Official Rules
No purchase necessary to enter or win. Please read these Official Rules carefully, as they contain important information about the rights and obligations, as well as limitations and exclusions that may apply, to participate in this promotion. By entering, participant signifies and agrees to these Official Rules and the decisions of Sponsor. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
- Sweepstakes Period. The TCL 98" Super Bowl Sweepstakes (the “Sweepstakes”) is sponsored by TTE Technology Inc., dba TCL North America (“Sponsor”). The TCL 98" Super Bowl Sweepstakes begins on July 1, 2024 at 12:00:00 AM Eastern Time (“ET”) and ends on December 31, 2024 at 11:59:59 PM ET (the “Sweepstakes Period”). The Sponsor’s computer runs the official clock for the Sweepstakes and will solely determine the time by which an entry is received.
- Agreement to Official Rules. By participating in the Sweepstakes, Entrant (defined below) fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes. Void where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state, provincial, territory and local laws and regulations.
- Eligibility. OPEN ONLY TO PERMANENT LEGAL RESIDENTS 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 AND WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION (the “Entrant”). Employees of Sponsor, its affiliates, subsidiaries, related companies, advertising agencies and the immediate families (spouse, parents, children, siblings and their respective spouses) (collectively “Releasees”) and individuals living in the same household as such employees or an Entrant who has won and received a prize from a promotion sponsored by Sponsor within the preceding twenty-four (24) month period are not eligible to enter or win a prize. The following are also not eligible to enter or win a prize: (i) 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 (ii) 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.
- How to Participate. There are two methods of entering this Sweepstakes:
- Method One (Enter by Purchasing a Qualifying Product): During the Sweepstakes Period:
- Place a valid purchase order, or pre-order, for any TCL 98” TV (the “Qualifying Product”) on TCL.com or via an authorized retailer (and keep proof of purchase); and
- Visit register.tcl.com (the “Registration Website”) and follow the instruction to submit registration for the purchased TV and all other instructions.
- Method Two (Entering by Mail, without making a purchase): No purchase or account of any kind required. During the Sweepstakes Period:
- On a plain 3”x5” piece of paper, hand-print your name, address, city, state/province, zip or postal code, daytime phone number, and email address (mandatory), place in a #10 business-size stamped envelope and mail to: TCL North America, Attn: TCL 98" Super Bowl Sweepstakes, 189 Technology Dr., Irvine, CA 92618. Your outer mailing envelope must include a valid return address, which includes a complete first and last name. Mail-in entries, including outer envelope, must be handwritten. Mail-in entries must be received by December 31, 2024. Envelopes containing multiple entries will be disqualified. Sponsor is not responsible for lost, late, damaged, delayed, destroyed, misdirected, incomplete, illegible, mutilated, or postage due mail. Photocopies, mechanically reproduced, forged or altered mailed entries and facsimiles are void. Incomplete or illegible entries are not eligible. All entries become the property of the Sponsor and will not be returned. No entries may be submitted on behalf of another person.
There is a total maximum limit of one (1) entry per person during the entire Sweepstakes Period, irrespective of the method of entry. You may only use one (1) email address to enter this Sweepstakes.
- Submission Terms. Entrants must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. The use of fraudulent methods or otherwise attempting to circumvent the rules may result in the removal of a participant from eligibility at the sole discretion of Sponsor. Sponsor reserves the right, in its sole discretion, to: (i) verify any element of any entry, related materials or entrant’s eligibility; (ii) to request additional information; and (iii) to disqualify any entrant whose participation may subject the Sweepstakes, Sponsor or Sponsor's advertisers, clients, or customers to controversy, negative publicity, scorn, or ridicule. By entering this Sweepstakes, you agree to provide any documentation or information deemed necessary by, and in a form acceptable to, Sponsor to satisfy the above requirement if asked by Sponsor to do so.
- Prizes: There will be one (1) prize (“Prize”) awarded. One (1) Prize winner (the “Winner”) will receive two (2) tickets to Super Bowl LIX in New Orleans, round-trip airfare for the Winner and one (1) guest, and hotel lodging in the New Orleans metropolitan area during Super Bowl LIX weekend.
The Approximate Retail Value (“ARV”) of the Grand Prize: Seven thousand five hundred dollars ($7,500 USD).
