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Healing Ice Cream Parlors Bring Fun to Communities Across America

Blue Bunny Heart of Fun Parlor Refresh Contest (“Contest”) 2021 OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. NOT OPEN TO THE GENERAL PUBLIC. THIS CONTEST IS ONLY INTENDED FOR LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES (EXCLUDING AK AND HI) AND DISTRICT OF COLUMBIA, WHO OWN AN ICE CREAM PARLOR THAT HAS SUFFERED FINANCIAL HARDSHIP IN THE RECENT YEARS. DO NOT ENTER IF YOU ARE NOT LOCATED IN FORTY-EIGHT (48) CONTIGUOUS UNITED STATES OR DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. VOID IN HAWAII AND ALASKA, AND WHERE PROHIBITED.

  1. ELIGIBILITY: Not Open to the General Public. Open only to legal residents of the forty-eight (48) contiguous United States and District of Columbia (excluding Hawaii and Alaska), who are at least 18 years of age and of the age of majority in their state of residence (19 In AL & NE), and who own an ice cream Parlor (as defined below) that has suffered financial hardship in the recent years. 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 Contest (collectively, “Contest 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 Contest). Void in Hawaii and Alaska, and where prohibited.

    By entering, entrant represents and warrants that they are the sole owner of an ice cream parlor in the 48 contiguous United States or the District of Columbia (“Parlor”) and has authority to enter this Contest as the owner of such Parlor. If you do have a co-owner, that co-owner needs to give their permission for entrance into this Contest and will need to co-sign the documentation for winner verification.

  2. CONTEST OVERVIEW: Take a photo showing your ice cream Parlor (a “Photo”) that struggled during the last few years and submit the Photo of your Parlor, along with a short essay, as described in Section 4 below, to win cash and/or a Parlor makeover (“Refresh”). Photos do not need to show the Sponsor’s product to be eligible. A panel of judges will pick the top Entry for the Grand Prize (as defined below), along with three (3) First Prizes and twenty-five (25) Second Prizes, based on the criteria outlined in Section 6 below.

  3. CONTEST PERIOD: Contest entry begins on Wednesday, July 7, 2021, at 12:00:00 a.m. Central Time (“CT”) and ends on Monday, July 12, 2021 at 11:59:59 p.m. CT (the “Contest Period”). The Website server is the official clock for this Contest.

  4. TO PARTICIPATE AND ENTER: During the Contest Period, eligible entrants may visit bluebunny.com/heartoffun (the “Website”) and follow the on-screen instructions to complete the registration form. You will be asked to upload your Photo, and submit a short story telling us about your ice cream Parlor, how your financial struggles have affected the Parlor, how the grant can have a positive impact on the Parlor, and how the community will benefit from keeping the Parlor open with the Refresh (collectively, the “Essay”), to receive one (1) entry (Photo and Essay, collectively the “Entry”) into the Contest.

    Limit one (1) Entry per person/email address/Parlor during the Contest Period. For an Entry to be valid, entrant must complete the registration form with all required information, upload one (1) Photo, and submit the Essay, all during the Contest Period. Any incomplete Entries will be considered ineligible. Standard data rates may apply if the Website is accessed via a mobile device, and entrants are solely responsible for any such charges. Automated means of participation are prohibited, and any use of automated devices will cause disqualification. 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. Only fully completed entries are eligible. Entrants may not enter with multiple email addresses, nor may entrants use any other device or artifice to enter/play multiple times above the stated limit or as multiple entrants. Any entrant who attempts to enter/play with multiple email addresses or uses any device or artifice to enter/play 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 Contest. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.

    Each Essay must be 500 words or less. Photos must be 4MB or less, and in one of the following file formats: .jpg or .png. Each Entry must be suitable for display and publication in all forms of media, including but not limited to the internet, the World Wide Web, print, radio, and network, cable, or satellite television broadcast.

    Entry Requirements: If applicable, entrants represent and warrant that their Entry is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Entry via various media including Web posting will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Releasees (defined below) from any claims to the contrary. Any entrant whose Entry includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks, or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a winner.

    By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

    BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. Submission of Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant.

