Terms of use

1.       KEY DATES:

The Midea Cup Contest (the “Contest”) begins on March 1, 2023 at 12:00 a.m. eastern time (“ET”) and ends on May 15, 2023 at 11:59 p.m. ET (the “Contest Period”).

2.       ELIGIBILITY TO ENTER:

The Contest is open only to residents of Canada who have reached the legal age of majority in their jurisdiction of residence at the time of entry, except employees, representatives, and agents (and those with whom such persons are living, whether related or not) of Midea America Canada Corp. (the “Promoter”) And each of their respective parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfilment of the Contest (collectively, the “Contest Parties”).  

3.       AGREEMENT TO BE LEGALLY BOUND BY RULES:

By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).

4.       HOW TO PARTICIPATE:

NO PURCHASE NECESSARY. A purchase is not required and does not enhance your chances of winning. Standard data rates apply to participants who participate in the Contest via a mobile device.  Please contact your service provider for pricing and service plan information and rates before mobile device participation. To participate, visit the Contest website at www.mideacup.com (the “Website”) to play the Contest game (the “Game”). Follow the Website on-screen instructions to play a round of the Game (each, a “Round”) and be eligible to receive Contest entries (each, an “Entry” and collectively, “Entries”). Each Round of the Game will consist of three (3) stages (each, a “Stage”) as follows:

Upon completing a Round of the Game, you will be presented with the official Contest entry form (the “Entry Form”) and your total number of Entries that you are eligible to receive in connection with such Round. To be eligible to receive your Entries in connection with a Round, you must: (i) follow the on-screen instructions to fully complete and submit the Entry Form with all required information, which will include a requirement to: (a) enter your first name, last name and valid email address; and (b) agree to receive (or reconfirm your agreement to receive) email communications from the Promoter regarding its news, offers, products and services (NOTE: after opting in, you may withdraw your consent to receive such email communications at any time without affecting your eligibility in this Contest; for details on how to withdraw your consent, please consult the Promoter’s Privacy Policy, which is available at https://www.midea.com/ca/privacy-policy – this section does not limit any other consent(s) that an individual may provide the Promoter or others in relation to the collection, use and/or disclosure of their personal information); and (ii) complete the Round and submit your completed Entry Form during the Contest Period and in accordance with these Rules and any other instructions provided by the Promoter (determined at its sole and absolute discretion).

5.       ENTRY LIMIT AND CONDITIONS:

There is no limit to the number of Rounds that a participant may complete, however, only the highest total number of Entries received in connection with a Round per person and per email address as of the end of the Contest Period will be entered in the Contest. There is a limit of [1250] total Entries per Round of the Game.

If it is discovered by the Promoter (using any evidence or other information made available to or otherwise discovered by the Promoter) that any person has attempted to: (i) exceed any of the limits stated in these Rules; (ii) use multiple names, identities, e-mail addresses, and/or use any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Contest; and/or (iii) disrupt or participate in the Contest in any other fraudulent or misleading way, then he/she may be disqualified from the Contest in the sole and absolute discretion of the Promoter. The Contest Parties and each of their respective agents, employees, directors, officers, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Rounds, Stages, Games, Entries, Entry Forms and/or any other Contest-related information (collectively, “Contest-Related Information”), all of which are void. Contest-Relation Information and/or an entrant’s participation in the Contest may be rejected and/or disqualified if, in the sole and absolute discretion of the Promoter: (i) the Contest-Relation Information is not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) the Contest-Relation Information and/or participation is not in compliance with these Rules (including, but not limited to, the specific Participation Requirements listed below) and/or the Website terms and conditions (all as determined by the Promoter in its sole and absolute discretion).

6.       VERIFICATION:

All Contest-Related Information and entrants are subject to verification at any time and for any reason. The Promoter reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Promoter – including, without limitation, government issued photo identification): (i) for the purposes of verifying an entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Contest-Related Information and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Promoter deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Promoter within the timeline specified by the Promoter may result in disqualification in the sole and absolute discretion of the Promoter. The sole determinant of the time for the purposes of the Contest will be the official time-keeping device(s) used by the Promoter.

