Terms of Use

Effective Date

December 13, 2019

Thank you for visiting this website (this “Site’), which is owned by Wells Enterprises, Inc. (“Wells,’ “we,’ “us,’ or “our’).

Your Acceptance of These Terms of Use

These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

Ownership of this Site and its Content

This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Wells or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Trademarks

The Wells names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Wells (the “Wells marks’). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Wells marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Wells marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Responsibility for User-Generated Content Posted on or Through this Site

You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any UGC.

This means that you, not Wells, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.

Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Wells or any person or entity associated with Wells.

You own User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas. We may disclose and/or remove User-Generated Content. Wells has certain rights. We have the right (but do not assume the obligation) to:

We may disclose and/or remove User-Generated Content. Wells has certain rights. We have the right (but do not assume the obligation) to:

monitor all UGC
require that you avoid certain subjects
remove or block any UGC at any time without notice at our sole and absolute discretion
disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Wells or others, or to enforce these Terms of Use and
terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.

Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:

upload, post, transmit or otherwise make available
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or
violate any local, state, national or international law, rule or regulation.

By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.

Removal of Content

In general. You can seek removal of objectionable UGC by contacting us using the information provided below. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.

Violation of copyrights. Wells does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA’) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:

an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest
a description of the copyrighted work that you claim has been infringed
a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics)
your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner and
a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Your statement must be addressed as follows:

Associate General Counsel
One Blue Bunny Drive, Le Mars, IA 51031
Wells Enterprises, Inc.
Phone: (712) 546-4000
Fax: (712) 548-3008
[email protected]

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Your Feedback

Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us. If you submit Feedback using functionality on this Site that allows you to make it publicly available, you agree that it will comply with the restrictions that apply to User-Generated Content, listed above.

Your Obligations

In consideration of your use of this Site, you agree that to the extent you provide personal information to Wells it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,’ “AS AVAILABLE’ BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WELLS, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WELLS, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WELLS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED WELLS SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF WELLS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Links to Third-Party Websites

This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Wells shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Modification and Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Wells of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use will be governed under the laws of the State of Iowa without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in Iowa. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Indemnity

You agree to indemnify and hold Wells, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

These Terms of Use May Change

These Terms of Use are current as of the effective date set forth above. Wells reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

Entire Agreement

These Terms of Use (together with our Privacy Policy and any Privacy Notices or and any click-through agreements applicable to you) contain the entire understanding and agreement between you and Wells with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Wells with respect to this Site and your use of this Site.

Definitions

The terms “Wells,’ “we,’ “us,’ and “our’ refer to Wells Enterprises, Inc.
The term “Content’ refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content and Feedback.
The term “Feedback’ refers to the Content you post on or through this Site that is specifically about how we can improve this Site or the products and services we offer.
The term “including’ means “including, but not limited to.’
The term “Site’ refers to any website owned by Wells on which these Terms of Use are posted.
The term “User-Generated Content’ or “UGC’ means all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post using functionality on this Site that allows you to publicly post that content, communicate with other users, or otherwise engage in social networking activities and that does not constitute “Feedback.’

Questions

If you have any questions about this Site or these Terms of Use, please contact us.

The Halo Top®

Goal Getter Sweepstakes

OFFICIAL RULES

1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. To Enter: Visit halotopgoalgetter.com anytime between 12:00:01 a.m. ET on January 1, 2023 and 11:59:59 p.m. ET on March 31, 2023 (“Promotion Period”) and follow the directions to complete and submit a registration, including setting up your Goal Getter “Healthy Habit Tracker”. Return and log in up to once each day during the Promotion Period and verify that you have met or not met your goal that day to earn an entry into the sweepstakes drawings. Log in on seven (7) days and verify that you have met or not met your goal, and receive a free gift Halo Top coupon ($8 value, limit 1 per person, available while supplies last). Registrations must be complete to be eligible. Limit one (1) “Healthy Habit Tracker” account per person; limit one (1) entry per person per day. Providing an invalid email address, invalid information, multiple entries beyond what’s specified above, or otherwise failing to abide by these Official Rules will result in Sweepstakes disqualification. Entries must be received by 11:59:59 p.m. ET on March 31, 2023. In the event of a dispute regarding the identity of any entrant, the entry will be deemed made by the person identified as the authorized account holder of the email address associated with the entry (i.e., the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address). For purposes of the Sweepstakes, the sole determinant of the current time will be the clock on the promotion website server, regardless of what any other timekeeping device might indicate. Sweepstakes is void where prohibited, and is subject to all applicable laws and regulations. Participants consent to the use of their entries and registration information in accordance with the Halo Top privacy policy. All federal, state, and local laws and regulations apply. Entrants agree to the release of their name, address, and email information to Sponsor and its promotion partners for winner notification purposes and for public winner disclosure, as required by law.

2. Eligibility: The Sweepstakes is open only to legal residents of the United States, eighteen (18) years of age or older at the time of entry. Not open to employees and their families (spouses, parents, children/siblings and their respective spouses, and those living in the same household) of Wells Enterprises, Inc. (“Sponsor”), Wolfgang L.A., their parent companies, subsidiaries, affiliates, distributors, retailers, agents, promotion partners, and advertising and production agencies, and PROMOSIS, Inc. (“Administrator”). Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes.

