Bed Bath & Beyond® Everhome™ Sweeps
Official
Rules
NO
PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Bed
Bath & Beyond® Everhome™ Sweeps (the “Sweepstakes”) is open only to legal residents of the
fifty (50) United States and the District of Columbia who are at least eighteen
(18) years of age or older (or 19 years of age or older for residents of
Alabama and Nebraska) at the time of entry. Employees and their
immediate families (parent, child, spouse or siblings and their respective
spouses, regardless of where they reside), and those living in their same
households, whether or not related, of Bed Bath & Beyond
Inc. (Sponsor), Merkle Inc., and their respective parent companies, participating
vendor, affiliates, subsidiaries, retail locations, representatives,
consultants, contractors, legal counsel, advertising, public relations,
promotional fulfillment, digital, marketing, promotion and social media
agencies, website providers, webmasters along with the officers, directors,
owners, members, agents and employees of each of them, and companies involved
in the implementation and execution of the Sweepstakes (and their respective
parents, affiliates and subsidiaries) (collectively the “Sweepstakes Entities”)
are not eligible to enter or win. The Sweepstakes is subject to all
applicable federal, state, and local laws and regulations and is void where
prohibited. Participation constitutes entrant’s full and
unconditional agreement to these Official Rules. Sponsor’s and Administrator’s
decisions are final and binding in all matters related to the Sweepstakes.
Winning the prize is contingent upon fulfilling all requirements set forth
herein.
2. Sponsor: Bed Bath & Beyond
Inc., 650 Liberty Avenue, Union, NJ 07083. Administrator: Merkle
Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3.
Timing: The
Sweepstakes begins on Friday, June 3, 2022 at 12:01 p.m. Eastern Time
("ET") and ends on Thursday, June 9, 2022 at 11:59 p.m. ET (the
"Promotion Period"). Instagram's servers are the official
time-keeping devices for the Sweepstakes.
4.
How to Enter:
Participation
Requirements: To participate,
you will need to have an Instagram account. Creating an account is free
but is subject to the applicable Terms
and Conditions. If entering
via a mobile device and using your wireless carrier’s network, standard data
charges from your wireless carrier may apply.
Entry
Requirements:
During the Sweepstakes Period, take the following actions to receive an entry.
(a) Locate the @bedbathandbeyond Instagram post advertising this
Sweepstakes (the “Sweepstakes Post”).
(b) Follow @bedbathandbeyond.
(c) Like the Sweepstakes
Post.
(d)
Post an original comment on the Sweepstakes Post (“Comment”) that includes “at
mentioning” two (2) persons (using their Instagram handle) with
whom you have a personal relationship.
(e)
You must maintain your Instagram handle once you enter and until the prizes are
awarded (as described in Section 6).
Content Requirements for Entry:
· Your Comment must be
your original work.
· You must have permission
from friends who you “@mention” / identify in your Comment and to grant the
rights set forth in Section 5. If requested, entrant must be able to provide
such permissions in a form acceptable to Sponsor.
.· Your Comment need not
include any reference, positive or negative, to Sponsor’s products or services.
Including such a reference in your comment will not improve your chances of
winning.
· Your Comment must not
copy or plagiarize from any source.
· Your Comment must not convey
any claims of Sponsor’s products or services that would be deemed
unsubstantiated or deceptive if made by Sponsor.
· Your Comment must not contain material that violates
or infringes another’s rights, including privacy rights of any person (living
or deceased) or otherwise infringe upon any person’s personal or proprietary
rights and therefore may not include logos, trademarks, or any other
intellectual property other than those of the Sponsor.
· Your Comment must not make references to or
include alcohol, illegal drugs, tobacco, or firearms/weapons, any activities
that are or appear to be dangerous, or any political agenda; and
· Your Comment may not be
offensive, profane, sexually explicit, promote bigotry, racism, hatred, or
harm against any group or individual or promote discrimination based on race,
gender, religion, nationality, disability, sexual orientation, or age.
By completing the above
requirements and meeting all of the content requirements, you will receive
one (1) Sweepstakes Entry. Sponsor reserves the right to disqualify any
Comment that it finds unlawful, or in violation of these Official Rules, all in
its sole discretion.
