Fleur de Mer Consumer 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 Fleur de Mer Consumer Sweepstakes (the “Sweepstakes”) will commence at 12:00:00 AM
Pacific Time (“PT”) on May 8, 2024 (“Start Date”) and end at 11:59:59 PM PT on May 25, 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. Inc., 1105 SE 8th Street, Grand Rapids, MN 55744
(“Administrator”), for Sponsor’s Fleur de Mer Wine 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, 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 Fleur de Mer Consumer Sweepstakes will commence at 12:00:00 AM PT on
May 8, 2024 and ends at 11:59:59 PM PT on May 25, 2024. There is one (1) way to enter the
Sweepstakes.
To enter the Sweepstakes, an eligible individual must visit the Fleur de Mer’s Instagram page
located at http://www.instagram.com/fleurdemer (“Website”) during the Sweepstakes
Period, find the Sweepstakes post on the page (“Post”) like, comment and tag a friend on
the Post, and include the hashtags #fleurdemer #sweepstakes before 11:59:59 PM PT on
May 25, 2024 (the “Entry”). Once entrant has completed the foregoing he/she will have
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earned one (1) entry (“Entry”), eligible individuals may enter the Sweepstakes multiple
times per day, one entry per tag and one winner per household.
To be eligible, the Entry must be in English. Your Entry must be received by 11:59:59 PM PT
on May 25, 2024. Posts or comments that are not visible to Sponsor or Administrator will
not be entered into the Sweepstakes.
Entries will be deemed to have been submitted by the authorized Instagram account holder.
The authorized account holder is defined as the natural person who is assigned to a
username by Instagram. You must enter using only an account registered in your name.
The potential winner may be required to provide Administrator with proof that he/she is the
authorized account holder of the account associated with the winning Entry. Entries that
have been generated by a script, macro, bot or any other automated means will be deemed
void. Entrants may not create or enter with multiple accounts. Any entrant who attempts
to enter with multiple accounts or under multiple identities will be disqualified and forfeits
prize won, in Sponsor or Administrator’s sole discretion. Entries not in compliance with
these Official Rules may be disqualified in Sponsor or Administrator’s sole discretion.
Entries become the property of Sponsor.
4. SWEEPSTAKES ENTRY CRITERIA. In addition to the above requirements, each Entry must
meet the following content restrictions:
• The Entry must be your original work, created solely by you and must not contain
material that violates or infringes another's rights, including but not limited to
privacy, publicity or intellectual property rights, or that constitutes copyright or
trademark infringement. By entering a photo, you warrant that you have obtained
permission from all individuals in the photograph for use of the photo in this
Sweepstakes;
• The Entry must not contain sexually explicit content, violence or objectionable
material that Sponsor or Administrator determines in its sole discretion is
inappropriate, indecent, obscene, abusive, hateful, tortuous, defamatory,
slanderous, libelous or offensive;
• The Entry must not contain material that promotes bigotry, racism, hatred or harm
against any group or individual or promotes discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age;
• The Entry must not contain material that is unlawful, in violation of or contrary to
any applicable laws, rules or regulations. The Entry must not contain any personally
identifiable information of any person other than you. Should you include
personally identifiable information about yourself in your Entry, you acknowledge
and agree that such information will be disclosed publicly and you are solely
responsible for any consequences thereof;
• The Entry must not contain any commercial content or logos;
• The Entry may not have been previously published and must not have won previous
awards;
• Photos must be in .jpeg .gif or .png file format;
• High-quality, clear photographs are strongly suggested; and
• The Entry must abide by, and entrant agrees to abide by, the Sponsor’s Acceptable
Use Policy, Use Agreement, and Privacy Policy, as determined in Sponsor’s sole
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discretion. Links to each of these policies are located at:
https://www.fleurdemerrose.com/on/demandware.store/Sites-fleurdemer-
Site/default/Page-SharedContent?cid=privacy-policy.
5. WINNER SELECTION AND NOTIFICATION.
Winner Selection: There will be one (1) Grand Prize (“Grand Prize”) winner during the
Sweepstakes Period. Winner will be determined by a random drawing on or May 26, 2024
among all eligible Entries. All decisions of the 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. Limit: One (1)
winner per household.
Winner Notification: Sponsor or Administrator will attempt to notify the potential winner
(“Potential Winner”) via e-mail or direct message to entrant’s Instagram on or about May
26, 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 of the
Potential Winners cannot be contacted as specified above, or if a Potential Winner fails to
return the signed Affidavit and Release by the deadline specified above, or if a Potential
Winner is deemed ineligible for any other reason in Sponsor or Administrator’s sole
discretion, the Potential Winner will be disqualified and an alternate winner may, at Sponsor
or Administrator’s sole discretion, be randomly selected in his/her place from among all
remaining eligible Entries, time permitting.
6. PRIZE(S) AND APPROXIMATE RETAIL VALUE (“ARV”). There will be one (1) Grand Prize. The
Grand Prize will consist of one (1) $3,200.00 Airbnb Gift Card, one (1) $100.00 VISA Gift Card
and eight (8) Goody Bags, which consist of Fleur De Mer branded (1) Tote Bag, (1) Acrylic
Glassware (1) Luggage Tag, (1) Screen Print Sweatshirt, (1) Sunglasses, (1) Turkish Towel,
and (1) Resource Card valued at $105.00 per bag. Total ARV of this Grand Prize is $4,140.00.
