E & J Gallo Winery – E & J Brandy 2020 – Win consist of one E & J Holiday Prize Box

E. & J. Brandy 2020 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 E. & J. Brandy 2020 Sweepstakes (the “Sweepstakes”) will commence at 10:00:00 AM Pacific
Time (“PT”) on September 1, 2020 (“Start Date”) and end at 10:00:00 AM PT on December 31,
2020 (“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 eighteen (18) separate
entry pools, as set forth in the Entry Pool & Prize Chart in Section 3 below (each, an “Entry
Pool”). Entries submitted past the expiration of each Entry Pool date will not be accepted and
will be destroyed.
1. SPONSOR/ADMINISTRATOR. The Sweepstakes is sponsored by E. & J. Gallo Winery, 600
Yosemite Blvd., Modesto, CA 95354 (“Sponsor”). The Sweepstakes is administered by
Moosylvania, 7303 Marietta Ave, Maplewood, MO 63143 (“Administrator”), for Sponsor’s
E&J Brandy 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. TO ENTER. To enter the Sweepstakes, entrant must visit the website
www.thefamily.ejbrandy.com (“Website”) and complete the entry form during the
Sweepstakes Period to earn one entry (“Entry”). Limit one (1) entry per person/email
address per day per Entry Pool during the entire Sweepstakes Period.
To be eligible, the Entry must be in English. Your Entry must be received within the
Sweepstakes Period. Entries will not be acknowledged or returned. All entries must be
posted between 10:00:00 AM PT on the Entry Pool Start Date and 10:00:00 AM PT on the
Entry Pool End Date listed in the Chart below to be entered into that Entry Pool. An entry
that is sent after 10:00:00 AM PT on the Entry Pool End Date will be not be counted in that
Entry Pool and will be disqualified, and that entry attempt will not be eligible for the random
drawing.
Entry Pools: There will be a total of 18 Entry Pools. Your Entry must be received within the
Start and End Dates of an Entry Pool. Entries will not be acknowledged or returned.
Entry Pool Start Date of Entry
Pool 10:00:00 AM PT
End Date of Entry Pool
at 10:00:00 AM PT
Entry Pool 1 9/1/2020 9/6/2020
Entry Pool 2 9/7/2020 9/13/2020
Entry Pool 3 9/14/2020 9/20/2020
Entry Pool 4 9/21/2020 9/27/2020
Entry Pool 5 9/28/2020 10/4/2020
Entry Pool 6 10/5/3030 10/11/2020
Entry Pool 7 10/12/2020 10/18/2020
Entry Pool 8 10/19/2020 10/25/2020
Entry Pool 9 10/26/2020 11/1/2020
Entry Pool 10 11/2/2020 11/8/2020
Entry Pool 11 11/9/2020 11/15/2020
Entry Pool 12 11/16/2020 11/22/2020
Entry Pool 13 11/23/2020 11/29/2020
Entry Pool 14 11/30/2020 12/6/2020
Entry Pool 15 12/7/2020 12/13/2020
Entry Pool 16 12/14/2020 12/20/2020
Entry Pool 17 12/21/2020 12/27/2020
Entry Pool 18 12/28/2020 12/31/2020
Sponsor and/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.
Limit: one (1) Entry per person/email address per day per Entry Pool during the Sweepstakes
Period regardless of the method of Entry. Any person, who attempts to participate by using
multiple methods of Entry, 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 Administrator in its sole discretion.
Entries will be deemed to have been submitted by the authorized email account holder. The
authorized email account holder is defined as the natural person who is assigned to a
username by the email provider. You must enter using only an account registered in your
name. 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 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. Administrator may require an entrant to show proof of being the
authorized account holder. Sponsor or Administrator are not responsible for cellular carrier
or cell tower glitches or outages that result in the non-receipt of any entrant’s attempts.
Sponsor or Administrator are 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. Any
entrant who attempts to enter with multiple accounts or under multiple identities will be
disqualified and forfeits prize won, in Sponsor or Administrator’s sole discretion. Entries not
in compliance with these Official Rules may be disqualified in Sponsor or Administrator’s
sole discretion. Entries become the property of Sponsor.
4. WINNER SELECTION AND NOTIFICATION.
Winner Selection: There will be 36 total winners during the Sweepstakes Period. There will
be 2 winners during each Entry Pool. Winners will be determined by random drawing
conducted by Administrator on or about the end of each Entry Pool date as listed in the
chart below from among all eligible Entries. Non-winning entries will NOT roll over. 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
duration of the Sweepstakes Period.
Entry Pool
Random Drawing
to Occur On or
About
Entry Pool 1 9/7/2020
Entry Pool 2 9/14/2020
Entry Pool 3 9/21/2020
Entry Pool 4 9/28/2020
Entry Pool 5 10/5/2020
Entry Pool 6 10/12/2020
Entry Pool 7 10/19/2020
Entry Pool 8 10/26/2020
Entry Pool 9 11/2/2020
Entry Pool 10 11/9/2020
Entry Pool 11 11/16/2020
Entry Pool 12 11/23/2020
Entry Pool 13 11/30/2020
Entry Pool 14 12/7/2020
Entry Pool 15 12/14/2020
Entry Pool 16 12/21/2020
Entry Pool 17 12/28/2020
Entry Pool 18 1/6/2020
Winner Notification: Sponsor or Administrator will attempt to notify each potential winner
(“Potential Winner”) via direct message via entrant’s 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 36 prizes total; 2 prizes
per Entry Pool. Each prize will consist of one E. & J. Holiday Prize Box. Total ARV of each
prize is $45.00. Total ARV of all the prizes to be awarded in this Sweepstakes is $1,620.00.
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. 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.
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
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.
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. 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 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. OFFICIAL RULES/WINNERS LIST. For confirmation of the winners’ names (first initial, last
name) and city of residence or official rules, send an email to social@ejbrandyus.net by
February 5, 2021. Include the name of this Sweepstakes “E. & J. Brandy SOND 2020
Sweepstakes” and specify “Winners List” or “Official Rules” in the subject line.
© 2020 E&J DISTILLERY, 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 10:00:00 AM PT on 9/1/20 and ends at
10:00:00 AM PT on 12/31/20. To enter, visit www.thefamily.ejbrandy.com and follow the
instructions to submit your entry. To receive a copy of the Winners List or Official Rules, email
social@ejbrandyus.net with the name of this Sweepstakes “E. & J. Brandy SOND 2020
Sweepstakes” and either “Winners List” or “Official Rules Request” in the subject line. Sponsor:
E. & J. Gallo Winery.