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ToCF#1026
TOSHIBA DVD CLASS ACTION SETTLEMENT CLAIM FORM INSTRUCTIONS
THE DEADLINE FOR FILING A CLAIM FORM IS: MAY 1, 2005
1. IT IS IMPORTANT TO READ AND FOLLOW THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THE
INSTRUCTIONS COULD RESULT IN LOSING BENEFITS TO WHICH YOU WOULD OTHERWISE BE ENTITLED.
PLEASE REVIEW THE CLASS NOTICE FOR DEFINITIONS OF CERTAIN TERMS USED IN THIS FORM.
2. IF YOU DO NOT RETURN A COMPLETED CLAIM FORM POSTMARKED BY MAY 1, 2005 YOUR CLAIM WILL
BE REJECTED AND YOU WILL HAVE WAIVED ALL RIGHTS TO RECEIVE ANY OF THE SETTLEMENT
BENEFITS.
3. YOU MAY FILE ONLY ONE CLAIM FORM AND RECEIVE ONLY ONE SETTLEMENT REMEDY FOR EACH
TOSHIBA DVD PLAYER (THE “TOSHIBA DVD PLAYER AT ISSUE”).
4. IF YOU HAVE MORE THAN ONE TOSHIBA DVD PLAYER FOR WHICH YOU ARE SUBMITTING A CLAIM, YOU
MUST USE A SEPARATE CLAIM FORM FOR EACH PLAYER.
5. YOU MAY OBTAIN ADDITIONAL CLAIM FORMS BY CALLING 1-800-210-5874, OR BY DOWNLOADING FORMS
AT WWW.DVDNOTICE.COM, OR BY MAKING A WRITTEN REQUEST FOR A CLAIM FORM TO THE CLAIMS
ADMINISTRATOR AT:
DVD Player Claims Administrator
c/o The Notice Company
P.O. Box 778
Hingham, MA 02043
6. YOU MUST ANSWER EACH OF THE QUESTIONS IN SECTIONS A TO D AND IN EITHER SECTION E, F, OR G,
AND PROVIDE THE NECESSARY DOCUMENTATION REQUIRED FOR YOUR SELECTED SETTLEMENT
REMEDY. FAILURE TO COMPLETE THE RELEVANT SECTIONS AND PROVIDE THE REQUESTED
DOCUMENTATION MAY RESULT IN THE DENIAL OF YOUR CLAIM OR MAY LIMIT THE TYPE OF REMEDY
YOU RECEIVE. IN COMPLETING SECTION E, F, OR G, YOU MUST DECLARE UNDER PENALTY OF
PERJURY THAT THE TOSHIBA DVD PLAYER AT ISSUE HAS EXPERIENCED A PLAYBACK INCOMPATIBILITY
(DEFINED BELOW) OR YOUR CLAIM FORM WILL BE REJECTED.
7. YOU MUST SIGN THE CLAIM FORM UNDER THE PENALTY OF PERJURY OR YOUR CLAIM FORM WILL BE
REJECTED. BY SIGNING THIS FORM YOU ARE SUBMITTING YOURSELF TO THE JURISDICTION OF THE
SUPERIOR COURT OF BERGEN COUNTY, NEW JERSEY. THAT COURT WILL HAVE THE POWER TO
REVIEW AND ADDRESS QUESTIONS OF FALSE STATEMENTS OR CLAIMS.
8. UNLESS YOU REQUESTED EXCLUSION FROM THE CLASS ON OR BEFORE DECEMBER 20, 2004, YOU ARE
BOUND BY THE TERMS OF THE SETTLEMENT WHETHER OR NOT YOU RETURN A CLAIM FORM.
9. FOR THE PURPOSES OF THIS SETTLEMENT, “PLAYBACK INCOMPATIBILITIES” IS DEFINED AS PLAYBACK
ABNORMALITIES WITH THE AUDIO OR VIDEO PLAYBACK OF UNDAMAGED, REGION 1 DVD VIDEO DISCS
THAT WERE RELEASED FOR SALE IN THE UNITED STATES THAT WERE SPECIFICALLY CAUSED BY AN
ERROR IN TOSHIBA’S DVD PLAYER FIRMWARE OR DECODER CHIPS. SUCH PLAYBACK
INCOMPATIBILITIES MAY INCLUDE, BUT ARE NOT LIMITED TO “SKIPPING,” “PIXELATING,” FAILING TO
PROPERLY DISPLAY OR PROCESS MENU FUNCTIONS, FAILURE TO PLAY A DISC AT ALL, OR ANY OTHER
ABNORMALITY RELATED TO THE TOSHIBA DVD PLAYERS’ INCOMPATIBILITY WITH UNDAMAGED, REGION
1 DVD DISCS THAT WERE RELEASED FOR SALE IN THE UNITED STATES MARKET. “PLAYBACK
INCOMPATIBILITIES” DOES NOT INCLUDE ANY PLAYBACK ABNORMALITIES WITH TOSHIBA DVD PLAYERS
THAT ARE CAUSED BY (1) MISUSE OF THE TOSHIBA DVD PLAYER OR A DVD DISC; (2) CONTAMINATION
OF THE TOSHIBA DVD PLAYER OR A DVD DISC (INCLUDING, BUT NOT LIMITED TO, FINGERPRINTS,
EXPOSURE TO WATER, OR EXPOSURE TO EXCESS LEVELS OF DUST); (3) PHYSICAL DAMAGE TO THE
TOSHIBA DVD PLAYER OR A DVD DISC (INCLUDING, BUT NOT LIMITED TO, SCRATCHES ON THE
PLAYBACK SURFACE OF A DVD DISC); OR, (4) ANY OTHER DEFECTS OR MALFUNCTIONS UNRELATED TO
THE FIRMWARE AND DECODER CHIP.