HARRY & DAVID

Season of Sharing Sweepstakes 2023

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED BY LAW. WINNERS WILL BE RANDOMLY SELECTED.

1. ENTRY PERIOD. The Harry & David® Season of Sharing Sweepstakes (hereinafter the “Sweepstakes”) begins at 12:01 AM EDT on December 5, 2023 and ends at 11:59 PM EST on December 17, 2023 (the “Entry Period”).

2. HOW TO ENTER. To enter: a) visit https://www.harryanddavid.com/sweepstakes during the Entry Period, b) answer our Holiday Sweepstakes questions and enter your full legal name and a working email address (responding to the Holiday Sweepstakes questions is not required to enter or win), and c) agree to comply with these Official Rules which also can be found at https://www.harryanddavid.com/sweepstakes-rules.

3. ADDITIONAL ENTRY TERMS. . There is a limit of one (1) entry per person during the Entry Period. You must be 18 years of age (or age of majority in their state of residence) or older at the time of entry and a legal resident of one of the 50 United States or the District of Columbia. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor. Employees and families of Sponsor, its subsidiaries, divisions, affiliates and related companies, advertising and promotion agencies, and their immediate families, are ineligible. Use of computer programs or other automated devices to enter the Sweepstakes are prohibited. Normal Internet access and usage charges imposed by your on-line service provider will apply. Entries will be declared to be made by the authorized account holder, who is the natural person assigned to the account associated with the entry. Entries are subject to verification of eligibility and will be declared invalid if incomplete, falsified, altered or tampered with in any way. Sponsor reserves the right in its sole discretion to disqualify any person that tampers or attempts to tamper with an entry, the entry process or the operation of the Sweepstakes or Sweepstakes website, violates the Official Rules or acts in an unsportsmanlike, obscene or disruptive manner or with intent to annoy, abuse, threaten or harass any other person or entity. Sponsor is not responsible for lost, late, incomplete, misdirected or damaged entries due to internet services provider services, weather, technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any equipment or programming associated with or utilized in the Sweepstakes that may limit the ability to participate or by any human error in the processing of entries.

4. ENTRY CONTENT RESTRICTIONS. Entries received: a) must not disparage Sponsor, or any other person or entity affiliated with the Sweepstakes, b) must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, libelous or that promotes bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age and c) must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the entry is submitted.

5. SWEEPSTAKES PRIZES. One Grand Prize winner will receive a $500 Harry & David® Gift Card. Five runner-up winners will each receive a Harry & David® Deluxe Christmas Gift Basket (Gift 27261X). Prizes are non-transferable, and no substitution will be made except as provided herein at 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. Prize winners will be solely responsible for all federal, state and local taxes and for any other fees or costs associated with receipt or use of the prize they receive. Sponsor is responsible for prize delivery only and will not be responsible for prize utility, quality or any other aspects of any prize.

6. APPROXIMATE RETAIL VALUE (“ARV”) OF PRIZES (in USD). The ARV of the Grand Prize is $500.00. The ARV of each runner-up prize is $109.99. The total ARV of all prizes is $1,049.95.

7. WINNERS SELECTION. Winners will be randomly selected on or about December 18, 2023 from all eligible entries received during the Entry Period. Drawings will be conducted by Sponsor’s representative, whose decisions are final on all matters relating to the Sweepstakes. Odds of winning are dependent upon the number of eligible entries received during the Entry Period. Prizes will be awarded, and potential winners notified, by email. Prizes are not assignable or transferable, and no cash substitution is allowed except by Sponsor, who reserves the right to award a prize of equal or greater value if any advertised prize is unavailable.

8. NOTIFICATION OF POTENTIAL WINNERS. Potential winners who validly entered will be notified via the email address they used to enter approximately five days after their selection. If a potential winner of any prize is disqualified for any reason or does not respond within five calendar days of Sponsor’s initial notification, or if Sponsor’s notification or the prize is returned as undeliverable for any reason, the potential winner forfeits the prize and Sponsor will award the prize to an alternate winner by random drawing among the remaining eligible entries. Winners may waive their right to receive the prize, but will not receive an alternate prize or any cash value. Prize winners may be required to execute and return, within five days, an affidavit of eligibility and liability/publicity release (where legal) or the prize will be forfeited and an alternate winner selected. The return of any prize or prize notification as undeliverable may result in disqualification and selection of an alternate winner.

9. WINNERS LIST. After the end of the sweepstakes, the winners’ names will be posted at https://www.harryanddavid.com/sweepstakes from December 18, 2023 until December 31, 2023 to see the winners’ names.

10. PUBLICITY. By entering the Sweepstakes, entrants agree to receive email newsletters, updates and other promotional communications periodically from Sponsor. Entrants can opt-out of receiving communications at any time through the unsubscribe link in the email. Except where prohibited, by accepting a prize, winners authorize Sponsor to publicly identify entrant as a winner and consent to Sponsor, or anyone authorized on Sponsor’s behalf, to use and publish the winner’s name, sobriquet, likeness, biographical information, photograph, video, voice, opinions and hometown and state in any media for any commercial or promotional purpose, including, without limitation, advertisements, promotional materials, publications, Web sites, social media and any other media now or hereafter known, in perpetuity, without further consideration or review, and waive any right to inspect, approve or condition, or to be compensated for, such uses. Sponsor’s use of information collected from entrants is subject to the Privacy Policy located at https://www.harryanddavid.com/About-Us-Privacy-Policy.

11. GENERAL RULES. By entering, entrant: accepts and agrees to be bound by these Official Rules; releases Sponsor and its subsidiaries, affiliates, directors, officers, employees, agents and all others associated with the development and administration of the Sweepstakes (collectively, the “Released Parties”) from all liability for damages, losses or injury resulting from entrant’s participation in the Sweepstakes or acceptance or use of the prizes; and agrees to indemnify and hold harmless the Released Parties from and against any third party claim arising from Sponsor’s use of the entry or winner’s name, sobriquet, likeness, biographical information, photograph, video, voice, opinions and hometown and state. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes if it is not capable of administration or completion as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention or technical failures or corruption of any sort, and award prizes from eligible entries received prior to cancellation. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and void where prohibited.

12. SWEEPSTAKES SPONSOR/ADMINISTRATOR. The Sponsor and Administrator of the Sweepstakes is Harry and David, LLC, 2500 South Pacific Highway, Medford, OR 97501.

13. LIMITATION OF LIABILITY. NEITHER HARRY AND DAVID, LLC, ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES OR AFFILIATED COMPANIES, OR THEIR ADVERTISING AND PROMOTION AGENCIES, SHALL HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY OR GOODWILL AS A RESULT OF, OR RELATED IN ANY WAY TO, THE SWEEPSTAKES OR PRIZES. IN ALL EVENTS, THE SOLE MAXIMUM LIABILITY OF SPONSOR AND ITS AFFILIATES SHALL BE LIMITED TO THE ARV OF THE APPLICABLE PRIZE(S).

14. GOVERNING LAW & VENUE. THE LAWS OF THE STATE OF OREGON SHALL GOVERN ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE STATE AND FEDERAL COURTS LOCATED WITHIN JACKSON COUNTY, OREGON SHALL HAVE EXCLUSIVE JURISDICTION OF THE SAME. EACH ENTRANT WAIVES ANY OBJECTIONS TO SUCH JURISDICTION AND HEREBY IRREVOCABLY SUBMITS TO THE VENUE OF THOSE COURTS.

Harry & David is a registered trademark and an assumed business name of Harry and David, LLC

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