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Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE SWEEPSTAKES EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
- Eligibility: The Wells Enterprises – Bomb Pop Summer Sweeps (the "Sweepstakes") is open only to legal residents of the 50 United States and District of Columbia who are 18 years or older (or 19 if resident of AL or NE). Void where prohibited by law. No purchase necessary to enter the Sweepstakes. Employees of Wells Enterprises, Inc., 1 Blue Bunny Dr, Le Mars, IA 51031 (the "Sponsor"), Brandmovers, Inc., 1519 Carroll Dr. NW, Atlanta, GA 30318 ("Administrator”), or Advantage Solutions, Stagwell, Inc. (collectively, the “Promotional Partners”) (collectively with Sponsor, Administrator, and Promotional Partners, the "Released Parties”), and any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sweepstakes Period: The Sweepstakes starts at 12:00:00 AM Central Time (“CT”) on May 26, 2023 and ends at 11:59:59 PM CT on July 9, 2023 (“Sweepstakes Period”).
- How to Enter. To enter, visit bombpopsummer.com, to find, complete and submit the official entry form which includes your first and last name, email address, street address, city, state, zip code and telephone number. Entries must be submitted by 11:59:59 PM CT on July 9, 2023, to be eligible for the Sweepstakes random drawing. Sponsor is not responsible for any technical issue relating to submitting the entry form. There is a limit of one (1) Entry per person during the entire Sweepstakes Period.
- Winner Selection and Notification: One (1) potential Grand Prize winner and ten (10) Runner Up winners will be selected in a random drawing to be held by Administrator on or about July 17, 2023. The potential winners will be notified by Administrator via email to the email address associated with the potential winner’s entry, on or about the day of the random drawing. The potential winners must respond within 48 hours from the Administrator sending the email to the potential winner, or prize will be forfeited and awarded to an alternate winner, time permitting. Odds of winning depend on the total number of entries received in the Sweepstakes Period.
- Prizes and Approximate Retail Value (“ARV”)
Grand Prize: $419.00 Total
- 4 T-Shirts - $18.00 each, $72.00 total
- 4 Towels - $28.00 each, $112.00 total
- 2 Disposable Cameras - $32.00 each, $64.00 total
- 1 Volleyball - $31.00
- 1 Cooler - $140.00
- 10 Disposable Cameras (one per winner)- $32.00, $320.00 total
The total approximate retail value of all prizes is $739.00. Prizes consist of only those items listed as part of the Prize. All federal, state and local taxes associated with the Prize are each Winner’s sole responsibility. Prizes are nontransferable, and no substitution will be made except as provided herein at Sponsor’s sole discretion and not redeemable for cash. Sponsor reserves the right to substitute a prize, or component thereof, for one of equal or greater value if the designated prize should become unavailable for any reason. Sponsor may provide the Winners with an IRS Form 1099 reflecting the actual final retail value of the Prize, or such other governmental tax forms that may be necessary, as determined in the sole discretion of Sponsor. Winners may be required to sign a liability and/or publicity release and/or affidavit of eligibility (collectively, “Prize Release”) prior to issuance of a Prize. The Winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules.
- Claiming the Prizes: In order to coordinate the Prize, the potential winner will be required to provide the Prize Release and completed W9 tax form to Sponsor within ten (10) days of being notified they are the potential winner. In the event the potential winner fails to verify their address or provide any required documents within the timeframe provided by Sponsor, they will forfeit their right to the Prize, and an alternate may be selected at Sponsor’s sole discretion, time permitting. Upon receipt of the Prize Release for the First Prize winners, including verifying their mailing address, Sponsor or Administrator will ship the First Prize to that winner’s address as provided. Allow 4 to 6 weeks for shipping of the First Prize. Sponsor is not responsible for lost, late, delayed, damaged, stolen, technical glitches, or mutilated mailing of any prize. All unclaimed or returned prizes remain the property of Sponsor. Administrator/Sponsor are not responsible for emails that are lost, misdirected, unopened, or for any technical glitches associated with the sending of emails.
- Participation Conditions/Release/Consent to use Likeness: By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's participation in this Sweepstakes, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant's participation in the Sweepstakes and/or entrant's acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made pandemic or epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of phone calls; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any Prize.
- Privacy Policies and Data Collections: Information provided by you for this Sweepstakes on the entry form, including is subject to Administrator’s Privacy Policy: http://www.brandmovers.com/legal/privacy; or Sponsor’s privacy policy https://wellsenterprisesinc.com/privacy-policy as applicable. By entering this Sweepstakes, each entrant agrees that the Sponsor and/or Administrator has the right to contact the entrant by phone, direct message, or email accounts provided on the Entry Form to administer and fulfill this Sweepstakes.
- Disputes/Governing Law: Entrant (or their parent/legal guardian if entrant is a minor in the state of their residence) agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of the Grand Prize winner or for any disputes arising from the loss or injury from the participation in the Grand Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in Iowa under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Iowa state or federal court judge with experience in entertainment matters who shall follow Iowa law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Iowa, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Iowa. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Iowa; (iii) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out- of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Iowa, without giving effect to any choice of law or conflict of law rules (whether of the State of Iowa or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Iowa.
- Official Rules/Winners List: For a copy of these Official Rules, see the Website during the Sweepstakes Period. For a copy of these Official Rules or the Winner’s List, send a hand-printed, self-addressed, stamped envelope to: Official Rules/Winner’s List (designate which) – Wells Enterprises – Bomb Pop Summer Sweeps Rules, Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318. To be postmarked by July 9, 2023 and received by July 16, 2023.
- Sponsor: Wells Enterprises, Inc., 1 Blue Bunny Dr, Le Mars, IA 51031.
Administrator: Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318.