Harry & David’s

OREGOLD® PEACHES SWEEPSTAKES

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. 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 AND HAVE OR OPEN AN ACCOUNT ON FACEBOOK.COM. VOID WHERE PROHIBITED BY LAW. WINNER WILL BE RANDOMLY SELECTED.

1. ENTRY PERIOD: The Harry & David Peach Sweepstakes (hereinafter, the “Sweepstakes”) begins at 12:01 PM (Pacific Time) on Thursday, August 17, 2023 and ends at 11:59 PM (Pacific Time) on Wednesday, August 23, 2023 (the “Entry Period”).

2. HOW TO ENTER: You must be 18 or older at the time of entry and have or open an account on Facebook.com to participate in the Sweepstakes. Accounts are free and can be opened by visiting Facebook.com. THREE EASY STEPS:

Step 1: Check out the Harry & David Facebook page. During the Entry Period, Harry & David will post a Sweepstakes question on its Facebook page located at https://www.facebook.com/harryanddavid/.

Step 2: Review and accept the Official Rules. A link to the Official Rules is located in the first comment of the post containing the Sweepstakes question. You must “Like” the first comment to acknowledge that you agree to the Official Rules, which also can be directly accessed at https://www.harryanddavid.com/peach-sweepstakes-rules.

Step 3: Respond to the question and use hashtag #Sweepstakes. You may answer the Sweepstakes question in a comment to the original Sweepstakes question post. You may only answer the question once for an entry, with a maximum of three Sweepstakes entries per person possible during the Entry Period.

3. ADDITIONAL ENTRY TERMS & CONDITIONS: Use of computer programs and/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. By entering on Facebook.com and using the promoted hashtag #Sweepstakes you understand that (a) 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.; (b) 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; (c) you hereby hold the Sponsor harmless from and against any third party claims arising from use of the entry; and (d) 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. Sponsors’ use of information collected from entrants is subject to its Privacy Policy, located at https://www.harryanddavid.com/About-Us-Privacy-Policy.

4. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): Three winners will each receive an Oregold® Peaches gift (Item #30X) and a $50 Harry & David® gift card. 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 for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and use. Prize winners are responsible for all federal, state and local taxes and any other costs associated with the prize they receive.

   The Approximate Retail Value (ARV) of the Oregold® Peaches gift is USD $49.99. The ARV of each prize is USD $99.99. The ARV of all prizes is USD $299.97.

5. WINNER SELECTION: Winners will be selected on or about August 24, 2023 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 Facebook private message.

   If a potential winner of any prize is disqualified for any reason or does not respond within twenty-four (24) 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.com. 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.com, from any and all liability for damages, losses or injury resulting from participation in the Sweepstakes or acceptance or use of the prize. Entries will be declared to be made by the authorized account holder (the natural person who is assigned to the Facebook.com 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, by 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/ from August 24, 2023 through September 8, 2023 for winners’ names.

8. SPONSOR/ADMINISTRATOR: 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.com.

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.COM 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.

Oregold 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 © 2023 Harry and David, LLC. All rights reserved.