E. & J. Gallo Winery – Win 1 of 400 prize packs of 2 Wine Glasses each
LOUIS MARTINI CUSTOM CABERNET WINE GLASS BY RIEDEL® SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING THE SWEEPSTAKES.
SPONSOR: E. & J. GALLO WINERY, 600 Yosemite Blvd., Modesto, California 95354, for its Louis Martini Wine brand (“Brand”).
ELIGIBILITY: SWEEPSTAKES ENTRANTS MUST BE LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCEPT FOR UTAH) OR THE DISTRICT OF COLUMBIA AND AT LEAST 21 YEARS OLD AT TIME OF ENTRY TO BE ELIGIBLE. SWEEPSTAKES VOID IN UTAH, UNITED STATES TERRITORIES, OUTSIDE THE UNITED STATES, AND WHERE OTHERWISE PROHIBITED BY LAW. You may enter this Sweepstakes only as a natural person. Employees, officers and agents of Administrator, Sponsor, Sponsor’s alcoholic beverage distributors, wholesalers and retailers and each of their respective authorized licensees, retail licensees, wholesale licensees, each of their respective affiliates, agents, officers, employees, subsidiaries, vendors, advertising and promotion fulfillment and/or judging agencies (collectively, the “Related Entities”), and the immediate family members of each are not eligible to enter or win a prize in the Sweepstakes. For purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law and all lineal descendants, including those by adoption. Sweepstakes subject to all applicable federal, state, and local laws and regulations.
TWO WAYS TO ENTER: The Sweepstakes begins at 12:00:00 AM Eastern Time (“ET”) on March 1, 2019 and ends at 11:59:59 PM ET on June 30, 2019 (hereinafter, “Sweepstakes Period”). There are a total of four (4) Monthly Entry Periods (hereinafter, “Monthly Entry Period”) during the Sweepstakes Period as follows:
Monthly Entry Period
Monthly Entry Period Start Date
12:00:00 AM ET
Monthly Entry Period End Date 11:59:59 PM ET
Random Drawing Date
There are two methods of entry:
1) WIRELESS ENTRY: Via your wireless device, (i) Text keyword LOUISMARTINI to short code 313131 and you will receive a return SMS message that contains a designated link to the Official Online Entry Form; and (ii) Complete the Official Online Entry Form by submitting your complete name, mailing address including zip code (No P.O. Boxes allowed), a valid email address and birth date (i and ii defined as “Wireless Entry” or collectively defined as “Wireless Entries”). By texting keyword LOUISMARTINI to short code 313131, you will receive up to three (3) autodialed text messages regarding this Sweepstakes and you may receive additional autodialed text messages or phone calls if you are a winner as applicable. Standard data and message rates apply. Reply STOP to 313131 to STOP receiving text messages or text HELP to 313131 for HELP; OR 2) VIA THE INTERNET: To enter, (i) go to http://www.louismartini.com and access the Sweepstakes application; and (ii) complete and submit the Official Entry Form as presented and directed by providing your complete name, complete mailing address including zip code, a valid email address and your birth date (i and ii are defined as “Internet Entry” or collectively as “Internet Entries”).
Hereinafter, Wireless Entries and Internet Entries individually referred to as an “Entry” and collectively as “Entries”. If you are not 21 years or older at the time of entry, you will not be eligible to enter this Sweepstakes. The computer of the Sweepstakes application is the official time-keeping device of this Sweepstakes. You will need to have Internet
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SELECTION OF WINNERS/MONTHLY RANDOM DRAWINGS: One Hundred (100) winners will be selected from among all eligible Entries received during each of the four (4) Monthly Entry Periods for a total of four (4) Monthly Random Drawings. A total of four hundred (400) winners will be selected from among all four (4) Monthly Random Drawings. All Monthly Random Drawings will be conducted on dates stated in the chart above by Centra360, the (“Administrator”). Administrator will notify each potential prize winner by email or phone. Odds of winning depend on the number of eligible Entries received in a given Monthly Entry Period. Entries received in previous Monthly Entry Periods and not selected as a winner in a corresponding Monthly Random Drawing will not be rolled over into subsequent Monthly Drawings. Sweepstakes entrants agree to be bound by the decisions of the Sponsor and the Administrator, which are final and binding on all matters pertaining to this Sweepstakes. Non-compliance with any of these Official Rules (as determined by Administrator or Sponsor in its sole discretion) may result in disqualification, and if an entrant is disqualified, a prize is returned as undeliverable, or a prize winner declines his/her prize, the prize winner will be disqualified and that prize will be awarded to an alternate winner selected in a random drawing from among all remaining eligible Entries received during the corresponding Monthly Entry Period. Administrator and/or Sponsor are not responsible for fraudulent calls or emails made to entrants not by Administrator and/or Sponsor, or for any change of entrant’s email, telephone or mailing address.
FOUR HUNDRED (400) PRIZES: Each prize consists of two (2) Louis Martini Custom Cabernet Wine Glasses by Riedel®. The approximate retail value (“ARV”) of each prize: $30.00. Total ARV of all prizes: $12,000. Prize winners will be solely responsible for any and all federal, state, and local taxes on prize. Prizes cannot be substituted for cash, are not transferable and may not be bartered or sold. No prize substitutions allowed. In the event the prizes are not available for any reason, Sponsor reserves the right, at its sole discretion, to substitute a prize for equal or greater value. All prizes will be mailed to the selected winners’ mailing address as indicated on the Official Entry Form. All prizes will be delivered within four (4) to six (6) weeks from corresponding Random Drawing Date as stated in the chart above. Alcohol is not part of any prize. Limit one (1) prize per household.
