E & J Gallo Winery – New Amsterdam Vodka NHL Ond – Win Form 1099-MISC for the ARV of the prize

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NEW AMSTERDAM VODKA NHL® OND SWEEPSTAKES
Official Rules
This Sweepstakes is intended for legal residents aged 21 or older of the United States
(excluding New Jersey and 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 NHL® OND Sweepstakes (the “Sweepstakes”) will commence at
12:00:00 AM Pacific Time (“PT”) on September 29, 2022 (“Start Date”) and end at 11:59:59
PM PT on January 3, 2023 (“End Date”). The period between the Start Date and End Date will
be referred to as the (“Sweepstakes Period”).
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 New Jersey and Utah) and the District of Columbia who are twenty-one (21) years
of age or older. VOID IN NEW JERSEY, 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, the National Hockey
League (“NHL”), its member clubs, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL
Enterprises B.V., NHL Interactive CyberEnterprises, LLC (the foregoing NHL entities
collectively, the “NHL Entities”) and any retail licensees, authorized licensees, wholesale
licensees, distributors, and each of their respective parent, sister, affiliates, subsidiaries,
advertising and promotional agencies, and all other corporations, partnerships, or other legal
entities or individuals associated with the development, administration, or fulfillment of this
Sweepstakes, and the immediate families of such persons (defined as spouse, child, sibling,
parent, son-in-law, daughter-in-law, grandparent, so-called “step” or “half” variations of any
of the preceding individuals, and all descendants and each of their respective spouses,
regardless of where they live), and those living in their same households, whether or not
related, are ineligible to enter, win or collect prizes in the Sweepstakes. The Sweepstakes is
subject to all applicable federal, state, and local laws, regulations, and ordinances.
3. TO ENTER. The Sweepstakes begins at 12:00:00 AM PT on September 29, 2022 and ends at
11:59:59 PM PT January 3, 2023. To enter the Sweepstakes, entrant must visit
https://promotions.newamsterdamvodka.com/NHL/ and follow the instructions to complete
and submit the online entry form. All submissions must be received by 11:59:59 PM PT on
January 3, 2023 to be eligible for entry into the Sweepstakes. Once entrant has completed the
foregoing, entrant will have earned one (1) entry (“Entry”) into the Sweepstakes.
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Sponsor and/or Administrator is not responsible for lost, late, incomplete, tampered or
damaged Entries or Entries that are lost or misdirected to any Junk folder or SPAM filter. All
such Entries will be ineligible. To be eligible, the Entry must be in English.
Limit: one (1) Entry per person/email address during the entire Sweepstakes Period. Any
person, who attempts to participate by using multiple cellular numbers, multiple email
addresses, multiple identities, or by using any device or artifice to participate in violation of
the terms stated in these Official Rules, may be disqualified by Sponsor in its sole discretion.
An Entry sent after 11:59:59 PM PT on January 3, 2023 will be disqualified, and that entry
attempt will not be eligible for the random drawing.
Any use of robotic, repetitive, automatic, programmed or similar participation methods or
agents will void such participation in the Sweepstakes. In the event of a dispute over who an
Entry corresponds to, the authorized account subscriber of the cellular account used to enter
the Sweepstakes or the authorized account subscriber or owner of the email address as of
the actual time that such information was received by Administrator, will be deemed to be
the entrant. The “authorized account subscriber” is defined as the natural person who is
assigned the cellular telephone number by the cellular telephone network associated with
the cellular phone number or by the Internet service provider associated with the email
address used to enter the Sweepstakes. Administrator may require an entrant to show proof
of being the authorized account holder. Sponsor and/or Administrator are not responsible
for cellular carrier or cell tower glitches or outages that result in the non-receipt of any
entrant’s Entry attempt. 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 one (1) winner during the Sweepstakes Period. Winner will
be determined by a random drawing conducted by Administrator on or about January 4, 2023
from among all eligible Entries. 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 cumulative number of eligible Entries received Limit: one
(1) winner per household.
Winner Notification: Sponsor or Administrator will attempt to notify the/each potential
winner (“Potential Winner”) via email on or about January 4, 2023. 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
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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.
5. PRIZE(S) AND APPROXIMATE RETAIL VALUE (“ARV”). There will be one (1) Grand Prize. The
Grand Prize will consist of a two (2) day All-Access VIP Experience for winner and guest (all
aged 21 and over) to the 2023 Honda NHL All-Star Weekend Events (“All-Star Weekend
Events”) scheduled for February 3 and February 4, 2023 in Sunrise, Florida. The Grand Prize
will include roundtrip airfare for winner and guest from a Sponsor-specified major airport
nearest winner’s residence to Sunrise, Florida, transfers to and from the airports, two (2)
nights standard hotel accommodations (single room, double occupancy, room and tax only)
at a hotel to be selected by Sponsor, two (2) tickets the 2023 Honda NHL All-Star Game, two
(2) tickets to the NHL All-Star Skills, and two (2) tickets to the New Amsterdam NHL All-Star
Party and NHL Fan Fair. Total ARV of the Grand Prize is $4,000. The ARV is subject to change
based on city of departure, and other market conditions at the time of prize fulfillment. Honda
and NHL are not associated with nor are sponsors of this Sweepstakes. Tickets to the 2023
Honda NHL All-Star Weekend Events are subject to the terms set by each respective 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 scheduled All-Star
Weekend Events on the date as specified by Sponsor or Administrator. Tickets cannot be
exchanged for any other scheduled game. Guest must complete a Travel Companion Affidavit
and 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 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. 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
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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. The Grand Prize Winner will receive an IRS Form 1099-MISC for the ARV of the prize.
