THE SOLVE FOR TOMORROW SCHOOL COMPETITION 2026 TERMS AND CONDITIONS
Please read these competition terms and conditions (“Terms and Conditions) carefully. Participation in this Competition 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 Competition. Please refer to this website for the current Terms and Conditions for this Competition - https://www.samsung.com/za/solvefortomorrow/.
1 DEFINITIONS AND INTERPRETATION
1.1 "Applicable Law" means any statute, codes, regulation, policy, by-law, directive, notice or subordinate legislation, the common law, any binding court order or judgment, any applicable industry code, policy or standard enforceable by law and/or any applicable direction, policy or order that is given by a regulator.
1.2 “Candidates” means the Public School learners from Grade 10 to Grade 11, who participate in the Competition.
1.3 “Competition” means the 2026 Solve for Tomorrow School Competition.
1.4 "Confidential Information" means, business, business policies, business plans, pricing models and other business and commercial information, know-how, trade secrets, specifications, drawings, sketches, models, samples, data, diagrams and flow charts, potential customers, customer lists, sales and sales figures, technical information, including use of technology, systems, hardware, software (and the incidence of any faults therein) and related material and documentation and/or past, present and future research and development.
1.5 "DBE" means the Department of Basic Education, a department within the Government of the Republic of South Africa.
1.6 "Event of Default" means any one or more of the events or circumstances described as such in clause 13.
1.7 “Grand Prize” means the prizes to be won by the winning Public Schools, as more fully set out in clause 5.
1.8 "Intellectual Property Rights" means any and all rights in the nature of intellectual property rights anywhere in the world (whether registered or unregistered) owned, licensed, possessed or controlled by a Party, directly or indirectly, including, without limitation, patents, trademarks, service marks, design rights, copyright (including all copyright in any designs and computer software), source codes, moral rights, databases, trade or business names, whether capable of registration or not, but including any right to register same.
1.9 "Losses" means all losses, liabilities, costs, expenses, fines, penalties, damages, claims and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties).
1.10 "Material Adverse Change" means a change in the circumstances existing, as at the submission date of the Public Schools’ Competition application, which in the reasonable opinion of Samsung will have a material adverse effect on;
1.10.1 the business, assets, operations, property or financial condition of the Public School; or
1.10.2 the ability of the Public School to perform its obligations under these Terms and Conditions; or
1.10.3 the validity or enforceability of these Terms and Conditions or the rights or remedies of Samsung hereunder.
1.11 “Parties” means the Public Schools and Samsung, and “Party” means any of them, as the context requires;
1.12 "Personnel" means any director, employee, agent, consultant, contractor, subcontractor or other representative of a Party involved in the performance of each Party’s obligations in terms of these Terms and Conditions.
1.13 “Personal Information” means personal information as defined in POPI.
1.14 “POPI” means the Protection of Personal Information Act, Act 4 of 2013.
1.15 “Principal” means the head of the Public Schools or the person acting in such capacity for the Public School.
1.16 "Public Schools" means the schools in all nine provinces in the Republic of South Africa that are public schools and meant to be innovative centres of teaching and learning excellence that endow learners with specialised skills and competitiveness, as defined by the DBE.
1.17 “Samsung” means Samsung Electronics South Africa Pty (Ltd), registration number 1994/003872/07 and principal place of business at 2929 Winnie Mandela Drive, Bryanston, 2021.
1.18 “Special Personal Information” means personal information as referred to in Section 26 of POPI.
1.19 “STEM” means science, technology, engineering and mathematics.
1.20 “Team” means a group made up of between 2 (two) to 5 (five) learners in grade 10, grade 11 or a combination of both grades from the Public Schools, who will represent each Public School entering and participating in the Competition.
1.21 The words "include", "includes", and "including" means "include without limitation", "includes without limitation", and "including without limitation". The use of the word "including" followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it.
1.22 The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of these Terms and Conditions, shall not apply.
1.23 When any number of days is prescribed, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
1.24 Unless otherwise stated, any reference to clause headings and sub-headings are for convenience only and shall not affect the interpretation of these terms and conditions.
