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HARRY & DAVID’S
MOOSE MUNCH CLUB® SWEEPSTAKES

OFFICIAL RULES

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. Harry & David's Moose Munch Club Sweepstakes. (hereinafter the “Sweepstakes”) begins at 12:01 AM EDT on June 5, 2018 and ends at 11:59 PM EST on June 30, 2019 (the “Entry Period”).
  2. HOW TO ENTER. To enter, visit https://www.harryanddavid.com/moosemunch-instagram-sweeps during the Entry Period, enter your full legal name and a working email address and agree to comply with these Official Rules. There is a limit of one (1) entry per person per month with a maximum of twelve (12) total entries per person possible during the Entry Period. You must be 18 years of age 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 Harry and David, LLC (“Sponsor”) its subsidiaries, divisions, affiliates and related companies, advertising and promotion agencies, and their immediate families are ineligible.
  3. ADDITIONAL ENTRY TERMS AND CONDITIONS. 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. “Authorized account holder” is defined as the natural person who is 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 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. 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. SWEEPSTAKES PRIZES. There will be one (1) winner selected each month from entries receive from June 2018 through May 2019 for a total of eleven (11) winners. Each winner will receive a three (3)-month subscription to Harry & David’s Moose Munch® Premium Popcorn Club, with shipments beginning the month following the date notification is given to the monthly winner. 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. The 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. Sponsor is responsible for prize delivery only and will not be responsible for prize utility, quality or any other aspects of any prize.
  5. APPROXIMATE RETAIL VALUES (“ARV”) OF PRIZES. The ARV of each monthly prize is USD $49.99. The total ARV of all prizes is USD $549.89.
  6. WINNER SELECTION. A monthly winner will be randomly selected within ten (10) days of the end of each calendar month during the Entry Period from all eligible entries received during that particular month. For example, at the end of June 2018 a winner will be selected from all eligible entries received during June 2018 and at the end of July 2018 another winner will be selected from all eligible entries received during July 2018. Non-winning entries will not be rolled over into subsequent months. Drawings will be conducted by the 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 applicable calendar month. Prizes will be awarded and potential winners notified by email. Prizes are nontransferable and no cash substitution is allowed except by Sponsor, who reserves the right to award prizes of equal or greater value if any advertised prizes are unavailable. 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 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.
  7. NOTIFICATION OF POTENTIAL WINNERS. Potential winners who validly entered will be notified via the email address they used to enter. If a potential winner of any prize is disqualified for any reason or does not respond within ten (10) calendar days of 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 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. Prizes are not assignable or transferable and are not redeemable for cash. Prize winners may be required to execute and return an affidavit of eligibility and liability/publicity release (where legal) within five (5) days of Sponsor’s first notification attempt or prize will be forfeited and an alternate winner selected.
  8. WINNERS LIST. The names of monthly winners will be posted at https://www.harryanddavid.com/moose-munch-club-sweepstakes/ for approximately two (2) weeks after each monthly drawing.
  9. 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 its 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.
  10. 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 prizes; and agrees to indemnify and hold harmless Sponsor from and against any third party claim arising from Sponsor’s use of the entry. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes if it is not capable of completion as planned, including, without limitation, for 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.
  11. SWEEPSTAKES SPONSOR AND ADMINISTRATOR. The Sponsor and Administrator of the Sweepstakes is Harry and David, LLC, 2500 S. Pacific Highway, Medford, OR 97501.
  12. 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. IN ALL EVENTS, THE SOLE MAXIMUM LIABILITY OF SPONSOR AND ITS AFFILIATES SHALL BE LIMITED TO THE ARV OF THE PRIZE(S) SET FORTH HEREIN.
  13. GOVERNING LAW & VENUE. THE LAWS OF THE STATE OF OREGON SHALL GOVERN ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE STATE AND FEDERAL COURTS WITHIN JACKSON COUNTY, OREGON SHALL HAVE SOLE JURISDICTION OF THE SAME. EACH ENTRANT WAIVES ANY OBJECTIONS TO SUCH JURISDICTION AND HEREBY IRREVOCABLY SUBMITS TO THE VENUE OF THOSE COURTS.

Moose Munch® is a registered trademark of Harry and David, LLC
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