E & J Gallo Winery – E & J Brandy Shelf Sweepstakes

E. & J. BRANDY SHELF 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 Shelf Sweepstakes (the “Sweepstakes”) will commence at 12:00:00 AM Pacific
Time (“PT”) on 5/1/2020 “Start Date”) and end at 11:59:59 PM PT on 1/31/2021 (“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 twelve (12) separate entry pools, as
set forth in the Entry Pool & Prize Chart (“Chart”) in Section 3 below (each, an “Entry Pool”).
Entries submitted past the expiration of each Entry Pool date will not be accepted.
1. SPONSOR/ADMINISTRATOR. The Sweepstakes is sponsored by E. & J. Gallo Winery, 600
Yosemite Blvd., Modesto, CA 95354 (“Sponsor”). 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, visit thefamily.ejbrandy.com (“Website”) and comment on the blog
post on the Website’s “E&J Shelf” page for that Entry Pool (“Entry”). Winners will be drawn
randomly from those comments. Limit of one (1) entry per Entry Pool per day. All entries
must be posted by 11:59:59 PM PT by the Entry Pool End Date listed in the Chart below to
be entered into that Entry Pool. An entry that is sent after 11:59:59 PM PT on January 31,
2021 will be disqualified, and that entry attempt will not be eligible for the random drawing.
To be eligible, the Entry must be in English. Posts or comments that are not visible to
Sponsor or Administrator will not be entered into the Sweepstakes. Limit: (1) Entry per
person/email address per day. Entries will not be acknowledged or returned. Entries
become the property of Sponsor upon posting.
Entry Pools: There will be a total of 12 Entry Pools. Your Entry must be received within the
dates of an Entry Pool. Entries will not be acknowledged or returned. Entries become the
property of Sponsor upon posting.
All decisions of Sponsor and 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: one (1) winner per household across all
Entry Pools.
Entries will be deemed to have been submitted by the authorized email account holder. The
authorized account holder is defined as the natural person who is assigned to an email. You
must enter using only an account registered in your name. The potential winner may be
required to provide Administrator with proof that he/she is the authorized account holder
of the account associated with the winning Entry. Entries that have been generated by a
script, macro, bot or any other automated means will be deemed void. Entrants may not
create or enter with multiple accounts. 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.
4. WINNER SELECTION AND NOTIFICATION.
Winner Selection: There will be 35 winners during the Sweepstakes Period. Winners will be
determined by random drawing conducted from among all eligible Entries by Administrator
on or about the end of each Entry Pool date as listed in the chart below. Non-winning
entries from any Entry Pool will NOT roll over to any subsequent Entry Pool 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
duration of the Sweepstakes.
Entry Pool Random Drawing to Occur
On or About
Entry Pool 1 6/1/2020
Entry Pool 2 7/1/2020
Entry Pool 3 8/1/2020
Entry Pool 4 9/1/2020
Entry Pool 5 10/1/2020
Entry Pool 6 11/1/2020
Entry Pool 7 12/1/2020
Entry Pool 8 1/1/2021
Entry Pool 9 2/1/2021
Winner Notification: Sponsor or Administrator will attempt to notify each potential winner
(“Potential Winner”) via phone. The Potential Winner will be notified 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 22 prizes during the
Sweepstakes Period. Quantity and type of Prize will differ depending on the Entry Pool. The
number and description of each prize is described below.
Entry Pool Prize Description ARV of Each Prize
Entry Pool 1 Jugrnaut Towel $20.00
Entry Pool 2 Coogie Fanny Pack & Hat $90.00
Entry Pool 3 Coogie Basketball Jersey & Shorts $220.00
Entry Pool 4 Jammy Pack $45.00
Entry Pool 5 Coogie T-Shirt $7.00
Entry Pool 6 VSOP Socks & Coaster $20.00
Entry Pool 7 Coogie Hoodie $45.00
Entry Pool 8 Boomcase Barrel Speaker $300.00
Entry Pool 9 Jugrnaut Winter Beanie $20.00
Total ARV of the prize(s) to be awarded in this Sweepstakes is $1,309.00. Coogie, Boomcase,
and Jugrnaut are not associated with or a sponsor 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.
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. WINNERS LIST. For confirmation of the winner’s names (first initial, last name) and city of
residence, send an email to jessica.kaiser@moosylvania.com (must be received by
3/31/2021). Include the name of this Sweepstakes “E. & J. Brandy Shelf Sweepstakes” and
specify “Winners List” in the subject line.
©2020 E. & J. Distillers, 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 12:00:00 AM PT on 04/9/20 and ends at
11:59:59 PM PT on 1/31/21. To enter, visit thefamily.ejbrandy.com and submit your entry on the
“E. & J. Shelf” page. To receive a copy of the Official Rules or the Winners List, send an email
with the name of this Sweepstakes “E. & J. Brandy Shelf Sweepstakes”, in the subject line and
Official Rules and/or Winners List to Jessica.kaiser@moosylvania.com. Sponsor: E. & J. Gallo
Winery.