Entry Limit: You
can earn a maximum of one (1) entry during the Promotion Period. Multiple
entrants are not permitted to share the same Instagram account. Any
attempt by any entrant to obtain more than the stated number of
entries by using multiple/different Instagram accounts, identities,
registrations and logins per channel, or any other methods will void that
entrant's entries and that entrant may be disqualified. Use of any
automated system to participate is prohibited and will result in
disqualification. In the event of a dispute as to any registration,
the authorized account holder of the Instagram account used to enter
will be deemed to be the entrant. The “authorized account holder” is
the natural person assigned an email address by an Internet access provider,
online service provider or other organization responsible for assigning email
addresses used to create the Instagram account. The potential winner may be
required to show proof of being the authorized account holder.
Released Parties (as defined in Section 8, below) are not responsible for lost,
late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled,
delayed, or misdirected entries or failure to receive entries due to limitation
of third-party social network platforms all of which will be void.
5. Sponsor’s Use of
Social Post Content: Posting
a Comment constitutes entrant’s consent to give Sponsor a royalty-free,
irrevocable, perpetual, non-exclusive license to use, reproduce, modify,
publish, create derivative works from, and display such comment in whole or in
part, on a worldwide basis, and to incorporate it into other works, in any
form, media or technology now known or later developed, including for
promotional or marketing purposes. If requested, entrant will sign
any documentation that may be required for Sponsor or its designees to make use
of the non-exclusive rights entrant is granting to use the Comment.
6. Grand Prize Drawing and Winner Requirements: Receiving a prize is contingent upon
compliance with these Official Rules. Administrator is an independent judging
organization whose decisions as to the administration and operation
of the Sweepstakes and the selection of the potential winner are final and
binding in all matters related to the Sweepstakes. Administrator will
randomly select the potential Sweepstakes winner from all eligible entries
received during the Promotion Period, on or around June 13, 2022. The potential
winner will be notified by @bedbathandbeyond as a private message. Potential winner will be directed to a secure website and
required to provide their name, date of birth, valid email address, phone, and
mailing address within three (3) days of the date notice or attempted notice is
sent in order to claim the prize. Upon completion of the online claim
form, the potential winner will also be required to sign and return a
Declaration of Compliance, Liability Waiver and, where not prohibited, a
Publicity Release ("Declaration"), which must be received by
Administrator within three (3) days of the date notice or attempted notice is
sent, in order to claim the prize. If a potential winner cannot be
contacted, fails to complete the online form or sign and
return the Declaration within the required time periods, or the prize is returned
as undeliverable, the potential winner forfeits the prize. In the event
that a potential winner forfeits the prize or is disqualified for any
reason, the Sponsor will award the prize to an alternate winner by
random drawing from among all remaining eligible entries. Only three (3)
alternate drawings will be held, after which the prize will remain
un-awarded.
7. Prize: One
(1) Grand Prize: An Everhome™ Outdoor Entertaining Package
including: One (1) Everhome™ Saybrook Steel Wicker Bar Cart in White, Approximate
Retail Value (ARV) $200; One (1) Everhome™ Galveston Outdoor Folding Bistro
Table in Natural, ARV $55; Two (2) Everhome™ Galveston Outdoor Folding Parisian
Chairs, ARV $110; Two (2) Everhome™ Outdoor Throw Pillows, ARV $50; Two (2)
Everhome™ 12.6-Inch Small Solar Metal Outdoor Lanterns in White, ARV $30; Six
(6) Everhome ™ Cardoba Double Old Fashioned Glasses in Blue, ARV $24; Six (6)
Everhome ™ Cardoba High Ball Glasses in Blue, ARV $24; and One (1) Everhome™
Rectangle Lacquer Serving Tray in blue, ARV $25. Grand Prize Approximate
Retail Value (“ARV”): $518.00.
The prize is non-transferable, and no substitution will be
made except as provided herein at the Sponsor’s sole discretion. Sponsor
reserves the right to substitute the prize or any prize component for
one of equal or greater value if the designated prize should become unavailable
for any reason. Odds of winning the prize depend on the number of eligible
entries received during the Promotion Period. Prize will be fulfilled
approximately 8-10 weeks after winner confirmation is complete. Limit: One
(1) prize per person.
