1. Eligibility: Touch of Modern Purchase by App Offer (the "Offer") is open to individuals who are legal residents of the 50 United States including D.C., Puerto Rico & U.S. Virgin Islands, who are eighteen (18) years old or older and qualify pursuant to these terms and conditions. Offer is void where prohibited or restricted by law. Eligible individuals are each, a “Participant,” collectively the “Participants” (and may also be referred to throughout these Terms and Conditions as “you” or “your”). You agree that if you choose to participate in this Offer that your participation is your acceptance of these Terms and Conditions.
Additionally, to be eligible, you must:
(a) install the Touch of Modern mobile application (“Touch of Modern App”) on your qualifying device (as defined below) and register your Touch of Modern App with Touch of Modern;
(b) own a qualifying Samsung Galaxy device (“Qualifying Devices”) (current list of Qualifying Devices is at www.samsung.com/us/support/owners/app/samsung-pay#compatibility);
(c) have activated and registered the Samsung Pay application ("Samsung Pay App") on your Qualifying Device (please check www.Samsung.com/pay for Samsung Pay App version requirement); and
(d) have a qualifying credit or debit card that is accepted by Touch of Modern and compatible with the Samsung Pay App ("Qualifying Card").
2. Timing: The Offer begins on October 16, 2017, at 5:00 p.m. Pacific Time ("PT") and ends on October 22, 2017, at 5:00 p.m. PT, or earlier if 10,000 Awards are claimed (the "Offer Period"). Sponsor’s server is the official timekeeping device for the Offer.
3. How to Participate: During the Offer Period, Participant must complete one (1) purchase from Touch of Modern through the Touch of Modern App using Samsung Pay with a Qualifying Card on a Qualifying Device (“Qualifying Purchase”). Any purchases made prior to or after the Offer Period will not be considered a Qualifying Purchase.
4. Award Offered: If Participant completes one (1) Qualifying Purchase during the Offer Period, Participant will be entitled to receive a $20 credit from Sponsor that may be used towards Participant’s future purchase with Touch of Modern (the “Award”), while supplies last.
Awards will be issued by Sponsor to qualifying Participants once the Qualifying Purchase has been shipped or thirty (30) days from the date of the Qualifying Purchase, whichever is sooner. Award can be redeemed through any channel where purchases are made with Touch of Modern
Except as required by law, Awards cannot be transferred for value or redeemed for cash. Awards may be used only for purchases of eligible goods from Touch of Modern and cannot be exchanged, transferred, replaced and are non-refundable.
Limit: One (1) Award per Participant during the Offer Period.
5. Sponsor: TouchOfModern, Inc., d/b/a Touch of Modern, 350 Rhode Island St., Suite 400, San Francisco, CA 94103
6. Release: By receipt of the Award, Participant agrees to release and hold harmless Sponsor, Samsung Electronics America, Inc., Samsung Pay, Inc. and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion, agents, and offer suppliers, and each of their respective parent companies and each such entity’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Offer or receipt or use or misuse of the Award.
7. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Offer, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Offer, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Offer or acting in violation of these Terms and Conditions in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Offer may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
8. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Offer; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the operation of the Offer; (4) technical or human error which may occur in the administration of processing the Award or the processing of Qualified Purchases of Participants; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Offer or receipt or use or misuse of any Award.
IN NO EVENT SHALL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT PARTICIPANT HEREBY WAIVES ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONSOR’S CUMULATIVE LIABILITY TO PARTICIPANT ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1,000. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. Disputes: Except where prohibited, Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Offer shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in New York or an appropriate New York State Court. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participant and Released Parties in connection with the Offer, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
“Touch of Modern” is a trademark of TouchOfModern, Inc.
Samsung, Galaxy and Samsung Pay are trademarks or registered trademarks of Samsung Electronics Co., Ltd. Other company and product names mentioned may be trademarks of their respective owners.
Abbreviated Disclosures for Advertising
Open to legal residents of the 50 United States including D.C., Puerto Rico & U.S. Virgin Islands who are 18+. Must complete 1 Qualified Purchase with to obtain a $20 discount on subsequent purchases from Touch of Modern. Limit one discount per person. Offer ends October 22, 2017, at 5 p.m. PT. See Terms https://goo.gl/UbdkUr for all details and requirements.