2 INVITATION TO APPLICANTS
2.1 Samsung shall invite, through certain broadcast and social media platforms, applications for Public Schools to take part in the Competition, subject to the provisions of these Terms and Conditions. On or before the date set out in clause 2.2.1, Public Schools wishing to participate in the Competition, will, subject to the provisions of these Terms and Conditions, submit Competition applications identifying Teams who will take part in the Competition. Each Public School will be represented by one Team.
2.2 The Competition will be run in the following four phases:
2.2.1 Phase 1 of the Competition will consist of the invitation to Public Schools to participate in the Competition and nominate Teams who will be required to submit an idea to Samsung for a solution which uses STEM to address social issues in their community. Phase 1 will commence on 05 February 2026. The closing date for the submission of applications is 17h00 on 06 March 2026. The idea submitted by each Team must be the idea that will be used throughout all the phases of the Competition. Samsung reserves the right to disqualify any Team which modifies its idea to the extent that the modified idea may constitute a new or different idea to the idea originally submitted in phase 1. Phase 1 will conclude on 26 March 2026 with the announcement by Samsung of the top 20 Teams with the best ideas. Samsung’s decision of the top 20 Teams is final and binding.
2.2.2 Phase 2 of the Competition will commence on 26 March 2026 with the top 20 Teams being invited to design thinking workshops that will take place between 20 April and 29 May 2026. The Teams will be required to compete with each other by providing and/or designing a paper prototype of their solution, for submission by 1 June 2026.
2.2.3 Phase 3 of the Competition will commence on 26 June 2026. The top 20 Teams will be required to design a physical prototype of their STEM solution. The costs of the prototype materials will be funded by Samsung. Phase 3 will end on 23 September 2026.
2.2.4 In phase 4 of the Competition, the top 20 Teams will arrive in Johannesburg on 28 September 2026. The Teams will present their final prototype on 29 September 2026. The winning Team will be announced on 30 September 2026.
3 COMPETITION ENTRY QUALIFICATION CRITERIA
3.1 In order to enter the Competition, a Team shall be required to comply with the following entry criteria:
3.1.1 the Candidates of each Team must be South African citizens;
3.1.2 prior written consent must be obtained by the applicable Public School from each Candidate’s parent and/or legal guardian for written permission that the Candidate may enter and participate in the Competition;
3.1.3 the Candidate must be enrolled as a learner at the applicable Public School, as at the date of the commencement Competition and for the duration of the Competition;
3.1.4 each Team may comprise of a maximum of 5 (five) learners from Grade 10 to Grade 11;
3.1.5 the Public School entering a Team into the Competition may only enter one Team.
3.2 Failure by a Public School to meet the aforesaid entry criteria may result in the disqualification of the Public School and Team from the Competition, without further evaluation.
4 ENTRY INTO THE COMPETITION
4.1 General Terms and Conditions applicable to the Competition: In order to participate in the Competition, the Teams and the Public Schools must comply with the following provisions:
4.1.1 The Public School may only submit one idea. The submission of multiple ideas will not be accepted by Samsung.
4.1.2 Should a Candidate, during the Competition no longer be part of the Public School, their idea may still qualify as an entry by the Public School. Should a Candidate who forms part of a Team that has proceeded to either Phase 2, 3 or 4 of the Competition, no longer be part of the Public School, the Public School may not replace the Candidate with another person and the Team must proceed without the Candidate.
4.1.3 Entries or prototypes received after the closing dates set out in clauses 2.2.1, 2.2.2 or 2.2.3, will not be accepted and the applicable Team will be disqualified. Samsung accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered. Entries that do not comply with these Terms and Conditions will be disqualified, subject to clause 4.1.4.
4.1.4 Errors and omissions may be accepted at Samsung’s discretion. Failure by Samsung to enforce any of its rights at any stage does not constitute a waiver of those rights.
