THESE TERMS AND CONDITIONS CONTAIN A CLASS-ACTION WAIVER AND ARBITRATION PROVISION. PLEASE READ SECTION 11 CAREFULLY TO UNDERSTAND THESE PROVISIONS.
- Application. These terms and conditions (“Promotional Terms”) apply to the 115” Experience More Promotion (the “Promotion”) offered by TTE Technology Inc dba TCL North America (“Promoter”). By registering to participate in this Promotion, you (“you” or “Participant”) agree that you will be legally bound by these Promotional Terms. This Promotion, and your participation in it, is void where prohibited or restricted by law. The Promotion is subject to all applicable federal, state, and local laws and regulations.
- The Promotion is open to legal residents who are natural persons of the fifty (50) United States, the District of Columbia, and Canada having a valid tax identification number (TIN) or social security number (SSN) for US or social insurance number (SIN) for Canada who are 18 years of age or at least the age of majority in their jurisdiction of residence at the time of entry. The Promotion is subject to all applicable federal, state, and local laws. The following are not eligible to participate in the Promotion:
- Employees, officers, and directors of Promoter, the NFL Entities (as defined below), andtheir respective subsidiaries, affiliates, distributors, promotion and advertising agencies (collectively the “Released Parties”), and members of their immediate families (spouse and parents, children and siblings and each of their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees;
- Any officer or employee of a government or any department, agency, or instrumentality thereof, or of a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such public international organization, or institution in any jurisdiction; and
- Any person or entity (a) appearing on any sanctions lists maintained by the US, Canada or other applicable jurisdictions prohibiting transactions with certain entities, people and jurisdictions; (b) doing business in jurisdictions comprehensively sanctioned by the US, including Russia, Cuba, Iran, North Korea, Syria and the Crimea, Donetsk (“DNR”), and Luhansk (“LNR”) regions of the Ukraine; and/or (c) who is a military end user as defined in 15 C.F.R. § 744.
- Promotion Period: The Promotion commences on August 1, 2024 at 12:00 a.m. Eastern Time (“ET”) and will end upon the earlier of: (i) once all Promotional Items have been claimed; or (b) Promoter decides to end the Promotion (the “Promotion Period”). Promotional Items will be awarded on a first-to-register and claim basis, where the claim process is consistent with these terms.
- Qualifications for a Promotional Item.
- Qualification. To qualify for the selection of a “Promotional Item”, as provided at the end of these Promotional Terms, eligible Participants must, during the Promotion Period, do all of the following:
- Place a valid purchase order, or pre-order, for the 115” QD-Mini LED TV (the “Qualifying Product”) on TCL.com or via an authorized retailer (the “Qualifying Purchase”) and keep their proof of purchase;
- Register for the Promotion on the TCL Website (https://www.tcl.com/ca/en/115-experience-more). Participants must provide a valid proof of purchase for the Qualifying Product at the time of registration using the means provided for on the registration website; and
- Complete the provided forms required for participation in the Promotion.
Limit one (1) registration per person, using only one (1) shipping address throughout the Promotion Period. Registrations received from any person or shipping address in excess of the limitation stated above will all be considered void and none of such registrations will receive a Promotional Item. Limit one registration per Qualifying Product (based on Serial Number). Promoter reserves the right to reject any application for registration that Promoter determines, at its sole and absolute discretion, does not meet the above criteria. Once the Participant completes the required steps and any other requirements presented by Promoter at the time of registration, the Participant becomes a “Registered Participant.”
- Disqualification. Participants must have completed a Qualifying Purchase in order to receive a Promotional Item. The cancellation or refund of Qualifying Purchase, or the valid or attempted return or substitution of the Qualifying Product, will disqualify the Participant associated with the Qualifying Purchase from participation in the Promotion and such Participant will not receive a Promotional Item. This Section 4.2 does not apply to claims made pursuant to any manufacturer warranty valid and applicable to the Qualifying Product.
- Selection of Promotional Items; Availability.
- Availability. Promotional Items are available while supplies last and are offered on a first-claimed, first-awarded basis. The list of Promotional Items included in these Promotional Terms is a representative example of the Promotional Items offered in the Promotion. The official list and description of the Promotional Items is made available to each Participant once the Participant’s eligibility to receive a Promotional Item has been confirmed. While Promotor will try its best to update the list of available Promotional Items in a timely manner, some Promotional Items may not be available at the time of selection by a Registered Participant. Registration does not entitle Participant to any particular Promotional Item or any Promotional Item at all.