    All Entries you submit must conform to the additional submission requirements set forth herein:

    • Entry must comply with these Official Rules and any terms of use on the Website;

    • Entry must comply with the posting requirements set forth above;

    • Entry cannot be sexually explicit or suggestive, unnecessarily violent, or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;

    • Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;

    • Entry cannot be obscene or offensive, endorse any form of hate or hate group;

    • Entry cannot defame, misrepresent, or contain disparaging remarks about Sponsor or its products, or other people, products, or companies;

    • Entry cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than Sponsor’s brands/products), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;

    • Entry cannot infringe on copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies, or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest;

    • No background artwork should appear in an Entry unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Entry must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;

    • Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;

    • Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (as determined by Sponsor in its sole discretion); and

    • Entry cannot depict, and cannot itself, be in violation of any law.

    ENTRIES POSTED TO THE WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Entry submission requirements set forth herein in its reasonable discretion.

    Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Entry Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any drawing.

    Privacy Policy: Information submitted in connection with this Contest is governed by Sponsor’s Privacy Policy (available at www.bluebunny.com/privacy-policy).

  5. CRITERIA AND SELECTION OF WINNERS: At the conclusion of the Contest Period, all eligible Entries will be judged by a qualified panel of judges selected by the Sponsor. Entries will be judged based on the following judging criteria:

    1. Did the Parlor struggle financially through the last few years? Can the grant and refresh make a positive impact on the Parlor after your financial struggles? (40%)

    2. Does this Parlor have a unique story? (40%)

    3. Has this Parlor been a source of “fun” for the community? Will the community benefit from the Parlor remaining open? (20%)

    Entries will be assigned a score from 1 to 100 (1 being the lowest and 100 being the highest) for each judging criteria (including ties), and the one (1) Entry with the highest total score will be declared the Grand Prize winner, subject to verification, next three (3) highest scores will be declared the First Prize winners, subject to verification, and the next twenty-five (25) highest scores will be declared the Second Prize winners, subject to verification. In the event of a tie, the tie breaker will be based on the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed to break the tie. Entrants agree that the judges and Sponsor have the sole right to decide all matters and disputes arising from this Contest and that all decisions are final and binding in all respects. All verified winners will be announced on Blue Bunny’s Website and social media on Sunday, July 18, 2021.

    The Sponsor’s judges reserve the right to identify fewer than the twenty-five (25) Second Prize potential winners in the event the Sponsor does not receive a sufficient number of eligible and qualified Entries, as determined in their sole discretion. Judging scores will not be revealed.

    Background Checks for potential winners: Sponsor reserves the right to conduct a background check on the potential winners and their businesses using all legal means and all publicly available information, including but not limited to civil and criminal records, and potential winners will consent to such a background check by entering this Contest. Sponsor reserves the right to disqualify any potential winner who has been convicted of a felony or any crime of moral turpitude, which would reflect negatively upon Sponsor by Sponsor’s association with such person or person’s business.

  6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”)

    One (1) Grand Prize: A $15,000 grant, awarded in the form of a check made out to the Parlor, which may be used for the Parlor to continue operation, and $5,000, awarded in the form of a check made out to the Parlor, to be used toward the purchase of Blue Bunny products. Additionally, the Sponsor may spend up to $30,000 toward a refresh of the Parlor, and up to $5,000 toward a grand re-opening party, with local permits, to take place on 7/31/21 (collectively, the “Refresh”). Total ARV of Grand Prize: Up to $55,000.

    Sponsor will work with the Grand Prize winner to align on a Refresh plan that suits the Parlor. Sponsor, however, shall have sole discretion regarding the resources devoted to the Refresh and all decisions related thereto. As part of the Refresh, Sponsor may (but is not obligated to) provide some of the services listed below.

