Bed Bath & Beyond® Home,
Happier™ 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: The Bed Bath & Beyond® Home, Happier™
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, 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) 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 July 22, 2021 at 12:01 p.m. Eastern Time ("ET")
and ends on August 1, 2021 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” 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, 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.
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/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 August 3, 2021. The potential winners will be notified by @bedbathandbeyond as a private message. Potential winners 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 winners
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.
·
You can use your eGift
Card at Bed Bath & Beyond®, buybuy
BABY®, and Harmon® Face Values® locations, and on-line at www.bedbathandbeyond.com and www.buybuybaby.com
·
A Bed Bath & Beyond® Branded Merchandise Sample Assortment
includes one (1) Item from each of Sponsor’s exclusive brands including: Nestwell™, Haven™, Simply
Essential™, Our Table™, Wild Sage™, and Squared Away™.
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 receive an IRS form 1099 and will be responsible for
all taxes and fees associated with prize receipt and/or use. 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 package
per person. Total ARV of all prizes: $10,850.00.
8. Release: By receipt of any prize, winner agrees to
release and hold harmless Sponsor, Administrator, Instagram, Inc., and
their respective parent companies, 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) 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 Social 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/3y73NAF. 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 Instagram, Inc.