AVP Spritzer Season Contest
This Sweepstakes is intended for legal residents of the 50 United States (excluding Utah) and the District of Columbia only. 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.
ELIGIBILITY REQUIREMENTS: The “Barefoot & Volleyball Spritzer Season” Sweepstakes (“Sweepstakes”) is open to legal residents of the 50 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. Employees of E. & J. Gallo Winery (“Sponsor”), its subsidiaries, affiliates, its participating advertising and promotion agencies, and any alcoholic beverage distributors, authorized licensees, retail licensees, or wholesale licensees and Immediate Family Members of each such employee, are not eligible to enter. “Immediate Family Member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and all descendants, and each of their respective spouses. Void where prohibited.
TO ENTER: The Sweepstakes begins on May 22, 2015 and ends on September 13, 2015. There are eight (8) entry periods (each an “Entry Period” and collectively, the “Entry Periods”). To enter the Sweepstakes, you must guess the number of beach balls in the Barefoot water cooler or wine bottle (the “Guess”). Entries not in compliance with these Official Rules may be disqualified in Sponsor’s sole discretion. Entries become the property of Sponsor. Limit: one (1) entry per person/household. The Entry Periods are as follows:
Entry Period |
Entry Date and Time |
Location |
Text Message Entry and In-Person Entry Received by Date and Time |
Entry Period #1 |
May 22 and 23, 2015, each day from 9:00:00 am Central Time (“CT”) to 4:59:59 pm CT and May 24, 2015 from 10:00:00 am to 2:59:59 pm CT |
New Orleans, Louisiana |
May 24, 2015 at 2:59:59 pm CT |
Entry Period #2 |
June 15, 2015 through June 20, 2015, each day from 9:00:00 am Eastern Time (“ET”) to 4:59:59 pm ET and June 21, 2015 from 10:00:00 am to 2:59:59 pm ET |
St. Petersburg, Florida |
June 21, 2015 at 2:59:59 pm ET |
Entry Period #3 |
July 17 and 18, 2015, each day from 9:00:00 am ET to 4:59:59 pm ET and July 19, 2015 from 10:00:00 am to 2:59:59 pm ET |
New York, New York |
July 19, 2015 at 2:59:59 pm ET |
Entry Period #4 |
August 7 and 8, 2015, each day from 9:00:00 am Pacific Time (“PT”) to 4:59:59 pm PT and August 9, 2015 from 10:00:00 am to 2:59:59 PT |
Seattle, Washington |
August 9, 2015 at 2:59:59 PT |
Entry Period #5 |
August 14 and 15, 2015, each day from 9:00:00 am PT to 4:59:59 pm PT and August 16, 2015 from 10:00:00 am to 2:59:59 PT |
Manhattan Beach, California |
August 16, 2015 at 2:59:59 PT |
Entry Period #6 |
August 28 and 29, 2015, each day from 9:00:00 am CT to 4:59:59 pm CT and August 30, 2015 from 10:00:00 am to 2:59:59 pm CT |
Chicago, Illinois |
August 30, 2015 at 2:59:59 pm CT |
Entry Period #7 |
September 4 and 5, 2015, each day from 9:00:00 am ET to 4:59:59 pm ET and September 6, 2015 from 10:00:00 am to 2:59:59 pm ET |
Cincinnati, Ohio |
September 6, 2015 at 2:59:59 pm ET |
Entry Period #8 |
September 11 and 12, 2015, each day from 9:00:00 am PT to 4:59:59 pm PT and September 13, 2015 from 10:00:00 am to 2:59:59 PT |
Huntington Beach, California |
September 13, 2015 at 2:59:59 PT |
There are two (2) ways to enter the Sweepstakes.
Text Messaging: To enter through the text messaging method of entry, (i) text the keyword “Spritzer” to short code 44333 using a two-way text messaging capable device; (ii) go to the Barefoot Spritzer microsite (“Website”) (link provided in a reply text); and (iii) enter your Guess on Website. Once Entrant has completed the foregoing, he/she will have earned one (1) entry (an “Entry” or collectively, the “Entries”) 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 Sponsor is not responsible for any fees incurred by participating in this Sweepstakes. All text messages must be received by the dates and times specified in the above chart. Text “STOP” to 44333 to stop.
In-Person: To enter via the in-person method of entry, Entrant must complete the entry form provided by Sponsor. Entries must be received by the dates and times specified in the above chart. Sponsor is not responsible for lost, late, illegible, postage due, tampered, damaged or destroyed Entries and all such Entries will be ineligible.
Limit one (1) Entry per person/cellular number, regardless of the method of entry. Sponsor and/or Administrator will not acknowledge or confirm receipt of any Entries. Sponsor is not responsible for cellular carrier or cell tower glitches or outages that result in the non-receipt of any participants’ text-in entry attempts. Sponsor is not responsible for Entries that are garbled, corrupted, or otherwise unascertainable or incomprehensible.
Only one (1) individual cellular number per entrant may be used in connection with this Sweepstakes. Any person, who attempts to participate by using multiple cellular numbers, 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 an Entry corresponds to, the authorized subscriber of the cellular account used to enter the Sweepstakes 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 assigning cellular telephone numbers for the cellular telephone network associated with the cellular phone number used to enter the Sweepstakes. Sponsor 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 Sponsor, 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.
PRIZE/ODDS OF WINNING: Eight (8) Grand Prizes: “Spritzer Season” Survival Kit: Barefoot branded items, including towels, water bottles, and other branded items. Approximate retail value (“ARV”) of each Grand Prize is $61. Total ARV is $488. The odds of winning the prize depend on the number of eligible entries received.
WINNER SELECTION AND NOTIFICATION: There will be a total of eight (8) Grand Prize Winners. One (1) Grand Prize Winner for each Entry Period. The first entrant to submit the correct Guess will be deemed the Grand Prize Winner. In the event more than one (1) entrant submits the correct Guess (collectively, the “Tied Entrants”), the Grand Prize Winner will be selected in a Grand Prize Random Drawing from among all Tied Entrants. In the event none of the Entries submitted includes the correct Guess, the entrant with the closet Guess without going over will be deemed the Grand Prize Winner. The Grand Prize Winner for each Entry Period will be selected on the following dates:
Entry Period |
Winner to be Selected on or Around |
Winner to be Notified on or Around |
Entry Period #1 |
June 1, 2015 |
June 1, 2015 |
Entry Period #2 |
June 24, 2015 |
June 24, 2015 |
Entry Period #3 |
July 22, 2015 |
July 22, 2015 |
Entry Period #4 |
August 12, 2015 |
August 12, 2015 |
Entry Period #5 |
August 19, 2015 |
August 19, 2015 |
Entry Period #6 |
September 2, 2015 |
September 2, 2015 |
Entry Period #7 |
September 9, 2015 |
September 9, 2015 |
Entry Period #8 |
September 16, 2015 |
September 16, 2015 |
Sponsor’s decisions regarding the outcome of the drawings and all other Sweepstakes matters are final and binding. The Potential winner will be contacted by email on or around the date specified above. The potential prize winner will be notified by email and requested to confirm his/her eligibility, including that the entrant is at least age 21, within forty-eight (48) hours of the date the notification was sent, via return email. If prize notification or prize is returned as undeliverable, if potential winner does not reply to the initial email within forty-eight (48) hours for any reason, if potential winner is found ineligible, if potential winner cannot accept or receive the prize for any reason within the time frame specified, or if potential winner is not in compliance with these Official Rules, the corresponding prize will be forfeited and an alternate winner may be selected in a separate random drawing. The potential winner must sign and return, within forty-eight (48) hours of the date of the notice or attempted notice, an Affidavit of Eligibility and Liability/Publicity Release in order to claim the prize, otherwise the potential winner will be disqualified and an alternate winner may be selected. Prize will be sent to the address provided by winner within 4-6 weeks of winner being verified. No PO boxes permitted. Winner is responsible for all federal, state, local and income taxes associated with winning the prize. Sponsor is not responsible for any change in account information, email address, mailing address and/or telephone number of entrants.
GENERAL CONDITIONS: Winner is solely responsible for any federal, state and local taxes on prize. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize will be permitted. By participating, entrants agree to these Official Rules, which are final and binding in all respects. If prize is not properly claimed, it may not be awarded. If prize cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. 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, terminate or modify the Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or the operation of the Sweepstakes or who enters using any automatic or programmed entry duplication method that is prohibited under these rules.
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. By participating in the Sweepstakes, each entrant agrees to release, indemnify, and hold harmless, Sponsor, Administrator, as well as each of their respective parent companies, subsidiaries, owners, officers, directors, employees, and agents, from any and all claims, damages or liabilities of any kind, including without limitation attorneys’ fees and any lost profits and including without limitation any liability for injuries, including death, losses or damages of any kind to persons or property, arising out of, relating to, or resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes, and/or from acceptance, possession, misuse or use of a prize.
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.
Except where prohibited, by accepting a prize, winner grants Sponsor and those acting under its authority permission to use his/her name, photograph, voice and/or likeness, image, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in any and all media now known or hereafter discovered, worldwide, and on the Internet, without notice, review or approval.
GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to the conflict of laws rules thereof. Entrants consent to jurisdiction and venue in, and agree that any claims or disputes shall be resolved exclusively in, the federal and state courts located in Stanislaus County, California.
Sweepstakes is subject to Sponsor’s privacy policy located at: http://www.barefootwine.com/privacy-policy
WINNERS LIST: For confirmation of the winners’ name (first initial, last names) and cities of residence, send a self-addressed, stamped envelope to the Administrator at the address below, include the name of this Sweepstakes, by October 31, 2015.
SPONSOR: E. & J. Gallo Winery for its Barefoot Wine & Bubbly brand, 600 Yosemite Blvd, Modesto, CA 95354
ADMINISTRATOR: E. & J. Gallo Winery, 600 Yosemite Blvd, Modesto, CA 95354
© 2015 Barefoot Cellars, Modesto, CA. All rights reserved.