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WELCOME TO

TERMS & CONDITIONS

Schedule to Terms & Conditions of entry

Promotion name

TCL Membership Competition

Eligible States/Territories

National

Promotion period

The competition will run from 01 October 2020 9:00am AEST and end 30 November 2020 11:59pm AEST.
October Competition:
Start: 01 Oct 2020 9:00 AM AEST
End: 31 Oct 2020 11:59 PM AEST
November Competition:
Start: 01 Nov 2020 12:00 AM AEST
End: 30 Nov 2020 11:59 PM AEST
No entries will be accepted outside this time.

Website address

https://www.tcl.com/au/en.html

Promoter

TCL Electronics Australia Pty Ltd
ABN: 83 111 032 896
797 Springvale Road
Mulgrave VIC 3170

Eligible entrants

Entry to the Promotion is open to Australian residents in all eligible states/territories who fulfil the method of entry requirements and are 18 years of age or older.

First-time TCL account creators only.

Details of prizes

October Competition:
10 x $100 Visa Gift Cards RRP $1000

November Competition:
10 x $100 Visa Gift Cards RRP $1000

Total number of prizes

20

Total prize value

Total prize pool (inc GST): $2,000

Method of entry

To enter, an entrant must, during the promotional period:

Visit the Website, locate the entry page and fill out and submit the online entry form, providing all requested information.

Maximum number of entries

One time only.

Once the entrant has signed up for a TCL account, they cannot enter either competition again.

The entrant can only win one prize in this promotion (except for SA residents).

Prize draw

2 random prize draws will occur:
October Competition- 11:00 AM AEST on 02 Nov 2020
November Competition- 11:00 AM AEST on 03 Dec 2020

Location of draw:
Clutch Media
107A Miller Street
Epping VIC 3076

Notification of winners

Winners will be notified via Email no later than 03 Nov 2020 for the October competition and no later than 04 Dec 2020 for the August competition.

Public announcement of winners

The winners of all prizes will be published here:
October competition:
https://www.tcl.com/au/en/promotions.html on 05 Nov 2020
November competition:
https://www.tcl.com/au/en/promotions.html on 07 Dec 2020

Unclaimed prize draw

No draw needed as reserve winners from the initial draw will be contacted.

This will only occur if initial winners have not claimed their prize by 01 Feb 2021 11:59 PM AEST.

Notification of unclaimed prize winners

Unclaimed prize winners will be notified via Email no later than 03 Feb 2021.

Public announcement of winners from unclaimed prize draw

The winners of all unclaimed prizes will be published here:
https://www.tcl.com/au/en/promotions.html on 04 Feb 2021.

 

 

Terms & Conditions of entry
  1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails.  Participation in this Promotion is deemed acceptance of these Terms of entry.
  2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers  and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
  3. The Promotion will be conducted during the Promotion period.
  4. The Prize/s are specified in the Details of prizes section of the Schedule.
  5. The total prize pool is specified in the Total prize value section of the Schedule.
  6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
  7. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
  8. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
  9. The time of entry will be deemed to be the time the entry is received by the Promoter.
  10. Entrants may submit up to the Maximum number of entries (if applicable).
  11. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason.  The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
  12. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can't be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.  
  13. The winner does not need to be present at the draw unless expressly stated to the contrary.
  14. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
  15. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant's contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
  16. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier's requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
  17. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
  18. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable).  In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority.  The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
  19. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
  20. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter's liability in respect of the Promotion is limited, in the Promoter's discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
  21. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
  22. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
  23. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
  25. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter's ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter's obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
  26. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter's use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.        
  27. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter's Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
  28. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
  29. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
  30. Facebook, YouTube, Instagram, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, or Snapchat; and to release Facebook, YouTube, Instagram, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, or Snapchat.

 

Terms & Conditions of Account Creation

 

IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE.  LIMITATION AND LIABILITY EXEMPTION CLAUSES MAY BE HIGHLIGHTED IN BOLD FOR YOUR SPECIAL ATTENTION, WITHOUT PREJUDICING YOUR SOLE RESPONSIBILITY OF HAVING READ AND UNDERSTOOD THESE ENTIRE TERMS.  IF YOU USE THIS WEBSITE, YOU CONFIRM THAT YOU UNDERSTAND, AGREE TO AND WILL BE BOUND BY ALL OF THESE TERMS.

These Terms and Conditions of use ("Terms") govern your use of the www.tcl.com and any other microsites falling within this website domain (referred to in these Terms as the "Website") provided by Shenzhen TCL New Technology Co., Limited ("TCL", "our", "we" or "us"). These Terms and Conditions are a contract between you and TCL. If you don't agree to the Terms, do not access this Website. 

