December 13, 2019
Thank you for visiting this website (this “Site’), which is owned by Wells Enterprises, Inc. (“Wells,’ “we,’ “us,’ or “our’).
TABLE OF CONTENTS
- Your Consent to Other Agreements
- Ownership of this Site and its Content
- Responsibility for User-Generated Content Posted on or Through this Site
- Removal of Content
- Your Feedback
- Your Obligations
- Limitation of Liability
- Links to Third-Party Websites
- Modification and Discontinuation
- Governing Law, Jurisdiction and Venue
- Entire Agreement
Your Consent to Other Agreements
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.
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.
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
- 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.
- upload, post, transmit or otherwise make available
- any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy
- any UGC that constitutes or encourages activity illegal under criminal or civil law
- any UGC that is false, misleading, or fraudulent
- any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity
- any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian
- any request for or solicitation of any personal or private information from any individual
- any request for or solicitation of money, goods, or services for private gain
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or
- any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose
- 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.
Removal of Content
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.
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.
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.
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).
Links to Third-Party 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.
Governing Law, Jurisdiction and Venue
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 “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.’
The Halo Top®
Goal Getter Sweepstakes
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
© 2023 Promosis, Inc. No part of this content may be reproduced, distributed, or transmitted in any form or by any means without the prior written permission of Promosis, Inc.