4.1.5 It is each Candidates and the Public School’s responsibility to ensure that any information which is provided to Samsung is accurate, complete and up to date.
4.1.6 All communication regarding the Competition will be communicated by Samsung on the website https://www.samsung.com/za/solvefortomorrow/ and the Public Schools are required to constantly check the website for updates and communication.
4.2 Entry requirements for Phase 1:
4.2.1 Each Team must submit a written idea to Samsung for a solution which uses STEM to address a social issue in their community. The submitted idea must be no more than 200 words in length.
4.2.2 The written idea by a Team may be supplemented by drawings or photographs (maximum of 50mb) to demonstrate the idea. The Team must take note that the supplementary elements will not be what the Competition is primarily judged on. The submission of the ideas will close at 17h00 on 06 March 2026. All submissions received later than 17h00 on 06 March 2026 will not be considered.
4.2.3 The Team’s idea will be evaluated on the basis of the information submitted by the closing date as well as additional information as may have been requested by Samsung. Teams will be disqualified for furnishing misleading, plagiarised and/or incorrect information.
4.2.4 On 26 March 2026, the top 20 Teams will be selected by Samsung to proceed to phase 2 of the Competition.
4.3 Entry requirements for Phase 2:
4.3.1 The top 20 Teams selected in phase 1 of the Competition will compete with each other for first, second and third place in the Competition.
4.3.2 The top 20 Teams will attend a design-thinking workshop and mentorship sessions, attendance at which is mandatory for all Candidates.
4.3.3 The top 20 Teams are required to create a paper prototype of their solution and submit it by 1 June 2026 and thereafter present it to the applicable adjudicators. The nature of presentation will be as determined and guided by Samsung and notified to each Team.
4.4 Entry requirements for Phase 3:
4.4.1 Upon completion of phase 2 of the Competition, the top 20 Teams are required to design a physical prototype of the STEM solution for submission to Samsung by 23 September 2026.
4.4.2 Teams will be given a nominal fund to buy any materials required to develop their presented idea. Monies in the fund shall only be used to develop the presented idea. Samsung reserves the right to request proof of purchase and a statement detailing all materials purchased.
4.5 Entry requirements for Phase 4:
4.5.1 Top 20 Teams will attend the final phase of the Competition in Johannesburg, Gauteng on 28 September 2026.
4.5.2 The top 20 Teams will present their physical prototype to a panel of judges and are required to attend the Competition winner announcement ceremony, which will take place on 30 September 2026.
4.5.3 The top 3 winning Teams will be selected from phase 4 of the Competition to win the Grand Prizes, on the basis of first, second and third place.
5 GRAND PRIZES
5.1 The three winners of the Competition will receive the following Grand Prizes:
5.1.1 The first place winner will win R100 000.00 worth of STEM equipment for their Public School.
5.1.2 The second place winner will win R50 000.00 worth of STEM equipment for their Public School.
5.1.3 The third place winner will win R30 000.00 worth of STEM equipment for their Public School.
5.2 Samsung shall not be held liable should the STEM equipment not be fit for purposes.
5.3 The Grand Prize values set out above, are not transferable. No substitution, cash redemption or assignment of the Grand Prizes is permitted. The winners must use the full prize value for the STEM equipment and will be required to select the STEM equipment to the value of the Grand Prize won.
5.4 Samsung reserves the right to change the Grand Prizes should it deem it necessary, to a prize of similar economic value.
5.5 The Grand Prizes may differ from that shown on the promotional material with regard to colour and specifications.
5.6 The Grand Prize shall be subject to stock availability and in the event of no stock being available Samsung, in its sole discretion, shall determine a suitable replacement.
5.7 Any and all tax implications and liabilities, as a result of winning the Grand Prizes, will be solely borne by the winning Public Schools.
6 EVALUATION CRITERIA
6.1 Samsung will, if required, utilise the following criteria (not necessarily in this order) in shortlisting teams for phase 1 of the Competition: a desktop evaluation by panel of judges represented by Samsung and the DBE where each judge will score the idea presented by the Team with the supervisions of an independent auditor registered accountant, an attorney or an advocate.