TCL reserves the right to modify these Terms at any time without prior notice. Such modifications and additional terms and conditions will be communicated to you and will be effective immediately upon your acceptance of them.  Your continued use of the Website constitutes your acceptance of modified Terms.  If you do not agree to such modified Terms, you must cease using the Website.

The Website include links and access to other goods and services that may be offered by TCL and which are governed by separate terms and conditions, available here.Personal information which we collect or that we otherwise obtain in connection with your use of Website is handled in accordance with our Privacy Policy.

1. Your Representations, Warranties and Undertakings

1.1 You may be required to register an account on the Website when you purchase any product or service on the Website. You must make sure that all information that you submit during registration (including, but not limited to, information about your identity, mobile number, address, and email) is correct and is your own information.  You will be responsible for promptly updating your registration information if there is a change in any detail after you have registered your account.

1.2 You should keep your account details safe and change the passcode regularly, and you agree to notify us immediately if you lose your account passcode or discover unauthorised use of your account by third parties.  We have the right to disable any user identification code or passcode if, in our reasonable opinion, you have failed to comply with any of the Terms.

1.3 You represent, warrant and undertake that:

 (A) you will only access and use Website for personal, private and non-commercial purposes;

 (B) you will not, and will not aid or assist any person to, access or use Website for any commercial, unlawful or illegal purpose;

 (C) you will at all times when accessing and using Website comply with all applicable laws, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;

 (D) you will not copy, reproduce, republish, change, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, download, post, broadcast, transmit, make available to the public, adapt, alter or create a derivative work or engage in any other act that analyses or replicates the source code, structure and /or concept of the Website;

 (E) you will not copy, redistribute or sub-license any of the Website's content;

 (F) you will not commit any act that may compromise the security of the Website, including but not limited to: use of unauthorised data or entry to unauthorised servers/accounts; entry to public computer networks or another person's computer system without authorisation, and/or delete, modify or add to the information stored within; attempt to check, scan or test the vulnerability of the Website, or other acts that may put the Website's security at risk; attempt to interfere with, or damage the normal operation of, the Website, or engage in intentional dissemination of malicious software or viruses and / or other acts that may damage and disrupt normal network information services; or forgery of TCP/IP data packet names or parts of names;

 (G) you will not engage in any activities that may compromise the fairness of the services provided by TCL, or otherwise affect the normal operating procedures of the Website, such as use of unauthorised third-party plug-ins or other illegal software, exploitation of software bugs (also termed loopholes or defects) to obtain unjustifiable gains, or publicise the above-mentioned unauthorised third-party plug-ins, illegal software or bugs online or by any other means.

2. Linked Websites

2.1 The Website may contain hypertext links to websites or pages created and maintained by third parties which are not affiliated to TCL, or which have not been authorised by TCL.  Activating such hypertext links may cause you to leave the Website.  Such addresses or hypertext links are provided solely for your convenience and information.  We do not control or review any of these websites and pages linked with or connected to the Website and, accordingly, we do not accept any liability for their content, the offered products, services or offers, or any consequences of their use.  Accessing these websites or pages shall be at your own risk.

2.2 You must not link the Website to any other website in such a way as to make it possible for a user to bypass the page containing these Terms.

3. Intellectual Property

3.1 For the purposes of these Terms, "intellectual property rights" means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).

3.2 As between you and TCL, all intellectual property rights in or relating to Website (including information, communications, software, texts, graphics, links and sounds), are owned by TCL.

3.3 TCL grants to you a limited, revocable, non-transferable, non-exclusive license to use the Website for your own personal and non-commercial use.  Any other use of Website requires our prior written permission.

3.4 The TCL trademark, logo and any other trademarks, service marks, graphics, and logos used in connection with Website are trademarks of TCL or its licensors.

3.5 By publishing or uploading information or content using the Website, you confirm that you are the copyright holder or have been legally authorised to do so, and that the information or content does not infringe the rights of any third party.  You grant to us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use and reproduce any content or information belonging to you that you provide to us or that we collect from you, to the extent necessary to provide Website to you and others, and from time to time to improve our products and services.

4. Data Protection and Privacy

4.1 Your personal information will be collected, stored and processed in accordance with our Privacy Policy and applicable laws. Please ensure that you read our Privacy Policy to learn about what personal information we collect, how we handle it and for what purposes we use it.

4.2 Without limiting clause 5.1, we may collect information about your use of Website to help us analyze and improve our products and services. We will do so in accordance with our Privacy Policy and applicable laws.

4.3 Where you have purchased goods or services from us or you have provided your consent to be contacted for marketing, you agree that we may send you advertisements, promotion or publicity information (including commercial and non-commercial messages) ourselves, or via third party advertising or marketing companies.  You have the right to withdraw consent to these marketing messages by [unsubscribing the newsletter in your account settings or clicking the "un-subscribe" option in the marketing emails sent to you].

