Wells Enterprises Halo Top – 50% Less Sugar Daddy Instant Win Game Sweepstakes
Halo Top 50% Less Sugar Daddy Instant Win Game (“Promotion”)
2021 OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN AN INSTANT WIN PRIZE. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA. DO NOT ENTER IF YOU ARE NOT LOCATED IN FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
ELIGIBILITY: Open only to legal residents of the fifty (50) United States and District of Columbia, who are at least 18 years of age
and of the age of majority in their state of residence (19 In AL & NE).
All entrants must have a Venmo account, download the Venmo Mobile App, and supply the Sponsor with the phone number associated to that Venmo account at the
time of entry. If you do not have a Venmo account, you can open one for free at https://venmo.com/. You may only receive a Venmo payment through the Venmo Mobile
App (using your smart phone or tablet)- data rates may apply,
see Section 3 for additional details. Venmo accounts are subject to the terms as set forth by Venmo. The following individuals are not eligible to enter or win a prize: employees,
contractors, directors, and officers of Wells Enterprises, Inc. (“Sponsor”), its parent, subsidiary, and affiliated companies, and the web design, advertising, fulfillment, legal, administrative,
and promotion agencies involved in the administration, development, fulfillment, and execution of this Promotion, including Marketing Resources, Inc. (“MRi” “Administrator”) (collectively, “Promotion Parties”),
and the immediate family members (spouse, parent, child, sibling, grandparent, whether biological, adopted, “step” or in-law of each) and those living in the same household of each such person (those persons whether
related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion). Void where prohibited.
PROMOTION PERIOD: The Promotion Period will begin on May 18, 2020 at 12:00:00 a.m. CT and ends on June 1, 2021 at 11:59:59 p.m. CT. The website server is the official clock for this Promotion.
HOW TO PLAY: There are two ways to enter and get a game play for this Promotion.
Online, with purchase: During the Promotion Period, visit halotopsugardaddy.com (the “Website”) with your Qualifying Purchase receipt (see requirement for Qualifying Purchases below).
Follow the on-screen instructions to complete the registration form with your first and last name, email address, phone number linked to
Venmo account, date of birth, and a copy of your Qualifying Purchase receipt to receive one (1) game play in the Promotion.
You will be required to upload the receipt image (must be a .jpg or .png format and not exceed 8 MB) of a Qualifying Purchase
made between May 1, 2021 and June 1, 2021, referred to as an “Eligible Receipt”, to receive a chance to play the
instant win game (“Game Play”) for chance to win a 50% cash reimbursement on your Qualifying Purchase, up to a maximum of $50.00,
deposited into winner’s Venmo account (“Instant Win prize”). Images uploaded must be in English, legible, readable, show a purchase date,
and identifying information to verify the authenticity of the purchase. Any incomplete entries will be considered ineligible. Amount of purchase
does not include warranty, tax, handling, or shipping fees. Entrant entering via this method will only receive one (1) game play per day, regardless
of how many Qualifying Purchases are on an Eligible Receipt. In case of more than one (1) Qualifying Purchase on one (1) receipt, the highest purchase
amount listed on the receipt of Qualifying Purchases will be used. If the amount to be given to the entrant for 50% of the Eligible Purchase reimbursement
is not an even dollar amount, the reimbursement amount will be rounded to the next highest dollar for reimbursement.
A Qualifying Purchase (“Qualifying Purchase”) is made between May 1, 2021 and June 1, 2021 which includes items and activities that facilitate movement and support fitness, such as:
Gym equipment purchases: weights, bike, yoga mat, exercise bands, pull up bar, etc.
Gym membership or at-gym class fees: Dance, karate, yoga, boxing, swim, cycling, kickboxing, etc.
Training shoes: Trail running, strength training, high impact workouts; Shoes for specific activities: ballet, soccer, boxing, etc.
Athletic apparel: Leggings, sports bras, tank tops, sweatpants/shirts, outerwear; compression and recovery gear; protective gear: wetsuit, knee-pads, mouthguards, helmet, hat, etc.
Wearable fitness tracker and/or online fitness tracker app purchase.
Online fitness class fees: Dance, karate, yoga, cycling, etc.
Personal trainer session fees.
Marathon or triathlon registration fees.
A Qualifying Purchase does NOT include:
Health/wellness services: massages, acupuncture, chiropractic, physical therapy
Well-being or mindful app fees: meditation, sleep, or relaxation apps.
Nutrition/ food purchases: weight loss/healthy eating apps, nutritionist, blender, meal planning, healthy food subscriptions, etc.
By mail, without making a purchase: During the Promotion Period, to request a chance for a Game Play by mail without making a Qualifying Purchase (“Alternative Free Method of Entry”) handwrite your name, address, email,
the phone number linked to your Venmo account, and date of birth on a post card, place in an envelope, and mail it with proper postage to: Halo Top 50% Less Sugar Daddy c/o MRI, P.O Box 2117, Oak Park, IL 60303.