- Selection. Registered Participants will have the option to select from one of the Promotional Items available at the time of selection. Once selected, the Promotional Item cannot be swapped for another. Selection of a Promotional Item does not guarantee receipt of that Promotional Item. Promotional Items selected by a Registered Participant are subject to confirmation of eligibility, qualification (including confirming that a Qualifying Purchase was made by the Participant), and compliance with these Promotional Terms.
- Effect of Registration. By registering or otherwise participating in the Promotion, you agree to be bound by these Promotional Terms, including all eligibility requirements and the decisions of the Promoter, which are final and binding. By registering, you consent to the use of your name, image, likeness, photograph, voice, and biographical material for advertising, publicity, and promotional purposes by Promoter in any and all media now or hereafter devised, including but not limited to, any online announcements, worldwide in perpetuity, without additional compensation, notification, or permission, except where prohibited by law.
- Offers of Promotional Items. Registered Participants will be notified of the Promotional Items that have been selected by and subsequently offered to that Registered Participant by Promoter. Registered Participants will be notified of their offer to applicable Promotional Item via email, phone call, or mobile messaging within seven (7) days from the date of selection of the Promotional Item by the Registered Participant. Registered Participants are required to expressly accept or reject the offer within seven (7) days from the date the offer is first made. Registered Participants will be required to provide complete additional steps requested by Promoter following the offer of a Promotional Item including, without limitation, verification of proof of the Qualifying Purchase, an affidavit of eligibility, a liability release, and, where lawful, a publicity release. An offer will be canceled at Promoter’s sole discretion, and an alternate offeree may be selected if: (a) the offer is returned as undeliverable; (b) required documents are not returned within the specified time; (c) the offeree is disqualified; (d) the offeree is unreachable; or (e) the offeree is not in compliance with these Promotional Terms.
- Promotional Items.
- Promotional Items are offered AS-IS and as-described at the time of offer for acceptance by the offeree. No substitution, cash equivalent, or transfer of Promotional Items is permitted except at the sole discretion of the Promoter, who reserves the right to substitute any or all of the Promotional Items (or portion thereof) at any time, except as otherwise provided herein. Unless otherwise stated, you are responsible for all costs, charges, fees, taxes (including without limitation all federal, state, and local taxes) incidentals, and other expenses (including without limitation additional transportation, parking, meals, luggage fees, gratuities, and souvenirs) associated with your acceptance and use of a Promotional Item. A background check of Participant and/or guest(s) may be required for admission to certain activities.
- Where the Promotional Item involves the attendance at (or tickets to) an event, the Participant acknowledges that Promoter is not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the Participant (and/or any accompanying guests) cannot attend the relevant event, Promoter shall be under no obligation to provide any cash, alternative tickets, or other thing of value. Participants proposing to redeem prizes involving, or participating in any promotion where it involves, travel, stunts, or physical challenges should notify the event provider of any medical condition.
- All travel costs (including but not limited to airfare and lodging) included in a Promotional Item are capped at $2,000.00 (U.S.) or the amount described in the Promotional Item, whichever is less. The actual value of travel package depends upon the city of departure, time of travel, any airfare fluctuations and or current market conditions at time of prize fulfillment, and any difference between the stated value and the actual value if any, will not be awarded. Participant and guest(s) must be able to travel on dates specified by Promoter, if applicable, or such portion of trip prize will be forfeited. Promoter reserves the right to change dates for trip. Airline/flight times will be selected by Promoter at its sole discretion unless otherwise stated; one or more stopovers may be required. Once a trip has been booked, no change, extension or substitution of trip dates is permitted except by Promoter, in its sole discretion. Promoter will not replace any lost or stolen tickets, travel vouchers or similar items once they are in the Registered Participant’s possession or in the possession of a guest.
