account has repeatedly infringed intellectual property rights.

GOVERNING LAW/ DISPUTE RESOLUTION | The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms will be governed by the laws of the jurisdiction where you are a resident without reference to provisions on conflict of laws. Notwithstanding the foregoing, Samsung has the right to seek injunctive remedies or an equivalent urgent legal relief in any jurisdiction. These Terms will not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Notwithstanding the foregoing, we may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.

ENTIRE AGREEMENT / SERVERABILITY | These Terms, our Privacy Policy, any additional terms that accompany our Services, any amendments and any additional agreements you may enter into with us shall constitute the entire agreement between you and us with respect to our Services, and supersede all prior or contemporaneous oral or written communications, proposal, and representations with respect to our Services or any subject matter covered by these Terms. If any provision of these Terms is deemed to be invalid, illegal or unenforceable (in whole or in part), then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. You may be subject to additional terms and conditions that govern your use of third-party services, content, or software.

NO WAIVER | If we do not exercise or enforce any legal right or remedy which is set out in these Terms or which we have the benefit of under any Applicable Law, this will not be construed as a formal waiver of our rights or remedies and such rights or remedies will remain available to us.

Reservation of Rights and Feedback | Nothing in these Terms gives you a right to use the Samsung name or any of the Samsung trademarks, logos, domain names, and other distinctive brand features. All rights, title, and interest in and to our Services (excluding content provided by third parties) are and will remain the exclusive property of Samsung and its licensors. If you choose to make available any comments, ideas, feedback, or suggestions, we will be free to use such comments, ideas, feedback or suggestion as we see fit and without any obligation to you.

EXPORT LAW | You acknowledge and agree to comply with any and all Applicable Law in using our Service, including, without limitation, all applicable export restriction laws and regulations.

SURVIVAL | Any provisions within these Terms that by their nature should continue to be in effect, including without limitation the following Sections: Ownership, Disclaimer of Warranty, Limitation of Liability, Indemnification and General, shall survive the expiration or termination of these Terms, and remain valid and binding.