Once a valid entry is received via this method, the Administrator will play the instant win game, on behalf of entrant, for a chance to win the Instant Win Prize of $50.00
. Administrator and/or Sponsor will only contact the entrant if they are a potential winner (as set forth in Section 5) and will not notify entrants of losing entries. Requests must be postmarked by June 1, 2021
and received by June 7, 2021. Proof of sending will not be deemed to be proof of receipt by Sponsor. No mechanical reproductions of Alternative Free Method of Entry requests will be accepted. Sponsor is not responsible for lost, late, illegible,
invalid, misdirected, mutilated, incomplete, or postage-due mail/requests, which will be disqualified. Limit one (1) mail-in request per outer postmarked envelope.
Standard data rates apply to the Venmo Mobile App and may apply if the Website is accessed via a mobile device, and entrants are solely responsible for any such charges. Check with your wireless service provider for details on these and other applicable charges.
Entrants are solely responsible for any such wireless charges. Not all wireless carriers participate. Use of email addresses from disposable or temporary email address services, or email forwarding services, is prohibited and any attempt to play using such an
email address will be blocked. An email address is required to enter. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times above the stated limit or as multiple entrants. Any entrant who
attempts to enter with multiple email addresses or uses any device or artifice to enter multiple times may be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Proof of submission is not proof of receipt by Sponsor. In the event of a
dispute as to who submitted the entry, the natural person associated with the email account used for entry will be considered the entrant, but only if that person is otherwise eligible to enter the Promotion. In the event there is a question as to whom the receipt
belongs to, the decision will be made at the sole discretion of the Administrator. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions. Information submitted in connection with this Promotion is governed by
PRIZES (1,000) AND VALUE: a total of $50,000.00 in cash will be awarded to verified winners (“Instant Winners”) equaling 50% cash reimbursement on your Qualifying Purchase, up to a maximum of $50.00 each, or for mail-in Instant Winners, $50.00 each,
and will be deposited directly to the Instant Winner’s Venmo account Total amount of all prizes in Promotion: $50,000.00.
INSTANT WINNER SELECTION: Limit one (1) Instant Winner/prize per person/household during the entire Promotion Period, regardless of method of entry. One thousand (1,000) winning Game Plays will be randomly time-seeded throughout the Promotion Period
(a “Winning Time”). The first person who completes a valid Game Play on or after one of the randomly generated Winning Times (as recorded by the Website software) will be deemed a potential Instant Winner, subject to verification of Game Play, eligibility, and compliance
with these Official Rules. Potential Instant Win Prize winners will be notified via email within 48-72 hours of validation via the email address supplied at registration/mail. The odds of winning a Prize are based upon the number of eligible Game Plays received during the
Promotion Period, and the order in which they are received. The amount of Game Plays in the Promotion will decrease over the course of the Promotion Period as Instant Winner Prizes are awarded. In the event that not enough Game Plays are received, a second chance drawing
will be held at the end of the Promotion (see Section 8 below for more details). In the event the $50,000.00 in Prize money has been awarded before the Promotion Period ends, the Promotion will be over, and an announcement will be made on the Website. The last person to win
an Instant Win prize when the $50,000.00 is depleted, will be reimbursed the full amount they are determined to be awarded, up to the maximum of $49.99, if the last of the $50,000.00
INSTANT WINNER NOTIFICATION AND PRIZE CLAIM: Instant Winners may be subject to verification, including verification of age. Instant Winners will be notified via the email address supplied at registration. The notification will inform them to check their
Venmo accounts for their cash reimbursement. Sponsor is not responsible for any change of email address and/or telephone numbers linked to the Venmo accounts of entrants. In the event of noncompliance with these Official Rules, or if an email prize notification is returned
as undeliverable or a Venmo cash prize is unclaimed after seventy-two (72) hours, the prize will be forfeited and awarded to the next person closest to that Game Play time. If any prize correspondence is not received within seventy-two (72) hours; if a potential Instant Winner
declines the prize for any reason; or if potential Instant Winner is found not to be eligible or in non-compliance with these Official Rules, such potential Instant Winner will forfeit the prize and an alternate winner may be awarded. Prizes will be fulfilled within ten (10)
to fourteen (14) business days of winner validation. Unclaimed prizes will be put into the second chance drawing at the end of the Promotion.
PRIZE RESTRICTIONS: : Prizes are non-transferable, except at the sole discretion of the Sponsor. Sponsor reserves the right in its sole discretion to substitute a prize with one of equal or greater value. Instant Winners are solely responsible for any taxes on the prize.
All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the Instant Winner.