- Prize Conditions. All federal, state, province, territory, and local tax (as applicable) and other tax liabilities (including income and withholding taxes) arising from prize acceptance are the sole responsibility of the Winner. All details of the Prize not specified herein shall be determined solely by Sponsor. Except as provided herein, transfers or Prize substitution is allowed only at the discretion of Sponsor, who reserves the right where lawful to substitute a Prize (or Prize component) with one of comparable or greater value. If Prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value will be awarded; provided, however, that if Prize is awarded but unclaimed or forfeited by recipient, Prize may not be re-awarded, in Sponsor’s sole discretion. By accepting a Prize, winner acknowledges compliance with these Official Rules. In no event will more Prizes be awarded than those listed in these Official Rules.
If attendance to an event is included as part of the Prize, Entrant acknowledges that Sponsor is not liable or responsible if any part of an event is cancelled, varied or rescheduled for any reason. If this means that the Entrant (and/or any accompanying guests) cannot attend the relevant event, Sponsor shall be under no obligation to provide any cash, alternative tickets, or other thing of value.
All travel costs (including but not limited to airfare and lodging) included in the Prize are capped at $2,500.00 (U.S.) or the actual cost of travel, 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. Entrant and guest(s) must be able to travel on dates specified by Sponsor, if applicable, or such portion of Prize will be forfeited. Sponsor reserves the right to change dates for any travel or lodging. Airline/flight times to be selected by Sponsor 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 Sponsor, in its sole discretion. Sponsor will not replace any lost or stolen tickets, travel vouchers or similar items once they are in the Winner’s possession or in the possession of a guest. Sponsor 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. Prize conditions may be added or modified by companies providing those portions of the Prize(s). The Prize(s) restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the relevant affidavit, release and/or documents. The Winner and guest(s) are responsible for obtaining travel documents including passports 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 Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for the trip. Winner and guest(s) must arrive at the designated U.S. gateway airport in time for the flight. Recipient and guest must comply with all venue, facility, and event rules and regulations. Failure to do so may result in forfeiture of such portion(s) of Prizes and/or denial of entry. Sponsor reserves the right to remove or deny entry to Winner 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 Prize, the holder is deemed to have accepted all of the applicable terms and conditions. If any portion of a Prize 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 Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation or substitution will be provided.
- Odds; Drawing. Odds of winning depend on the total number of eligible entries received.
- Selection of Winner(s). A random drawing to select one (1) Winner will be conducted on or about January 2, 2025 from among all eligible entries received. The drawing will be conducted by Sponsor whose decisions are final and binding in all matters relating to this Sweepstakes. There is a limit of one (1) prize per person, household, mailing address within a twenty-four (24) month period for ANY promotion Sponsored by Sponsor.
- WINNER NOTIFICATION AND VERIFICATION: An Entrant is not deemed a winner of any prize, even if the winning notification should so indicate, unless and until (i) the Entrant’s eligibility has been verified, (ii) all requirements determined by the Sponsor in order to claim his/her prize have been fulfilled and (iii) the Entrant has been notified that the acceptance and verification process is complete. Potential winner will be notified via email and/or phone on or about three (3) business days after the drawing date to the email address or phone number provided in the means of entry. The potential winner will be required to complete and sign an Affidavit of Eligibility and Liability Release and, where legal, a Publicity Release (collectively the “Affidavit”) as well as an IRS Form W-9 and provide his/her social security number (if winner is from USA) that will be used only for the purpose of reporting the Winner’s prize earnings to the Internal Revenue Service, as required by law. Completed forms must be returned within five (5) days from prize notification date or the prize may be forfeited and awarded to an alternate potential winner. The Sponsor may, in its sole discretion, request any additional documentation needed to verify a winner. If the potential winner (i) cannot be contacted after a reasonable attempt has been made by Sponsor (as determined in Sponsor’s sole discretion); (ii) fails to timely return the required paperwork without alteration and in the form presented by Sponsor; (iii) refuses the prize; and/or (iv) the prize or prize notification is rejected or returned as undeliverable, such potential winner forfeits all rights to be deemed a winner in the Sweepstakes and receive the prize, that potential prize winner may be disqualified and an alternate winner may be selected through a random drawing by the Sponsor from the remaining eligible entries. Prize must be accepted as awarded. If the prize is won by an eligible individual who is not of the legal age of majority in his/her state/province/territory of permanent residence (“minor”), the required documents must be confirmed and signed by winner’s parent or legal guardian.
CANADIAN RESIDENTS: If the potential Winner is from Canada, he/she will also be required to correctly answer a time limited mathematical skill testing question which will be administered by mail or telephone prior to award of any prize.