- Promoter shall not be responsible for any cancellations, delays, diversions, substitutions, or any acts or omissions whatsoever by the air carrier(s), hotel, or other transportation companies or any other persons providing any of these services and accommodations to passengers, including any results thereof, such as changes in services or accommodations necessitated by same. Promotional Item conditions may be added or modified by companies providing those portions of the Promotional Items. The Promotional Item restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the affidavit and release and/or documents. Participants and guest(s) are responsible for obtaining travel documents including passports/visas (if applicable) valid for length of trip, as well as travel insurance (and all other forms of insurance), that they may wish to obtain for the trip (at their own expense) and hereby acknowledge that the Promoter has not and will not obtain or provide travel insurance or any other form of insurance for the trip. Recipient and his/her guest must arrive at the designated U.S. gateway airport in time for the flight. Recipient and guest must comply with all venue, facility, travel, and event rules and regulations. Failure to do so may result in forfeiture of such portion(s) of Promotional Items and/or denial of entry.
- Promoter reserves the right to remove or deny entry to Recipient and any guest(s) who engage in a disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at any event. Tickets to events must be accepted as awarded and are subject to all of the applicable terms and conditions prescribed to such tickets from time to time by the event provider. By accepting tickets as a Promotional Item, the holder is deemed to have accepted all of the applicable terms and conditions, including these Promotional Terms. If any portion of a Promotional Item or any other event or activity is unable to take place as planned for any reason, including but not limited to, cancellation, scheduling conflicts, lockout, labor dispute, strike, inclement weather, or an event of force majeure, the remaining components of the prize will be awarded and Promoter’s obligation to the winner will be fulfilled, and no other additional compensation or substitution will be provided.
- Limitation of Liability and Release of Claims.
- By participating in the Promotion, Participants agree to release, indemnify and hold harmless the Released Parties, and each of their respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Promotion or acceptance, possession, use, misuse or nonuse of the Promotional Items (including any travel or travel-related activity thereto) that may be provided. The Released Parties are not responsible for technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of registration applications, the announcement of Promotion, the Promotional Items, or in any Promotion-related materials; or for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, undelivered, delayed or illegible applications or; for electronic, computer, or telephonic malfunction or error, or failure to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, or process any transaction thereon. If in the Promoter’s opinion, for any reason this Promotion is not capable of running as planned, or there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer viruses, bugs, unauthorized intervention, fraud, or technical difficulties or failures including without limitation, any technical difficulties or failures related to the registration process, compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Promoter reserve the right at its sole discretion to disqualify any individual (and void his/her registration and/or prevent him/her from future participation) who tampers with the registration process and/or who is acting in violation of these Promotional Terms, to modify or suspend the Promotion, or to terminate the Promotion.
- As a condition of participating in the Promotion, Participants agree that: (a) under no circumstances will Participants be permitted to obtain awards for, and Participants hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Promotion, or the Promotional Items provided, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event shall Participant be entitled to receive attorneys’ fees or other legal costs, unless otherwise provided herein.
- Information collected from entrants in connection with the Promotion (“Participant Information”) will be subject to and may be used in accordance with the Privacy Policy posted on the Website (available at https://www.tcl.com/ca/en/terms-privacy). By submitting a registration application, you hereby grant permission for your name and city/state of residence to be posted at www.tcl.com or other websites and used in press materials.
- Most disagreements can be resolved informally and efficiently by contacting Promoter. YOU AND PROMOTER AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR THIS PROMOTION (A “CLAIM”) WILL BE DETERMINED BY BINDING ARBITRATION OR SMALL CLAIMS COURT, INSTEAD OF IN COURTS OF GENERAL JURISDICTION.
- SMALL CLAIMS COURT. Either you or Promoter can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or Promoter may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence, and you may also bring a claim in small claims court in the Superior Court of California, County of Orange.
- ARBITRATION: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and Promoter are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Promotion Period.
- NOTICE OF CLAIM. If you elect to seek arbitration, you must first send to Promoter a written Notice of your Claim ("Notice of Claim"). The Notice of Claim to Promoter should be sent to Promoter’s address in Section 13, Attn: the Marketing Department, with a copy to the Legal Department. The Notice of Claim should include both the mailing address and email address you would like Promoter to use to contact you. If Promoter elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by Promoter, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
- INFORMAL RESOLUTION. You and Promoter agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Promoter therefore agree that, after a Notice of Claim is sent but before either you or Promoter commence arbitration or file a claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by these Promotional Terms. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if Promoter is represented by counsel, its counsel may participate in the conference as well, but Promoter agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
- COMMENCING ARBITRATION OR SMALL CLAIMS PROCEEDINGS. If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or Promoter may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, bringing a claim in small Claims Court. You agree that you may not commence any arbitration or file a claim in small claims court unless you and Promoter are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with Promoter during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and Promoter agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party’s election, the American Arbitration Association (“AAA”) will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by these Promotional Terms. Unless Promoter and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim.
