NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Harry & David® Skinnytaste® Giveaway (the “Sweepstakes”) is open only to legal residents of the 50 United States and Washington, D.C. who are at least 18 years old at time of entry. Employees of Harry and David, LLC (“Sponsor”), its parent and their respective affiliate companies and their immediate family (spouse, parents, siblings and children) and household members are not eligible. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Entrants must comply with all terms and conditions of these Official Rules and winning and eligibility are contingent upon compliance.
2. Sweepstakes Duration: The Sweepstakes begins at 12:01 a.m. Pacific Time (“PT”) on October 3, 2016 and ends at 11:59 p.m. PT on October 31, 2016 (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
3. Winner List: The winner list will be posted after winners are identified, and can be found at: https://www.harryanddavid.com/h/view/skinnytaste. A winner list is also available by sending a self-addressed, stamped envelope to Harry and David, LLC at 2500 South Pacific Highway, Medford, OR 97501. The winner list will be available for 30 days after the Sweepstakes ends.
4. How to Enter:
During the Sweepstakes Period, you can enter the Sweepstakes via https://www.harryanddavid.com/h/view/skinnytaste. A valid entry requires a working email address and mailing address for delivery of prizes.
There is a limit of one entry per person, per day, during the Sweepstakes Period. Regardless of the Method of entry, each entrant must have his or her own email address. Multiple entrants may not share the same email address. Using multiple email addresses, social media accounts, identities, registrations, logins or any other method to attempt to enter the Sweepstakes more than the allowed number of times will void all of a person's entries and may disqualify that person from participation in the Sweepstakes. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. If there is a dispute as to any entry submitted via email, the authorized account holder of the email address used to enter will be deemed to be the entrant. The authorized account holder for an email address is the natural person assigned an email address by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All entries submitted become the sole property of Sponsor and will not be returned.
5. Selection of Potential Winners: Upon completion and submission of the sweepstakes entry form, your name will be entered into a drawing. On November 8, 2016; 5 winners will be randomly selected among valid entries.
6. All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE sweepstakes. An entrant is not a winner of any prize, even if the sweepstakes SHOULD so indicate, unless and until the entrant’s eligibility and compliance with theSE official rules have been verified and entrant has been notified that verification is complete. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY OCCURRING AFTER THE sweepstakes SYSTEM HAS BEEN COMPROMISED OR FAILED FOR ANY REASON IS DEEMED A DEFECTIVE ENTRY, IS VOID AND WILL NOT BE HONORED.
7. Notification and Verification of Potential Winners: Each potential Sweepstakes winner who entered using the entry form will be notified by email to the email address provided on the form. If a potential winner of any prize cannot be contacted within 10 days of Sponsor’s notification, or a prize is returned as undeliverable, the potential winner forfeits the prize. If a potential winner of a prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Prizes will be fulfilled approximately 30 business days after the conclusion of the Sweepstakes.
8. Sweepstakes Prizes and Odds of Winning: Under the Sweepstakes, there will be 5 winners. Each winner will receive (i) a 12-Month Medley Fruit of the Month Club® Collection from Harry & David – Item #23702x (approximate retail value $349.99); (ii) a Two Hundred Fifty Dollar Harry & David gift card (approximate retail value $250.00); (iii) 2 boxes of The Favorite® Royal Riviera® Pears – Item #2x (approximate retail value $49.99); and 2 Skinnytaste books and a planner by Gina Homolka (approximate retail value $76.99). All entrants will receive a recipe from Skinnytaste created for this Sweepstakes. Gifts include shipping and processing, which is not reflected in the retail values listed above. Winners will receive their prizes by mail, shipped by standard ground delivery to a delivery address provided by the entrant.
A winner may waive his/her right to receive a prize, but will not receive any alternate prize or cash value. Prizes are not assignable or transferable. Sponsor reserves the right to substitute a prize of equal or greater value. Winners are responsible for reporting and payment of any taxes on prizes.
TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES: $3,634.85 (plus shipping & processing).
Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
9. Release: By entering the Sweepstakes, you release and hold harmless Sponsor, its parent company and their respective subsidiaries, affiliates, suppliers, distributors, advertising/sweepstakes agencies and each 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, arising out of participation in the Sweepstakes, including the receipt, use or misuse of any prize.
10. Publicity: Except where prohibited, by accepting a prize, you authorize Sponsor to publicly identify you as a winner. Acceptance of any prize constitutes winner’s consent to Sponsor’s and its agents’ use and publication of his or her name, likeness, biographical information, photograph, voice, opinions and hometown and state in any media for any commercial or promotional purpose, including without limitation for advertisements, promotional materials, publications, Web sites, and/or any other media, now or hereafter known, in perpetuity without further consideration or review by the winner.
11. General Conditions: Sponsor reserves the right to cancel, suspend, amend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failure or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of impairment. 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 these Rules or any other Sweepstakes 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. If such an attempt is made, Sponsor may seek damages from 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, or any other, provision.
12. Limitations of Liability: THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS, WEBSITE ERRORS, OR ERRORS IN EQUIPMENT OR PROGRAMMING USED IN ASSOCIATION WITH THE SWEEPSTAKES; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS OF WEBSITES, INTERNET ACCESS, OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN THE ENTRY PROCESS OR ANY PART OF THE SWEEPSTAKES; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; OR (5) 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 ENTRY IS CONFIRMED TO HAVE BEEN ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR CORRUPTED, ENTRANT’S SOLE AND EXCLUSIVE REMEDY IS ANOTHER ENTRY IN THE SWEEPSTAKES. IF IT IS IMPOSSIBLE TO AWARD ANOTHER ENTRY DUE TO DISCONTINUANCE OF THE SWEEPSTAKES, OR ANY PART OF IT, FOR ANY REASON, SPONSOR, AT ITS DISCRETION, MAY HOLD A RANDOM DRAWING FROM AMONG ALL ELIGIBLE ENTRIES RECEIVED UP TO THE DATE OF DISCONTINUANCE FOR ANY OR ALL OF THE PRIZES OFFERED.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts of the State of Oregon, or the United States District Court for the District of Oregon, located in Jackson County, Oregon; AND (2) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO ENTRANT OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Oregon.
By entering the Sweepstakes, entrants agree to receive email newsletters, updates, and/or other promotional communications periodically from Sponsor. Entrants can opt-out of receiving communications at any time by clicking the unsubscribe link in the email newsletter.
15. Sponsor/Administrator: Harry and David, 2500 South Pacific Highway, Medford, OR 97501.
If you have any questions regarding this Sweepstakes, please contact firstname.lastname@example.org.