6.2 Samsung will, if required utilise the following criteria in selecting the teams of phase 2 of the Competition: the top 20 Teams will present to the panel of judges and through a desktop evaluation with the supervision of an independent auditor or a registered accountant or an attorney or an advocate. Three teams will be selected as the winners where first prize will be the Team that obtained the most points, second prize the Team with the second highest points and third prize, the Team with the third highest points.
7 COSTS
7.1 Subject to the provisions of clause 7.2, Samsung shall not be responsible for any and all expenses incurred by the Public School and/or the Candidates in connection with the Competition, including without limitation flights and accommodation to collect the Grand Prize, drawings and/or diagrams in its Competition application. Any and all such costs will be for the Public School and/or Candidate’s own account.
7.2 Notwithstanding the provisions of clause 7.1, Samsung will be responsible for certain pre-defined expenses, as advised by Samsung to each applicable top 20 Team, incurred for attendance by the Candidates at the winner’s award ceremony in Johannesburg.
7.3 In the event of any travel organised by Samsung, each Candidate’s parent and or legal guardian will be required to sign and complete a consent form before such travel is undertaken by the Candidate. Candidates will not be able to travel in the event that such consent forms are not completed, signed and timeously returned to Samsung. Samsung shall not be liable for any Losses incurred and/or suffered by any person, as a result of the non-completion, signature and/or return of such consent forms.
8 PARTICIPATION IN THE COMPETITION
Participation in the Competition by a Candidate and a Public School does not make the Candidate or Public School a winner.
9 CONFLICTS OF INTEREST
9.1 Notwithstanding any provision to the contrary in these Terms and Conditions, no Samsung employee or any person related to or associated (including spouse, child, cousin, friend) with a Samsung employee may (individually or through a corporate vehicle, which includes a company, close corporation, trust and/or partnership) submit a Competition application for consideration or participate in the Competition unless such interest has been declared in writing to Samsung.
9.2 All Public Schools entering and participating in the Competition are required to identify and disclose, as soon as possible, any conflict of interest or potential conflicts of interest to Samsung. The Public Schools should contact Samsung for clarity on whether a conflict of interest actually exists or not. The existence of a conflict of interest or a failure by the Public Schools to timeously to disclose any such conflict or part conflict of interest, may result in the Public School’s entry being disqualified.
10 positive UNDERTAKINGS
The Public School shall, from and after the date of submission of its Competition application, forthwith, upon becoming aware of the occurrence thereof, notify Samsung of any Event of Default and/or the happening of any event, which may reasonably be anticipated as resulting in a Material Adverse Change.
11 warranties
11.1 By entering and participating in the Competition each Public School warrants to and in favour of Samsung that:
11.1.1 its application to participate in the Competition, participation in the Competition and the performance by it of its obligations in accordance with these Terms and Conditions does not and will not conflict with:
11.1.1.1 any Applicable Law;
11.1.1.2 its constitutional documents; or
11.1.1.3 any agreement or instrument binding upon it or any of its assets;
11.1.2 it has full capacity and authority to enter into and to perform its obligations in terms of these Terms and Conditions;
11.1.3 it has obtained the required written consent, prior to the commencement date of the Competition, from the Candidates’ parents and/or legal guardians for each Candidate to enter and participate in the Competition and for Samsung, where necessary, to use their Personal Information, Special Personal Information and/or images for the purpose of promoting the Competition. Should any such consent be revoked by the Candidate’s parent and/or legal guardian, the Public School shall immediately notify Samsung in writing.
11.2 By entering the Competition each Public School consents to Samsung using their names and images for purposes of promotion the Competition.
