Wine Amplified Text-to-Win Sweepstakes

OFFICIAL RULES

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE ODDS OF WINNING. OPEN TO LEGAL RESIDENTS OF ALABAMA; ARIZONA; ARKANSAS; CALIFORNIA; COLORADO; CONNECTICUT; DELAWARE; DISTRICT OF COLUMBIA; FLORIDA; GEORGIA; IDAHO; ILLINOIS; INDIANA; IOWA; KANSAS; KENTUCKY; LOUISIANA; MAINE; MARYLAND; MASSACHUSETTS; MINNESOTA; MISSISSIPPI; MISSOURI; MONTANA; NEBRASKA; NEW HAMPSHIRE; NEW JERSEY; NEW MEXICO; NEW YORK; NORTH CAROLINA; NORTH DAKOTA; OKLAHOMA; PENNSYLVANIA; RHODE ISLAND; SOUTH CAROLINA; SOUTH DAKOTA; TENNESSEE; TEXAS; VERMONT; VIRGINIA; WEST VIRGINIA; WISCONSIN; AND WYOMING WHO ARE AGED 21 AND OLDER. VOID WHERE RESTRICTED OR PROHIBITED.

The “Barefoot Wine Amplified Text-to-Win Sweepstakes” (the “Sweepstakes”) will commence at 12:00:00 AM Pacific Daylight Time (“PDT”) on July 1, 2015 (“Start Date”) and ends at 11:59:59 PM PDT on August 31, 2015 (“End Date”). The Start Date and End Date are collectively the “Sweepstakes Period”.

1.      SPONSOR/ADMINISTRATOR. The Sweepstakes is sponsored and administered by E. & J. Gallo Winery, 600 Yosemite Blvd., Modesto, CA 95354 (“Sponsor”).

2.      ELIGIBILITY. The Sweepstakes is open to legal residents of Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming who are 21 years of age or older as of the Start Date of the Sweepstakes.  VOID IN OTHER U.S. STATES, TERRITORIES AND POSSESSIONS AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.  Directors, officers, employees, licensees, distributors, agents and representatives of Sponsor, 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 (collectively, the “Sweepstakes Entities”), and the immediate families of such persons (defined as spouse, child, sibling, parent or grandparent or so-called “step” or “half” variations of any of the preceding individuals, regardless of where they live), and those living in their same households, whether or not related, are ineligible to enter, win or collect the prize in the Sweepstakes.  The Sweepstakes is subject to all applicable federal, state, and local laws, regulations, and ordinances.

3.      HOW TO PARTICIPATE.  NO PURCHASE NECESSARY. There are two (2) ways to enter the Sweepstakes:

Text Messaging:  To enter through the text messaging method of entry, Entrants must text one of “WINEAMPLIFIED to #44333 using a two-way text messaging capable device.  Sponsor will respond with a text message to verify the Entrant’s age.  Upon verification of Entrant’s age, Sponsor texts a request for Entrant’s zip code.  In response to Entrant’s text regarding his/her zip code, Sponsor texts a request regarding further email communications.  If Entrant allows further email communications, he/she will obtain an additional entry into the Sweepstakes.

Once Entrant has completed the foregoing, he/she will have earned an entry (an “Entry”) into the Sweepstakes.

Entrants who use text messaging to enter will be charged according to their carriers' standard messaging and data rates and entrants should contact their carriers for pricing details.  Check your owners' manual for specific text messaging instructions.  Text messaging may not be available through all wireless carriers.  Standard text messaging rates and Internet data rates may apply and Sweepstakes Entities are not responsible for any fees incurred by participating in this Sweepstakes.  All text messages must be received by 11:59:59 PM PDT on August 31, 2015. Text “STOP” to #44333 to stop.

E-Mail:  To enter via the email method of entry, Entrant must email one of the keywords above for the U.S. region in which the Entrant resides, along with Entrant’s complete name, address, telephone number, birth date and email address to the following email address: sweeps@barefootwine.com. E-Mail Entries must be received in the Administrator’s inbox by 11:59:59 PM PDT on August 31, 2015 to be eligible. Sponsor is not responsible for lost, late, tampered, damaged, or Entries that are lost or misdirected to any Junk folder or SPAM filter. All such Entries will be ineligible.

