BISSELL Gotcha Day Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS
INTENDED FOR LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF
COLUMBIA. DO NOT ENTER IF YOU ARE NOT LOCATED IN THE FIFTY (50) UNITED STATES
OR DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR
ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC.
1. Eligibility: The BISSELL Gotcha Day Sweepstakes (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 old at the
time of entry. Employees of BISSELL Homecare, Inc. (“Sponsor”), BISSELL Pet Foundation®,
Current Global, Merkle Inc. (“Administrator”), and their parent and affiliate
companies as well as the immediate family (spouse, parents, siblings, and
children) and household members of each such employee are not eligible. 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 and Sponsor’s and
Administrator’s decisions, which are final and binding in all matters related
to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements
set forth herein.
4. How to Enter: There are
two (2) ways to enter the Sweepstakes:
(a) Enter on Instagram:
Participation Requirements: To participate, you will need to have an
Instagram account. Creating an account is free but subject to Instagram’s 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.
(b) Post a photo or video (not exceeding
15 seconds) of your adopted pet;
(c) Include the
hashtag #GotchaDaySweepstakes and at mention @bissellclean in the original caption
of your post;
(d) Your post
must not violate the “Content Restrictions” listed below
(e) Your
account settings must be public when you post and remain public until the
prizes are awarded (as described in Section 6); and
(f) You must not
change your Instagram handle once you post to enter this Sweepstakes and until
the prizes are awarded (as described in Section 6).
Content Restrictions for your Entry:
·
Your
post must not convey any claims of Sponsor’s products or services that would be
deemed unsubstantiated or deceptive if made by Sponsor;
·
Your
post must not disparage Sponsor or any other parties;
·
Your
post must not display unsafe situations for your pet;
·
Your
post 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;
By
posting content that conforms to all of the above requirements, you will
receive one (1) Sweepstakes entry. Sponsor, in its sole discretion, may disqualify
any post that it finds unlawful, or in violation of these Official Rules.
BY SUBMITTING
AN ENTRY AND/OR ACCEPTING PRIZE, EACH ENTRANT (AND WINNER WHERE APPLICABLE)
REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE, AND INTEREST
NECESSARY TO GRANT THE SPONSOR RELEVANT RIGHTS SET FORTH BELOW IN SECTION 5. AND
AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM AND AGAINST ANY AND ALL
CLAIMS TO THE CONTRARY. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT
HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S SOLE DISCRETION.
SPONSOR RESERVES THE RIGHT TO, AND MAY OR MAY NOT MONITOR/SCREEN ENTRIES PRIOR
TO POSTING THEM ON THE WEBSITE. BY ENTERING, YOU ACKNOWLEDGE THAT SPONSOR HAS
NO OBLIGATION TO USE OR POST ANY ENTRY YOU SUBMIT. WITHOUT LIMITING THE
FOREGOING, SPONSOR RESERVES THE RIGHT TO REMOVE ANY IMAGE AND DISQUALIFY THE
RELATED ENTRY IT DEEMS, IN ITS SOLE, SUBJECTIVE DETERMINATION, TO BE
INAPPROPRIATE WITHOUT ANY OBLIGATION TO ENGAGE IN ANY COMMUNICATION, COMMENT OR
DISCUSSION ABOUT ANY SUCH IMAGE OR ENTRY AND/OR ANY DECISION TO REMOVE SUCH IMAGE
AND DISQUALIFY ITS CORRESPONDING ENTRY. ALL DECISIONS OF SPONSOR ARE FINAL.
(b)
Enter by Mail (or if you don’t have an adopted pet): To enter without having adopted a pet, print
your name, address, phone number, email address, and date of birth on a piece
of paper and mail it in an envelope with proper postage to “BISSELL
Gotcha Day Sweepstakes,” c/o Merkle Inc., P.O.
Box 5011, Department 855338, Kalamazoo, MI 49003-5011. You will receive one (1)
entry into the Sweepstakes. Limit: One (1) entry per envelope. All mail-in
entries must be handwritten and must be postmarked by December 12, 2022 and
received by December 16, 2022. All entries become the exclusive property of
Sponsor, and none will be acknowledged or returned. Proof of sending or submission
will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible
for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or
postage-due entries, which will be disqualified.
FOR WINNERS: If confirmed as a winner, winner agrees
to grant Sponsor and its agents the unconditional, irrevocable, worldwide right
and license to publish, use, adapt, edit, and/or modify the entry or any part thereof
(including the image) in any way, including each component of the entry,
together or separately, in whole or in part, in any and all media, now known or
hereafter developed, without limitation, and without additional compensation or
consideration to you other than the delivery of your prize, and to execute any
additional licenses or legal documents reflecting such grant of rights.
