Bed Bath & Beyond® National
Coffee Day Giveaway
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: Bed Bath & Beyond® National Coffee Day
Giveaway (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 nineteen (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 sibling 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 a 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 September 24, 2021 at 9:01 a.m. Eastern Time ("ET") and
ends on October 4, 2021 at 11:59 p.m. ET (the "Promotion Period"). Facebook's servers are the official
time-keeping devices for the Sweepstakes.
4. How to Enter:
Participation
Requirements: To participate,
you will need to have a Facebook account. Creating an account is free but is subject to
the applicable Terms of Service.
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, visit
the Bed Bath & Beyond® Facebook page (www.Facebook.com/BedBathandBeyond)
and take the following actions to receive an entry.
(a)
Locate the BedBathandBeyond
post advertising this Sweepstakes (herein “Sweepstakes Post”).
(b)
Post an original and relevant comment on the Sweepstakes Post (“Comment”) that responds
to the question posed.
(e)
You must maintain your Facebook 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; Your Comment must not copy or plagiarize
from any source.
·
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. If requested, entrant must be able to provide such
permissions in a form acceptable to Sponsor.
·
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 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.
·
Your
Comment may not be offensive, profane, sexually explicit, promotes bigotry, racism,
hatred or harm against any group or individual or promotes
discrimination based on race, gender, religion, nationality, disability, sexual
orientation, or age; and
·
You
must have permission to include the names or images of other individuals and to
grant the rights set forth in Section 5.
By
completing the above requirements and meeting all of
the content requirements, you will receive one (1) Sweepstakes Entry. Limit: You can
enter the Sweepstakes one (1) time during the Promotion Period. 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 enter the Sweepstakes one (1) time
during the Promotion Period. Multiple entrants are not permitted to share the same Facebook account. Any attempt by any
entrant to obtain more than the
stated number of entries by using multiple/different Facebook 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 Facebook 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
Facebook 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 & 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 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 October 6, 2021. The potential winners will be notified by
@BedBathandBeyond as a private message. It
may be necessary to initially notify the potential winners as a reply to their
winning comment, asking them to send a private message to @BedBathandBeyond within
two (2) days to enable @BedBathandBeyond to send a private message with prize
claim instructions. Potential winners will be directed to a secure website
and be required to provide his/her 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, the potential winner forfeits the
prize. In the event
that the potential winner forfeits the prize or is disqualified for any
reason, 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. Prizes: Ten (10)
Grand Prizes: A Nespresso®
Vertuo Next Premium Coffee & Espresso Maker by De'Longhi. ARV of each Grand Prize is $169.99. Total ARV:
$1,699.90
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 the prize or any prize component for one of equal or greater value
if the designated prize should become unavailable for any reason. Winners will be 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. Prizes 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, each winner agrees to release and hold harmless 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 Facebook 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 (Southern Division)
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, visit https://bit.ly/3tw0wco. The
winner list will be posted after winner confirmation is complete.
© 2021 Merkle Inc. All rights reserved.
This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc.