Harry & David and The Magnolia Mercantile

Holiday Lineup Giveaway

OFFICIAL RULES

NO PURCHASE 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.

ENTRY PERIOD. The Holiday Lineup Giveaway (hereinafter the “Sweepstakes”) begins at 12:01 AM (ET) on November 16, 2022, and ends at 11:59 PM (ET) on November 22, 2022 (the “Entry Period”).
HOW TO ENTER: You must be 18 or older at the time of entry and have or open an account on Instagram.com to participate in the Sweepstakes. Instagram accounts are free and can be opened by visiting Instagram.com.

THREE EASY STEPS:

Step 1: Check out the Sweepstakes post on the Harry & David or The Magnolia Mercantile Instagram pages (https://www.instagram.com/harryanddavid/ and/or https://www.instagram.com/the_magnolia_mercantile/).

Step 2: Review and accept the Official Rules. You must “Like” the Instagram post to acknowledge that you agree to the Official Rules, which also can be directly accessed at: https://www.harryanddavid.com/holiday-instagram-giveaway2022, and follow the site(s) used for entry, @harryanddavid and/or @the_magnolia_mercantile.

Step 3: Respond to the post and use hashtag #Sweepstakes. You may respond in a comment to the original Sweepstakes question post. You may comment more than once for additional entries, with a maximum of ten Sweepstakes entries per person per day combined across both Instagram accounts.

ADDITIONAL ENTRY TERMS. 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. The Sponsors reserve 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. The Sponsors are 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.
ENTRY CONTENT RESTRICTIONS. Entries received: a) must not disparage the Sponsors, or any other person or party 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.
SWEEPSTAKES PRIZES. One winner will be randomly selected to receive a Harry & David® Advent Calendar (Item #36250X), a Harry & David® Holiday Sweet and Savory Lantern Gift (Item #29539X) and a Harry & David® Deluxe Holiday Hot Cocoa Collection (Item #19321X) . Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsors’ sole discretion. The Sponsors reserve the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Prize winner 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. The Sponsors are responsible for prize delivery only and will not be responsible for prize utility, quality or any other aspects of any prize.
APPROXIMATE RETAIL VALUE (“ARV”) OF THE PRIZE. The ARV of the prize is USD $359.97 ($199.99 for the Advent Calendar, $99.99 for the Holiday Sweet and Savory Lantern and $59.99 for the Deluxe Holiday Hot Cocoa Collection).
SELECTION OF WINNR. Winner will be randomly selected on or about November 23, 2022, from all eligible entries received during the Entry Period. Drawings will be conducted by the Sponsors’ 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 the potential winner notified, by email. Prizes are not assignable or transferable, and no cash substitution is allowed except by the Sponsors, who reserve the right to award prizes of equal or greater value if any advertised prizes are unavailable.
NOTIFICATION OF POTENTIAL WINNER. The potential winner will be notified via the email address they used to enter approximately five (5) 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 a Sponsor’s initial notification, or if a Sponsor’s notification or the prize is returned as undeliverable for any reason, the potential winner forfeits the prize, and the Sponsors will award the prize to an alternate winner by random drawing among the remaining eligible entries. The prize winner may waive their right to receive the prize, but will not receive an alternate prize or any cash value. Prize winner 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.
WINNER’s NAME. The winner’s name will be posted for approximately for fourteen (14) days after the end of the sweepstakes at https://www.harryanddavid.com/holiday-instagram-giveaway2022.
PUBLICITY. By entering the Sweepstakes, entrants agree to receive email newsletters, updates and other promotional communications periodically from the Sponsors. Entrants can opt-out of receiving communications at any time through the unsubscribe link in the email. Except where prohibited, by accepting a prize, the winner authorize the Sponsors to publicly identify entrant as a winner and consent to the Sponsors, or anyone authorized on their 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. Each Sponsors’ use of information collected from entrants is subject to their respective privacy policies, which are located at https://www.harryanddavid.com/About-Us-Privacy-Policy.
GENERAL RULES. By entering, entrant: accepts and agrees to be bound by these Official Rules; releases the Sponsors and their respective 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 prizes; and agrees to indemnify and hold harmless the Released Parties from and against any third party claim arising from a Sponsor’s use of the entry or winner’s name, sobriquet, likeness, biographical information, photograph, video, voice, opinions and hometown and state. The Sponsors reserve 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.
LIMITATION OF LIABILITY. NEITHER HARRY AND DAVID, LLC OR REVOLUTION COOKING, LLC, NOR THEIR RESPECTIVE AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES 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 AS A RESULT OF, OR RELATED IN ANY WAY TO, THE SWEEPSTAKES OR PRIZES. IN ALL EVENTS, THE SOLE MAXIMUM LIABILITY OF THE SPONSORS AND THEIR RESPECTIVE AFFILIATES SHALL BE LIMITED TO THE ARV OF THE APPLICABLE PRIZE(S).
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.
SWEEPSTAKES SPONSOR/ADMINISTRATOR. The Sponsors and Administrators of the Sweepstakes are Harry and David, LLC, 2500 S. Pacific Highway, Medford, OR 97501 and Olivia Carney, doing business as That Charcuterie Chic, 10 Ford Avenue, #112, Morristown, NJ 07960.

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