7.       PARTICIPATION REQUIREMENTS:

BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTEST AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE CONTEST. BY PARTICIPATING IN THIS CONTEST, YOU ALSO AGREE THAT YOUR PARTICIPATION COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE WEBSITE TERMS AND CONDITION (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZE. 

By participating in the Contest, each entrant hereby warrants and represents that any Contest-related Information he/she submits does not contain any reference to any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence, and will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party.

8.       PRIZES:

There are three (3) total prizes (each, a “Prize”) available to be won in the Contest as set out below.

Third Prize: There is one (1) third place Prize (the “Third Prize”) available to be won in the Contest, consisting of a Midea 24-inch stackable laundry pair (selected at Promoter’s sole and absolute discretion). The approximate retail value of the Third Prize is $2,500 CAD.

Second Prize: There is one (1) second place Prize (the “Secondary Prize”) available to be won in the Contest, consisting of a Midea kitchen suite prize package including: a refrigerator, a dishwasher, range and a microwave (each selected at Promoter’s sole and absolute discretion). The approximate retail value of the Second Prize is $5,000 CAD.

The following general conditions apply to the Second Prize and Third Prize: (i) Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by the Promoter in its sole and absolute discretion); (ii) no substitutions are permitted, except at the Promoter’s option; (iii) the Promoter reserves the right to substitute the Prize in whole or in part in the event that all or any component of such Prize is unavailable with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Promoter’s sole discretion, a cash award; (iv) all characteristics and features of the Prize, except as otherwise explicitly stated above, are at the Promoter’s sole and absolute discretion (including, without limitation, applicable model(s), colour(s) and range(s) of each Prize component); (v) manufacturer’s standard terms, conditions and warranty, if any, applies to each Prize component; and (vi) Prize winner is solely responsible for all costs not expressly described herein.

Grand Prize: There is one (1) grand Prize (the “Grand Prize”) available to be won in the Contest, consisting of: (i) two (2) Hospitality tickets (for the confirmed winner and one (1) eligible guest) to a Manchester City Football Club home game (subject to the terms and conditions of the issuer, copies of which are available to the winner(s) upon request  and can be found here https://www.mancity.com/ticketing-and-hospitality/terms-and-conditions, and only valid for Premier League or domestic cup matches subject to the ground regulations of the issuer) on a date selected by Promoter (at its sole and absolute discretion) between August, 2023 and October, 2023, in Manchester, England (the “Destination City”); (ii) round-trip economy airfare for two (2) people to the Destination City from the major Canadian airport nearest to the winner’s residence (as determined by the Promoter in its sole and absolute discretion); and (iii) three (3) nights hotel accommodation in the Destination City (hotel to be selected by the Promoter in its sole and absolute discretion) (one (1) room, double occupancy). The total approximate retail value of the Grand Prize is $7,000 CAD, based on a Vancouver hypothetical departure point example. The confirmed winner accepts and agrees to the issuers ticketing terms and conditions provided in the hyperlink above by accepting the Grand Prize and agrees to comply with same.

