E & J Gallo Winery – Barefoot Fandangonow – Win receive via e-mail one FandangoNOW al Code for the amount of $250 good towards the purchase or rental of content on FandangoNOWcom and via participating FandangoNOW apps
BAREFOOT FANDANGONOW SWEEPSTAKES
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY SUBMITTING AN ENTRY TO THIS SWEEPSTAKES DURING THE SWEEPSTAKES PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE RELEASED ENTITIES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. THE SWEEPSTAKES IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING UTAH) AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
SWEEPSTAKES PERIOD: The Barefoot FandangoNOW Sweepstakes (the “Sweepstakes”) begins at 12:01:00 AM US Pacific Time (“PT”) on January 1, 2021 and ends at 11:59:59 PM PT on March 31, 2021 (the “Sweepstakes Period”). The computer clock of the Administrator is the official time-keeping device in the Sweepstakes. By participating, participants (“Participants”) agree to be bound by these Official Rules and the decisions of E. & J. Gallo Winery (the “Sponsor”), which are binding and final on matters relating to this Sweepstakes. The Sweepstakes consists of three (3) monthly entry periods (each month, an “Entry Period”). Each Entry Period will begin at 12:01:00 AM PT on the first day of the month and end at 11:59:59 PM PT the last day of the month.
ELIGIBILITY: Sweepstakes is open only to legal residents of the United States (excluding Utah) and District of Columbia (NOT including residents of Puerto Rico or other U.S. Territories), who are at least twenty-one (21) years of age at time of Sweepstakes Entry. Directors, employees, officers, agents and representatives of the Sponsor, Southern Made Services, LLC (the “Administrator”), Fandango Loyalty Solutions, LLC (“Fandango”) and each of their respective parents, affiliates, subsidiaries and web-design, advertising, marketing, fulfillment, judging and promotion agencies, and all other corporations, partnerships or other legal entities or individuals involved in the administration, development, fulfillment and execution of this Sweepstakes, and their immediate family members, as defined below, of each, and those persons living in the same households, whether or not related, are not eligible to participate in the Sweepstakes. Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, and their respective spouses. “Household members” shall mean people who share the same residence at least three (3) months a year. Employees, officers, directors, and agents of licensed alcoholic beverage manufacturers, authorized licensees, distributors, wholesale licensees and retail licensees of alcoholic beverages, as well as state or local alcohol beverage agencies and their employees, are not eligible to participate in the Sweepstakes. Winning a Prize is contingent on fulfilling all requirements in these Official Rules. All federal, state and local laws and regulations apply. Void where prohibited or restricted. All Sweepstakes Entries are the property of the Sponsor.
HOW TO PARTICIPATE: To receive one (1) entry in the Sweepstakes (“Sweepstakes Entry”), visit www.barefootmovienight.com (“Website”) and complete an online entry form with the required information, including your name, email address, date of birth, address, city, state, zip code and code word “Barefoot”. To be eligible, the Sweepstakes Entry must be in English. Sweepstakes Entries generated by script, macro or other automated means, and Sweepstakes Entries by any means which subvert the entry process, are void. Sweepstakes Entries become the property of the Sponsor and will not be returned.
There is a limit of one (1) Sweepstakes Entry per person per Entry Period, using only one (1) email address. Sweepstakes Entries received from any person in excess of the stated limitation, or which are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost or misdirect, will be void. Subsequent attempts made by the same individual to submit multiple Sweepstakes Entries by using multiple or false contact information or otherwise may be disqualified. The Sponsor and/or the Administrator are not responsible for lost, late, incomplete, tampered with or damaged Sweepstakes Entries or Sweepstakes Entries that are lost or misdirected to any junk folder or SPAM filter. Sweepstakes Entries will not be acknowledged or returned. Sweepstakes Entries received not in compliance with these Official Rules may be disqualified in Sponsor or Administrator’s sole discretion.
SWEEPSTAKES PRIZE DRAWING & WINNER NOTIFICATION: Prizes will be awarded over three (3) Entry Periods as specified below. Odds of winning a Prize during any Entry Period Prize drawing depend on the number of Sweepstakes Entries received during each Entry Period. Winners will be randomly selected by the Administrator and will be notified via email. To be eligible for a particular Prize drawing for an Entry Period, the Sweepstakes Entry must be received in such Entry Period. Non-winning Sweepstakes Entries included in one Prize drawing will carry over to subsequent Prize drawings. The Prize drawings will occur according to the following schedule of drawing dates, which also details the number of Prizes awarded in such Prize drawing:
Entry Period Entry Period Dates Drawing Date PrizesFirst Entry Period 1/1/2021 – 1/30/2021 2/5/2021 4 Grand Prizes; 3,000 First Place Prizes; 233 Second Place Prizes
Second Entry Period 2/1/2021 – 2/28/2021 3/4/2021 4 Grand Prizes; 233 Second Place Prizes
Third Entry Period 3/1/2021 – 3/21/2021 4/3/2021 4 Grand Prizes; 234 Second Place Prizes
Potential Winners may be required to execute and return an affidavit of eligibility, a taxable income form, W9, a liability release and, where lawful, a publicity release within five (5) days of date of issuance of email. If such documents are not returned within the specified time period, Prize notification is returned as undeliverable, the Sponsor or its agent is unable to contact a potential Winner or a potential Winner is not in compliance with these Official Rules, Prize will be forfeited and, at the Sponsor’s discretion, an alternate Winner may be selected. The Sponsor reserves the right not to award a Prize in the event the Sponsor is unable to identify and confirm a Winner after attempting to contact alternate Winners.
SWEEPSTAKES GRAND PRIZES (12): There are twelve (12) Grand Prizes (“Grand Prizes”) available to be awarded. Four (4) Grand Prizes will be awarded per Entry Period. Each Grand Prize winner (“Grand Prize Winner”) will receive via e-mail one (1) FandangoNOW Promotional Code for the amount of $250 good towards the purchase or rental of content on FandangoNOW.com and via participating FandangoNOW apps. The Approximate Retail Value (“ARV”) of each Grand Prizes is $250. The ARV of all the Grand Prizes is $3,000.
SWEEPSTAKES FIRST PLACE PRIZES (3,000): There are three thousand (3,000) First Place Prizes (“First Places Prizes”) available to be awarded. All First Place Prizes will be awarded in the Prize drawing for the First Entry Period. Each First Prize winner (“First Prize Winner”) will receive via e-mail one (1) FandangoNOW Promotional Code for the amount of $6.00 good towards the purchase or rental of content on FandangoNOW.com and via participating FandangoNOW apps. This is a single-use code only; it must be used in one transaction. The ARV of each First Place Prize is $6. The ARV of all the First Place Prizes is $18,000.
SWEEPSTAKES SECOND PLACE PRIZES (700): There are seven hundred (700) Second Place Prizes (“Second Places Prizes” and, together with the Grand Prizes and the First Place Prizes, “Prizes”) available to be awarded. Two hundred thirty three (233) Second Place Prizes will be awarded in the Prize drawing for the First Entry Period. Two hundred thirty three (233) Second Place Prizes will be awarded in the Prize drawing for the Second Entry Period. Two hundred thirty four (234) Second Place Prizes will be awarded in the Prize drawing for the Third Entry Period. Each Second Prize winner (“Second Prize Winner” and, together with the Grand Prize Winners and First Prize Winners, “Winners”) will receive via e-mail one (1) FandangoNOW Promotional Code in the amount of $20.00 good towards the purchase or rental of content on FandangoNOW.com and via participating FandangoNOW apps. The ARV of each Second Place Prize is $20.00. The ARV of all the Second Place Prizes is $14,000.
Total ARV of all Prizes available in this Sweepstakes is $35,000.
The maximum value of the Prize set forth above represents the Sponsor’s good faith determination of the maximum ARV thereof, and the actual fair market value, as ultimately determined the Sponsor, cannot be challenged or appealed. Winner will receive from the Administrator an IRS Form 1099 (or similar) in the amount of the Prize.
Prize consists only of the elements expressly set forth above; no other elements are included in the Prize and all such expenses are the sole responsibility of Winner. Winner is responsible for all applicable federal, state, local sales and income taxes and any costs, expense(s) or fees whatsoever in connection with the Prize not specifically provided herein. In the event that, for reasons beyond their control and not related to the Winner, the Sponsor or the Administrator is unable to award any Prize as described in these Official Rules (including if the designated Prize should become unavailable for any reason), the Sponsor will substitute the Prize with another prize of similar nature and equal or greater value at its sole discretion. The Prize is non-assignable and non-transferable and is not redeemable for cash and no substitution will be made except as provided herein at the Sponsor’s sole discretion. If a selected Winner is unable to accept a Prize in its entirety for any reason, the selected Winner will forfeit the Prize and the Prize may be awarded to an alternate Winner. All Sweepstakes Entries and potential Winners are subject to verification by the Sponsor and the Administrator, whose decisions are final and binding. No compensation will be paid in lieu of a Prize.
Incidental expenses and all other costs and expenses which are not specifically listed as part of the Prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the Prize are solely the responsibility of the Winner. Winner is solely responsible for any and all applicable fees and taxes associated with receipt and use of the Prize. PRIZE IS AWARDED “AS IS,” “WHERE IS,” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED.
GRAND PRIZE CONDITIONS: Each Grand Prize is good towards the purchase or rental of content (any format) on FandangoNOW.com and via participating FandangoNOW apps ($250.00 total value). You may be required to pay taxes separately. Grand Prize expires on 12/31/21. You must have a Fandango VIP account to redeem your Grand Prize. Fandango VIP is free to join. Credit card may be required for transactions on FandangoNOW.com. Grand Prize must be redeemed to your Fandango VIP account or entered at checkout to receive credit. If lost or stolen, cannot be replaced. No cash value, except as required by law. Void where prohibited. Not valid with any other offer. Not for resale; void if sold or exchanged. If the cost of purchase or rental of content is more than maximum value of the Grand Prize, then user must pay the difference. Grand Prize is valid for redemption in U.S. and D.C, excluding U.S. territories, and where prohibited by law. The redemption of the Grand Prize is subject to Fandango’s Terms and Policies at www.fandango.com/terms-and-policies.
FIRST PLACE PRIZE CONDITIONS: Each First Place Prize is good towards the rental of any movie (any format) on FandangoNOW.com and via participating FandangoNOW apps ($6.00 total value). You may be required to pay taxes separately. First Place Prize expires on 6/30/21. You must have a Fandango VIP account to redeem your First Place Prize. Fandango VIP is free to join. Credit card may be required for transactions on FandangoNOW.com. First Place Prize must be redeemed to your Fandango VIP account or entered at checkout to receive credit. One-time use only. If lost or stolen, cannot be replaced. No cash value, except as required by law. Void where prohibited. Not valid with any other offer. Not for resale; void if sold or exchanged. If the cost of rental is more than maximum value of the First Place Prize, then user must pay the difference. Any price difference between rental maximum value of the First Place Prize will not be refunded. First Place Prize is valid for redemption in U.S. and D.C, excluding U.S. territories, and where prohibited by law. The redemption of the First Place Prize is subject to Fandango’s Terms and Policies at www.fandango.com/terms-and-policies.
SECOND PLACE PRIZE CONDITIONS: Each Second Place Prize is good towards the purchase or rental of content (any format) on FandangoNOW.com and via participating FandangoNOW apps ($20.00 total value). You may be required to pay taxes separately. Second Place Prize expires on 6/30/21. You must have a Fandango VIP account to redeem your Second Place Prize. Fandango VIP is free to join. Credit card may be required for transactions on FandangoNOW.com. Second Place Prize must be redeemed to your Fandango VIP account or entered at checkout to receive credit. If lost or stolen, cannot be replaced. No cash value, except as required by law. Void where prohibited. Not valid with any other offer. Not for resale; void if sold or exchanged. If the cost of purchase or rental of content is more than maximum value of the Second Place Prize, then user must pay the difference. Second Place Prize is valid for redemption in U.S. and D.C, excluding U.S. territories, and where prohibited by law. The redemption of the Second Place Prize is subject to Fandango’s Terms and Policies at www.fandango.com/terms-and-policies.
GENERAL CONDITIONS: Alcohol is not part of any prize. Sweepstakes qualification is determined when Sweepstakes Entry is submitted to the Website. Proof of identity and/or residence reasonably satisfactory to the Sponsor and/or the Administrator may be required to verify eligibility. The Sponsor and the Administrator have the right to determine Sweepstakes eligibility in their discretion; all decisions concerning Sweepstakes eligibility are final. Any effort to circumvent the Sweepstake’s limits, requirements or other terms (including, but not limited to, providing fictitious information or concealing identity or location) voids submissions and disqualifies person from participating in the Sweepstakes. There is a limit of one (1) Prize per person throughout the Sweepstakes Period.
