Bagster Give the Gift of Gone Sweepstakes ("Sweepstakes")

Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES AND CANADA (EXCLUDING QUEBEC). DO NOT ENTER IF YOU ARE NOT LOCATED IN THE UNITED STATES OR CANADA AT THE TIME OF ENTRY. VOID IN QUEBEC AND WHERE PROHIBITED.

  1. ELIGIBILITY: Open to legal residents of the 50 United States, the District of Columbia and Canada (excluding Quebec) who are 21 years of age or older. Employees, directors and officers of WM Bagco, LLC ("Sponsor"), and its parent, subsidiary and affiliated companies, distributors, and web design, advertising, fulfillment, and Sweepstakes agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, "Sweepstakes Parties"), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such individual (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes) are not eligible to enter or win a prize. Void in Quebec and where prohibited.

  2. SWEEPSTAKES PERIOD: Sweepstakes begins September 20, 2019 at 12:00:01 a.m. Eastern Time ("ET") and ends on November 14, 2019 at 11:59:59 p.m. ET (the "Sweepstakes Period"). The Website server (see next rule for definition) is the official clock for this Sweepstakes.

  3. TO ENTER: During the Sweepstakes Period, visit bagstersweeps.com (the "Website"), and complete and submit the online entry form to receive one (1) entry into the Sweepstakes. You will be required to provide your first and last name, ZIP/postal code, date of birth, and email address. Limit one (1) entry per person/email address per day throughout the Sweepstakes Period.

    For purposes of this Sweepstakes, a "day" is a calendar day measured by ET. Entrants must fully complete and submit all required information requested on the online entry form to be eligible. Incomplete and inaccurate entries are void. In the event of a dispute regarding the identity of the entrant, the natural person associated with the email account used for entry will be considered the entrant. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple entrants. Any participant who attempts to enter with multiple email addresses or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, at Sponsor's sole discretion. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.

  4. RANDOM DRAWING/ODDS: One (1) Grand Prize winner, fifteen (15) First Prize winners, and twenty-five (25) Second Prize winners will be selected in a random drawing on or about November 20, 2019 at approximately 1:00 p.m. in Oak Park, Illinois, from among all eligible entries received by an independent judging organization, whose decisions shall be final and binding on all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.

  5. PRIZES AND APPROXIMATE RETAIL VALUE ("ARV"):

    One (1) Grand Prize: one (1) Bagster bag and collection service for that one (1) bag (Collection service can be scheduled online at thebagster.com with Sponsor provided promotional code and must be scheduled between December 1, 2019 and June 30, 2020) and a professional home cleaning service team for up to four hours (Cleaning service will be provided by the Sponsor and must be scheduled between December 1, 2019 and June 30, 2020) for a friend or family member; and one (1) $100 Visa® pre-paid gift card for the winner. Total approximate retail value ("ARV"): $1,958.95 USD/$2,601.07 CAD (as of August 27, 2019).

    Fifteen (15) First Prizes: one (1) $100 USD/$133.00 CAD Visa® pre-paid gift card for the winner; and one (1) Bagster bag and collection service for a friend or family member (Collection service can be scheduled online at thebagster.com with Sponsor provided promotional code and must be scheduled between December 1, 2019 and June 30, 2020). ARV: $458.95 USD/$609.39 CAD each (as of August 27, 2019).

    Twenty-five (25) Second Prizes: one (1) $50.00 USD/$66.00 CAD (as of August 27, 2019) Visa® pre-paid gift card.

    Total ARV of all Prizes: $10,093.20 USD/$13,401.65 CAD (as of August 27, 2019)

    The Visa prepaid gift cards are subject to the restrictions, terms, and conditions set by Visa. Visa and the Visa logo are registered trademarks of Visa U.S.A. Inc. Visa U.S.A. Inc. is not a Sponsor of or affiliated with this Sweepstakes.

  6. PRIZE RESTRICTIONS: Limit one (1) prize per person/email address. Winners are solely responsible for any taxes on the prize. Prizes are non-transferable, except to the designated friend or family member, and no prize substitution permitted, except at the sole discretion of the Sponsor. If a prize (or any portion thereof) cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or equal value. Sponsor does not make, nor in any manner is responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prizes including but not limited to their quality, fitness for purpose, or condition. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.

  7. WINNER NOTIFICATION/PRIZE CLAIM: Winners are subject to verification, including verification of age. The potential First and Second Prize winners will be contacted on or about November 21, 2019 via email and will be required to respond within five (5) business days with the prize claim information requested (including, for a Canadian resident, successful completion of the skill-testing question as described below). If a winner does not respond to a notification within five (5) business days of first notification attempt, prize may be forfeited, and an alternate potential winner may be contacted.

