#CubestPet Official Rules
NO PURCHASE OR MOBILE DEVICE IS NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED.
- The Midea “#CUBEstPet” Search (the “Search”) begins 12:00 AM Eastern Time (“ET”) June 23, 2021 and ends 11:59 PM ET July 20, 2021 ("Search Period").
- Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older and who have reached the legal age of majority in their state of residence at the time of submission. Employees of Midea America Corp. (“Sponsor”), Trymark Consulting Group, L.L.C., and their respective parents, affiliates, franchisees, subsidiaries, advertising and promotion agencies, and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of such employees, whether or not related, and social media Influencers (as determined by Sponsor), are ineligible to participate or receive a prize. Void where prohibited. Subject to all applicable federal, state, and local laws and regulations.
- How to Participate: The Sponsor is searching for the “Cubest” pet where you could win the Grand Prize (as described below) by uploading a photo or video on a qualifying social media platform (see list of qualifying platforms below) that displays your pet sitting, laying, or fitting into unusual or unexpected places (the applicable posted message and photo or video are, collectively, the “Submission”). Photo and video requirements must adhere to the social media’s platform requirements and restrictions. During the Search Period, you (the “Participant”) may participate in the Search via any of the three (3) ways on the social media platforms outlined below:
- To participate via Instagram, follow the @MideaAmerica Instagram account (if you are not doing so already). Then, use your Instagram account to publicly post your photo or video Submission of your pet with the hashtags #CUBEstPet and #Promo and tag @MideaAmerica to be considered. You must follow @MideaAmerica, include the #CUBEstPet and #Promo hashtags, and tag @MideaAmerica in your post in order for your Submission to be considered. You must have an Instagram account that is set to public to participate. Multiple Participants are not permitted to share the same Instagram account. If you do not have an Instagram account, you may sign up for a free account at www.instagram.com. Note: If you stop following the @MideaAmerica Instagram account, have your Instagram account set to private, or deactivate your Instagram account at any time prior to the end of the Search Period, your Submission will not be considered.
- To participate via Twitter, follow the @MideaAmerica Twitter account (if you are not doing so already), then use your Twitter account to publicly tweet your photo or video Submission of your pet with the hashtags #CUBEstPet and #Promo, and tag @MideaAmerica to be considered. You must follow @MideaAmerica, include the #CUBEstPet and #Promo hashtags, and tag @MideaAmerica in your tweet in order for your Submission to be considered. Submissions must be publicly tweeted and not submitted through direct messages. Sponsor will not receive Submissions from users with “protected” or “private” accounts or posts. Private, protected or @Reply messages not received by Sponsor will not be valid. Multiple Participants are not permitted to share the same Twitter account. If you do not have a Twitter account, you may sign up for a free account at www.twitter.com. Note: If you stop following the @MideaAmerica Twitter account, have your Twitter account set to private, or deactivate your Twitter account at any time prior to the end of the Search Period, your Submission will not be considered.
- To participate via Facebook, follow the @MideaAmerica Facebook account (if you are not doing so already) and use your Facebook account to publicly post your photo or video Submission of your pet with the hashtags #CUBEstPet and #Promo and tag @MideaAmerica to be considered. You must follow @MideaAmerica, include the #CUBEstPet and #Promo hashtags, and tag @MideaAmerica in your post in order for your Submission to be considered. Multiple Participants are not permitted to share the same Facebook account. If you do not have a Facebook account, you may sign up for a free account at www.facebook.com. Note: If you stop following the @MideaAmerica Facebook account, have your Facebook posting set to non-public, or deactivate your Facebook account at any time prior to the end of the Search Period, your Submission will not be considered.
You must be the owner of the pet shown in your Submission and potential winner may be required to provide proof of ownership in a manner acceptable to Sponsor.