By participating, Participants accept and agree to: (i) be bound by these Official Rules, all applicable laws and the decisions of the Sponsor, which shall be final and binding in all matters; (ii) waive any rights to claim ambiguity with respect to the Official Rules; and (iii) waive all of his/her rights to bring any claim, action, or proceeding against any of the Released Parties (as defined below). Released Parties (as defined below) are not responsible or liable Sweepstakes Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Sweepstakes Entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with these Official Rules, and all such Sweepstakes Entries will be disqualified, or emails or other errors or difficulties of any kind whether human, technical, electronic, mechanical, network, seeding, computer, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Prize redemptions, emails, Sweepstakes Entries, the announcement of the Winners, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to Participant’s or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Sweepstakes or who are in violation of these Official Rules, as solely determined by the Sponsor, will be disqualified and all associated Sweepstakes Entries will be void. Should any portion of the Sweepstakes be, in the Sponsor’s sole opinion, compromised by non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play or submission of Sweepstakes Entries, the Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes. If terminated, at its discretion, the Sponsor reserves the right to select the potential Winner from all eligible, non-suspect Prize claims received prior to action taken or as otherwise deemed fair and appropriate by the Sponsor. In no event will the Released Parties be liable for more than the stated number of Prizes in these Official Rules. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Participants, by participating, agree that the Sponsor, the Administrator, Fandango and each of their respective parents, affiliates, subsidiaries and advertising and Sweepstakes agencies and promotional partners and all of their respective officers, directors, employees, shareholders, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by Participants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a Prize (including any travel or activity related thereto) or participation in this Sweepstakes. Each Prize is offered and provided “as is” with no warranty or guarantee by the Sponsor, either express or implied. Any and all warranties and/or guarantees on the Prizes (if any) are subject to the manufacturer’s terms therefore, and Winner agrees to look solely to such manufacturer(s) for any such warranty and/or guarantee. By participating in the Sweepstakes, each Winner acknowledges that the Released Parties have not and will not obtain or provide insurance of any kind relating to the Prizes. Neither the Administrator, Fandango or any of their respective parents, affiliates, and subsidiaries are a sponsor or co-sponsor of this Sweepstakes. Each Winner, by acceptance of a Prize, except where legally prohibited, grants permission for the Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and Prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In case of dispute as to the identity of any Participant, entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry and he/she must comply with these Official Rules. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address.
INDEMNITY: Participants agree to release, indemnify, defend, and hold harmless the Released Parties from any and all liability (including, but not limited to, liability for any property loss, damage, personal injury, bodily injury, death, loss, expense, accident, delay, inconvenience or irregularity), costs and expenses (including without limitation, reasonable outside attorney’s fees) arising out of or relating in any way to: (a) your participation or inability to participate in the Sweepstakes, (b) typographical errors in the Official Rules or any Sweepstakes promotional materials, (c) acceptance or possession, defects in, use, misuse or inability to use an Prize (or any component thereof), (d) any change by any company or any other person providing any of the components of a Prize due to reasons beyond any of the Released Parties’ control or as otherwise permitted hereunder, (e) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (f) human error, (g) incorrect or inaccurate transcription, transmission of any part of the Sweepstakes Entry (including, without limitation, the entry information or any parts thereof), (h) any technical malfunctions or unavailability of the Sweepstakes site or any telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by any of the Released Parties or by you, (i) interruption or inability to access the Sweepstakes, any Sweepstakes-related web pages, or any online service via the internet due to hardware or software compatibility problems, (j) any damage to your (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes, (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (l) any wrongful, negligent, or unauthorized act or omissions on the part of any of the Released Parties, or any of their agents or employees, or (m) any other cause, condition or event whatsoever beyond the control of any one or more of the Released Parties. Each Winner hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any Prize or component thereof, including any express or implied warranties provided by any of the Prize suppliers associated with this Sweepstakes
Participants assume all liability for an injury or damage caused, or claimed to be caused, by participation in this Sweepstakes, use of the Website, or the acceptance, receipt, or use of any Prize or Prize component. Participants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees.
Should Winner make any false statement in any document referenced herein, the Winner will be required to promptly return to the Sponsor the awarded Prize received.
BINDING ARBITRATION: Except where required by law, Participants and the Sponsor waive all rights to trial in any action or proceeding instituted in connection with these Official Rules or the Sweepstakes (including any activity related thereto). Any controversy or claim arising out of or relating to these Official Rules or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
CHOICE OF LAW AND JURISDICTION: All federal, state and local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Participant and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the state of California without giving effect to any choice of law or conflict of laws rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California. Any action seeking legal or equitable relief arising out of or relating to the Sweepstakes or these Official Rules shall be brought only in the courts of the State of California. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
WINNER’S NAME: For the name of the Winners (available after April 14, 2021) send a self-addressed stamped envelope to: Barefoot FandangoNOW Sweepstakes Winners, PO Box 90130, Nashville, TN 37209 no later than May 30, 2021.
SPONSOR: E. & J. Gallo Winery, 600 Yosemite Blvd, Modesto, CA 95354
©2020 Barefoot Cellars, Modesto, CA. All rights reserved.
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