    Grand Prize Winner Notification: Each potential winner will be contacted on or about November 21, 2019 via the email address/phone number collected at the time of entry and may be required to respond via email/phone within two (2) business days of the attempted notification to claim his/her prize. Upon receipt of the potential winner's return email/phone call (and, for a Canadian resident, successful completion of the skill-testing question as described below), the potential winner will be sent, via email, a Declaration/Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, to be completed, signed, and returned to Sponsor within five (5) business days or prize may be forfeited. If any potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential winner may be disqualified, and prize may be awarded to an alternate winner.

    Prizes (gift cards and Bagster bags) will be shipped to the address provided during verification within 4-6 weeks. Canadian residents who are winners will have their prizes provided by a Canadian entity of the Sponsor. Sponsor is not responsible for any change of mailing address, email address and/or telephone number of entrants. If a prize notification is unclaimed or returned as undeliverable, if notification email is not timely received for any reason including because of spam filters; if any prize correspondence is not returned within the required time period, or if a potential winner is found not to be eligible or in non-compliance with these Official Rules, the prize will be forfeited, and an alternate winner may be contacted.

    Skill-Testing Question: If a potential winner of any prize is a Canadian resident, the selected winner will be notified via the email address used to register and must, unaided, correctly answer a time-limited mathematical skill-testing question within two (2) business days. In the event that the selected winner does not send a return email within two (2) business days or is unable to correctly answer the skill-testing question, he/she shall be disqualified (and shall forfeit any and all rights to the applicable prize), and the Sponsor shall have the right to randomly draw or select (as applicable) another eligible winner, and the Sponsor shall be fully and completely released and discharged from any liability in this regard.

    Taxes: Any prize winner who is a U.S. taxpayer is responsible for all applicable income taxes arising from acceptance of any prize. In addition, any Grand Prize winner who is a U.S. resident will receive an IRS 1099 Miscellaneous Income Tax Form in January of the year following receipt of their prize showing the prize value (as stated in these Official Rules) as additional income for the year in which they receive the Grand Prize. As a condition of being eligible for a prize, the potential Grand Prize winner will be required to complete a tax form and furnish his/her social security/social insurance number for the sole purpose of preparation of any tax forms as required by U.S. federal tax laws.

  8. DATA & GENERAL CONDITIONS: Information submitted in connection with this Sweepstakes is governed by Sponsor's Privacy Policy (available at http://www.thebagster.com/global/privacy.aspx). Notwithstanding the foregoing, for residents of Canada, any personal information you submit in connection with the Sweepstakes will be collected, used and disclosed only for the purposes of administering the Sweepstakes, prize fulfillment, as you otherwise expressly consent, or as required by law.

    INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION.

    If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. If, in Sponsor's sole discretion, any portion of the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes without notice and, if terminated, at its sole discretion, select winner(s) from among all non-suspect, eligible entries received prior to cancellation for the Sweepstakes or as otherwise deemed fair and appropriate by Sponsor. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, Registrant's sole remedy shall be a replacement entry into the Sweepstakes.

  9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties resulting from user's participation in, attempt to participate in the Sweepstakes, or download of any information in connection with participating in the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Sweepstakes Parties for technical problems or technical malfunction arising in connection with any of the following occurrences, without limitation, that may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of prize or these Official Rules, or any inaccurate or incorrect data contained on the Website. Use of Website is at user's own risk. Sponsor and the Sweepstakes Parties are not responsible for any personal injury or property damage or losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Sweepstakes, use of the Website or the download of any information from the Website. As a condition of entering, entrants agree to release and hold Sponsor and the Sweepstakes Parties harmless from any and all liability, loss, or damage incurred with respect to entrant's participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith.

  10. PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winner grants permission for Sponsor and those acting under its authority to use their name and address (city and state/province), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Website) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner's list

  11. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the WM Bagco, LLC 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 Texas 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, WM Bagco, LLC 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 WM Bagco, LLC 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 A WM BAGCO, LLC 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 ANY) 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. FOR RESIDENTS OF NEW JERSEY, NOTHING HEREIN RESTRICTS RECOVERY OF DAMAGES OR ATTORNEYS' FEES WHERE MANDATED BY STATUTE.

  12. GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the state of Texas, U.S.A., as applicable, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the state courts of Houston, Texas.

  13. WINNERS LIST: For winner information, available starting approximately one week after the Sweepstakes Period, visit the Website and look for the results of this Sweepstakes, which will be available for approximately 30 days after posting

  14. SPONSOR: WM Bagco, LLC, 10050 Naples St NE, Blaine, MN 55449.

  15. ADMINISTRATOR: Geometry Global, 350 N. Orleans, Suite 1212, Chicago, IL 60654.