3. Drawings: Winners will be selected via random drawings from among all eligible entries received by the deadline of the Promotion Period. Drawings will be conducted on or around April 7, 2023 by Promosis, Inc., an independent judging organization whose decisions in all matters relating to this Sweepstakes are final. Potential winners will be notified by email and will be required to complete and submit an online Winner Eligibility form and liability/publicity release within three (3) days of the date the initial notification is sent to the potential winner. Potential winners may be required to upload a “selfie” photo and image of a government-issued photo ID, as part of the online verification. Any potential winner who fails to respond to the winner notification or is found to be ineligible will be disqualified, and an alternate winner will be randomly selected from the remaining pool of participants received for the original drawing.

4. Prizes: One (1) Grand Prize: a Spa and yoga retreat, awarded as $10,000 cash. Retail value of Grand Prize = $10,000.
Fifty (50) First Prizes: a Halo Top cooler (ARV = $250 each).
Two hundred (200) Second Prizes: twenty (20) pints of Halo Top (ARV = $160 each).
Ten (10) Third Prizes: a Halo Top yoga mat (ARV = $20 each).
Ten (10) Fourth Prizes: a Halo Top 10 lb. kettlebell (ARV = $20 each).
Two thousand (2,000) Fifth Prizes: a Halo Top ice cream pint “sweatband” (ARV = $20 each).
Five hundred (500) Sixth Prizes: a Halo Top gym towel (ARV = $15 each).
Ten (10) Seventh Prizes: Halo Top ice cream scented deodorant (ARV = $10 each).
One hundred (100) Eighth Prizes: a Halo Top “no resistance” exercise band (ARV = $10 each).
Two thousand Five hundred Twenty-five (2,525) Ninth Prizes: a Halo Top golden spoon (ARV = $10 each).
Total ARV of all prizes = $128,750.
Prizes may not be transferred. Non-cash prizes may not be redeemed for cash, in whole or in part. Limit one prize per person. Winners are responsible for all applicable taxes on the value of the prize won. Grand Prize winner will be issued an IRS 1099-MISC tax form for the retail value of the prize awarded. No substitution for prize or parts thereof, except by Sponsor as may be due to unavailability. If any originally-offered prize or any prize element is unavailable or prohibited in certain jurisdictions at the time of award, Sponsor may substitute an item of comparable or additional value, including cash. By accepting a prize, winner agrees to grant to the Sponsor and its promotion partners the right without limitation to use the winner’s name, city and state of residence, picture, portrait or likeness in any future promotional material or content connected with this Sweepstakes, in any manner, in any and all media now or hereafter devised, worldwide in perpetuity, without further compensation, where permitted, and that such use can be made without additional notification or permission. Winner releases the Sponsor, its affiliates, subsidiaries, promotion partners, their advertising and production agencies, Promosis, Inc., and all of their respective officers, directors, employees, agents, and representatives (collectively, “Released Parties”) from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of right of publicity, and defamation (including libel and slander). In no event will Sponsor be obligated to award more than the number of prizes stated in these Official Rules.

5. Limitation of Liability: Sponsor, Administrator, and their promotion partners and affiliates are not responsible for typographical errors in any Sweepstakes-related materials; for any individual's inability to enter the Sweepstakes, including but not limited to unavailable network, server, or other connections; failed software or hardware transmissions; other errors of any kind, whether human, mechanical, or electronic, including lost, late, incomplete, damaged, or misdirected entries; or for any damage to any computer related to or resulting from participation. Multiple entries beyond what is specified above and those generated by script, macro, or other automated entry devices are not valid and will be disqualified. Sponsor reserves the right to disqualify and seek prosecution of any entrant who disrupts or interferes with the proper play of the Sweepstakes, or acts in violation of these Official Rules in any way. Sponsor reserves the right in its sole discretion to cancel or suspend the Sweepstakes should any of the foregoing occurrences corrupt or impair the administration, security, fairness, or proper play of the Sweepstakes. If the Sweepstakes is canceled for any reason, including but not limited to those listed above, the winners will be determined via random drawing from among all entries received up to the time of cancellation. Sponsor and its promotion partners, related companies, agencies, and their respective employees or officers shall not be liable for injury, losses, damages, or costs of any kind resulting from participation in this Sweepstakes, including but not limited to those resulting from participation in this promotion, or acceptance of or use or misuse of a prize or parts thereof. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering, participants agree to be bound by these Official Rules.

6. Dispute Resolution: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE COMMONWESALTH OF MASSACHUSETTS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Massachusetts having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participants' actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

7. Winners List: For the names of the major prize winners, send a standard-size postcard, only, with your return address to: Halo Top Goal Getter Sweepstakes Winners List, P.O. Box 38, Marblehead, MA 01945. Requests must be received by June 30, 2023. Do not send any other correspondence to this address.

8. Administrator: Promosis, Inc., 89 Front Street, Suite 205, Marblehead, MA 01945

9. Sponsor: Wells Enterprises, Inc., 1 Blue Bunny Drive, Le Mars, IA 51031