4.4 The Website may contain hypertext links to other websites operated by third parties that may be of interest to you. Any information you provide directly to a third party for accessing such third party websites will be subject to the privacy notice or any similar terms that the third party provides to you, and to the extent such information will not be accessed and used by TCL, you will not be subject to our Privacy Policy with respect to such information.

5. Security and Virus Protection

5.1 Although care is taken to check and test material at all stages of production, we cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using the Website or material derived from it.  You assume full responsibility for the protection of your computer system including computer hardware, software and stored data on your computer system and hardware, software and stored data of third parties who may access, or be otherwise connected to, your computer system.

6. Disclaimer

6.1 To the full extent permissible by applicable law, TCL, its partners, suppliers, and affiliates:

 (A) disclaim, and do not make any representations or warranties of any kind, express or implied, as to the operation of Website, its contents, or any information made available by or through Website, including but not limited to the implied warranties of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement;

 (B) do not warrant that use of Website will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that Website is free of viruses or other potentially harmful components;

 (C) do not endorse the satisfactory quality, completeness, accuracy, non-infringement, compatibility, security, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed via Website.

6.2 You acknowledge and agree that Website is provided to you on an "as is, as available" basis.

6.3 You acknowledge that there are inherent risks in using Internet-based services (including data privacy and security risks) and in view of the particular nature of Internet-based services, you understand and agree that we do not assume any responsibility for any losses (including but not limited to losses in property, revenue, data files, personal information and other aspects or other intangible losses) that you may suffer in the course of using the Website that arise in connection with events out of our control, including under the following circumstances:

 (A) malfunction of or inability to operate or use Website normally due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;

 (B) interruption or delay or malfunction of or inability to operate or use Website caused by system viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet operating companies, system maintenance or any other reason beyond our control;

 (C) interruption, termination or delay or malfunction of or inability to operate or use Website caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;

 (D) interruption or delay or malfunction of or inability to operate or use Website due to internet connectivity issues; or

 (E) losses or liabilities you may suffer due to your unlawful or improper use of Website or any breach of these Terms by you.

7. Limitation of Liability

7.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation; liability for damages caused by wilful misconduct or gross negligence; or any breach of the obligations implied by applicable consumer protection laws.

7.2 Subject to clause 7.1, in the event that we incur any liability in connection with these Terms and the operation of Website and such liability is not otherwise limited or excluded by these Terms, our liability will be limited to reasonably foreseeable damages.

7.3 Subject to clause 7.1, our overall and aggregate liability to you in connection with your use of Website will be limited to (where relevant) US$10.00 or an equivalent sum in the currency of the country in which you are based

7.4 Subject to clause 7.1, you will indemnify and keep indemnified TCL, its officers, employees, agents, licensors or other third party providers from and against all losses and liabilities for which any of them may become liable and against all actions, suits, proceedings, claims or demands of any nature whatsoever which may be asserted, taken or made against any of them, or which any of them may incur or which may arise directly or indirectly in connection with your breach of law, your breach of these Terms or any acts or omissions you commit that are not permitted by these Terms.

7.5 Subject to clause 7.1, TCL excludes all liability for indirect loss, consequential loss, loss of income, revenue, business or profits, or any loss of data or corruption of data in connection with your use of Website. In addition, you acknowledge that Website is intended for domestic and private use and we will not be responsible for loss of profit, loss of business, business interruption, or loss of business opportunity.

7.6 Without limiting clause 7.4, if you breach these Terms and to the extent permitted by law, you will be liable to TCL, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by TCL as part of its investigation of a suspected violation of these Terms, or as a result of its findings or decision that a violation of these Terms has occurred.

7.7 Termination of this agreement does not affect any rights or liabilities incurred by you or us prior to the date of termination.

8. Governing Law and Jurisdiction

8.1 These Terms are governed by the laws of the People's Republic of China (excluding the laws of Hong Kong SAR, Macao SAR and Taiwan) ("China"), except as otherwise provided by any mandatory applicable law in your jurisdiction, in which case the governing law in relation to all or particular rights and obligations of the parties shall be the laws of your usual place of residence.

8.2 To the extent permitted by applicable law, in the event of a dispute arising out of or in connection with your use of the Website, TCL and you shall attempt, promptly and in good faith, to resolve any such dispute. In the event that no resolution can be concluded within 30 days from the date when such dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be contractual or non-contractual) to the competent courts of China as the exclusive dispute resolution venue, unless applicable mandatory consumer protection laws in your jurisdiction prohibits from conferring such jurisdiction, in which case the courts of your usual place of residence will apply to such disputes related to these Terms. This does not affect your right to start proceedings to protect your legal position.

9. Language

9.1 Any translation of these Terms is done for local requirements or convenience and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in your jurisdiction.

10. Miscellaneous

10.1 If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these shall remain in full force and effect.

10.2 These Terms constitute the entire agreement between you and TCL with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and TCL with respect to such use are hereby superseded and cancelled.