TECHNICAL ISSUES: If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Administrator and/or Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Administrator reserves the right in its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Sweepstakes. If the Sweepstakes is terminated early, Sponsor reserves the right to select the prize winners in a random drawing from among all eligible Entries received up to the time of termination. The Administrator and/or Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Administrator and/or Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or Entry to be received by the Administrator and/or Sponsor due to technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes.
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CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of any Entry based on an email address, the Entry will be declared made by the Authorized Account Holder of the email address submitted at time of Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
GENERAL: The value of the prize set forth above represents Sponsor’s good faith determination of the approximate retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of the prize is more than the actual fair market value of the prize, the difference will not be awarded in cash or otherwise. The Sponsor reserves the right, in its sole discretion, at any time and at any stage of the Sweepstakes, to reject or disqualify any Entry that is deemed ineligible or for any reason that the Sponsor feels is necessary and/or appropriate, including without limitation, if that entrant has not complied with the Official Rules or has interfered, in Administrator’s sole opinion, with the proper conduct of the Sweepstakes. All decisions of the Administrator and/or Sponsor are final and binding in all aspects of the Sweepstakes. By participating, each entrant grants Sponsor a perpetual right to use his/her name, state of residence, image, likeness or comments for publicity purposes in connection with this Sweepstakes (including, without limitation, any post-Sweepstakes publicity) without additional notice or consent, and without payment of additional consideration, except where prohibited by law. By participating, entrant agrees on his/her behalf, and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, the “Releasing Parties”) to release, indemnify, defend, and hold harmless Administrator, Sponsor, Riedel®, the Related Entities, and any advertising and promotional agencies or entities involved in the administration or advertising of this Sweepstakes as well as the respective employees, officers, directors and agents of each (“Released Parties”) from any and all actions, causes of actions, suits, or liability whatsoever for loss, harm, damage, injury, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, costs or expense whatsoever (including without limitation, property damage, personal injury and/or death) which may occur in connection with (i) participation in the Sweepstakes, (ii) entrant’s conduct in submitting his/her Entry, (iii) violation of these Official Rules, (iv) possession, acceptance, participation in, use or misuse of any element of the prize, or (v) Released Parties’ use of any rights granted herein, and for any claims based on publicity rights, defamation or invasion of privacy or alleged breach of entrant’s representations and warranties herein. The Released Parties shall not be liable for: (1) late, lost, delayed, postage-due, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Entries, (2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (3) data corruption, theft, destruction, unauthorized access to or alteration of an Entry or other materials; (4) broken wine glasses, or any injuries, losses or damages of any kind caused by the participation in the Sweepstakes or the prize; (5) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes; or (6) any unauthorized use of Entries by third parties. The Administrator and/or Sponsor disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with the Sweepstakes. The Administrator may disqualify any entrant if, in its sole discretion, it determines s/he is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other entrants, the Administrator, or the Sponsor or its representatives. The Administrator and/or Sponsor shall not be responsible if the Sweepstakes or prize fulfillment cannot be implemented or does not take place for any reason including delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, including without limitation, or for any reason outside of the Sponsor’s control.
CHOICE OF LAW: Any and all legal actions or claims arising out of or relating to the Sweepstakes, the prizes, or these Official Rules must be brought in a state court of competent jurisdiction within Stanislaus County, California or a federal court of competent jurisdiction within Fresno, California, and the terms of the Sweepstakes, these Official Rules and any
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such dispute, will be governed by the laws of the State of California without giving effect to any principles of conflict of laws. As a condition of participating in the Sweepstakes, each entrant agrees that any and all disputes, claims, and causes of action arising out of or relating to the Sweepstakes, shall be resolved individually, without resort to any form of class action. ANY CLAIMS OR ACTIONS BY ANY ENTRANT (WHETHER BASED ON NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHERWISE), JUDGMENTS AND/OR AWARDS IN FAVOR OF ANY ENTRANT, ARISING OUT OF THE SWEEPSTAKES OR THESE OFFICIAL RULES SHALL BE LIMITED TO ACTUAL REASONABLE OUT-OF-POCKET COSTS OF SUCH ENTRANT ASSOCIATED WITH ENTERING THE SWEEPSTAKES. BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT HEREBY IRREVOCABLY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES (OTHER THAN ENTRANT’S REASONABLE ATTORNEY’S FEES ASSOCIATED WITH PARTICIPATING IN SUCH DISPUTE), INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHERWISE. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation of entrants. Each entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing releases are hereby irrevocably waived. Each entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”. The entrant’s releases hereunder are intended to apply to all claims, whether known or unknown or not suspected to exist.
WINNERS LIST/OFFICIAL RULES: To obtain the names of the prize winners (available after July 31, 2019), or a copy of the Official Rules, send a self-addressed, stamped #10 envelope before July 15, 2019 to: Louis Martini Custom Cabernet Wine Glass by Riedel® Sweepstakes, c/o Centra360, 1400 Old Country Road, Suite 420, Westbury, NY 11590. VT residents may omit return postage. Please specify “Winner List” or “Official Rules” on the outer envelope.
ADMINISTRATOR: Centra360, 1400 Old Country Road, Suite 417, Westbury, NY 11590
© 2019 Louis Martini Winery, St. Helena, CA. All Rights Reserved
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