The Apothic Take A Sip, Win A Trip Sweepstakes Official Rules
This Sweepstakes is intended for legal residents aged 21 or older of the United States (excluding New Jersey, Utah and Virginia) 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 Apothic Take A Sip, Win A Trip Sweepstakes (the “Sweepstakes”) will commence at 12:00:00 AM Eastern Time (“ET”) on January 1, 2024 (“Start Date”) and end at 11:59:59 PM ET on March 31, 2024 (“End Date”). The period between the Start Date and End Date will be referred to as the (“Sweepstakes Period”).
1. SPONSOR/ADMINISTRATOR. The Sweepstakes is sponsored by E. & J. Gallo Winery, 600 Yosemite Blvd., Modesto, CA 95354 (“Sponsor”) The Sweepstakes is administered by Arrowhead Promotion & Fulfillment Co., 1105 SE 8th Street, Grand Rapids, MN 55744 (“Administrator”), for Sponsor’s Apothic brand (“Brand”).
2. ELIGIBILITY REQUIREMENTS. The Sweepstakes is open to legal residents of the United States (excluding New Jersey, Utah and Virginia) and the District of Columbia who are 21 years of age or older. VOID IN NEW JERSEY, UTAH, VIRGINIA AND 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 Apothic Take A Sip, Win A Trip Sweepstakes (“the Sweepstakes”) will commence at 12:00:00 AM ET (“Start Date”) on January 1, 2024 and ends at 11:59:59 PM ET on March 31, 2024 (“End Date”). There is one (1) way to enter the Sweepstakes.
To enter the Sweepstakes, an eligible individual must visit https://apothic.com/thebachelor.html and then follow the instructions to complete and submit the Website entry. Once entrant has completed the foregoing, he/she will have earned one (1) entry (“Entry”), eligible individuals may enter the Sweepstakes one (1) time per day during the Sweepstakes Period. Entry must be received by 11:59:59 pm ET on March 31, 2024, to be eligible for entry into the Sweepstakes.
Sponsor 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.
To be eligible, the Entry must be in English. Your Entry must be received within the Sweepstakes Period. Limit: (1) Entry per person/email address per day. All entries must be posted by 11:59:59 PM ET on March 31, 2024. An entry that is sent after 11:59:59 PM ET on March 31, 2024, will be disqualified, and that entry attempt will not be eligible for the random drawing. Entries will not be acknowledged or returned. Entries become the property of Sponsor. Any person, who attempts to participate by using multiple methods of Entry, 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 an Entry corresponds to, the authorized subscriber of the cellular account used to enter the Sweepstakes 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 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. Administrator may require an entrant to show proof 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 one (1) Grand Prize (“Grand Prize”) winner during the Sweepstakes. Winner will be determined by a random drawing conducted by Administrator on or about April 1, 2024, from among all eligible Entries. 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.
Winner Notification: Sponsor or Administrator will attempt to notify the potential winner (“Potential Winner”) via e-mail on or about April 1, 2024. 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 Potential Winner may, at Sponsor or Administrator’s sole discretion, be randomly selected in his/her place from among all remaining eligible Entries, time permitting.
5. PRIZE(S) AND APPROXIMATE RETAIL VALUE (“ARV”). There will be one (1) Grand Prize. The Grand Prize will consist of a trip of winner’s choice, organized by Administrator, for the winner and one (1) guest. Depending on winner’s choice of location and accommodation, the trip may include a round-trip airfare from a major airport, hotel accommodations and transportation to and from airports and spending money, not to exceed $20,000.00. Total ARV of the prize is up to $20,000.00. Alcohol is not included as part of any prize. Prize details 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 will receive an IRS Form 1099-MISC for the ARV of the prize.
Winner and his/her guest (both aged 21 or older) must attend the trip on the date as specified by Sponsor or Administrator. Guest must complete a Travel Companion Affidavit and Liability Release Form and submit it to Sponsor or Administrator before the prize is awarded. Failure to return the executed Travel Companion Affidavit and Release within the specified time period may result in forfeiture of the trip for the Guest. Sponsor and the Administrator are not responsible for any legal, or other restrictions on winner’s use of the prize, including without limitation travel details, transportation (including airline and ground transportation), accommodations, and restrictions or conditions for travel. Winner is responsible for any and all expenses and incidental travel costs not expressly stated herein as part of the prize, including but not limited to, meals and beverages not specified as part of the prize, in-room charges (e.g., mini-bar, room service, telephone, internet, movies), gratuities, travel upgrades, baggage fees, travel insurance, personal incidentals and passports if needed. Winner and guest must take trip within one year from date awarded prize. Winner will be required to provide a valid major credit or debit card upon hotel check-in and all in-room charges including but not limited to those defined above will be charged to winner’s major valid credit or debit card provided.