Limit one (1) Entry per person/email address/cellular number during the entire Sweepstakes Period regardless of the method of entry. Sweepstakes Entities will not acknowledge or confirm receipt of any Entries (except for extra Entry for opting in to receive additional email correspondence from Sponsor).  Sweepstakes Entities are not responsible for cellular carrier or cell tower glitches or outages that result in the non-receipt of any participants’ text-in entry attempts.  Sweepstakes Entities are not responsible for Text or E-Mail Entries that are garbled, corrupted, or otherwise unascertainable or incomprehensible.

Only one (1) individual cellular number or email address per Entrant may be used in connection with this Sweepstakes.  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.  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 is the Entrant, the authorized 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 Sponsor, will be deemed to be the Entrant.  The “authorized account subscriber” is defined as the natural person who is assigned the cellular telephone number (or email address) 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. Sweepstakes Entities may require an Entrant to show proof of being the authorized account holder.  Entrants may be required to indicate their acceptance to the Official Rules where indicated at the time of registration; 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 Sweepstakes Entities, 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 a total of eleven (11) Grand Prize Winners, one (1) from the Northeast region which includes the following states: Connecticut, District of Columbia, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont; four (4) from the Southern region which includes the following states: Arizona, Arkansas, Colorado, Kentucky, Louisiana, Mississippi, New Mexico, Oklahoma, and Texas; two (2) from the Southeast region which includes the following states: Alabama, Florida, Georgia, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia; two (2) from the Midwest region which includes the following states: Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming; and two (2) from California, determined by a random drawing conducted by Sponsor on or about September 4, 2015 from among all eligible Entries received. All decisions of Sponsor 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.

Winner Notification:  Sponsor will attempt to notify each potential Grand Prize Winner via e-mail/phone on or about September 10, 2015.  The potential Grand Prize Winners must respond within seven (7) days of notification attempt.  Failure to respond to notification within the stated time will result in forfeiture of the prize.  Awarding of any prize is subject to verification of potential Grand Prize Winner’s eligibility and full compliance with these Official Rules.  Each potential Grand Prize Winner will be required to complete, sign and return to Sponsor an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and Release”) within three (3) days of receiving the Affidavit and Release. Failure to return the signed Affidavit and Release within three (3) days following the date of delivery thereof may result in forfeiture of the prize.  If a potential Grand Prize Winner cannot be contacted as specified above, or if he/she 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’s sole discretion, the potential winner will be disqualified and an alternate winner may, at Sponsor’s sole discretion, be randomly selected in his/her place from among all remaining eligible Entries, time permitting.

5.      PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): 11 Grand Prizes: Each grand prize consists of: two (2) tickets to Wine Amplified in Las Vegas on October 9 and 10, 2015 (“Event”). Each grand prize includes: coach airfare for two (2) from a major airport nearest winner’s residence to Las Vegas, Nevada; two nights’ hotel accommodations (one room, double occupancy) and two (2) tickets to the Event.  ARV for each grand prize is $1,600, depending on residence of the Grand Prize Winners due to the airfare element of prize.  Winner and guest must be aged 21 or older.  An unclaimed or returned prize will not be awarded.  Notwithstanding the foregoing, Sponsor may, at its sole discretion, substitute cash or prizes of equal or greater monetary value. If any part of the prize becomes unavailable for any reason, Sponsor will not be responsible to award that part of the prize.  The grand prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the grand prize and all such expenses are the sole responsibility of the winners.  Winners are responsible for any hotel taxes and/or additional expenses.  Winners are 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 non-assignable, non-substitutable, and non-transferable. Notwithstanding the foregoing, Sponsor may, at its sole discretion, substitute cash or a prize of equal or greater monetary value. 