Sponsor reserves the right to conduct a background check of the potential Winner. In addition, Entrants acknowledge and agree that the Releasees reserve the right to disqualify the Potential Winner or alternate potential Winner at any time, in their sole discretion, on the basis of anything contained in or learned or obtained as a result of any background check, submitted Releases, or any other forms requested by the Releasees that, in their sole opinion, would constitute a breach of these Official Rules or otherwise.
- Release; Indemnification; Disclaimer of Warranty. By participating in the Sweepstakes, Entrants agree to release, indemnify and hold harmless Releasees, 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 Sweepstakes or acceptance, possession, use, misuse or nonuse of the prize (including any travel or travel-related activity thereto) that may be awarded. Releasees are not responsible for technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of Sweepstakes or prizes or in any Sweepstakes related materials; or for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, undelivered, delayed or illegible entries 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 Sponsor’s opinion, for any reason this Sweepstakes 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 Sweepstakes, or if computer viruses, bugs, unauthorized intervention, fraud, or technical difficulties or failures including without limitation, any technical difficulties or failures related to the QR code, compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, the Sponsors reserve the right at their sole discretion to disqualify any individual (and void his/her entry and/or prevent him/her from future participation) who tampers with the entry process and/or who is acting in violation of these Official Rules, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes and at Sponsor’s discretion conduct the drawing to award the prizes using all eligible non suspect transactions and entries received as of the termination date. As a condition of entering the Sweepstakes, Entrants agree that: a.) under no circumstances will Entrants be permitted to obtain awards for, and Entrants 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 Sweepstakes, or the prizes awarded, 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 Entrant be entitled to receive attorneys’ fees or other legal costs. Sponsor reserves the right to modify prize award procedures at their discretion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
- Personal information collected from Entrants in connection with the Sweepstakes will be subject to and may be used in accordance with the Privacy Policy posted on the website (available at https://www.tcl.com/us/en/terms-privacy).
- Limitation of Liability. BY ENTERING THE SWEEPSTAKES, ENTRANTS AGREE THAT SPONSOR, RELEASED PARTIES, INSTAGRAM, AND EACH OF THEIR RESPECTIVE AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, ATTORNEYS, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTIONAL AGENCIES, SWEEPSTAKES PRIZE SUPPLIERS, PARTICIPATING RETAILERS, PUBLIC RELATIONS, FULFILLMENT AND MARKETING AGENCIES, WEBSITE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “SPONSORING PARTIES”) ARE NOT RESPONSIBLE FOR ANY COSTS, INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH: (I) INCOMPLETE, LOST, LATE, STOLEN, DAMAGED, MISDIRECTED OR ILLEGIBLE ENTRIES OR FOR FAILURE TO RECEIVE ENTRIES DUE TO ANY CAUSE INCLUDING, BUT NOT LIMITED TO, HUMAN, TRANSMISSION, OR TECHNICAL PROBLEMS, FAILURES, OR MALFUNCTIONS OF ANY KIND, WHETHER ORIGINATING WITH SENDER, SPONSORING PARTIES OR OTHERWISE, THAT MAY LIMIT AN PARTICIPANT’S ABILITY TO PARTICIPATE IN THE SWEEPSTAKES; (II) ANY INJURY OR DAMAGE RESULTING FROM PARTICIPATION IN THE SWEEPSTAKES, EVENT AND/OR THE USE OR MISUSE OF ANY SWEEPSTAKES PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, OR ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES RELATED TO OR BASED ON THE PARTICIPANT’S RIGHTS OF PUBLICITY OR PRIVACY, OR THE PARTICIPANT’S CLAIM THAT HE OR SHE HAS SOMEHOW BEEN DEFAMED OR PORTRAYED IN A FALSE LIGHT); AND (III) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANT, PRINTING OR TYPOGRAPHICAL ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES. PARTICIPANT FURTHER AGREES THAT SPONSORING PARTIES ARE IN NO MATTER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CREATION, ADMINISTRATION OR FULFILLMENT OF THE SWEEPSTAKES, THE EVENT AND/OR THE AWARDING OF ANY SWEEPSTAKES PRIZE. SPONSORING PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGE TO AN PARTICIPANT’S COMPUTER SYSTEM WHICH IS OCCASIONED BY ACCESSING THE WEBSITES OF SPONSORING PARTIES OR PARTICIPATING IN THE SWEEPSTAKES, OR FOR ANY COMPUTER SYSTEM, PHONE LINE, MOBILE PHONE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR OTHER ERRORS, FAILURES, DELAYED COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS THAT ARE HUMAN OR TECHNICAL IN NATURE, OR FOR THE INCORRECT OR INACCURATE CAPTURE OF INFORMATION, ERROR IN ENTRIES OR SELECTION ANNOUNCEMENT, OR THE FAILURE TO CAPTURE ANY INFORMATION. SPONSORING PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ENTRIES