E & J Gallo Winery – Barefoot Wine Celebrate With Us Sweepstakes

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Contract Administration-277433.1
CELEBRATE WITH US 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 Celebrate With Us Sweepstakes (the “Sweepstakes”) will commence at 12:00:00 AM
Eastern Time (“CT”) on November 1, 2021 (“Start Date”) and end at 11:59:59 PM CT on
December 31, 2021 (“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
five (5) separate entry periods as set forth in Section 3 below (each, an “Entry Period”). Entries
submitted past the expiration of an Entry Period will automatically roll over into the next Entry
Period.
1. SPONSOR/ADMINISTRATOR. The Sweepstakes is sponsored by E. & J. Gallo Winery, 600
Yosemite Blvd., Modesto, CA 95354 (“Sponsor”), and is administered by Arrowhead
Promotion & Fulfillment, 1105 SE 8th Street, Grand Rapids, MN 55744 (“Administrator”), for
Sponsor’s Barefoot 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 Sponsor, 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. OVERVIEW.
Depending on an entrant’s (“Entrant”) state of residence, time and date of entry, Entrant will be
entered into a minimum of one (1) regional or national drawing and up to a maximum of three
(3) regional drawings from one of (16) regional prize pools (each, a “Regional Prize Pool”) during
each of Entry Periods 1, 2, and 3 (as listed in Section 3) and two (2) national drawings from two
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(2) national prize pools (each, a “National Prize Pool”) taking place during Entry Periods 4 and 5
during the Sweepstakes Period.
For example, if an Entrant submits an entry (the “Entry”) during Entry Period 1, to be drawn in a
Regional Prize Pool, and does not win, that Entry could potentially roll over to all remaining Entry
Periods and prize pools each time the Entry continues not to be selected, including the Entry
Period 2 and 3 Regional Prize Pools, along with the Entry Period 4 and 5 National Prize Pools.
The Sweepstakes consists of the following drawings:
a. Regional Drawings: Entrants who are residents of one of the sixteen (16) regions (each, a
“Region”) listed in Section 3 will be entered into the applicable Regional Prize Pool for that
respective Entry Period. Entrant’s entry will be pooled together with other entries received in the
same Region, and non-winning entries will roll over to the next Entry Period. There will be one (1)
drawing and one (1) winner per Region (16 total) randomly selected from each of the Regional
Prize Pools for Entry Periods 1, 2 and 3 respectively. There will be a total of forty-eight (48)
regional winners (each, a “Regional Winner”; collectively, the “Regional Winners”) during the
Sweepstakes Period. Odds of winning will depend on the total number of eligible entries received
within Entrant’s applicable Sweepstakes Regional Prize Pool(s) and Entry Period(s).
b. National Drawings: The National Prize Pool for Entry Period 4 will consist of all eligible
non-winning Entries from Entry Periods 1, 2 and 3, which will roll over, and new eligible Entries
submitted during Entry Period 4. One national winner (each, a “National Winner”; collectively, the
“National Winners”) will be randomly selected from this “National Prize Pool 1”. The National
Prize Pool for Entry Period 5 will consist of all eligible non-winning Entries from Entry Period 4,
which will roll over, and new eligible Entries submitted during Entry Period 5. Four (4) National
Winners will be selected from this “National Prize Pool 2”. There will be a total of five (5) National
Winners during the Sweepstakes Period. Odds of winning will depend on the total number of
eligible entries received within Entrant’s applicable Entry Period.
Limit: (1) Entry per person/email address regardless of method of entry or Entry Period. Non-
winning entries will roll over to subsequent Entry Period(s). Any person, who attempts to
participate by using multiple methods of Entry, 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.
TO ENTER. The Sweepstakes begins at 12:00:00 AM CT on November 1, 2021 and ends at
11:59:59 PM CT on December 31, 2021. There are two ways to enter the Sweepstakes: via QR
Code or at www.barefootwine.com/holidaysweeps (“Website”)
QR Code: To enter via QR Code, scan the QR Code found on participating Barefoot point of
sale, click the link, and follow the instructions to complete and submit the entry form during
the Sweepstakes Period. Once entrant has completed the foregoing, he/she will have earned
one (1) entry into the Sweepstakes. Entry must be received by 11:59:59 PM CT on December
31, 2021 to be eligible for entry into the Sweepstakes.
Website: To enter via the Website, visit www.barefootwine.com/holidaysweeps, follow the
instructions to complete and submit the Website entry. Once entrant has completed the
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Contract Administration-277433.1
foregoing, he/she will have earned one (1) Entry into the Sweepstakes. Entry must be received
by 11:59:59 PM CT on December 31, 2021 to be eligible for entry into the Sweepstakes.
To be eligible, the Entry must be in English. Sponsor or Administrator are 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. Entries will not be
acknowledged or returned.
Entry Periods: There will be a total of five (5) Entry Periods. The Regional Prize Pools for Entry
Periods 1, 2, and 3 will consist solely of those eligible entries from the sixteen (16) regions
identified below. The National Prize Pools for Entry Periods 4 and 5 will consist of all eligible
entries in the Sweepstakes. 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 ROLL
OVER INTO EACH SUBSEQUENT ENTRY PERIOD. Entries will not be acknowledged or returned.
Entries become the property of Sponsor.
All entries must be received by 11:59:59 PM CT on the end date of each respective Entry
Period. An entry that is sent after 11:59:59 PM CT on December 31, 2021 will be disqualified,
and that entry attempt will not be eligible for the random drawing. Entries become the
property of Sponsor.
Entry Period Start Date of Entry
Period at 12:00:00 AM
CT
End Date of Entry
Period as 11:59:59 PM
CT
Entry Period 1 11/1/2021 11/16/2021
Entry Period 2 11/17/2021 12/2/2021
Entry Period 3 12/3/2021 12/10/2021
Entry Period 4 12/11/2021 12/16/2021
Entry Period 5 12/17/2021 12/31/2021
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 text-in 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
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Contract Administration-277433.1
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.
3. WINNER SELECTION AND NOTIFICATION.
Winner Selection: There will be fifty-three (53) total winners during the Sweepstakes Period
as described in the charts below. Entry Periods 1, 2, and 3 will each have sixteen (16) Regional
Winners. Entry Period 4 will have one (1) National Winner. Entry Period 5 will have four (4)
National Winners.
Winners will be determined by random drawing conducted by Administrator, on the dates
described in the charts below from among all eligible Entries. Non-winning entries from any
Entry Period will roll over to any and all subsequent Entry Periods. 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 in accordance with the deadlines associated with that Entry Period, and
Entrant’s state of residence as provided in Entrant’s Entry. Limit: one (1) winner per
household for the Sweepstakes regardless if he/she is deemed a winner in part of the national
drawing pools or regional drawing pools.
Entry Period Random Drawing to Occur on or
About
Number of winners
1 11/17/2021 16 Regional Winners
2 12/3/2021 16 Regional Winners
3 12/13/2021 16 Regional Winners
4 12/17/2021 1 National Winner
5 1/1/2022 4 National Winners
This Sweepstakes is comprised of fifty (50) prize pools:
1) Sixteen (16) Regional Prize Pools each for Entry Periods 1, 2, and 3, for a total of forty-
eight (48) Regional Prize Pools. Each regional prize pool will be determined by the
Entrant’s state of residence. See list of the regions. There will be one (1) winner per
region, for Entry Periods 1, 2 and 3.
2) One (1) National Prize Pool each for Entry Periods 4 and 5, for a total of two (2)
National Prize Pools. Entry Period 4 will have one (1) National Winner and Entry
Period 5 will have four (4) National Winners.