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.
Sponsor cannot guarantee that prize winner and/or guest will not be exposed to or become
infected by COVID-19 in connection with acceptance of the prize, which includes travel and
sports arena attendance. By participating in the prize, each of prize winner and guest
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 are solely responsible for taking 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 and security, fan conduct, safety and
health requirements and policies put in place by the NHL and its affiliates and subsidiaries, and
the sports arena, the airline, which may include a requirement that ticket holders provide proof
of COVID-19 vaccination, proof of negative PCR test, and/or adhere to masking requirements.
Sponsor, Administrator, and the Released Parties shall not be responsible for any
cancellation or delay of flights, closure of local hotels or arena, cancellation or reschedule of
the 2023 Honda NHL All-Star Weekend Events, or any reasons, including but not limited to,
COVID-19.
Travel Safety Advisory: Since travel and tourism are constantly changing, the winner and guest
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 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.
TRIP TERMS: Advanced reservations required. All other expenses (including, without limitation,
ground transportation other than listed above, personal expenses (optional excursions, spa
treatments, souvenirs), telephone charges, meals and beverages, and all federal, state and
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local taxes (including applicable income taxes)) and fees incurred are the winner’s/guest’s sole
responsibility. The winner will be responsible for applicable taxes and fees. Trip is subject to
availability; restrictions and blackout dates apply. Trip is non-transferable, non-refundable and
cannot be exchanged for cash. The winner is responsible for tax and fuel costs, and winner and
guest must each be at least 21 years old with a REAL ID-compliant driver’s license, photo ID
card, or another form of federally-acceptable identification (such as a valid passport or military
ID) to redeem the prize. Additional air carrier baggage charges are the responsibility of the
traveling passenger. Any optional service fees including seat selection, meals, and drinks are
not included and are the responsibility of the traveling passenger. It is the traveler’s
responsibility to provide proper documentation.
6. EVENT CONDUCT. Winner and his/her guest conduct will be under the supervision of Sponsor
or Administrator and its event representatives (“Event Staff”) whose decisions are final and
binding in all aspects relating to the event. Winner and his/her guest may be removed from
event premises at the sole discretion of the Sponsor, Administrator, or Event Staff for any
reason at any time, including but not limited to the advice of the Event Staff, creating an
unauthorized disturbance, interruption or unnecessarily rough physical contact, or for any
unhealthy, unlawful, unsafe, or inappropriate act. If winner or guest who in the opinion of
the Sponsor, Administrator, or Event Staff is considered a physical or mental threat to the
well-being of any person, he/she may be removed from the event premises. Any act
performed by winner or guest defined by federal, state or local statute or ordinance as
constituting a criminal act may result in removal from event premises. At the sole discretion
of the Sponsor, Administrator, and Event Staff, if winner or guest uses profanity, or
demonstrates any lewd or sexually-suggestive gestures or full or partial nudity, the Sponsor,
Administrator and/or Event Staff shall have the right to remove that individual from event
premises. At the sole discretion of the Sponsor, Administrator and Event Staff, if winner or
guest creates the potential for death, disability, injury and/or property damage during the
event, the Sponsor, Administrator and/or the Event Staff, shall have the right to remove that
individual from event premises.
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.
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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, the NHL Entities, 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
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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 winner’s
name, city and/or state 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. 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. 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.
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13. WINNERS LIST AND OFFICIAL RULES. For the name (first initial and last name) and city of
residence of the winner and/or a copy of these Official Rules (must be received by 2/28/2023),
send an email to info@newamsterdampromotions.com. Include the name of this
Sweepstakes “New Amsterdam Vodka NHL OND Sweepstakes” and specify either “Winners
List” or “Official Rules” 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 New Jersey and Utah) and the District of
Columbia who are 21 or older. Void where prohibited. Starts at 12:00:00AM PT on 9/29/22 and
ends at 11:59:59PM PT on 1/3/23. To enter, visit
https://promotions.newamsterdamvodka.com/NHL/, complete and submit your entry. Subject to
Official Rules. To receive a copy of the Official Rules, send an email with the name of this
Sweepstakes, New Amsterdam Vodka NHL OND Sweepstakes” in the subject line and “Official
Rules Request” to info@newamsterdampromotions.com. Sponsor: E. & J. Gallo Winery.