Your Submission may not contain any content that the Sponsor, in its sole discretion, determines to:
- be vulgar, offensive, sexually explicit, profane or pornographic;
- be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;
- be violent, harmful, viewed as a form of animal cruelty, or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe activities;
- promote any political agenda or message;
- contain copyrighted materials owned by others (including music, lyrics, or images published on or in websites, television, movies or other media) without permission;
- contain third-party trademarks, logos, trade dress or insignia (such as distinctive packaging or building exteriors/interiors), including brand names of products owned by others without permission;
- contain any personal identification, such as persons’ names, e-mail addresses, street addresses or license plate numbers;
- communicate messages inconsistent with the positive image of the Sponsor’s name and/or any of its brands;
- contain any material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;
- include or refer to any third parties, including but not limited to minors, celebrities and friends or family members who have not authorized such inclusion or reference; or
- violate any law.
The Sponsor reserves the right to not accept any Submission which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Submission without prior notice.
Submission must be the original work of the Participant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Submission contains any material or elements that are not owned by the Participant, and/or which are subject to the rights of third parties, the Participant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsor in the manner set forth in these Participation terms, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Participant at any time. Failure to provide such proof may, if requested, render the Submission not to be considered. By providing a Submission, participant warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consent to the submission and use of the Submission in the Search.
By providing a Submission via Instagram, Twitter and/or Facebook, the Participant consents to being contacted by direct message (“DM”) on the platform of submission if selected as a potential award recipient. All Submissions, whether or not selected as an award recipient, become the property of the Sponsor and will not be acknowledged or returned. Should multiple users of the same social media account participate in the Search and a dispute thereafter arises regarding the identity of the Participant, the authorized account holder of said social media account at the time of submission will be considered the Participant and required to comply with these Participation terms. The "authorized account holder" is the natural person assigned the social media account. Use of any automated system and use of any other devices to subvert the submission process to participate is prohibited and will result in disqualification (and all associated Submissions will not be considered). The potential award recipients may be required to show proof of being the authorized account holder of said social media account.
- SELECTION OF GRAND PRIZE WINNER: All eligible Submissions received throughout the Search Period will be reviewed and rated by Sponsor based on a variety of factors, primarily focusing on Submission content that best depicts Participant’s pet as described above in Section 3. The one (1) Submission with the highest rating will be deemed the potential Grand Prize winner. In the event of a tie, an additional, “tie-breaking” judge will determine the potential Grand Prize winner based on the criteria listed above. Sponsor reserves the right to not award the prize if, in its sole discretion, it has not received a sufficient number of eligible and qualified Submissions. Potential winner is subject to verification of eligibility and compliance with these Participation terms.
- Grand Prize (1): One (1) Midea Cube 20-Pint Smart WiFi Dehumidifier (model MAD20S1QWT) (Estimated Retail Value (“ERV”) $178.00). The value of merchandise is based on the ERV at the commencement of the Search. No compensation will be offered for any difference in value between stated ERV and the actual ERV at time of prize award. Winner will be responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with acceptance and use of the prize not described herein as being awarded, including, but not limited to any cost of a wireless service plan. All prize details are at Sponsor’s sole discretion. Prize is not transferable, redeemable for cash, or substitutable except by Sponsor, which reserves the right, at its discretion, to substitute the prize or portion of the prize with one of comparable or greater value. All prize details are at the sole discretion of the Sponsor.
- Potential winner will be notified by DM to their social media account on the social media platform in which they participated with instructions on how to claim the prize and will be required to respond within three (3) business days of date of its issuance. In the event that a response to any given DM is not received within three (3) business days of date of its issuance or potential winner is not in compliance with these Participation terms, the prize may be forfeited and, at Sponsor’s discretion, the next runner up may be selected based on the criteria stated above. Potential winner may be required, in the sole discretion of the Sponsor, to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within five (5) days of date of issuance of those documents or prize may be forfeited and, at Sponsor’s discretion, the next runner up may be selected based on the criteria stated above. In the event potential winner is not in compliance with these Participation terms, or the prize or prize notification is returned as undeliverable, the prize may be forfeited and, at Sponsor’s discretion, the next runner up may be selected based on the criteria stated above.
