E & J Gallo Winery – Barefoot & Nfl Sweepstakes

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BAREFOOT & NFL® Sweepstakes
Official Rules
This Sweepstakes is intended for legal residents aged 21 or older of the United States
(excluding Utah) and the District of Columbia only. Void where prohibited. Do not enter this
Sweepstakes if you are not eligible and are not located in the United States at the time of
entry.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE
YOUR CHANCES OF WINNING.
The Barefoot & NFL® Sweepstakes (the “Sweepstakes”) will commence at 12:00:00 AM Pacific
Time (“PT”) on November 15, 2022 (“Start Date”) and end at 11:59:59 PM PT on January 30,
2023 (“End Date”). The period between the Start Date and End Date will be referred to as the
(“Sweepstakes Period”). The Sweepstakes Period will be broken out into three (3) separate
entry periods as set forth in Section 3 below (each, an “Entry Period”). Entries submitted past
the expiration of each Entry Period date will not be accepted.
1. SPONSOR/ADMINISTRATOR. The Sweepstakes is sponsored by E. & J. Gallo Winery, 600
Yosemite Blvd., Modesto, CA 95354 and NFL Enterprises LLC, 280 Park Avenue New York, New
York 10017 (“Sponsor” and/or “Sponsors”), and is administered by Moosylvania, 7303
Marietta Ave, Maplewood, MO 63143 (“Administrator”), for Sponsor’s Barefoot Wine brand
(“Brand”).
2. ELIGIBILITY REQUIREMENTS. The Sweepstakes is open to legal residents of the United States
(excluding Utah) and the District of Columbia who are 21 years of age or older. VOID IN UTAH,
PUERTO RICO, U.S. VIRGIN ISLANDS, AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND
WHEREVER PROHIBITED OR RESTRICTED BY LAW. Directors, officers, employees, and agents
of Sponsors, National Football League, its member professional football clubs, NFL Ventures,
Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective
subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and
employees (collectively, the “NFL Entities”), Administrator and any retail licensees, authorized
licensees, wholesale licensees, distributors, and each of their respective parent, sister,
affiliates, subsidiaries, advertising and promotional agencies, and all other corporations,
partnerships, or other legal entities or individuals associated with the development,
administration, or fulfillment of this Sweepstakes, and the immediate families of such persons
(defined as spouse, child, sibling, parent, son-in-law, daughter-in-law, grandparent, so-called
“step” or “half” variations of any of the preceding individuals, and all descendants and each
of their respective spouses, regardless of where they live), and those living in their same
households, whether or not related, are ineligible to enter, win or collect prizes in the
Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws,
regulations, and ordinances.
3. TO ENTER. The Sweepstakes begins at 12:00:00 AM PT on November 15, 2022 and ends at
11:59:59 PM PT January 30, 2023. To enter the Sweepstakes, entrant must visit
www.barefootwine.com/nfl.html and follow the instructions to complete and submit the
online entry form. All submissions must be received by 11:59:59 PM PT on January 30, 2023
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to be eligible for entry into the Sweepstakes. Once entrant has completed the foregoing,
entrant will have earned one (1) entry (“Entry”) into the Sweepstakes.
To be eligible, the Entry must be in English. Sponsor and/or Administrators is not responsible
for lost, late, incomplete, tampered or damaged Entries or Entries that are lost or misdirected
to any Junk folder or SPAM filter. All such Entries will be ineligible.
Entry Periods: There will be a total of three (3) Entry Periods. Your Entry must be received
within the dates of each Entry Period in accordance with the deadlines in the chart below. All
NON-WINNING ENTRIES WILL NOT ROLL OVER INTO SUBSEQUENT ENTRY PERIODS. Entries
will not be acknowledged or returned. Entries become the property of Sponsor.
All entries must be received by 11:59:59 PM PT on the end date of each respective Entry
Period. An entry that is sent after 11:59:59 PM PT on January 30, 2023 will be disqualified,
and that entry attempt will not be eligible for the random drawing.
Entry Period Start Date of Entry Period
at 12:00:00 AM PT
End Date of Entry Period
at 11:59:59 PM PT
Entry Period 1 11/15/2022 12/12/2022
Entry Period 2 12/13/2022 01/09/2023
Entry Period 3 01/10/2023 01/30/2023
Limit: One (1) Entry per person/email address per Entry Period. Any person, who attempts to
participate by using multiple cellular numbers, multiple email addresses, multiple identities,
or by using any device or artifice to participate in violation of the terms stated in these Official
Rules, may be disqualified by Sponsor in its sole discretion.
Any use of robotic, repetitive, automatic, programmed or similar participation methods or
agents will void such participation in the Sweepstakes. In the event of a dispute over who an
Entry corresponds to, the authorized account subscriber of the cellular account used to enter
the Sweepstakes or the authorized account subscriber or owner of the email address as of
the actual time that such information was received by Administrator, will be deemed to be
the entrant. The “authorized account subscriber” is defined as the natural person who is
assigned the cellular telephone number by the cellular telephone network associated with
the cellular phone number or by the internet service provider associated with the email
address used to enter the Sweepstakes. Administrator may require an entrant to show proof
of being the authorized account holder. Sponsor and/or Administrator are not responsible
for cellular carrier or cell tower glitches or outages that result in the non-receipt of any
entrant’s Entry attempts. Sponsor and/or Administrator is not responsible for Entries that are
garbled, corrupted, or otherwise unascertainable or incomprehensible. Entrants may be
required to indicate their acceptance to the Official Rules where indicated at the time of Entry;
provided, however, that any entrant’s participation in the Sweepstakes constitutes, and is
deemed, such entrant’s full and unconditional agreement to the Official Rules and any and all
decisions of Sponsor and Administrator, which are final and binding in all respects. All
entrants agree to waive any right to claim ambiguity in the Sweepstakes and/or these Official
Rules.
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4. WINNER SELECTION AND NOTIFICATION.
Winner Selection: There will be eight (8) total winners during the Sweepstakes Period as
described in the chart below. Winners will be determined by random drawing conducted from
among all eligible Entries by Administrator on or about the end of each Entry Period date as
listed in the chart below. Non-winning entries from any Entry Period will NOT roll over to any
subsequent Entry Period random drawings. All decisions of Sponsor or Administrator are final
and binding. All Entries are subject to verification, confirmation and compliance with the
Official Rules. Odds of winning depend upon the number of eligible Entries received. Limit:
1 winner per household for the entire duration of the Sweepstakes Period.
Entry Period Random Drawing to
Occur On or About
Number of
Winners
1 12/13/2022 3
2 01/10/2023 3
3 01/31/2023 2
Winner Notification: Sponsor or Administrator will attempt to notify each potential winner
(“Potential Winner”) via email on or about the date of the random drawing as listed in the
chart above. Potential Winner must respond within two (2) days of notification attempt.
Failure to respond to notification as directed within the stated time will result in forfeiture of
the prize. Awarding of any prize is subject to verification of Potential Winner’s eligibility and
full compliance with these Official Rules. The Potential Winner will be required to complete,
sign and return an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and
Release”) within two (2) days of receiving the Affidavit and Release from Sponsor or
Administrator. Failure to return the signed Affidavit and Release within two (2) days following
the date of delivery thereof may result in forfeiture of the prize. If any Potential Winner
cannot be contacted as specified above, or if Potential Winner fails to return the signed
Affidavit of Eligibility by the deadline specified above, or if a Potential Winner is deemed
ineligible for any other reason in Sponsor or Administrator’s sole discretion, the Potential
Winner will be disqualified and an alternate winner may, at Sponsor or Administrator’s sole
discretion, be randomly selected in his/her place from among all remaining eligible Entries,
time permitting.
5. PRIZE(S) AND APPROXIMATE RETAIL VALUE (“ARV”). There will be eight (8) total prizes
during the Sweepstakes Period. The number of winners, ARV, and description of each Prize
will differ depending on the Entry Period as described in the chart below.
Entry
Period
Description Number
of
Winners
ARV of
Each Prize
Entry
Period 1
One (1) Football Popcorn Marker and (1)
Snack Helmet
3 $150
Entry
Period 2
One (1) Convertible Wine Bar 3 $350
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Entry
Period 3
One (1) Football Popcorn Maker, one (1)
Snack Helmet, one (1) Convertible Wine Bar,
and one (1) $1,000 Visa Gift Card
2 $3000
The total ARV of all the prizes to be awarded in this Sweepstakes is $4,500.00. Alcohol is not
included as part of any prize. Gift Cards are subject to the terms set by issuer. Prize will be
sent to address provided by winner after winner is verified and returns the completed
Affidavit and Release. No PO boxes permitted. Unclaimed or returned prizes will not be
awarded. Sponsor and the Administrator are not responsible for any legal, or other
restrictions on winner’s use of the 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 awarded prize are solely the responsibility of the
winner. If any part of the prize becomes unavailable for any reason, Sponsor will not be
responsible to award that part of the prize. 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. Prize is
nonassignable, nonsubstitutable, and nontransferable. Notwithstanding the foregoing,
Sponsor may, at its sole discretion, substitute cash or a prize of equal or greater monetary
value. Entry Period 3 winners will receive an IRS Form 1099-MISC for the ARV of the prize.
6. INTERNET. If for any reason this Sweepstakes cannot be executed as planned, including but
not limited to infection by computer virus, tampering, unauthorized intervention, fraud,
technical failures, or any other causes beyond the control of the Sponsor that corrupt or affect
the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if
the Sweepstakes is compromised or becomes technically corrupted in any way, electronically
or otherwise, the Sponsor reserves the right to cancel, suspend, terminate or modify the
Sweepstakes. In such event, Sponsor, at its discretion, may select winner from the eligible,
non-suspect Entries fulfilling the applicable eligibility requirements prior to the event
requiring termination, cancellation or suspension of this Sweepstakes.
7. LICENSE TO ENTRY. By submitting an Entry, you irrevocably grant Sponsor and its designated
agents the royalty-free right throughout the world in perpetuity to use, re-use, copy, publish,
copyright, republish in whole or in part, edit, add to, modify, and rearrange the Entry in
whatever media now known or hereafter developed, for use in the advertising and promotion
of Sponsor and Sponsor’s products without further permission, approval, consideration or
payment to the you, except where prohibited by law. You agree to sign any document
requested by Sponsor to further confirm this license.
8. LIMITATIONS OF LIABILITY AND RELEASES. No liability or responsibility is assumed by
Sponsor from entrant’s participation in, or attempt to participate in, the Sweepstakes.
Sponsor is not responsible for any typographical errors in the information provided by
entrants, or in the announcement of prizes or these Official Rules. Sponsor’s failure to enforce
any term of these Official Rules shall not constitute a waiver of that provision or any other
provision herein. Should any provision of the Official Rules be deemed unenforceable or
invalid, the other provisions of the Official Rules shall remain in full force and effect. Proof of
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sending or submission will not be deemed to be proof of receipt by Sponsor and/or
Administrator. All such Entries are subject to verification. By entering or otherwise
participating in the Sweepstakes and/or accepting any prize, each entrant hereby fully and
unconditionally agrees to be bound by these Official Rules and the decisions of Sponsor and
Administrator, or their respective designated agents, which are final and legally binding in all
respects, and agrees to waive any right to claim any ambiguity in these Official Rules. The
entrant also agrees to assume all risk of loss, damage, destruction, delay or misdirection of
materials and mail submitted to or from Sponsors or Administrator, and further agrees that
all prizes are awarded upon the condition that Sponsors, NFL Properties LLC, National Football
League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL
Enterprises LLC, NFL International LLC, NFL Productions LLC,, Administrator, Facebook,
Instagram, Twitter and any of their respective parent companies, subsidiaries, officers,
directors, partners, shareholders, representatives, principals, partnerships, employees or
agents (collectively, the “Released Parties”) shall have no liability whatsoever, and each
entrant agrees to release, indemnify and hold harmless the Released Parties for, any injuries,
losses, or damages of any kind to persons or property, including death, sustained, in whole or
in part, directly or indirectly, in connection with or resulting from acceptance, possession or
use/misuse of any prize, or participation in this Sweepstakes or participation in any
Sweepstakes-related activities and further acknowledges that said Released Parties have
neither made, nor are in any manner responsible or liable for, any warranty, representation
or guarantee, expressed or implied, in fact or in law, relative to any prize awarded in
connection with the Sweepstakes.
Sponsor reserves the right to correct any typographical, printing, computer programming or
operator errors, including in the Official Rules. The Released Parties are not responsible for
hardware or software failures of any kind, traffic congestion in any networks, or towers, or
any combination thereof, lost network connections, incomplete, garbled or delayed
transmissions, whether caused by Sponsor, users, or by any of the equipment or programming
associated with or utilized in the Sweepstakes, or by technical or human error which may
occur and/or which may damage Sponsors’ ability to receive or store Sweepstakes data, or
which may damage an entrant’s system in connection with the selected method of Entry, or
which may otherwise limit any entrant’s ability to participate and/or redeem the prizes in the
Sweepstakes. In the event that any entrant’s Entry attempt is not successfully received by
Sponsor, that entrant’s sole remedy shall be to attempt to enter the Sweepstakes once again
during the Sweepstakes Period. Sponsor and Administrator reserve the right at its sole
discretion, to disqualify any individual who tampers with the Sweepstakes, or the operation
of the Sweepstakes, or who enters using any automatic or programmed Entry duplication
method, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct
with respect to this Sweepstakes.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT
PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION
ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE
RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND
ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-
POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED
OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO
OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL
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RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST
PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES,
AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4)
ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND
ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE
ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By accepting the prize, the winner agrees that Sponsor may use any and all such winners’
names, cities and/or states of residence, statements, likeness, voice, photograph and/or
biographical information, without limitation, for promotional purposes relating to the
Sweepstakes, in any media or format, whether now known or hereafter developed, including
but not limited to the internet, worldwide, in perpetuity, without further consideration or
payment, where permitted by law. Should winner make any false statement in any document
referenced herein, the winner will be required to promptly return to Sponsor the awarded
prize(s) received.
9. GOVERNING LAW & JURISDICTION. Except where prohibited, entrants agree that all issues
and questions concerning the construction, validity, interpretation and enforceability of these
Official Rules, or the rights and obligations of any entrant, Sponsor, Administrator, and their
respective agents shall be governed by and construed exclusively in accordance with the laws
of the state of California without giving effect to any principles of conflicts of law of any
jurisdiction. Entrants agree that any action at law or in equity arising out of or relating to this
Sweepstakes, or awarding of the prize, shall be filed only in the state courts with jurisdiction
over Stanislaus County, California or in federal courts in the Eastern District of California, and
the entrants hereby consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action.
10. NO TWITTER/FACEBOOK/INSTAGRAM ASSOCIATION. This Sweepstakes is in no way
sponsored, endorsed or administered by, or associated with, Twitter, Facebook or Instagram.
You understand that you are providing your information to Sponsor, not to Twitter, Facebook
or Instagram. Any questions, comments or complaints regarding the Sweepstakes must be
directed to the Sponsor and not to Twitter, Facebook or Instagram.
11. PRIVACY. Sponsor and its authorized agents will collect, use, and disclose the personal
information you provide when you enter the Sweepstakes solely for the purposes of
administering the Sweepstakes and fulfilling the prize, and by entering this Sweepstakes you
consent to the collection, use, disclosure and management of your personal information for
said purposes. All personal information that entrants submit will be subject to Sponsor’s
privacy policy. In the event of any discrepancy between Sponsor’s privacy policy and these
Official Rules, the privacy policy will govern and control. For a copy of Sponsor’s complete
online privacy policy please visit http://www.gallo.com/legal/privacy.
12. WINNERS LIST AND OFFICIAL RULES. For the names (first initial and last name) and city of
residence of the winner and/or a copy of these Official Rules (must be received by
02/28/2023), send an email to barefoot@barefootwine.com. Include the name of this
Sweepstakes “Barefoot & NFL® Sweepstakes” and specify either “Winners List” or “Official
Rules” in the subject line.
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© 2022 Barefoot Cellars, Modesto CA. All rights reserved.
ABBREVIATED RULES.
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Open to legal residents of the United States (excluding Utah) and the District of Columbia who are
21 or older. Void where prohibited. Starts at 12:00:00AM PT on 11/15/22 and ends at
11:59:59PM PT on 1/30/23. To enter, visit barefootwine.com/nfl.html, complete and submit your
entry. To receive a copy of the Official Rules, send an email with the name of this Sweepstakes,
“Barefoot & NFL® Sweepstakes” in the subject line and “Official Rules Request” to
barefoot@barefootwine.com. Sponsor: E. & J. Gallo Winery.