IN EXCESS OF THE STATED LIMIT OR FOR ENTRIES THAT ARE LATE, FORGED, LOST, MISPLACED, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, GARBLED OR OTHERWISE NOT IN COMPLIANCE WITH THE RULES, AND ALL SUCH ENTRIES MAY, IN SPONSOR’S SOLE AND ABSOLUTE DISCRETION, BE DISQUALIFIED. SPONSORING PARTIES WILL NOT BE LIABLE TO WINNER OR ANY OTHER PERSON FOR FAILURE TO SUPPLY ANY SWEEPSTAKES PRIZE OR ANY PART THEREOF, BY REASON OF FIRE, FLOOD, EPIDEMIC, EARTHQUAKE, UNUSUALLY SEVERE WEATHER, HURRICANE, EMBARGO, EXPLOSION, LABOR DISPUTE OR STRIKE, LABOR OR MATERIAL SHORTAGE, TRANSPORTATION INTERRUPTION OF ANY KIND, WORK SLOW-DOWN, ACT OF GOD OR PUBLIC ENEMY, SATELLITE OR EQUIPMENT FAILURE, RIOT OR CIVIL DISTURBANCE, WAR (DECLARED OR UNDECLARED), TERRORIST THREAT OR ACTIVITY, ANY FEDERAL, STATE, OR LOCAL GOVERNMENT LAW, ORDER, REQUEST, OR REGULATION, OR ORDER OF ANY COURT OR JURISDICTION (EACH A “FORCE MAJEURE” EVENT OR OCCURRENCE), OR ANY OTHER CAUSE BEYOND SPONSORING PARTIES’ CONTROL.
- Disputes.
- Most disagreements can be resolved informally and efficiently by contacting Sponsor. YOU AND SPONSOR AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT (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 Sponsor 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 Sponsor 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 Sponsor are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
- NOTICE OF CLAIM. If you elect to seek arbitration, you must first send to Sponsor a written Notice of your Claim ("Notice of Claim"). The Notice of Claim to Sponsor should be sent to TCL North America, Attn: Legal Department (Sweepstakes), 189 Technology Dr., Irvine, CA 92618. The Notice of Claim should include both the mailing address and email address you would like Sponsor to use to contact you. If Sponsor 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 Sponsor, 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 Sponsor agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Sponsor therefore agree that, after a Notice of Claim is sent but before either you or Sponsor 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 this Agreement. 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 Sponsor is represented by counsel, its counsel may participate in the conference as well, but Sponsor 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 Sponsor 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 Sponsor 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 Sponsor during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and Sponsor 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 this Agreement. Unless Sponsor 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 this Agreement. 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 Sponsor 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. Sponsor 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 this Agreement.
- INJUNCTIVE AND DECLARATORY RELIEF. Except as provided in Section 14(b), above, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or Sponsor 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 Sponsor 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 Sponsor 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 Sponsor 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 Sponsor, and you and Sponsor waive any objection to such fee modification.
- CLASS ACTION WAIVER. YOU AND SPONSOR 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 Sponsor 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 Sponsor believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this Section, then you agree that Sponsor 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 (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 Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of California.
- Waiver of Claims Against Third Parties. You irrevocably waives 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”) and agrees that the NFL Entities will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes. The NFL Entities have not offered or sponsored this Sweepstakes in any way.
- Additional Terms. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes at any time without notice and for any reason including, if in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness, or integrity and proper play of the Sweepstakes. In the event of cancellation, Sponsor may void any entries it suspects are at issue and, at its discretion, if terminated, award prize in a random drawing from among all non-suspect, eligible entries received up to the date of cancellation. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate these Official Rules or interfere with this Sweepstakes in any manner.
- Sponsor. The Sponsor is TTE Technology Inc dba TCL North America, 189 Technology Drive, Irvine, CA 92618.
- Winner’s Name: For the name of the winner, available after January 10, 2025, mail a self-addressed stamped envelope to: TCL North America, Attn: TCL 98" Super Bowl Sweepstakes Winners, 189 Technology Drive, Irvine, CA 92618. Requests must be received no later than February 10, 2025.