Harry & David’s

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT 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 AGE OF MAJORITY IN THEIR STATE OF RESIDENCE) OR OLDER AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED BY LAW. WINNER WILL BE RANDOMLY SELECTED.

1. ENTRY PERIOD: Harry & David’s 90TH Anniversary Giveaway (hereinafter, the “Sweepstakes”) begins at 12:01 AM (Pacific Time) on October 15, 2024 and ends at 11:59 PM (Pacific Time) on October 22, 2024 (the “Entry Period”).

2. HOW TO ENTER: To participate in the Sweepstakes, you must have or open an account on Facebook or Instagram, which are free and can be opened by visiting www.facebook.com or www.instagram.com, and a text messaging two-way capable phone and digital SMS service.

   THREE EASY STEPS

   Step 1: Check out the Harry & David Facebook and Instagram pages. During the Entry Period, Harry & David will post Sweepstakes questions on its Facebook and Instagram pages located at https://www.facebook.com/harryanddavid/ and https://www.instagram.com/harryanddavid/.

   Step 2: Review and accept the Official Rules. A link to the Official Rules is located in the caption on Facebook and at the link in bio on Instagram. You must “Like” the Instagram or Facebook post to acknowledge that you agree to the Official Rules, which also can be accessed at https://www.harryanddavid.com/90thanniversary-giveway-rules.

   Step 3: Follow the prompts to enter by Short Message Service (SMS) text. You may enter by sending the keyword “PEARS” as a SMS text to the short code “76986”. You may only text once for an entry during the Entry Period.

3. ADDITIONAL ENTRY TERMS & CONDITIONS: Use of computer programs and/or other automated devices to enter the Sweepstakes are prohibited. Text messaging may not be available in all areas. Normal access, usage and data charges imposed by your service provider may apply to each text message sent and received. Entrants will receive a confirmation SMS text message on their cell phone. By entering the Sweepstakes you consent to receive automated promotional marketing text messages at the cell number used to enter the Sweepstakes. Consent is not a condition of entry (Reply “HELP” for help and “STOP” to cancel automated messages). By entering you understand that (i) Sponsor has the exclusive right to use your entry and excerpts of your entry (including photos and digital images) in any advertising and promotional materials in any form or format (e.g. visual, sound, print and electronic), including, but not limited to, posting entries or portions thereof on its website, blogs, social media accounts/pages, advertising, etc.; (ii) you have acquired all permissions necessary and grant any and all necessary rights and licenses to use your entry as provided herein, including without limitation, all necessary copyright, privacy, publicity and other related rights to the entry, free and clear of all claims and encumbrances without violating the rights of any person or entity; (iii) you hereby hold the Sponsor harmless from and against any third party claims arising from use of the entry; and (iv) you waive any right to inspect or approve uses of the entry or to be compensated for such uses. All entries become the exclusive property of the Sponsor, and will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by the Sponsor. Sponsor’s use of information collected from entrants is subject to its Privacy Policy located at https://www.harryanddavid.com/About-Us-Privacy-Policy.

4. The Approximate Retail Value (“ARV”): (“ARV”): Ten winners (five from Facebook, five from Instagram) will each receive a Harry & David® 90th Anniversary Gift Box. Winners must agree to all Sweepstakes terms and conditions in order to redeem their prize. Prizes are nontransferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all federal, state and local taxes and costs associated with receipt and use of the prize they receive. The Approximate Retail Value (ARV) of each Harry & David® 90th Anniversary Gift Box is USD $299.99. The ARV of all prizes is USD $2,999.90.

5. WINNER SELECTION: Winners will be selected on or about October 23, 2024 from among all eligible entries received during the Entry Period by a random drawing conducted by Sponsor’s representative, whose decisions are final on all matters relating to this 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 SMS text message.

   If a potential winner of any prize is disqualified for any reason or does not respond within forty-eight (48) hours of the Sponsor’s notification, or if Sponsor’s notification or the prize is returned as undeliverable for any reason, the potential winner forfeits the prize, and the Sponsor will award the prize to an alternate winner by random drawing from among the remaining eligible entries. Prizes are nontransferable and no cash substitution is allowed except by Sponsor. There is a limit of one prize per entrant.

6. GENERAL RULES: The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age (or age of majority in their state of residence) or older as of date of entry and have or open an account on Facebook or Instagram. All federal, state and local laws and regulations apply. Employees (and their families) of Harry and David, LLC and its subsidiaries, divisions, affiliates and other related companies, and its and their advertising and promotion agencies (and their immediate families) are ineligible. Prize winners may be required to execute and return an affidavit of eligibility and liability/publicity release (where legal) within five (5) days of notification attempt or the prize will be forfeited and an alternate winner selected. Prize acceptance constitutes permission to use the winner’s names, likenesses, images, photos and biographical information for promotional purposes without further compensation, except where prohibited by law. By entering, each entrant accepts and agrees to be bound by these Official Rules and releases the Sponsor, and its subsidiaries, affiliates, directors, officers, employees, agents and all others associated with the development and execution of the Sweepstakes, including, without limitation, Facebook and Instagram, from any and all liability for damages, losses or injury resulting from participation in the Sweepstakes or acceptance or use of the prizes. Entries will be declared to be made by the authorized account holder (the natural person who is assigned to the Facebook or Instagram account associated with the submitted entry). Entries are subject to verification of eligibility and will be 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 the entry process or 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 person or entity. Sponsor is not responsible for lost, late, incomplete, misdirected or damaged entries due to an internet services provider’s service, 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 or any equipment or programming associated with or utilized in the Sweepstakes that may limit the ability to participate, or by any human error that may occur in the administration of the Sweepstakes or the processing of entries. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes if it is not capable of completion as planned, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention or technical failures or corruption of any sort, and award prizes to eligible entries received prior to cancellation. The Sweepstakes is void where prohibited or restricted by law.

7. WINNERS LIST: Visit https://www.facebook.com/harryanddavid/ or https://www.instagram.com/harryanddavid/ from October 23, 2024 through November 5, 2024 for the winners’ names.

8. SPONSOR/ADMINSITRATOR: OF LIABILITY: The Sponsor and Administrator of this Sweepstakes is Harry and David, LLC, 2500 S. Pacific Highway, Medford, Oregon 97501. The Sweepstakes is in no way sponsored, administered or endorsed by, or associated with, Facebook or Instagram.

9. LIMITATION OF LIABILITY: NEITHER HARRY AND DAVID, LLC, NOR ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, AGENTS OR ADVERTISING AND PROMOTION AGENCIES, SHALL HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY OR GOODWILL. IN ALL EVENTS, THE SOLE MAXIMUM LIABILITY OF THE SPONSOR AND ITS SUBSIDIARIES AND AFFILIATES SHALL BE LIMITED TO THE ARV OF THE PRIZES SET FORTH IN THESE OFFICIAL RULES. BY ENTERING, ENTRANTS RELEASE FACEBOOK AND INSTAGRAM FROM ANY AND ALL LIABILITY WITH REGARDS TO THE SWEEPSTAKES.

10. GOVERNING LAW AND VENUE: The laws of the State of Oregon, excluding its conflict of law rules, shall govern the Sweepstakes. The state and federal courts located in Jackson County, Oregon shall have sole jurisdiction of any controversy concerning the Sweepstakes, and each entrant hereby waives all objections to such jurisdiction and irrevocably submits to the venue of those courts.

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

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