The sixteen (16) regions are:
Region State(s) in Each Regional Prize Pool # of
Winners
1 California 1
2 Arizona, Colorado, Louisiana 1
3 Texas 1
4 Nevada, Oregon, Washington 1
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5 Minnesota, Missouri, Wisconsin 1
6 Michigan, Ohio 1
7 New Jersey, Pennsylvania 1
8 Illinois, Indiana 1
9 Connecticut, Massachusetts, New Hampshire 1
10 New York 1
11 District of Columbia, Maryland, Virginia 1
12 North Carolina, South Carolina 1
13 Florida 1
14 Alabama, Georgia, Tennessee 1
15 Arkansas, Delaware, Kentucky, Maine, Mississippi,
Oklahoma, Rhode Island, Vermont, West Virginia
1
16 Alaska, Hawaii, Idaho, Iowa, Kansas, Montana, Nebraska,
New Mexico, North Dakota, South Dakota, Wyoming
1
4. Winner Notification: Sponsor or Administrator will attempt to notify each potential winner
(“Potential Winner”) via email. The Potential Winner will be notified on or about the date of
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 fifty-three (53) 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
1 One (1) KitchenAid hand mixer, one (1) set
of four (4) cookie cutters, one (1) Barefoot
branded apron, one (1) Barefoot branded
measuring cups and spoons, and one (1)
baking recipe booklet.
16
Regional
Winners,
1 per
region
$86.30
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2 One (1) cocktail dispensing jug, one (1)
ugly bottle sweater, one (1) ugly sweater
and one (1) recipe booklet.
16
Regional
Winners,
1 per
region
$83.00
3 One (1) Barefoot branded karaoke
machine with disco ball, one (1) Polaroid
camera, one (1) custom Barefoot party kit
for 10, one (1) pack of twelve (12)
Barefoot branded bottle party poppers,
one (1) pack of ten (10) Barefoot branded
Bubbly crowns, and one (1) Holiday
cocktail recipe booklet.
16
Regional
Winners,
1 per
region
$297.34
4 One (1) trip to New York for New Year’s
Eve- Times Square Experience that
includes roundtrip airfare for winner and
guest, three (3) nights hotel stay, and two
(2) Times Square VIP Tickets.
1
National
Winner
$4,800*
5 One (1) instant camera, one (1) karaoke
machine, and two (2) Brumate Flutes.
4
National
Winners
$250.00
The total ARV of all the prizes to be awarded in this Sweepstakes is $13,266.24. Brumate,
KitchenAid and Polaroid are not associated with nor are sponsors of this Sweepstakes. Alcohol
is not included as part of any prize. 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.
Entry Period 4 prize will consist of a trip for winner and one (1) guest to New York for a New
Year’s Eve experience. Travel must occur on the dates specified by Sponsor. It will include
roundtrip airfare for winner and guest from a Sponsor-specified major airport nearest
winner’s residence to New York, three (3) nights standard hotel accommodations (single
room, double occupancy, room and tax only) at a hotel to be selected by Sponsor, two (2)
tickets the Time Square VIP New Year’s Eve experience. The ARV of the Entry Period 4 prize
is $4,800. *The ARV is subject to based on city of departure and other market conditions at
the time of prize fulfillment. Tickets to the New Year’s Eve experience are subject to the terms
set by the issuer. Alcohol is not included as part of any prize. Prize will be sent to address
provided by winner after winner is verified and returns the completed Affidavit and Release
and guest has completed a Travel Companion Affidavit and Release. No PO boxes permitted.
Sponsor and the Administrator are not responsible for any legal, or other restrictions on
winner’s use of the prize.
Prize winner and his/her guest (both aged 21 or older) must attend the trip on the date as
specified by Sponsor or Administrator. Guest must complete a Travel Companion Affidavit
and Liability Release Form and submit it to Sponsor or Administrator before the prize is
awarded. Failure to return the executed Travel Companion Affidavit and Release within the
specified time period may result in forfeiture of the trip for the Guest. Sponsor and the
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Administrator are not responsible for any legal, or other restrictions on winner’s use of the
prize, including without limitation travel details, transportation (including airline and ground
transportation), accommodations, and restrictions or conditions for travel. Winner is
responsible for any and all expenses and incidental travel costs not expressly stated herein as
part of the prize, including but not limited to, meals and beverages not specified as part of
the prize, in-room charges (e.g., mini-bar, room service, telephone, internet, movies),
gratuities, travel upgrades, baggage fees, travel insurance and personal incidentals. Winner
will be required to provide a valid major credit or debit card upon hotel check-in and all in-
room charges including but not limited to those defined above will be charged to winner’s
major valid credit or debit card provided.