Without limiting the foregoing, the following general conditions apply to the Grand Prize: (i) the Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Promoter in its sole and absolute discretion); (ii) no substitutions except at Promoter’s option; (iii) all travel related to the trip must be completed on or by the date(s) specified by Promoter in its sole and absolute discretion (in the event that the confirmed winner is unable to claim the Prize or any portion thereof during such time, the Prize may, in the sole and absolute discretion of the Promoter, be forfeited in its entirety and, if forfeited, the Promoter is not obligated to offer any substitute prizing in its place); (iv) the confirmed winner and his/her guest must: (a) travel on same itinerary; (b) have all necessary documentation to permit travel and participate in the Prize (including all required COVID-19 documentation (including, without limitation, any required proof of vaccine documentation, proof of valid vaccine exemption documentation, and/or proof of negative COVID-19 test documentation); and (c) must not have any legal barrier to travel to, and return from, the Destination City; (v) the costs of everything not specifically and expressly stated above as included in the Prize are the sole and absolute responsibility of the confirmed winner and his/her guests, including without limitation, any COVID-19 test expenses, travel or medial insurance costs, food expenses, incidental travel expenses, items of a personal nature and other fees (NOTE: the confirmed winner and his/her guests may be required to present a valid major credit card in their name at the time of hotel check-in to cover any incidental hotel expenses or damages); (vi) if the confirmed winner and his/her guest do not utilize any part(s) of the Prize for any reason, then any such part(s) not utilized may, in the sole and absolute discretion of the Promoter, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vii) Promoter reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater value, including, without limitation, but solely at the Promoter’s sole discretion, a cash award (including without limitation if the fulfilment of the Prize, or any part thereof, is rendered impossible, infeasible, unsafe or impractical for any reason including without limitation due to any COVID-19 or other pandemic-related law, regulation, order, policy, guideline, strike, travel restriction, venue policy, restriction, or for any other reason) (all as determined by the Promoter in its sole and absolute discretion); (viii) all travel arrangements relating to the Prize must be made through the Promoter or its designated agents; (ix) by accepting the Prize, the confirmed winner and his/her guests agree to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part; (x) neither Promoter nor any of its prize suppliers will replace any lost or stolen tickets; (xi) the confirmed winner’s guest must: (a) be a Canadian resident that has reached the legal age of majority in their province/territory of residence; and (b) sign and return the Promoter’s release (by the date indicated on the release form) indicating that he/she waives all recourse against the Released Parties relating to his/her participation in the Prize (including, without limitation, any travel related thereto); (xii) any difference between the actual value of the Prize and its stated approximate retail value will not be awarded; (xiii) all characteristics and features of the Prize (and of each Prize element), except as otherwise explicitly stated above, are at the Promoter’s sole and absolute discretion; (xiii) precise travel arrangements are subject to space and flight availability and shall be made at the Promoter’s sole and absolute discretion; (xiv) once booked, travel arrangements may not be changed by the Prize winner and/or guest; (xv) certain blackout dates and further restrictions may apply; (xvi) the Released Parties will not be in any way responsible (and for greater certainty, are not obligated to offer any substitute prizing) in the event that any part of the Prize is delayed, postponed, re-scheduled or cancelled for any reason whatsoever (including, without limitation, due to illness or health risks, or any governmental or health authority orders, measures, directives or guidance in response to such illness or risks, such as, without limitation, those that may be implemented to mitigate COVID-19 transmission, or due to any other cause of any kind or nature whatsoever); (xvii) the Promoter reserves the right to change any of the Prize dates and/or Prize description at its sole and absolute discretion; (xviii) the winner and his/her guest must participate in the Prize in a respectable manner and abide by all applicable venue policies - the Promoter reserves the right to revoke any component of the Prize from the winner or winner’s guest who it, or applicable venue personnel, deem (in their sole discretion) as a safety risk, having violated any applicable policy or law, or may be bringing Promoter or any of the other Contest Parties into disrepute (and for greater certainty, nothing will be substituted in place of any revoked Prize component); (xix) by participating in the Prize, the winner and his/her guest each: (a) signifies that he/she understands, acknowledges and accepts that participation in the Prize may involve danger and/or exposure to risks and hazards (including without limitation as may be due to the inherent risks of travel and as may be due to possible COVID-19 exposure or infection), whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, he/she may suffer damage to personal property, serious personal injury, illness or even death; (b) signifies that he/she acknowledges and agrees that the Released Parties have not made any warranties, guarantees or representations about his/her safety while participating in the Prize; and (c) warrants and represents that he/she has evaluated the nature, scope, and extent of the risks involved, and freely and voluntarily agree and assume any and all risks of personal injury, illness, death arising out of or connected with his/her participation in the Prize.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Promoter or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory.  For greater certainty and the avoidance of any doubt, by accepting a Prize, a confirmed winner agrees to waive all recourse against the Promoter and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.

Limit of one (1) Prize per person.

9.       ELIGIBLE WINNER SELECTION PROCESS:

On May 16, 2023 (the “Selection Date”) in Toronto, Ontario at approximately 12:00 p.m. ET, the Promoter or its designated representative will perform a random draw from among all eligible Entries submitted and received in accordance with these Rules during the Contest Period to select the potential Prize winners. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules during the Contest Period.