12 SAMSUING DISCLAIMERS
12.1 Samsung is not committed to any course of action as a result of its receipt of a Competition application and Samsung reserves the right to:
12.1.1 modify the Competition application requirements and, if required, to request Candidates from the selected Public Schools to re-apply;
12.1.2 reject any Competition application which is non-compliant with the qualification requirements set out herein and/or which do not conform with the instructions and specifications set forth in the invitation to participate in the Competition;
12.1.3 reject any Competition application which is incomplete, late Competition applications and/or conditional Competition applications;
12.1.4 disqualify Competition applications submitted after the Competition application submission closing date and time;
12.1.5 reject any and/or all Competition applications, in its discretion;
12.1.6 make no selection of a Competition winner.
12.2 Samsung reserves the right to exclude any Candidate from a Public School who does not meet the Competition entry requirements set out herein and/or has been convicted of contravening any Applicable Law.
13.1 For the purposes of these Terms and Conditions, each of the following events shall constitute an Event of Default:
13.1.1 a Material Adverse Change;
13.1.2 the Public School, its Personnel and/or a Candidate commits a breach of the Terms and Conditions and fails to remedy the breach (if capable of remedy) within 5 (five) business days of receipt of written notice from Samsung requiring the breach to be remedied;
13.1.3 the Public School:
13.1.3.1 contravenes any Applicable Law;
13.1.3.2 loses any licenses, authorisations, consents and/or permits, which are required to operate the Public School;
13.1.3.3 effects or attempts to effect an arrangement, compromise or composition with its creditors generally;
13.1.3.4 is placed in liquidation or under business rescue proceedings, whether provisional, final, compulsory or voluntary;
13.1.3.5 commits an act of insolvency, as contemplated in the Insolvency Act 24 of 1936, as amended.
13.2 Upon the occurrence of an Event of Default, Samsung shall be entitled, without prejudice to any other rights, which Samsung may have, by written notice to the Public School disqualify the Public School and the Team’s Competition application and participation in the Competition, with immediate effect.
14 LEGAL COMPLIANCE
All Candidates and Public Schools shall comply with any and all Applicable Laws.
15.1 Each Party ("Receiving Party") shall treat and hold as confidential the Confidential Information, which it may receive from the other Party ("Disclosing Party") or which becomes known to the Receiving Party concerning the Disclosing Party and not disclose the Confidential Information to any third party other than those of its Personnel who are involved in the management of the relationship between the parties or to its professional advisors appointed to advise on any aspect relating to the application to participate in the Competition and participation in the Competition, and then only on a “need to know” basis.
15.2 Upon termination of the Competition the Receiving Party will deliver to the Disclosing Party, or at the Disclosing Party’s option, destroy all originals and copies of the Disclosing Party’s Confidential Information, (other than these terms and conditions) in the Receiving Party’s possession.
16.1 Each Party (including such Party’s holding company and subsidiaries) will retain all its rights in and to its Intellectual Property Rights.
16.2 No right to use a Party’s Intellectual Property Rights including but not limited to the Party’s name, logos, brands or trademarks, other than in terms of these terms and conditions, is agreed, granted or implied by these Terms and Conditions.
16.3 It is specifically recorded that all Intellectual Property Rights of any nature whatsoever whether capable of registration or not (and whether registered or not) in Samsung’s name, Samsung’s trademarks, Samsung’s products, logo, image and all other matters relating to Samsung shall remain the sole property of Samsung and the Candidate and/or Public School shall not acquire any rights in relation to such Intellectual Property Rights.
16.4 The Public School and Candidates shall not use Samsung’s Intellectual Property Rights, without Samsung’s prior clear and formal written consent.
17 RELATIONSHIP
17.1 The Public School’s participation in the Competition shall not be construed as:
17.1.1 creating a partnership, co-ownership agreement and/or joint venture between the Parties, and neither Samsung nor a Public School shall have any authority to incur any liability on behalf of the other party and/or to create or assume any obligations on behalf of the other party;
17.1.2 making it an agent, employee or representative of the Samsung;
17.1.3 any assumption by Samsung of responsibility for compliance by the Public School with any environmental, labour, health and safety or other regulatory matter.
17.2 It is specifically recorded that a Public School may not under any circumstances represent itself to be acting for and on behalf of Samsung.