SECOND CHANCE DRAWING FOR UNCLAIMED INSTANT WIN PRIZE MONEY: Any unclaimed Instant Win prize money will be divided into individual prizes of $50.00 increments and awarded in a random drawing, to occur on or about June 15, 2021, to the number of eligible entrants that
correspond to the number of individual $50.00 prizes, by a third-party promotion administrator whose decisions shall be final and binding on all matters (“Second Chance Drawing”). Each non-winning eligible entrant in the Online Instant Win Game will be automatically entered into the
Second Chance Drawing. Odds of winning a prize in the Second Chance Drawing depend on the number of non-winning eligible entrants automatically entered and the amount of unclaimed Online Instant Win Prize money. Winners in the Second Chance Drawing will be notified via email supplied
at registration and will be informed to check their Venmo accounts for their cash prize. Any unclaimed prize monies remaining less than $50.00 will not be awarded.
INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO
THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Promotion is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other
causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry/Game Play process, and to cancel, modify,
or terminate the Promotion. In the event of cancellation, Sponsor will award the prizes in a drawing from among all eligible, non-suspect entries/Game Plays received prior to cancellation. In the event that an entry/Game Play is confirmed to have been erroneously deleted, lost, or destroyed,
entrant’s sole remedy shall be another entry/Game Play (as applicable) into the Promotion.
LIMITATIONS OF LIABILITY AND RELEASE:
NO LIABILITY OR RESPONSIBILITY IS ASSUMED BY SPONSOR OR PROMOTION PARTIES (COLLECTIVELY, “RELEASEES”) RESULTING FROM ENTRANT’S PARTICIPATION IN, ATTEMPT TO PARTICIPATE IN, OR DOWNLOAD OF ANY INFORMATION IN CONNECTION WITH PARTICIPATING IN THE PROMOTION. NO RESPONSIBILITY OR LIABILITY IS ASSUMED BY THE RELEASEES FOR TECHNICAL PROBLEMS OR TECHNICAL MALFUNCTION, INCLUDING, WITHOUT LIMITATION, THOSE ARISING IN CONNECTION WITH ANY OF THE FOLLOWING OCCURRENCES THAT MAY AFFECT THE OPERATION OF THE PROMOTION: HARDWARE OR SOFTWARE ERRORS; FAULTY COMPUTER, TELEPHONE, CABLE, SATELLITE, NETWORK, ELECTRONIC, WIRELESS, OR INTERNET CONNECTIVITY, OR OTHER ONLINE COMMUNICATION PROBLEMS; ERRORS OR LIMITATIONS OF ANY INTERNET SERVICE PROVIDERS, SERVERS, HOSTS, OR PROVIDERS; GARBLED, JUMBLED, OR FAULTY DATA TRANSMISSIONS; FAILURE OF ANY EMAIL TRANSMISSIONS TO BE SENT TO OR RECEIVED; LOST, LATE, DELAYED, OR INTERCEPTED EMAIL TRANSMISSIONS; INACCESSIBILITY OF THE WEBSITE IN WHOLE OR IN PART FOR ANY REASON; TRAFFIC CONGESTION ON THE INTERNET OR WEBSITE; OR UNAUTHORIZED HUMAN OR NON-HUMAN INTERVENTION IN THE OPERATION OF THE PROMOTION, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED TAMPERING, HACKING, THEFT, VIRUS, BUG, WORM; OR DESTRUCTION OF ANY ASPECT OF THE PROMOTION. SPONSOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS IN THE ANNOUNCEMENT OF ANY PRIZE OR THESE OFFICIAL RULES, OR ANY INACCURATE OR INCORRECT DATA CONTAINED ON PROMOTIONAL MATERIALS OR ON THE WEBSITE. USE OF WEBSITE IS AT ENTRANT’S OWN RISK. RELEASEES ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSSES OF ANY KIND THAT MAY BE SUSTAINED TO ENTRANT’S OR ANY OTHER PERSON’S COMPUTER EQUIPMENT RESULTING FROM PARTICIPATION IN THE PROMOTION, USE OF THE WEBSITE, OR THE DOWNLOAD OF ANY INFORMATION FROM THE WEBSITE, OR ANY OTHER LOSS RELATED TO ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OF ANY PRIZE. AS A CONDITION OF ENTERING, ENTRANTS AGREE TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY, LOSS, OR DAMAGE INCURRED WITH RESPECT TO ENTRANT’S PARTICIPATION IN THE PROMOTION AND THE AWARDING, RECEIPT, POSSESSION, AND/OR USE OR MISUSE OF ANY PRIZE.
Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Iowa law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS PROMOTION, 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 CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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 NY) 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.
Each Instant Winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and city/state of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. If you are selected as an Instant Winner, your information may also be included in a publicly-available winner’s list. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each Instant Winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort, or any other theory of law. The Releasees do not assume any responsibility for any disruption in the Promotion, including but not limited to the failure or interruption of any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed.
GOVERNING LAW & JURISDICTION:
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, 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 thereof. By entering, you consent to the jurisdiction and venue of the federal, state, and local courts located in Plymouth County, Iowa for the resolution of all matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
WINNERS LIST: Winners will be posted on the Website at the conclusion of the Promotion for thirty (30) days after all winners have been validated.
Wells Enterprises, Inc., 1 Blue Bunny Dr. SW, Le Mars, IA 51031.