Airline tickets and travel are subject to terms and conditions set forth in these Official Rules and those set forth by selected travel providers. Sponsor, Administrator, and the Released Parties are not responsible for any fees or additional charges resulting from winner’s change(s) to itinerary or accommodations. Winner is solely responsible for obtaining all necessary travel documents prior to travel and the associated costs for these requirements. Sponsor, Administrator, and the Released Parties shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by any air carrier, hotel, or other transportation company or any other person providing any of these services and accommodations. Sponsor, Administrator, and the Released Parties shall not be liable for any loss or damage to baggage.
Sponsor cannot guarantee that winner and/or guest will not become infected with COVID-19 in connection with acceptance of the prize, which includes travel and sports stadium attendance. Traveling could increase winner’s and/or guest risk of contracting COVID-19. By participating in the prize, the winner and guest acknowledges the contagious nature of COVID-19 and voluntarily assumes all risks that he/she may be exposed to or infected by COVID-19 in connection with prize and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Winner and guest are solely responsible for taking any and all precautions to avoid contracting COVID-19.
Sponsor, Administrator, and the Released Parties shall not be responsible for any cancellation or delay of flights or closure of local hotels, set, travel restrictions, or any reasons, including but not limited to, COVID-19.
Travel Safety Advisory: Since travel and tourism are constantly changing, the winner and guest shall consult the U.S. State Department’s website at travel.state.gov regarding the latest information concerning traveler safety, security, and health advisories and the Center for Disease Control website for testing protocols https://www.cdc.gov/coronavirus/2019-ncov/travelers/travel-during-covid19.html. The winner and guest are responsible for checking the travel protocols before they depart and ensuring that they fully understand and comply with any such protocols. For example, some destinations may require obtaining a negative COVID-19 viral test a certain number of days before and upon return travel. The Sponsor and Administrator shall not be responsible for any additional costs incurred for any required test or any other pre-travel or post travel requirements.
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. 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. 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, 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, 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 winner’s name, 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.
8. 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.
9. 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.
10. WINNER LIST AND OFFICIAL RULES. For confirmation of the name (first initial and last name) and the city of residence of the winner and/or a copy of the Official Rules, send an email to sweeps@apfco.com (must be received by May 1, 2024). Include the name of this Sweepstakes “The Apothic Take A Sip, Win A Trip Sweepstakes” and specify “Winner List” or “Official Rules Request” in the subject line. The Official Rules are also available at https://apfco.com/secure/K401s/.
California Table Wine, ©2024 Apothic Wines, Modesto, CA. All rights reserved.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
The Apothic Take A Sip, Win A Trip Sweepstakes (the “Sweepstakes”) will commence at 12:00:00 AM Eastern Time (“ET”) on January 1, 2024 (“Start Date”) and end at 11:59:59 PM ET on March 31, 2024 (“End Date”). The period between the Start Date and End Date will be referred to as the (“Sweepstakes Period”).
1. SPONSOR/ADMINISTRATOR. The Sweepstakes is sponsored by E. & J. Gallo Winery, 600 Yosemite Blvd., Modesto, CA 95354 (“Sponsor”) The Sweepstakes is administered by Arrowhead Promotion & Fulfillment Co., 1105 SE 8th Street, Grand Rapids, MN 55744 (“Administrator”), for Sponsor’s Apothic brand (“Brand”).
2. ELIGIBILITY REQUIREMENTS. The Sweepstakes is open to legal residents of the United States (excluding New Jersey, Utah and Virginia) and the District of Columbia who are 21 years of age or older. VOID IN NEW JERSEY, UTAH, VIRGINIA AND 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 Apothic Take A Sip, Win A Trip Sweepstakes (“the Sweepstakes”) will commence at 12:00:00 AM ET (“Start Date”) on January 1, 2024 and ends at 11:59:59 PM ET on March 31, 2024 (“End Date”). There is one (1) way to enter the Sweepstakes.
To enter the Sweepstakes, an eligible individual must visit https://apothic.com/thebachelor.html and then follow the instructions to complete and submit the Website entry. Once entrant has completed the foregoing, he/she will have earned one (1) entry (“Entry”), eligible individuals may enter the Sweepstakes one (1) time per day during the Sweepstakes Period. Entry must be received by 11:59:59 pm ET on March 31, 2024, to be eligible for entry into the Sweepstakes.
Sponsor 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.
To be eligible, the Entry must be in English. Your Entry must be received within the Sweepstakes Period. Limit: (1) Entry per person/email address per day. All entries must be posted by 11:59:59 PM ET on March 31, 2024. An entry that is sent after 11:59:59 PM ET on March 31, 2024, will be disqualified, and that entry attempt will not be eligible for the random drawing. Entries will not be acknowledged or returned. Entries become the property of Sponsor. Any person, who attempts to participate by using multiple methods of Entry, 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 an Entry corresponds to, the authorized subscriber of the cellular account used to enter the Sweepstakes 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 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. Administrator may require an entrant to show proof 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 one (1) Grand Prize (“Grand Prize”) winner during the Sweepstakes. Winner will be determined by a random drawing conducted by Administrator on or about April 1, 2024, from among all eligible Entries. 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.