Airline tickets and travel are subject to terms and conditions set forth in these Official Rules
and those set forth by selected travel providers. Sponsor, Administrator, and the Released
Parties are not responsible for any fees or additional charges resulting from winner’s
change(s) to itinerary or accommodations. Winner is solely responsible for obtaining all
necessary travel documents prior to travel and the associated costs for these requirements.
Sponsor, Administrator, and the Released Parties shall not be responsible for any
cancellations, delays, diversions or substitution or any act or omissions whatsoever by any air
carrier, hotel, or other transportation company or any other person providing any of these
services and accommodations. Sponsor, Administrator, and the Released Parties shall not be
liable for any loss or damage to baggage. 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. Winner will receive an IRS Form 1099-MISC for the ARV of the prize.
Sponsor cannot guarantee that prize winner and/or guest(s) will not become infected with
COVID-19 in connection with acceptance of the prize, which includes travel and sports
stadium attendance. Traveling could increase prize winner’s and/or guests’ risk of contracting
COVID-19. By participating in the prize, each of prize winner and guest(s) acknowledges the
contagious nature of COVID-19 and voluntarily assumes all risks that he/she may be exposed
to or infected by COVID-19 in connection with prize and that such exposure or infection may
result in personal injury, illness, permanent disability, and death. Prize winner and guest(s)
are solely responsible for taking any and all precautions to avoid contracting COVID-19. Prize
is subject to the terms of the issuer, which may require prize winner and guest to comply with
all the local regulations and rules at the time of the event, including potential governmental
and/or venue-mandated proof of COVID-19 vaccination, proof of negative PCR test, and/or
masking requirements.
Sponsor, Administrator, and the Released Parties shall not be responsible for any cancellation
or delay of flights or closure of local hotels, stadium, international travel restrictions, or any
reasons, including but not limited to, COVID-19.
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Travel Safety Advisory: Since travel and tourism are constantly changing, the winner and
guest(s) shall consult the U.S. State Department’s website at travel.state.gov regarding the
latest information concerning traveler safety, security, and health advisories and the Center
for Disease Control website for testing protocols https://www.cdc.gov/coronavirus/2019-
ncov/travelers/travel-during-covid19.html The winner and guest(s) are responsible for
checking the travel protocols before they depart and ensuring that they fully understand and
comply with any such protocols. For example, some destinations may require obtaining a
negative COVID-19 viral test a certain number of days before and upon return travel. The
Sponsor and Administrator shall not be responsible for any additional costs incurred for any
required test or any other pre-travel or post travel requirements.
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.
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
sending or submission will not be deemed to be proof of receipt by Sponsor and/or
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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 Sponsor or Administrator, and further agrees that all
prizes are awarded upon the condition that Sponsor, Administrator, and any of their
respective parent companies, subsidiaries, officers, directors, partners, 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
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
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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. 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.
11. 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.
12. OFFICIAL RULES/WINNERS LIST. For confirmation of the names (first initial and last name)
and the city of residence of the winners, or for a copy of the Official Rules, send an email
(must be received by 1/31/2022), to sweeps@apfco.com. Include the name of this
Sweepstakes “Celebrate with Us Sweepstakes” and specify “Official Rules” or “Winners List”
in the subject line. The Official Rules are also available at https://apfco.com/secure/K401s/.
©2021 Barefoot Cellars, Modesto, CA. All rights reserved.
ABBREVIATED RULES.
Page 11 of 11
Contract Administration-277433.1
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 12:00:00 AM CT on 11/1/2021 and ends at 11:59:59
PM CT on 12/31/21. There are two ways to enter: (1) QR Code: scan the QR code and follow the
instructions to complete and submit the entry form; (2) Website: visit
www.barefootwine.com/holidaysweeps and follow the instructions to complete and submit the
entry form. Subject to Official Rules. Official Rules available at https://apfco.com/secure/K401S/.
Sponsor: E. & J. Gallo Winery.