8. Release: By receipt of any prize, the winner agrees
to release and hold harmless the Sweepstakes Entities and each of
their respective officers, directors, employees, representatives, and agents
(collectively, “Released Parties”) from and against any
claim or cause of action, including, but not limited to, personal injury,
death, or damage to or loss of property, arising out of participation
in the Sweepstakes, receipt or use or misuse of any prize.
9. Publicity: Except where
prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s
and its agents’ use of winner’s name, prize information, likeness, comment,
photographs (including, without limitation, winner's Instagram account profile
photo), videos, voice, opinions and/or hometown and state for promotional
purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: Sponsor
reserves the right to cancel, suspend and/or modify the Sweepstakes, if any
fraud, technical failures, human error, or any other factor impairs the
integrity or proper functioning of the Sweepstakes, or any event or cause
beyond Sponsor’s control (e.g. events such as natural calamities, national
emergencies, widespread illnesses, declarations of war, acts of God, acts of
terrorism) interferes with any aspect of the Sweepstakes, including but not
limited to fulfillment of the prize(s), as determined by Sponsor in its sole
discretion. In such event, Sponsor, in its sole discretion, may elect to hold a
random drawing from among all eligible entries received up to the date of
discontinuance and may modify the prizes offered herein. Sponsor reserves the
right, in its sole discretion, to disqualify any individual it finds to be
tampering with the entry process or the operation of the Sweepstakes or to be
acting in violation of the Official Rules of this or any other promotion or in
an unsportsmanlike or disruptive manner. Any attempt by any person to
deliberately undermine the legitimate operation of the Sweepstakes may be a
violation of criminal and civil law, and should such an attempt be made,
Sponsor reserves the right to seek damages from any such person to the fullest
extent permitted by law. Sponsor’s failure to enforce any term of these
Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The
Released Parties are not responsible for: (1) any incorrect or inaccurate
information, whether caused by entrants, printing errors or by any of the
equipment or programming associated with or utilized in the Sweepstakes; (2)
technical failures of any kind, including, but not limited to malfunctions,
interruptions, or disconnections in phone lines or network hardware or
software; (3) unauthorized human intervention in any part of the entry process
or the Sweepstakes; (4) technical or human error which may occur in the
administration of the Sweepstakes or the processing of entries; (5) late, lost,
undeliverable, damaged or stolen mail; or (6) any injury or
damage to persons or property which may be caused, directly or
indirectly, in whole or in part, from entrant’s participation in the
Sweepstakes or receipt or use or misuse of any prize. If
for any reason an entrant's entry is confirmed to have been
erroneously deleted, lost, not received, or otherwise destroyed or corrupted,
entrant’s sole remedy is another entry in the Sweepstakes if it is
possible. No more than the stated number of prizes will be awarded. In the
event that production, technical, seeding, programming or any other reasons
cause more than the stated number of prizes as set forth in these Official
Rules to be available and/or claimed, Sponsor reserves the
right to award only the stated number of prizes by a random drawing
among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees
that: (1) any and all disputes, claims and causes of action arising out of or
connected with this Sweepstakes or any prize awarded shall be resolved
individually, without resort to any form of class action, and
exclusively by the United States District Court for the Eastern District of
Michigan or the appropriate Michigan State Court located in Oakland County,
Michigan; (2) any and all claims, judgments and awards shall be
limited to actual out-of-pocket costs incurred, including costs
associated with entering this Sweepstakes, but in no event attorneys’ fees; and
(3) under no circumstances will entrant be permitted to obtain awards
for, and entrant hereby waives all rights to claim, indirect,
punitive, incidental and consequential damages and any other damages, other
than for actual out-of-pocket expenses, and any and all
rights to have damages multiplied or otherwise
increased. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, or the
rights and obligations of the entrant and Sponsor in connection with the
Sweepstakes, shall be governed by, and construed in accordance with, the laws
of the State of Michigan without giving effect to any choice of law
or conflict of law rules (whether of the State of Michigan or any other
jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Michigan.
13. Entrant's Personal
Information: Information
collected from entrants is subject Sponsor’s Privacy Policy https://www.bedbathandbeyond.com/store/static/PrivacyPolicy.
14. Winner List: For a winner list, click HERE. The winner list will be posted after
winner confirmation is complete.
© 2022 Merkle Inc. All
rights reserved.
This promotion is
in no way sponsored, endorsed or administered by, or
associated with Instagram, Inc.