6. Grand Prize Drawing: Administrator is an independent organization whose
decisions as to the administration and operation of the Sweepstakes and the
selection of the potential winners are final and binding in all matters related
to the Sweepstakes. Administrator will randomly select the potential Sweepstakes
winners from all eligible entries received during the Promotion Period, on or
around December 20, 2022. Each potential winner will be notified by @bissellclean
on Instagram and will be directed to a secure online claim form and asked to provide his/her name, email
address, mailing address, and date of birth to confirm eligibility and for prize
fulfillment purposes within two (2) days of the date notice or attempted notice
is sent into order to claim the prize. If a potential winner of any prize
cannot be contacted, fails to provide any other requested information within
the required time period (if applicable), or the prize is returned as undeliverable,
the potential winner forfeits the prize. Receiving a prize is contingent upon
compliance with these Official Rules. In the event that a potential winner forfeits
the prize or is disqualified for any reason, Sponsor will award the applicable
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. Prizes: THREE HUNDRED (300) GRAND PRIZES:
Each winner will receive a Little Green® Pet Pro Portable Carpet Cleaner. Approximate Retail Value (“ARV”): $165.00.
Prizes are non-transferable, and no substitution will be
made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves
the right to substitute a prize for one of equal or greater value if the designated
prize should become unavailable for any reason. Winners are responsible
for all taxes and fees associated with prize receipt and/or use. Odds of
winning a prize depend on the number of eligible entries received during the
Promotion Period. Limit one (1) prize per person.
Total
ARV of all prizes: $49,500.00. Prizes
will be fulfilled approximately 8-10 weeks after the conclusion of the
Sweepstakes.
8. Release: By entering this Sweepstakes, entrants
agree to release and hold harmless Sponsor, Administrator, BISSELL Pet
Foundation®, Current Global, Instagram, Inc., and their respective subsidiaries,
affiliates, suppliers, distributors, advertising/promotion agencies, and prize
suppliers, and each of their respective parent companies and each such company’s
officers, directors, employees and agents (collectively, the “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, third party claims involving
the right to privacy, right of publicity, or intellectual property infringement,
arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
9. Publicity:
Except where prohibited, participation in the Sweepstakes constitutes each winner’s
consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness,
Submission, photograph (including, without limitation, winner's Instagram profile
photo), 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, wide spread 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 or the failure to receive social posts due to limitation of
third-party social network platforms; (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,
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. Binding Arbitration:
Any controversy or claim arising out of or relating to the Sweepstakes shall be
settled by binding arbitration in a location determined by the arbitrator as set
forth herein (provided that such location is reasonably convenient for
claimant), or at such other location as may be mutually agreed upon by the
parties, in accordance with the procedural rules for commercial disputes set
forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS
Rules and Procedures”) then prevailing, and judgment upon the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction thereof. The
arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The
arbitrator shall apply Iowa law consistent with the Federal Arbitration Act and
applicable statutes of limitations and shall honor claims of privilege
recognized at law. In the event that the claimant is able to demonstrate that
the costs of arbitration will be prohibitive as compared to the costs of
litigation, Sponsor will pay as much of the claimant’s filing and hearing fees
in connection with the arbitration as the arbitrator deems necessary to prevent
the arbitration from being cost-prohibitive. If any part of this arbitration
provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or
representative basis), or otherwise conflicts with the rules and procedures
established by JAMS, then the balance of this arbitration provision shall
remain in effect and shall be construed in accordance with its terms as if the
invalid, unenforceable, illegal or conflicting provision were not contained
herein. If, however, the portion that is deemed invalid, unenforceable, or
illegal is that claims will not be arbitrated on a class or representative
basis, then the entirety of this arbitration provision shall be null and void,
and neither claimant nor Sponsor shall be entitled to arbitrate their dispute.
Upon filing a demand for arbitration, all parties to such arbitration shall
have the right of discovery, which discovery shall be completed within sixty
days after the demand for arbitration is made, unless further extended by
mutual agreement of the parties. THE
ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN
THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO
NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY
ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT
AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES,
CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES,
OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION
AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL
CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY,
OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE
AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE
PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY
WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET
EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED;
AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF NY) AND
ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO
THE ABOVE MAY NOT APPLY TO EVERY ENTRANT
13. Governing Law & Jurisdiction:
All issues and questions concerning the construction, validity, interpretation,
and enforceability of these Official Rules, your rights and obligations, or the
rights and obligations of the 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
thereof. By entering, you consent to the
jurisdiction and venue of the federal, state, and local courts located in Kent
County, Michigan for the resolution of all matter or proceedings which are not
subject to arbitration as set forth in Section 12 of these Official Rules and
agree that any and all such disputes shall be resolved exclusively in those
courts. Sponsor’s failure to enforce any term of these Official Rules shall not
constitute a waiver of that or any other provision. If any provision of these
Official Rules is held to be invalid or unenforceable, such provision shall be
struck, and the remaining provisions shall be enforced.
14. Winner List: For a winner list, please click HERE. The winner
list will be posted after winner confirmation is complete.
15. Entrant's Personal Information: Information collected from entrants is
subject Sponsor’s Privacy Policy https://www.bissell.com/privacy-policy.html.
Entrant understands that when you post on Instagram to enter, you are
providing such information to Sponsor, and not to Instagram, Inc.
© 2022 Merkle Inc. All rights reserved.