Harry & David – Prize-Of-The-Month Sweepstakes
HARRY & DAVID’S
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.
ENTRY PERIOD. The Prize-of-the-Month Sweepstakes (hereinafter, the “Sweepstakes”) begins at 12:01 AM EDT on May 13, 2019
and ends at 11:59 PM EST on April 30, 2020 (the “Entry Period”).
HOW TO ENTER. To enter, visit https://www.harryanddavid.com/gift-club-sweepstakes during the Entry Period, enter your
full legal name and a working email address and agree to comply with these Official Rules (found at
https://www.harryanddavid.com/gift-club-sweepstakes-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 of Harry and David, LLC (“Sponsor”) or its subsidiaries, affiliates and related
companies, advertising and promotion agencies, and their immediate families, are ineligible. The Sweepstakes is subject
to all applicable federal, state, and local laws and regulations and void where prohibited.
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 and will be
your responsibility. Entries will be declared to be made by the authorized account holder (i.e. 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 or 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.
SWEEPSTAKES PRIZES. There will be one (1) winner selected each month from May 2019 through April 2020 for a total of
twelve (12) winners. Each winner will receive the subscription to the Club or Discovery Box that corresponds to the
month in which the winner was selected:
May 2019: The Cheesecake Factory® Club 3-month subscription
June 2019: Harry & David® Pantry Discovery Box 6-month subscription
July 2019: Stock Yards® Club 3-month subscription
August 2019: Moose Munch® Club 12-month subscription
September 2019: Harry & David® Sweets Discovery Box 6-month subscription
October 2019: Fruit and Cheese Club 6-month subscription
November 2019: Signature Classic Fruit Club 6-month subscription
December 2019: Favorites Club® Collection 6-month subscription
January 2020: Citrus Club 6-month subscription
February 2020: Chocolate Club 6-month subscription
March 2020: Plant of the Month Club 6-month subscription
April 2020: Dessert of the Month Club® 6-month subscription
Shipments will begin 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. Each 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 aspect of any prize.
APPROXIMATE RETAIL VALUE (“ARV”). The ARV (in U.S. Dollars) of all prizes is $2,359.78. The ARV of monthly prizes is as
follows: $169.99 for The Cheesecake Factory® Club subscription; $179.94 for the Harry & David® Pantry Discovery Box
subscription; $199.99 for the Stock Yards® Club subscription; $169.99 for the Moose Munch® Club subscription; $179.94
for the Sweets Discovery Box subscription; $229.99 for the Fruit and Cheese Club subscription; $199.99 for the Signature
Classic Fruit Club subscription; $199.99 for the Favorites Club® Collection subscription; $179.99 for the Citrus Club
subscription; $189.99 for the Chocolate Club subscription; $249.99 for the Plant of the Month Club subscription; and
$209.99 for the Dessert of the Month Club® subscription.
WINNER SELECTION. A 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 calendar month. For example, at the end of May
2019 a winner will be selected from all eligible entries received during that month and at the end of June 2019 another
winner will be selected from all eligible entries received during June 2019. Non-winning entries will not be rolled over
into subsequent months. Drawings will be conducted by a representative of Sponsor, 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 prize is unavailable. Prize winners may be required to execute and return an
affidavit of eligibility and a liability and publicity release (where legal) within five (5) days of notification
attempt or prize will be forfeited, and an alternate winner selected.
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. Prizes are not assignable or transferable and are not redeemable for cash.
Winners may waive their right to receive the prize, but will not receive an alternate prize or any cash value. Prize
winners may be required to execute and return an affidavit of eligibility and a liability and publicity release (where
legal) within five (5) days of notification attempt, or prize will be forfeited and an alternate winner selected.
WINNERS LIST. The names of monthly winners will be posted at https://www.harryanddavid.com/gift-club-sweepstakes for
approximately two (2) weeks, beginning two (2) weeks after each monthly drawing.
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.
CANCELLATION; MODIFICATION. 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 and technical failures or corruption of any sort, and award prizes from eligible entries
received prior to cancellation.
INDEMNIFICATION. By entering, entrant: accepts and agrees to be bound by these Official Rules; releases Sponsor, TCF Co.
LLC, U.S. Foods, Inc., and its and their 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.
LIMITATION OF LIABILITY. RELEASED PARTIES SHALL NOT 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 PRIZES SET FORTH HEREIN.
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.
SPONSOR AND ADMINISTRATOR. The Sponsor and Administrator of the Sweepstakes is Harry and David, LLC, 2500 S. Pacific
Highway, Medford, OR 97501.
The Cheesecake Factory® is a registered trademark of TCF, Co. LLC. Stock Yards is a trademark of, and is used under
license from, U.S. Foods, Inc. Dessert of the Month Club® is a registered trademark of 1-800-Flowers.com, Inc. Moose
Munch® and Favorites Club® are registered trademarks of Harry and David, LLC. Harry & David is a registered trademark,
service mark and Assumed Business Name of Harry and David, LLC.
© 2019, Harry and David, LLC. All rights reserved.