18 CORRUPTION AND BRIBERY
The Public school shall ensure that it, its Personnel and all its Candidates shall not directly or indirectly give, offer or promise to give or offer any money, gift, and/or illegal gratification or exert or utilize unlawful influence on public and private persons to induce or reward an improper performance of a function and/or to obtain or retain business or progress in the Competition. In the event of a breach of this clause, Samsung reserves its right to immediately disqualify the Public School and Team, without any prior notice, in addition to any other remedies available to it at law and/or in equity.
19 INDEMNITIES
19.1 By entering this Competition, each Public School indemnifies and holds Samsung and its respective officers, directors, employees, agents, successors, and permitted assigns (collectively the "Samsung Indemnitees") harmless from any and all Losses arising from or in connection with:
19.1.1 its participation in the Competition;
19.1.2 its application to participate in the Competition;
19.1.3 any reputational harm caused to Samsung;
19.1.4 any damage to Samsung property and/ or premises;
19.1.5 any claim, suit or proceeding brought by any third party against Samsung or any of the Samsung Indemnitees (including any claim for, or in respect of, injury, death or illness affecting such third party, or any loss or damage to property of such third party) resulting from or arising out of:
19.1.5.1 any negligent act or omission of the Public School, its Personnel and/or a Candidate; and/or
19.1.5.2 any breach by the Public School, its Personnel and/or a Candidate, of the provisions of these Terms and Conditions.
19.2 Save for the provisions of clause 19.3, no Party will be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of these Terms and Conditions, regardless of how it arises, whether for breach of these Terms and Conditions or in delict, and even if previously advised of the possibility of such damage.
19.3 Notwithstanding anything to the contrary contained in these Terms and Conditions, nothing in These terms and Conditions will in any way limit or exclude the Public Schools’ liability:
19.3.1 for damages occasioned by fraud or the wilful misconduct or gross negligence of the Public School, its Personnel and/or a Candidate; and//or
19.3.2 to the extent that a Public School is not permitted by any Applicable Law to exclude or limit its liability.
20 AMENDMENT AND WITHDRAWL
20.1 Samsung reserves the right to amend these Terms and Conditions at any time prior to finalisation of the Competition and shall not be liable to any Public School or any other person for Losses of whatsoever nature which they may have suffered as a result of such amendment. All Competition applications and/or proposals are submitted at the entire risk of the Public School and/or the Candidates. All representations, agreements or arrangements arising from the submitted Competition application in terms hereof (including any negotiations that follow) shall not be binding on Samsung, its officers, employees or agents unless reduced to writing and signed by a duly authorised representative of Samsung.
20.2 Samsung reserves the right to postpone the closing date for submission of Competition applications, to withdraw the request to participate in the Competition and/or to withdraw the Competition, at any time and without giving rise to any obligation to be responsible for any loss or financial damage which may be incurred or suffered by any Public School.
21 BINDING ARBITRATION PROVISION
21.1 The Parties agree that should any dispute or difference arise between any Public School and Samsung concerning:
21.1.1 the purport or effect of the Competition application documents or of anything required to be done or performed hereunder;
21.1.2 any aspect of the Competition application process and/or any decisions made in terms of these Terms and Conditions;
21.1.3 the validity of the selection of the Teams progressing in all phases of the Competition and/or the failure of a Team to be selected to progress to the next phase of the Competition;
that such dispute or difference shall be finally resolved by arbitration in terms of this clause 21.
21.2 Such arbitration shall be heard by a single arbitrator who shall be selected by agreement between the disputing parties or failing such agreement nominated on the application of any party by the Arbitration Foundation of Southern Africa (AFSA).
21.3 The arbitrator shall have power to open up, review and revise any certificate, opinion, decision, requisition or notice relating to all matters in dispute submitted to him/her and to determine all such matters in the same manner as if no such certificate, opinion, decision, requisition or notice had been issued.