- ARBITRATION PROCEEDINGS: ARBITRATORS. The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California or the state of your residence and will be selected by the parties from the AAA’s National Roster of arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by these Promotional Terms. Except as otherwise provided herein, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.
- ARBITRATION PROCEEDINGS: ADMINISTRATIVE CONFERENCE. The parties agree that an administrative conference with the AAA shall be conducted in each arbitration proceeding, and you and a Promoter company representative shall appear at the administrative conference via telephone. If you fail to appear at the administrative conference, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference.
- ARBITRATION PROCEEDINGS: DECISIONS. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. Promoter will not seek to recover its attorneys’ fees and costs in arbitration from you unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on any award may be entered in any court having jurisdiction. This agreement to arbitrate shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction including whether a Demand for Arbitration is filed in violation of these Promotional Terms.
- INJUNCTIVE AND DECLARATORY RELIEF. Except as provided in Section 11.2, above, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or Promoter and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or Promoter prevail on a Claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would be issued with no deference to the arbitrator.
- ARBITRATION FEES AND COSTS. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA’s initial filing fee, but Promoter will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal, state, province or territory court in your county/province/territory of residence or in Orange County, California. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and Promoter will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or Promoter, and you and Promoter waive any objection to such fee modification.
- CLASS ACTION WAIVER. YOU AND PROMOTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if you have elected arbitration, unless both you and Promoter agree otherwise, the arbitrator may not consolidate any other person's Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If Promoter believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this Section 11.12, then you agree that Promoter may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Section 11 (Disputes) shall be null and void.
- Choice Of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, or the rights and obligations of entrant and Promoter in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of California.
- Promoter. The Promoter is TTE Technology Inc dba TCL North America, 189 Technology Drive, Irvine, CA 92618.
- Waiver of Claims Against Third Parties. You agree to irrevocably waive all claims against the National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) in connection with this Promotion and agree that the NFL Entities will have no liability or responsibility for any claim arising in connection with participation in this Promotion. The NFL Entities have not offered or sponsored this Promotion in any way.
List of Promotional Items
- Super Bowl Ticket Offering (6 offerings available): You will receive one (1) ticket to Super Bowl LIX in New Orleans, LA scheduled to take place on February 9, 2025. No lodging, transportation, or other hospitality will be provided as part of this offering.
- TCL Chinese Theatre Movie Premiere Offering in Los Angeles (15 offerings available): You will receive two (2) tickets to attend a 2024/2025 movie premiere at TCL Chinese Theatre in Los Angeles, plus roundtrip airfare to, and hotel lodging in or around Los Angeles for you and a guest (lodging and transportation capped at $2,000).
- Los Angeles Chargers Game at SoFi Stadium in the TCL Suite Offering (42 offerings available): You will receive two (2) tickets to the TCL Suite at SoFi Stadium to attend a 2024-25 Los Angeles Chargers home game, plus roundtrip airfare to, and hotel lodging in or around Los Angeles for you and a guest (lodging and transportation capped at $2,000).
- Attend a Concert at SoFi Stadium in the TCL Suite Offering (16 offerings available): You will receive two (2) tickets to the TCL Suite at SoFi Stadium in Inglewood, CA to attend a 2024/2025 concert of your choice (based on availability), plus roundtrip airfare to, and hotel lodging in or around Los Angeles for you and a guest (lodging and transportation capped at $2,000).
- Attend a Call of Duty Production Studio Tour in Los Angeles (4 offerings available): You and a guest will receive a behind the scenes tour at one of the studios creating the latest Call of Duty game in 2024/2025, and other experiences to be determined, plus roundtrip airfare to, and hotel lodging in or around Los Angeles for you and a guest (lodging and transportation capped at $2,000).
- Attend Consumer Electronics Show (CES) in Las Vegas Offering (32 offerings available): You will receive one (1) ticket to the 2025 CES show in Las Vegas, one (1) ticket to attend the 2025 TCL Party at CES, and special TCL training sessions with product experts. Roundtrip airfare and hotel lodging in or around Las Vegas included for you and a guest (lodging and transportation capped at $2,000).