RumChata Unusual Gift 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.
RumChata Unusual Gift Sweepstakes (the “Sweepstakes”) will commence at 10:00:00 AM Pacific
Time (“PT”) on November 3, 2022 (“Start Date”) and end at 10:00:00 AM PT on December 18,
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 five (5) separate entry
periods as set forth 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”). The Sweepstakes is administered by
Moosylvania, 7303 Marietta Ave, Maplewood, MO 63143 (“Administrator”), for Sponsor’s
RumChata 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. The Sweepstakes begins at 10:00:00 AM PT on November 3, 2022 and ends at
10:00:00 AM PT on December 18, 2022. To enter, entrant must visit www.rumchata.com
and follow the instructions to complete and submit the online entry form, (Entry”). Once
entrant has completed the foregoing, entrant will have earned one (1) Entry into the
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Sweepstakes. Entry must be received by 10:00:00 AM PT on December 18, 2022 to be
eligible for entry into the Sweepstakes.
To be eligible, the Entry must be in English. 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.
Entries will not be acknowledged or returned.
Limit: One (1) Entry per person/email per Entry Period. All entries must be submitted by
10:00:00 AM PT by the Entry Period End Date listed in the Chart below to be entered into
that Entry 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
Administrator in its sole discretion.
Entry Periods: There will be a total of four (4) Entry Periods. 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 10:00:00 AM PT on the end date of each respective Entry
Period. An entry that is sent after 10:00:00 AM PT on December 18, 2022 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 10:00:00 AM
PT
End Date of Entry Period
as 10:00:00 AM PT
Entry Period 1 11/3/22 11/7 /22
Entry Period 2 11/15/22 11/19/22
Entry Period 3 12/2/22 12/6/22
Entry Period 4 12/14/22 12/18/22
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
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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 65 total winners during the Sweepstakes Period as
described in the chart below. Winners will be determined by random drawing conducted by
Administrator on or about the end of each Entry Period date as listed in the chart below
from among all eligible Entries. Non-winning entries from any Entry Period will NOT roll over
to any subsequent Entry Period random drawings. 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: 1 winner per household.
Entry Period Random Drawing to
Occur on or About
Number of
Winners
Entry Period 1 11/14/22 35
Entry Period 2 11/28/22 25
Entry Period 3 12/13/22 4
Entry Period 4 12/26/22 1
Winner Notification: Sponsor or Administrator will attempt to notify each potential winner
(“Potential Winner”) via e-mail 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.
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5. PRIZE(S) AND APPROXIMATE RETAIL VALUE (“ARV”). There will be sixty-five (65) 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
Entry
Period 1
One (1) Mini Portable Fire Pit, one (1) Camper
Mug and one (1) Pack of Hot Chocolate
Powder.
35 $60
Entry
Period 2
One (1) Mini Portable Fire Pit, one (1)
Camper Mug, one (1) Pack of Hot Chocolate
Powder, and one (1) Bluetooth Tumbler mug
with Built-In Water Resistant Speaker.
25 $110
Entry
Period 3
One (1) Mini Portable Fire Pit, one (1)
Camper Mug, one (1) Pack of Hot Chocolate
Powder, one (1) Bluetooth Tumbler With
Built-In Water Resistant Speaker, and one (1)
Portable wireless Bluetooth Karaoke
Microphone.
4 $180
Entry
Period 4
One (1) Mini Portable Fire Pit, one (1) Camper
Mug, one (1) Pack of Hot Chocolate Powder,
one (1) Bluetooth Tumbler With Built-In Water
Resistant Speaker, one (1) Portable wireless
Bluetooth Karaoke Microphone, and one (1)
Portable Inflatable Tub.
1 $1,680
The total ARV of all the prizes to be awarded in this Sweepstakes is $7,250. Alcohol is not
included as part of any prize. City Bonfires and Bonaok are not associated with or a sponsor
of this Sweepstakes. 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 may receive an IRS Form 1099-MISC for the ARV of the prize.
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,
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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
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, Facebook, Instagram,
Twitter 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
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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
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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. 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.
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. WINNERS LIST/OFFICIAL RULES. For confirmation of the winners’ names (first initial, last
name) and city of residence, or for a copy of these official rules, send an email to
social@rumchatabrand.com (email must be received by January 18, 2023). Include the name
of this Sweepstakes “RumChata Unusual Gift Sweepstakes” and specify either “Winners List”
or “Official Rules” in the subject line.
Caribbean Rum with Real Dairy Cream, Natural & Artificial Flavors, Alcohol 14% by Volume (28
Proof), ©2022 Midwest Custom Bottling, Pewaukee, WI. 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 11/3/22 and ends at
10:00:00 AM PT on 12/18/22. To enter visit www.rumchata.com and follow the instructions to
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, “RumChata Unusual Gift Sweepstakes” in the
subject line and “Official Rules Request” to social@rumchatabrand.com Sponsor: E. & J. Gallo
Winery.
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