21.4 Upon every or any such reference, the costs of an incidental to the reference and award shall be in the discretion of the arbitrator, who may determine the amount of the costs, or direct them to be taxed as between attorney and client or as between party and party and shall direct by whom and to whom and in what manner they shall be borne and paid.
21.5 The award of the arbitrator shall be final and binding on the Parties and any Party shall be entitled to apply to the Courts to have such award made an order of court.
21.6 Save as set out in this clause, the arbitration shall be conducted in accordance with the rules of the Arbitration Foundation of Southern Africa and shall be held in Johannesburg in the English language.
21.7 Nothing in this clause shall preclude any Party from seeking interlocutory relief in any court having jurisdiction pending the institution of a review or other appropriate proceedings for legal redress.
22 PERSONAL INFORMATION AND DATA PROTECTION
22.1 The Public School shall provide Samsung with the lawful and necessary consents allowing the Candidates to participate in the Competition and allowing Samsung and/or its agents to process the Candidates and/ or its Personnel’s Personal Information and/or Special Personal Information, for the specific purposes relating to the Public School and Candidate’s request to participate in the Competition and/or the participation in the Competition.
22.2 The Public school warrants that it will obtain the necessary consents from the Candidates and is Personnel consent of such Pe personal information of its Personnel, it will obtain the necessary consent of such personnel ts Personnel, to utilise and share the Personnel Information and/or Special Personal Information with Samsung, and the Public School hereby indemnifies Samsung against any and all Losses arising and/or suffered, as a result of its failure to comply with the provisions of this clause.
22.3 The Public School will make available to Samsung information required for the purpose of securing and further facilitating the Candidate's participation in the Competition and to ensure that the information is regularly updated to ensure accuracy of records. The Public School further consents to the processing of such information derived from a source other than from the Candidate in so far as it relates to the Candidate's application to participate and its participation in the Competition. Any Personal Information shared by the Public Schools or Candidates will be used for marketing the Competition on social media or any other media platform.
22.4 The Public School consents to Samsung retaining the processed information for an unspecified period, which will afford Samsung a reasonable opportunity, to take all considerations relating to the use of the information, into account.
22.5 Should the Public School’s application to enter the Competition be unsuccessful, the Public School consents to its Candidate’s Personal Information and/or Special Personal Information being kept on file by Samsung, unless the Candidate specifically and directly requests Samsung to attend to de-identify and/or return same. In this instance the Candidate shall provide Samsung with detailed explanations sound in law for such de-identification and/or return of such information.
22.6 By entering the Competition, the Public School confirms that it is aware of the nature, extent and consequences of providing consent to Samsung for the processing of its and/or its Personnel’s and Candidate’s Personal Information and/or Special Personal Information and without limiting the generality of the aforesaid, the Public School indemnifies and absolves Samsung from any liability in terms of POPI for failing, for whatsoever reason, to obtain the Candidate's consent, parental and/or legal guardian consent and/or to notify the Candidate of specific reasons for the processing of such information.
22.7 Any queries relating to the processing of Personal Information and/or Special Personal Information can be addressed to the Samsung information officer via ao.privacy@samsung.com or the relevant competition co-ordinator who will notify the Samsung privacy team.
23 ACCEPTANCE OF THESE TERMS AND CONDITIONS
23.1 By entering and participating in the Competition, each Public School:
23.1.1 agrees that it has read, understood and agrees to be bound by the Terms and Conditions;
23.1.2 accepts that any and all of Samsung’s decisions contemplated in these Terms and Conditions are final and binding;
23.1.3 certifies that all forms of proposals, as required in the application document, will be in its submission;
23.1.4 certifies that all information provided in its application is true and correct;
23.1.5 confirms that it is authorised to enter the Competition and submit and sign the Competition application, which Competition application will be binding on closure of the Competition application submission;
23.1.6 accepts that in the event that it is selected as a winner that it will sign a Samsung participation agreement and such other terms and conditions (as may be prescribed by Samsung) with Samsung.