The total ARV of all the prizes awarded in this Sweepstakes is $4,140.00. Alcohol is not
included as part of any prize. Prize will be sent to address provided by winner after winner is
verified and returns the completed Affidavit and Release. No PO boxes permitted.
Unclaimed or returned prizes will not be awarded. Sponsor and the Administrator are not
responsible for any legal, or other restrictions on winner’s use of the prize.
Incidental expenses and all other costs and expenses which are not specifically listed as part
of the prize in these Official Rules and which may be associated with the award, acceptance,
receipt and use of all or any portion of the awarded prize are solely the responsibility of the
winner. If any part of the prize becomes unavailable for any reason, Sponsor will not be
responsible to award that part of the prize. Winner is solely responsible for any and all
applicable fees and taxes associated with receipt and use of the prize. PRIZE IS AWARDED
“AS IS,” “WHERE IS,” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED. Prize is
nonassignable, nonsubstitutable, and nontransferable. Notwithstanding the foregoing,
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Sponsor may, at its sole discretion, substitute cash or a prize of equal or greater monetary
value.
7. 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.
8. LICENSE TO ENTRY. By submitting an Entry, you irrevocably grant Sponsor and its
designated agents the royalty-free right throughout the world in perpetuity to use, re-use,
copy, publish, copyright, republish in whole or in part, edit, add to, modify, and rearrange
the Entry in whatever media now known or hereafter developed, for use in the advertising
and promotion of Sponsor and Sponsor’s products without further permission, approval,
consideration or payment to the you, except where prohibited by law. You agree to sign any
document requested by Sponsor to further confirm this license.
9. 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, Instagram, 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.
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Sponsor reserves the right to correct any typographical, printing, computer programming or
operator errors, including in the Official Rules. The Released Parties are not responsible for
hardware or software failures of any kind, traffic congestion in any networks, or towers, or
any combination thereof, lost network connections, incomplete, garbled or delayed
transmissions, whether caused by Sponsor, users, or by any of the equipment or
programming associated with or utilized in the Sweepstakes, or by technical or human error
which may occur and/or which may damage Sponsors’ ability to receive or store
Sweepstakes data, or which may damage an entrant’s system in connection with the
selected method of Entry, or which may otherwise limit any entrant’s ability to participate
and/or redeem the prizes in the Sweepstakes. In the event that any entrant’s Entry attempt
is not successfully received by Sponsor, that entrant’s sole remedy shall be to attempt to
enter the Sweepstakes once again during the Sweepstakes Period. Sponsor and
Administrator reserve the right at its sole discretion, to disqualify any individual who
tampers with the Sweepstakes, or the operation of the Sweepstakes, or who enters using
any automatic or programmed Entry duplication method, violates these Official Rules, or
otherwise engages in fraudulent or offensive conduct with respect to this Sweepstakes.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT
PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF
ACTION ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED,
WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2)
ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-
PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS'
FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT
BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND
EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR
SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL
OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR
MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK
INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS
OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By accepting the prize, the winner agrees that Sponsor may use any and all such winners’
names, cities and/or states of residence, statements, likeness, voice, photograph and/or
biographical information, without limitation, for promotional purposes relating to the
Sweepstakes, in any media or format, whether now known or hereafter developed,
including but not limited to the internet, worldwide, in perpetuity, without further
consideration or payment, where permitted by law. Should winner make any false
statement in any document referenced herein, the winner will be required to promptly
return to Sponsor the awarded prize(s) received.
10. 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
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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.
11. NO INSTAGRAM/AIRBNB/VISA ASSOCIATION. This Sweepstakes is in no way sponsored,
endorsed or administered by, or associated with Instagram, Airbnb or VISA. You understand
that you are providing your information to Sponsor, not to Instagram. Any questions,
comments or complaints regarding the Sweepstakes must be directed to the Sponsor and
not to Instagram.
12. 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.
13. OFFICIAL RULES/WINNERS LIST. For the name (first initial and last name) and city of
residence of the winners, or for a copy of the Official Rules, send an email (must be received
by July 1, 2024), to sweeps@apfco.com. Include the name of this Sweepstakes “The Fleur de
Mer Consumer Sweepstakes” and specify “Winners List” or “Official Rules” in the subject
line. The official rules are also available at https://apfco.com/secure/K401S.
Wine Brokers Unlimited. ©2024 Hayward, CA. All rights reserved.
ABBREVIATED RULES.
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Open to legal residents of the United States (excluding New Jersey, Utah and Virginia) and the
District of Columbia who are 21 or older. Void where prohibited. Starts at 12:00:00 AM PT on
5/8/2024 and ends at 11:59:59 PM PT on 5/25/2024. To enter, visit
https://www.instagram.com/fleurdemer/ like tag the Sweepstakes Post, comment must include
the hashtags #fleurdemer #sweepstakes. Subject to Official Rules. A copy of the Official Rules is
available at https://apfco.com/secure/K401S. Sponsor: E. & J. Gallo Winery.