E & J Gallo Winery – New Amsterdam Vodka Barstool Q3 Sweepstakes

NEW AMSTERDAM VODKA + BARSTOOL Q3 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 New Amsterdam Vodka + Barstool Q3 Sweepstakes (the “Sweepstakes”) will commence at
12:00:00 AM Pacific Time (“PT”) on July 5, 2022 (“Start Date”) and end at 11:59:59 PM PT on
September 26, 2022 (“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 Periods, as set forth in the Entry Period chart (“Chart”) 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 (“Sponsor”), and is administered by Moosylvania, 7303 Marietta Ave,
Maplewood, MO. 63143 (“Administrator”), for Sponsor’s New Amsterdam Vodka 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 via the Website, visit https://promotions.newamsterdamvodka.com/barstool/ (“Website”)
follow the instructions to complete and submit the Website entry. 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 PT on September 26, 2022 to be eligible for entry into the Sweepstakes.
Entry Periods: There will be a total of twelve (12) Entry Periods. Your Entry must be received within
the time and dates of an Entry Period.
Entry
Period
Start Date at
12:00:00 AM
End Date at
11:59:59 PM
1 7/5/22 7/11/22
2 7/12/22 7/18/22
3 7/19/22 7/25/22
4 7/26/22 8/1/22
5 8/2/22 8/8/22
6 8/9/22 8/15/22
7 8/16/22 8/22/22
8 8/23/22 8/29/22
9 8/30/22 9/5/22
10 9/6/22 9/12/22
11 9/13/22 9/19/22
12 9/20/22 9/26/22
Limit: one (1) Entry per person/email address during each Entry Period. All entries must be received
by 11:59:59 PM PT on the Entry Period End Date as described in the chart above to be eligible for that
Entry Period. An entry that is sent after 11:59:59 PM PT on September 26, 2022 will be disqualified,
and that entry attempt will not be eligible for the random drawing. 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. Entries become the property of Sponsor.
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 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.
4. WINNER SELECTION AND NOTIFICATION.
Winner Selection: There will be thirty-four (34) total winners during the Sweepstakes Period as
described in the chart below. Winners will be determined by random drawing conducted by
Administrator from among all eligible Entries on or about the date stated 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: one (1) winner per household.
Entry
Period
Number of
Winners
Drawing Date
1 3 7/12/2022
2 3 7/19/2022
3 3 7/26/2022
4 3 8/2/2022
5 3 8/9/2022
6 3 8/16/2022
7 3 8/23/2022
8 3 8/30/2022
9 3 9/6/2022
10 3 9/13/2022
11 3 9/20/2022
12 1 9/27/2022
5. Winner Notification: Sponsor or Administrator will attempt to notify each potential winner
(“Potential Winner”) via e-mail on or about the date described 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 and Release 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.
6. PRIZE(S) AND APPROXIMATE RETAIL VALUE (“ARV”). There will be thirty-four (34) Prizes. Each Entry
Period will have a separate prize as described in the chart below.
Entry
Period
Number
of Prizes
Prize Description ARV of Each
Prize
1 3 Gaming Prize Pack $100
2 3 Gaming Prize Pack $100
3 3 Gaming Prize Pack $100
4 3 Gaming Prize Pack $100
5 3 Gaming Prize Pack $100
6 3 Gaming Prize Pack $100
7 3 Gaming Prize Pack $100
8 3 Gaming Prize Pack $100
9 3 Gaming Prize Pack $100
10 3 Gaming Prize Pack $100
11 3 Gaming Prize Pack $100
12 1
Custom Skinned Arcade
Machine
$3,000
Total ARV of all the prizes to be awarded in this Sweepstakes is $6,300. 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. Winner will receive an IRS Form 1099-MISC for the ARV of the prize.
7. 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.
8. 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.
9. 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.
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.
10. 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.
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. 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.
13. OFFICIAL RULES/WINNERS LIST. For confirmation of the name (first initial and last name) and the city
of residence of the winner, or for a copy of the Official Rules, send an email (must be received by
10/31/2022), to sweeps@ejgallo.com. Include the name of this Sweepstakes “New Amsterdam Vodka
+ Barstool Q3 Sweepstakes” and specify “Official Rules” or “Winners List” in the subject line.
© 2022 New Amsterdam Spirits Company, 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 7/5/22 and ends at 11:59:59 PM PT on
9/26/22. To enter, visit https://promotIons.newamsterdamvodka.com/barstool/ and follow the
instructions to complete and submit the entry form. Subject to Official Rules. To receive a copy of the
Official Rules, send an email with the name of this Sweepstakes, “New Amsterdam Vodka + Barstool Q3
Sweepstakes” in the subject line and “Official Rules Request” to sweeps@ejgallo.com. Sponsor: E. & J.
Gallo Winery.