#RealCool Sweepstakes Official Rules
OFFICIAL RULES FOR MIDEA “#REALCOOL” SWEEPSTAKES
NO PURCHASE OR MOBILE DEVICE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
- The Midea “#RealCool” Sweepstakes (“Sweepstakes”) begins 12:00 AM Eastern Time (“ET”) May 29, 2021 and ends 11:59 PM ET June 14, 2021 ("Sweepstakes 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 entry. 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, are ineligible to enter or win. Void where prohibited. Subject to all applicable federal, state, and local laws and regulations.
Your Entry 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 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;
- contain third-party trademarks, logos, trade dress or insignia, including brand names of products, without written consent from the owner, excluding any third-party materials included in Sweepstakes posts on Zach King’s Twitter page;
- 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 reject any Entry 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 Entry without prior notice.
Limit one (1) Entry per person using only one (1) Twitter account for the duration of the Sweepstakes Period. If Entries are received in excess of the stated limitation from any person (including multiple Twitter accounts) during the Sweepstakes Period, only the first such Entry received will be eligible for entry. Submission of erroneous or incomplete information will void the Entry. By submitting an Entry, the Entrant consents to being contacted via direct message (“DM”) on Twitter, from the @MideaAmerica Twitter account, if selected as the potential winner. All Entries, whether or not selected as the winner, become the property of the Sponsor and will not be acknowledged or returned. Should multiple users of the same Twitter account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the Entrant, the authorized account subscriber or authorized account holder of said Twitter account at the time of entry will be considered the Entrant and required to comply with these Official Rules and all requirements set forth herein. In the event of a dispute as to any registration, the authorized account holder of the Twitter account will be deemed to be the Entrant and he/she must comply with these Official Rules. The "authorized account holder" is the natural person assigned an account by Twitter, as applicable. Potential winner may be required to show proof of being the authorized account holder. Use of any automated system and use of any other devices to subvert the entry process to participate is prohibited and will result in disqualification (and all associated Entries will be void).
- A random drawing will be conducted on or about June 16, 2021 from among all eligible Entries received during the Sweepstakes Period to select one (1) potential Grand Prize winner. Drawing will be conducted by Trymark Consulting Group, L.L.C., an independent judging organization whose decisions are final and binding. Odds of winning will depend on the total number of eligible Entries received.
- Grand Prize (1): One (1) Midea DUO Smart Inverter Portable Air Conditioner, Black (Model MAP12S1TBL) (Estimated Retail Value (“ERV”) $599.99. The value of the prize product is based on the ERV at the commencement of the Sweepstakes. 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, including but not limited to any cost of installation, associated with acceptance and use of the prize not described herein as being awarded. 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 from @MideaAmerica to their Twitter account 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 the potential winner is not in compliance with these Official Rules, the prize may be forfeited and, at Sponsor’s discretion, an alternate winner may be selected. 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, awarded to an alternate winner. In the event potential winner is not in compliance with these Official Rules or the prize or prize notification is returned as undeliverable, the prize may be forfeited and, at Sponsor’s discretion, an alternate winner may be selected.
- By participating, Entrants agree as follows: a) to abide by these Official Rules, 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, TWITTER, 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 AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS SWEEPSTAKES 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 THE 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 Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the prize or in any Sweepstakes-related materials or for any damage to Entrant’s or other person’s computer, hardware or software as a result of participation. Released Parties are also not responsible for Entries that are lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered garbled or delayed by computer transmissions and all such Entries are void. 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 Sweepstakes or who are in violation of these Official Rules as solely determined by the Sponsor will be disqualified and all associated Entries will be void. Every Entry must be manually keystroked and manually entered by the individual participant and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro or automated entry software or programs or any other means that subvert the entry process is prohibited and all such Entries will be void. In the event the Sweepstakes 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 Sweepstakes, including but not limited to Acts of God, epidemic or pandemic, or if Sweepstakes is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Sweepstakes or any portion thereof and/or terminate the participation of any Entrant (and void his/her Entry/ies) whose conduct potentially compromises the Sweepstakes and at its sole discretion, if terminated, to award the prize in a random drawing from among all eligible non-suspect Entries received prior to the act requiring such termination. The invalidity or unenforceability of any provision of these Official 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 Official Rules 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 an Entrant to damage the website or undermine the legitimate operation of the Sweepstakes 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. Sweepstakes 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 SWEEPSTAKES, 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 SWEEPSTAKES, 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 SWEEPSTAKES, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR ENTRY, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, PART OF THE OFFICIAL RULES BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: MIDEA “#REALCOOL” SWEEPSTAKES – 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 OFFICIAL RULES. 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 15, 2021) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: Midea “#RealCool” Sweepstakes - 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.
Twitter is not a sponsor or promoter of this Sweepstakes.