10.    ELIGIBLE WINNER NOTIFICATION PROCESS:

The Promoter or its designated representative will make a minimum of two (2) attempts to contact the potential winner within five (5) business days of the Selection Date via email. A potential winner is solely responsible for ensuring he/she is able to receive such notification messages, monitoring for such notification messages and following all instructions contained in such notification messages, failing which, he/she may be disqualified (as determined by the Promoter at its sole discretion).

11.    ELIGIBLE WINNER CONFIRMATION PROCESS:

NO ONE IS A WINNER UNLESS AND UNTIL THE PROMOTER OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. Before being declared A CONFIRMED PRIZE winner, the potential winners will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Promoter, be administered online, by email or other electronic means, by telephone, or in the Promoter’s form of declaration and release); and (b) sign and return within two (2) business days of notification the Promoter’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof, including any travel related thereto; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Contest-Related Information or any portion(s) thereof; and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Promoter in perpetuity throughout the world in any manner or medium whatsoever, including print, broadcast or the internet. 

If a potential winner: (a) cannot be contacted as set out set out above, or if there is a return of a notification as undeliverable; (b) fails to correctly answer the skill-testing question; (c) fails to return the properly executed Contest documents within the specified time; (d) cannot accept (or is unwilling to accept) a Prize (as awarded) for any reason; and/or (e) is determined to be in violation of these Rules (all as determined by the Promoter in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Promoter reserves the right, in its sole and absolute discretion and time permitting, to select an alternate potential winner in accordance with the procedure outlined above, with the necessary amendments (in which case the foregoing provisions of this section shall apply to such newly selected potential winner).

12.    GENERAL CONDITIONS:

This Contest is subject to all applicable federal, provincial/territorial and municipal laws.  The decisions of the Promoter with respect to all aspects of this Contest, including without limitation the eligibility of entrants or any Contest-Related Information, are final and binding on all entrants without right of appeal.

ANYONE DEEMED BY THE PROMOTER TO BE IN VIOLATION OF THE PROMOTER’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE PROMOTER AT ANY TIME. 

All Contest-Related Information becomes the property of the Promoter. The Released Parties will not be liable for: (i) any failure of the Website or any other any website or platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Contest-Related Information, winner notification message and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

The Promoter reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Québec, to withdraw, amend or suspend the Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Promoter that interferes with the proper conduct of the Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of the Contest in any way (as determined by Promoter in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Promoter reserves the right to seek remedies and damages to the fullest extent permitted by law.  The Promoter reserves the right, subject only to the approval of the Régie in Québec, to cancel, amend or suspend the Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. The Promoter reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

The Promoter reserves the right, subject only to the approval of the Régie in Québec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Promoter, for purposes of verifying compliance of any entrants, Contest-Related Information and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Promoter, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

If due to printing, production, online, internet, computer or other error of any kind, more Prizes are claimed than intended to be distributed or awarded according to these Rules then, in addition to having the right to terminate the Contest immediately, subject only to the approval of the Régie in Québec, the Promoter reserves the right to conduct a random drawing from amongst all eligible Prize claimants whose claims have not yet been redeemed to award the correct number of Prizes at the applicable prizing level (as stated in these Rules). The Prizes may stop being awarded in the event the Promoter becomes aware of such an error.  In no event will the Promoter be liable to award more than the number of Prizes (at any prizing level), as provided in these Rules.  

FOR RESIDENTS OF QUÉBEC ONLY: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

By entering this Contest, each entrant expressly consents to the Promoter, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest and in accordance with the Promoter’s privacy policy (available at: https://www.midea.com/ca/privacy-policy).This section does not limit any other consent(s) that an individual may provide the Promoter or others in relation to the collection, use and/or disclosure of their personal information.

All Contest-Related Information remains the sole and exclusive property of the Promoter and can be revoked or invalidated by the Promoter at any time and for any reason. For greater certainty and the avoidance of any doubt, entrants will not be granted any type of rights (including without limitation property rights) in or to Contest-Related Information.

In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the French version of these Rules, the Website, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Promoter, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.

The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, the Promoter or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.  The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to the Contest.

All questions regarding these Rules should be directed to Midea Marketing at camarketing@midea.com.