- By participating, Participants agree as follows: a) to abide by these Participation terms, and to the decisions of Sponsor and the judges, which shall be final and binding in all respects; b) to the use of their names and/or likenesses and/or biographical data by Sponsor and its designees if selected as the winner for advertising, promotional and other purposes in any or all media now or hereafter known throughout the world in perpetuity without compensation, permission or notification (except where prohibited by law); and c) THAT SPONSOR, Instagram, TWITTER, FACEBOOK, TRYMARK CONSULTING GROUP, L.L.C., AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO ANY PARTICIPANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS SEARCH OR THE USE OR MISUSE OF THE PRIZE. PRIZE IS AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES EXCEPT FOR ANY “IN THE BOX” WARRANTY THAT MAY BE PROVIDED WITH AN PRIZE. Released Parties are not responsible for lost, delayed, interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Search, including, without limitation, errors or problems which may occur in connection with the administration of the Search, the processing or rating of Submissions, the announcement of the prize or in any Search-related materials or for any damage to Participant’s or other person’s computer, hardware or software as a result of participation. Released Parties are also not responsible for Submissions or associated DMs that are lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered garbled or delayed by computer transmissions and all such Submissions will not be considered. Sponsor is not responsible for any prize that is lost, damaged, stolen, delayed, misdirected, or undelivered. Persons found tampering with or abusing any aspect of this Search or who are in violation of these Participation terms as solely determined by the Sponsor will be disqualified and all associated Submissions will not be considered. Every Submission must be manually keystroked and manually entered by the individual participant and repetitive automated electronic Submissions are specifically disallowed. Use of script, macro or automated submission software or programs or any other means that subvert the submission process is prohibited and all such Submissions will not be considered. In the event the Search is compromised by virus, bugs, worms, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Search, including but not limited to Acts of God, epidemic or pandemic, or if Search is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Search or any portion thereof and/or terminate the participation of any Participant (and not consider his/her Submission) whose conduct potentially compromises the Search and at its sole discretion, if terminated, to award the prize from among all eligible, non-suspect Submissions received prior to the act requiring such suspension or termination using the criteria stated above. The invalidity or unenforceability of any provision of these Participation terms 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 Participation terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. CAUTION: Any attempt by a Participant to damage the website or undermine the legitimate operation of the Search is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) to the fullest extent permitted by law. The Search is governed by the laws of the State of New Jersey without regard to its conflict of laws principles, with venue in Morris County, New Jersey.
- EXCEPT WHERE PROHIBITED BY LAW, As a condition of participating IN THIS SEARCH, YOU agree that a) under no circumstances will YOU be permitted to obtain awards for, and YOU hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out of pocket expenses, if any; b) all causes of action arising out of or connected with this SEARCH, or any compensation or credit to be provided, shall be resolved individually, without resort to any form of class action AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (“FAA”, Title 9 of the United States Code) UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION; C) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND D) JUDGEMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS SEARCH, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR SUBMISSION, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, PART OF THE PARTICIPATION TERMS BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: MIDEA “#CUBEstPet” SEARCH – ARBITRATION REJECTION, P.O. BOX 295, GAINESVILLE, VA 20156. ANY OPT-OUT RECEIVED AFTER THE THIRTY (30) DAY TIME PERIOD WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM, IF ANY, VIA ARBITRATION PURSUANT TO THESE PARTICIPATION TERMS. any and all claims, judgments, and award shall be limited to actual out of pocket costs incurred, if any, AND in no event SHALL YOU BE ENTITLED TO RECEIVE attorneys’ fees OR OTHER LEGAL COSTS OR EXPENSES.
- The name of the winner (available after July 31, 2021) and/or a copy of these Participation terms may be obtained by mailing a self-addressed, stamped #10 envelope to: Midea “#CUBEstPet” Search - Winner/Rules (please specify which), P.O. Box 295, Gainesville, VA 20156, for receipt no later than September 30, 2021. VT residents omit return postage on rules requests.
- Sponsor: Midea America Corp., 5 Sylvan Way, Parsippany, NJ 07054.
Promoter: Trymark Consulting Group, L.L.C., P.O. Box 295, Gainesville, VA 20156.
© 2021 Midea America Corp. All rights reserved. Other marks are the property of their respective owners.