Winner Notification: Sponsor or Administrator will attempt to notify the potential winner (“Potential Winner”) via e-mail on or about April 1, 2024. 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 Potential Winner may, at Sponsor or Administrator’s sole discretion, be randomly selected in his/her place from among all remaining eligible Entries, time permitting.
5. PRIZE(S) AND APPROXIMATE RETAIL VALUE (“ARV”). There will be one (1) Grand Prize. The Grand Prize will consist of a trip of winner’s choice, organized by Administrator, for the winner and one (1) guest. Depending on winner’s choice of location and accommodation, the trip may include a round-trip airfare from a major airport, hotel accommodations and transportation to and from airports and spending money, not to exceed $20,000.00. Total ARV of the prize is up to $20,000.00. Alcohol is not included as part of any prize. Prize details 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 will receive an IRS Form 1099-MISC for the ARV of the prize.
Winner and his/her guest (both aged 21 or older) must attend the trip on the date as specified by Sponsor or Administrator. Guest must complete a Travel Companion Affidavit and Liability Release Form and submit it to Sponsor or Administrator before the prize is awarded. Failure to return the executed Travel Companion Affidavit and Release within the specified time period may result in forfeiture of the trip for the Guest. Sponsor and the Administrator are not responsible for any legal, or other restrictions on winner’s use of the prize, including without limitation travel details, transportation (including airline and ground transportation), accommodations, and restrictions or conditions for travel. Winner is responsible for any and all expenses and incidental travel costs not expressly stated herein as part of the prize, including but not limited to, meals and beverages not specified as part of the prize, in-room charges (e.g., mini-bar, room service, telephone, internet, movies), gratuities, travel upgrades, baggage fees, travel insurance, personal incidentals and passports if needed. Winner and guest must take trip within one year from date awarded prize. Winner will be required to provide a valid major credit or debit card upon hotel check-in and all in-room charges including but not limited to those defined above will be charged to winner’s major valid credit or debit card provided.
Airline tickets and travel are subject to terms and conditions set forth in these Official Rules and those set forth by selected travel providers. Sponsor, Administrator, and the Released Parties are not responsible for any fees or additional charges resulting from winner’s change(s) to itinerary or accommodations. Winner is solely responsible for obtaining all necessary travel documents prior to travel and the associated costs for these requirements. Sponsor, Administrator, and the Released Parties shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by any air carrier, hotel, or other transportation company or any other person providing any of these services and accommodations. Sponsor, Administrator, and the Released Parties shall not be liable for any loss or damage to baggage.
Sponsor cannot guarantee that winner and/or guest will not become infected with COVID-19 in connection with acceptance of the prize, which includes travel and sports stadium attendance. Traveling could increase winner’s and/or guest risk of contracting COVID-19. By participating in the prize, the winner and guest acknowledges the contagious nature of COVID-19 and voluntarily assumes all risks that he/she may be exposed to or infected by COVID-19 in connection with prize and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Winner and guest are solely responsible for taking any and all precautions to avoid contracting COVID-19.
Sponsor, Administrator, and the Released Parties shall not be responsible for any cancellation or delay of flights or closure of local hotels, set, travel restrictions, or any reasons, including but not limited to, COVID-19.
Travel Safety Advisory: Since travel and tourism are constantly changing, the winner and guest shall consult the U.S. State Department’s website at travel.state.gov regarding the latest information concerning traveler safety, security, and health advisories and the Center for Disease Control website for testing protocols https://www.cdc.gov/coronavirus/2019-ncov/travelers/travel-during-covid19.html. The winner and guest are responsible for checking the travel protocols before they depart and ensuring that they fully understand and comply with any such protocols. For example, some destinations may require obtaining a negative COVID-19 viral test a certain number of days before and upon return travel. The Sponsor and Administrator shall not be responsible for any additional costs incurred for any required test or any other pre-travel or post travel requirements.
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. 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. 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, 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, 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 winner’s name, 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.
8. 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.
9. 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.
10. WINNER LIST AND OFFICIAL RULES. For confirmation of the name (first initial and last name) and the city of residence of the winner and/or a copy of the Official Rules, send an email to sweeps@apfco.com (must be received by May 1, 2024). Include the name of this Sweepstakes “The Apothic Take A Sip, Win A Trip Sweepstakes” and specify “Winner List” or “Official Rules Request” in the subject line. The Official Rules are also available at https://apfco.com/secure/K401s/.
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