24 General
24.1 These Terms and Conditions constitutes the whole of the agreement between the Parties relating to the matters dealt with herein and, save to the extent otherwise provided, no undertaking, representation, term and/or condition relating to the subject matter of these Terms and Conditions not incorporated herein, shall be binding on the Parties.
24.2 No waiver of any of the Terms and Conditions will be binding or effectual for any purpose unless in writing and signed by or on behalf of the Party giving the same. Any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of a Party in exercising any right, power or privilege under these terms and conditions will constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
24.3 No indulgence granted by a Party nor the partial exercise by any Party of any power, right or privilege shall constitute a waiver or abandonment of any of that Party’s powers, rights or privileges under these Terms and Conditions and accordingly, that Party shall not be precluded, as a consequence of having granted that indulgence or partially exercised any power, right or privilege, from the exercise of that, or any other power, right or privilege, which may have arisen in the past or which may arise in the future.
24.4 The interpretation, construction and effect of these Terms and Conditions and the rights and obligations of the Parties shall be governed by the laws of the Republic of South Africa.
24.5 The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these terms and conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
24.6 These Terms and Conditions will inure for the benefit of and be binding upon the successors in title and permitted assigns of the Parties or any of them.
24.7 The Public Schools select, as their respective domicilium citandi et executandi, the physical addresses set out in the Competition application. Unless the contrary is proved, any notice to be given by a Party to another Party shall be in writing and shall be deemed to have been duly received by the other Party on the date of delivery thereof. Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address.
24.8 Neither these Terms and Conditions, nor any part, share or interest therein, or any rights or obligations hereunder, may be ceded, assigned or otherwise transferred by a Party, without the prior written consent of the other Parties.
24.9 Each provision of these Terms and Conditions is severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the Parties will consult with one another in good faith in order to agree, if possible, an alternative provision in accordance with the intent and tenor of these Terms and Conditions. The remaining provisions of these Terms and Conditions shall nevertheless remain binding and continue with full force and effect.
24.10 Each Public School by entering this Competition acknowledges and accepts that Samsung shall utilise a third party to contact the Public Schools, in the event that the Public School is a winner, and to arrange delivery of the applicable Grand Prize. In order to give effect to the contacting and delivery process, Samsung shall provide the Public Schools’ information to such third party and each Public School consents to the disclosure of such information.
24.11 Samsung reserves the right, at any time, to verify the validity of entries and participants and to disqualify any Public School which submits an entry that is not in accordance with these Terms and Conditions and/or which tampers with the Competition entry process.
24.12 Details of Candidates and Public Schools will not be used by Samsung for Samsung related communication should the Candidates and Public Schools opt-out to receive further communication from Samsung.
24.13 Information regarding the Competition that is published on authorised advertising material will also form part of the terms and conditions of the Competition.
24.14 Samsung may in its 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 https://www.samsung.com/za/solvefortomorrow/ The onus rests on the Public school to constantly check the website for updates to the terms and conditions.
24.15 If this Competition 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 Samsung, including but not limited to technical difficulties, unauthorized intervention or fraud, Samsung reserve the right, in its sole discretion, to the fullest extent permitted by law to disqualify any entrant or to modify, suspend, terminate or cancel the Competition as appropriate, subject to the approval of relevant regulatory authorities (if required).
24.16 Save as permitted by any Applicable Law, Samsung reserves the right to cancel, suspend or terminate this Competition, without notice, at any time and such suspension, cancellation or termination shall be deemed to have taken effect from the date of publication on https://www.samsung.com/za/solvefortomorrow/. No liability shall lie against Samsung in favour of any Candidate, Public School, Team, winners and/ or third party arising from such cancellation, suspension or termination. Accordingly, each Public School waives any and all rights which it may have against Samsung and hereby acknowledges that it will have no right of recourse or claim of any nature whatsoever against Samsung.
24.17 Samsung reserves the right to withhold the Grand Prize until it is entirely satisfied that the claimant of the Grand Prize is the bona fide winner and reserves the right to call for such proof as it may deem necessary.