6.      GENERAL TERMS AND LIMITATIONS OF LIABILITY AND RELEASES: All Entries related to this Sweepstakes become the exclusive property of Sponsor and none will be acknowledged or returned.  By entering, Entrants agree that Sponsor may use that Entrant’s submission, 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.  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.  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 Sweepstakes Entities, or their respective designated agent, which are final and legally binding in all respects, and agrees to waive any right to claim any ambiguity in these Official Rules.  Sponsor reserves the right to modify or revise these Official Rules at any time and for any reason.  The Entrant also agrees to assume all risk of loss, damage, destruction, delay or misdirection of materials/mail submitted to or from Sponsor, and further agrees that the prize are awarded upon the condition that the Sweepstakes Entities or 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 shall be held harmless 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, in its sole discretion, without prior notice or obligation and at any time, to cancel, terminate or suspend this Sweepstakes, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, integrity, security, fairness or proper conduct of the Sweepstakes, or for any other reason, at their sole discretion.  In such event, Sponsor, at its discretion, may select winner from the eligible, non-suspect, eligible Entries fulfilling the applicable eligibility requirements prior to the event requiring such termination, cancellation or suspension.  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, software or telephone failures of any kind, traffic congestion in any cellular telephone lines, networks, or towers, or any combination thereof, lost network connections, incomplete, garbled or delayed text message 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 Sweepstakes Entities’ ability to receive or store Sweepstakes data, or which may damage a participant’s system in connection with the selected method of entry, or which may otherwise limit any participant’s ability to participate and/or redeem the prize in the Sweepstakes.  In the event that any participant’s entry attempt is not successfully received by Sweepstakes Entities, that participant’s sole remedy shall be to attempt to enter the Sweepstakes once again during the Sweepstakes Period.  Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Sweepstakes, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Sweepstakes. 

By accepting a prize, each Grand Prize Winner agrees that Sponsor may use that Grand Prize 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 Grand Prize Winner make any false statement(s) in any document referenced above, the Grand Prize Winner will be required to promptly return to Sponsor the awarded prize received.  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. 

7.    DISPUTE RESOLUTION: Except where prohibited, participants agree that: all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant(s), 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.  Participants 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 state court in Stanislaus County, California or in federal courts with jurisdiction over Stanislaus County, California and the participants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  EXCEPT WHERE PROHIBITED, BY PARTICIPATING IN THIS SWEEPSTAKES, THE PARTICIPANTS AGREE THAT: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR AWARDING OF THE PRIZE, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THIS SWEEPSTAKES BUT IN NO EVENT ATTORNEYS' FEES; AND (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES, ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

8.    PRIVACY:  Sweepstakes Entities and their 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://barefootwine.com/privacy-policy.

9.    WINNER NAMES AND OFFICIAL RULES: For the winners’ names (first initial, last name) and cities of residence and/or a copy of these Official Rules, send a self-addressed stamped envelope to:  E. & J. Gallo “Barefoot Wine Amplified Text-to-Win Sweepstakes,” 600 Yosemite Blvd., Modesto, CA 95354. All requests for the rules must be post-marked by August 31, 2015 and received by September 7, 2015 and all requests for the winners’ list must be received by September 30, 2015.

10.  SPONSOR/ADMINISTRATOR: E. & J. Gallo Winery, for its Barefoot Wine & Bubbly brand, 600 Yosemite Blvd., Modesto, CA 95354.

© 2015 Barefoot Cellars, Modesto, CA. All rights reserved.

 

ABBREVIATED RULES FOR POS

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Open to legal residents of Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming who are 21 and older only. Void where prohibited. Starts at 12:00:00 AM PDT on 7/1/2015 and ends at 11:59:59 PM PDT on 8/31/2015. Message/Data rates may apply. Subject to official rules available at http://bit.ly/BarefootWineAmplified or at participating locations or by sending a self-addressed stamped envelope to:  “Barefoot Wine Amplified Text-to-Win Sweepstakes,” 600 Yosemite Blvd., Modesto, CA 95354.