My Funds Terms & Conditions
A. Benefits and Limitations
The Program provides You with the following benefits:
- You can earn value (“My Funds”) through the Program by shopping and engaging with Bed Bath & Beyond. We will notify You of various opportunities to earn My Funds.
- In the future, You may be able to upload and consolidate value into My Funds from physical gift cards, merchandise credits, or egift cards into a registered account on www.bedbathandbeyond.com. The value of such My Funds that You upload will never expire.
- MY FUNDS THAT YOU EARN (RATHER THAN UPLOAD) MAY EXPIRE BASED ON THE TERMS OF THE OFFER. Such expiration terms will be communicated with the offer and will be viewable in the account.
- You are not eligible to earn My Funds for purchasing gift cards.
- My Funds are non-transferable and unique to each customer.
- If We suspect You of selling or transferring My Funds value, We may suspend or terminate Your account and You may forfeit the acquired value.
- You can use My Funds wherever Bed Bath & Beyond gift cards are currently accepted, such as in store at Bed Bath & Beyond, buybuyBABY, Christmas Tree Shops and Harmon Face Values. You can also use My Funds online at bedbathandbeyond.com and buybuybaby.com.
- My Funds are earned on the purchase amount after all applicable discounts are applied and before tax is applied.
Program limitations include:
- My Funds are not eligible to be used at Decorist.
- The ability to use My Funds is dependent upon inventory availability.
- The Program is for individual consumers only and is not available to any company or corporate entity/enterprise.
- We reserve the right to accept or refuse Your participation in the Program at Our discretion.
- The use of Earned My Funds may be limited to certain products per offer exclusions. Such exclusions will be disclosed with the offer.
- You are not permitted to purchase products for the purpose of resale, rental, or to ship to Your customers or potential customers using these benefits.
- The use of Earned My Funds with coupons, employee discounts, preferred friends discount, corporate or institutional discounts, or other prearranged discounts may be restricted. Such restrictions will be disclosed to You if applicable.
- From time to time, Bed Bath & Beyond may choose in its sole discretion to add or remove Program benefits.
- We reserve the right to limit quantities.
- Earned My Funds may not be used to purchase alcoholic beverages where required by law. Earned My Funds may not be used to purchase alcoholic beverages in New Jersey.
- Earned My Funds may not be used to purchase gift cards.
- My Funds should be redeemed in one transaction.
- Depending on the offer, Bed Bath & Beyond associates may not be eligible to participate in the My Funds Program.
B. Additional Program Details
Enrollment and participation in the Program is voluntary, optional and not required to complete any transaction or sale. You must have a registered account on bedbathandbeyond.com and/or buybuybaby.com to view and redeem value. Program benefits will be assigned to the email address used at account sign-up. You may change the email address associated with the Program by calling Customer Service at 1-800-GO BEYOND (1-800-462-3966). This change will require processing time before it can be applied. By signing up for the Program You agree that you are opting in to receive email offers from Bed Bath & Beyond at the email address You provided at sign-up. Bed Bath & Beyond may send you email and other communications related to the Program (regardless of any settings or preferences related to your account).
C. Changes to the Terms
We may at Our discretion change these Terms or any aspect of the Program. You will be provided with notice of any material changes to the Terms and You will be given the opportunity to cancel Your participation in the Program prior to the time any material changes are effective with respect to You. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST STOP YOUR PARTICIPATION IN THE PROGRAM. Upon termination, you shall receive the value of your uploaded My Funds and your earned My Funds will expire.
D. Termination by Us
We may terminate Your participation in the Program at our discretion without notice. Upon termination, you shall receive the value of your uploaded My Funds and your earned My Funds will expire.
E. Limitation of Liability
FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, "WE" INCLUDES NOT ONLY BED BATH & BEYOND INC., BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY OUR WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES FROM STATE TO STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
F. You must be eighteen (18) years or older to be eligible to participate in the Program.
G. Governing Law and Jurisdiction
These Terms shall be governed by, interpreted and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of law rules. The parties agree that the sole venue and jurisdiction for disputes arising from these Terms shall be in an appropriate state or federal court located in the State of New Jersey. The parties hereby irrevocably submit to the jurisdiction of such courts.
H. Force Majeure
In the event that either party is unable to perform any of its obligations under these Terms as a result of natural disasters, actions or decrees of governmental bodies, communication line failures not the fault of the affected party, or any other delay or failure which arises from causes beyond a party’s reasonable control (hereafter referred to as a "Force Majeure Event"), the party whose performance has been so affected shall immediately give notice to the other party and shall do everything reasonably possible to resume performance. Upon receipt of such notice, those obligations that cannot be performed through commercially reasonable diligence shall be suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may by giving written notice terminate these Terms.