E & J Gallo Winery – Rumhaven Spring/summer 2020 Sweepstakes

RumHaven Spring/Summer 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 RumHaven Spring/Summer 2020 Sweepstakes (the “Sweepstakes”) will commence at 10:00:00 AM Pacific
Time (“PT”) on May 1, 2020 (“Start Date”) and end at 10:00:00 AM PT on August 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 four (4) 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 RumHaven 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 www.paradise.rumhaven.com to find an optional quiz along with five (5) separate
prize options. Find the prize you wish to enter for a chance to win, select that prize, you may choose to
complete the quiz or not, then submit the online entry form associated with that prize to enter (the “Entry”).
Limit of one (1) entry per the Entry Pool per day. All entries must be posted by 10:00:00 AM 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 10:00:00
AM PT on August 31, 2020 will be disqualified, and that entry attempt will not be eligible for the random
drawing.
To be eligible, the Entry must be in English. Your Entry must be received within an Entry Pool. Entries 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 4 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.
Entry Pool Start Date of Entry Pool
at 10:00:00 AM PT
End Date of Entry Pool
as 10:00:00 AM PT
Entry Pool 1 5/1/2020 5/31/2020
Entry Pool 2 6/1/2020 6/30/2020
Entry Pool 3 7/1/2020 7/31/2020
Entry Pool 4 8/1/2020 8/31/2020
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 20 total winners during the Sweepstakes Period. There will be 5 winners
during each Entry Pool. 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 8/3/2020
Entry Pool 4 9/1/2020
Winner Notification: Sponsor or Administrator will attempt to notify each potential winner (“Potential
Winner”) via e-mail to entrant’s email account. The 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. Sponsor is not responsible for email
notifications that are undeliverable or direct messages not received.
5. PRIZE(S) AND APPROXIMATE RETAIL VALUE (“ARV”). There will be 20 prizes; 5 prizes per each Entry Pool.
Each Entry Pool will contain 1 each of the prizes described below.
Prize Description ARV of Each
Prize
1 Jungle Bird Themed Cocktail Box $45.00
1 Colada Themed Cocktail Box $45.00
1 Tide Turner Themed Cocktail Box $45.00
1 Mai Tai Themed Cocktail Box $45.00
1 Mojito Themed Cocktail Box $45.00
The total ARV of the prizes to be awarded in this Sweepstakes is $900.00 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, 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. 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 winner’s name (first initial, last name) and city of
residence, or a copy of the Official Rules, send an email to Jessica.Kaiser@moosylvania.com. Include the
name of this Sweepstakes “RumHaven Spring/Summer 2020 Sweepstakes” and specify either “Winners List”
or “Official Rules” in the subject line.
Caribbean Rum with Coconut Liqueur, Alcohol 21% by Volume (42 Proof), ©2019 Grande Antilles Cane Spirits,
Hayward, 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 5/1/2020 and end at 10:00:00 AM on 8/31/2020. To enter, visit
www.paradise.rumhaven.com and submit your entry. To receive a copy of the Official Rules or the Winners List,
send an email with the name of this Sweepstakes, “RumHaven Spring/Summer 2020 Sweepstakes”, in the
subject line and Official Rules and/or Winners List to Jessica.kaiser@moosylvania.com. Sponsor: E. & J. Gallo
Winery.