BISSELL Gotcha Day Sweepstakes
OFFICIAL RULESNO 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.
2. Sponsor: BISSELL Homecare, Inc., 2345 Walker Ave. NW, Grand Rapids, MI 49544. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
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.
Entry Requirements: During the Promotion Period, take the following actions to receive an entry:
(a) Follow @bissellclean on Instagram; (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).
Your post need not include any reference, positive or negative, to Sponsor’s products or services. Including a reference to Sponsor’s products or services in your social post will not improve your chances of winning.
Content Restrictions for your Entry:
1. Your post must be your original work 2. 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; 3. You must have permission to include the names or likenesses of other individuals and to grant the rights set forth in Section 5. You should only include minors in your post if they are your children/wards. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor; 4. Your post must not contain material that violates or infringes another’s rights and therefore may not include logos, trademarks, or any other intellectual property other than those of the Sponsor; 5. Your post must not display unsafe situations for your pet; 6. 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; 7. Your post may not be indecent, obscene, sexually explicit, hateful, 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 8. Your post may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.
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.
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.
Entry Limit: You may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different Instagram accounts, identities, registrations and logins, 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 register 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. Each potential winner may be required to show proof of being an authorized account holder.
5. Sponsor’s Use of Social Post Content
FOR ENTRANTS: Posting an entry 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 the social post 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 social post.
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.
BISSELL Gotcha Day Sweepstakes Abbreviated Disclosures for Advertising
Abbreviated rules for online Ads – Banner
NO PURCHASE NECESSARY. Ends 12/11/22. See Official Rules at https://www.bissell.com/gotcha-day-sweeps-rules.html for all details, including mail in entry.
Abbreviated Rules for online Ads – Not a Banner (to be used on Sponsor's Instagram Post)
NO PURCH. OR PET ADOPTION NECESSARY. Open to 50 U.S., (D.C.) 18+. Ends 12/11/22. Total ARV of 300 Prizes ($165 each): $49,500. Void where prohibited. For Official Rules, including odds and mail in entry details, visit: https://bit.ly/3Dq099N Sponsor: BISSELL Homecare, Inc. This promotion is in no way sponsored, endorsed or administered by Instagram. If you enter, you are providing your information to Sponsor, not to Instagram.