Bed Bath & Beyond®
H for Happy™ 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® H for Happy™
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, 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 November 18, 2021 at 12:01 p.m. Eastern Time
("ET") and ends on November 24, 2021 at 11:59 p.m. ET (the
"Promotion Period"). Facebook and Instagram's servers are
the official time-keeping devices for the Sweepstakes.
4.
How to Enter:
Instagram Participation
Requirements: To participate,
you will need to have an Instagram and/or Facebook account). Creating
an Instagram or Facebook account is free but is subject to the applicable Instagram
Terms and Conditions or Facebook 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.
How
to enter on Instagram:
During the Sweepstakes Period, take the following actions to receive an entry.
(a) Locate
the @bedbathandbeyond Instagram post
advertising this Sweepstakes (a “Sweepstakes Post”).
(b)
Post an original comment on the Sweepstakes Post (“Comment”) that responds to
the question posed and includes “at mentioning” one (1) person
(using their Instagram handle) with whom you have a personal relationship.
(c) You
must maintain your Instagram handle once you enter and until the prizes are
awarded (as described in Section 6).
You will receive one (1) Sweepstakes Entry if
you complete these requirements and follow Content Requirements listed below.
How to enter on Facebook: During the Sweepstakes Period, take the
following actions to receive an entry.
(a) Locate the Bed
Bath & Beyond® Facebook post advertising this Sweepstakes (a “Sweepstakes
Post”)
(b) Post an original and relevant comment on the Sweepstakes Post
(“Comment”) that responds to the question posed.
(c) You must maintain your Facebook handle once you enter and
until the prizes are awarded (as described in Section 6).
You will receive one (1) Sweepstakes Entry if
you complete these requirements and follow Content Requirements listed below.
Content Requirements for Entry:
· Your Comment must be
your original work; your comment must not copy or plagiarize from any
source.
· You must have permission
from the friend who you “@mention” in your Instagram 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
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 promotes
discrimination based on race, gender, religion, nationality, disability, sexual
orientation, or age.
Sponsor reserves the right to disqualify any Comment on Facebook
or Instagram that it finds unlawful, or in violation of these Official Rules,
all in its sole discretion.
Entry Limit: You
can earn a maximum of two (2) entries during the Promotion Period, with a limit
of one (1) entry on Facebook and one (1) entry on Instagram. Multiple
entrants are not permitted to share the same Instagram or Facebook
account. Any attempt by any entrant to obtain more than
the stated number of entries by using multiple/different Instagram or 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
Instagram or 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 Instagram
or 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 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 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 November 29, 2021. Each potential winner will be notified by
@bedbathandbeyond through the social account associated
with the winning entry.
Notification on Instagram: For a
potential winner who had entered on Instagram, Sponsor will notify the potential
winner by private message with prize claim instructions.
Notification on Facebook: For a
potential winner who had entered on Facebook, Sponsor will notify the potential
winner by private message with prize claim instructions. It may be
necessary to first notify a potential winner as a reply to their winning
comment, asking them to send a private message to @BedBathandBeyond within one (1)
day to enable @BedBathandBeyond to send a private message with prize claim
instructions.
All 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 two (2) 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 two (2) 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. Prizes: TWENTY (20) GRAND PRIZES: Each winner will receive
two (2) Bed Bath & Beyond® H for Happy™ gift
boxes, each box including an assortment of seasonal merchandise (all details of
the content included will be determined by Sponsor). Winner will have the
option on the Declaration to designate a person of their choice (“recipient”) to
receive one of the gift boxes and provide shipping information. Recipient shipping
address must be within the 50 U.S./D.C. The Approximate Retail Value (“ARV”) of
each box is $110. The ARV of two (2) boxes
is $220. 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 2-6 weeks after winner confirmation is
complete. Limit: One (1) prize per person. Total ARV of all prizes:
$4,400.
8. Release: By receipt of any prize, each winner and their designated recipient 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 each 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 or 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 (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, please visit https://bit.ly/3wcaGjV. 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. or Facebook, Inc