    Refresh of the Parlor would take place after Grand Prize winner verification (including upon completion of background check), from approximately 7/15/21 to 7/31/21 (ALTERNATE DATES ARE NOT AVAILABLE). For clarity, the Refresh will not include a full remodel of the space or structural adjustments, but may include:

    • Cosmetic updates
    • Fresh coat of paint
    • Updated freezers
    • Updated light fixtures
    • Updated stools/chairs
    • Updated outdoor space

    All grand prize details (including, without limitation, the Refresh details) will be determined by Sponsor in its sole discretion. If the Sponsor spends less than $30,000 on a Refresh (all as determined by Sponsor in its sole discretion), such amount shall be forfeited, and the winner shall not be entitled to any difference between the amount actually spent and the $30,000.

    Three (3) First Prizes: a $4,000 grant, awarded in the form of a check made out to the Parlor, for the Parlor to get back on its feet, $1,000, awarded in the form of a check made out to the Parlor, to be used toward the purchase of Blue Bunny products and $1,000, awarded in the form of a check to the Parlor, to pay the Parlor to distribute free frozen desserts to consumers (“Pick Up the Tab”) for National Ice Cream Day, on a day of the ice cream Parlor’s choosing from July 19, 2021 to July 23, 2021. ARV of each First Place prize: $6,000. Total of all First Prizes: $18,000.

    Twenty-five (25) Second Prizes: $1,000, awarded in the form of a check to the Parlor, to pay the Parlor to distribute free frozen desserts to consumers (“Pick Up the Tab”), for National Ice Cream Day, on a day of the ice cream Parlor’s choosing from July 19, 2021 to July 23, 2021. ARV of each Second Place prize: $1,000.Total of all Second Prizes: $25,000.

    All First and Second Prize Parlors participating in National Ice Cream Day “Pick Up the Tab” free frozen dessert day will be shown with their participant date on Blue Bunny’s site at the time of winner announcement.

  7. PRIZE RESTRICTIONS (applicable to all prizes): Limit one (1) Prize per Parlor. Prizes are non-transferable, not redeemable for cash, and no prize substitution is permitted, 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 for any reason. Grand Prize 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 Grand Prize winner. Any difference between the stated ARV and actual value at the time the prize was awarded will not be awarded.

  8. PRIZE NOTIFICATION AND PRIZE CLAIM: Potential prize winners are subject to verification, including verification of age. ALL POTENTIAL PRIZE WINNERS WILL BE NOTIFIED VIA EMAIL SUPPLIED AT REGISTRATION ON 7/13/21 AND WILL HAVE FORTY-EIGHT (48) HOURS TO RETURN PAPERWORK. Potential winners will be required to verify his/her eligibility by completing, signing, notarizing, and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (granting the use of the winner’s name, city/state, likeness, or photograph by Sponsor for advertising/publicity purposes, without further compensation), a U.S. tax form W-9, and supply a copy of their Driver’s License or government-issued I.D by 12:00:00 pm CT (noon) on Thursday, July 15, 2021, or the prize will be forfeited, and an alternate Grand, First or Second prize winner may be contacted, if time permits.

    Prize may be forfeited, and an alternate winner may be contacted, time allowing, if: (1) a prize notification is unclaimed or returned as undeliverable; (2) if notification is not received in a timely manner for any reason including because of spam filters; (3) if any prize correspondence is not returned within the required time period; (4) or, if the potential winner declines the prize (or any portion) for any reason, or is found to be ineligible (including, without limitation, if any background check returns any felony convictions or crimes of moral turpitude). or noncompliant with these Official Rules. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of entrants. Unclaimed prizes will not be awarded.

    Taxes: Winners are solely responsible for any taxes on the prize, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The Winners will be issued an IRS Form 1099 in January of 2022 reporting the value of the prize, as shown above, as additional income in 2021. As a condition of winning, each potential winner will be required to complete a W9 Tax Form and will be required to furnish his/her social security number or business FEIN for the sole purpose of preparation of any tax forms as required by law.

    First and Second Prize Delivery: The First and Second prizes may be sent to the verified winners via bank transfer, if mail does not permit enough time needed for check delivery to the winners before their Pick Up the Tab day.

    Grand Prize Delivery: Grand Prize prizes may be sent to the verified winners via bank transfer, if mail delivery does not permit enough time needed for check delivery before the refresh starts. The Sponsor will be in contact with and work with the Grand Prize winner for the refresh and grand re-opening scheduled for July 31, 2021. The Grand Prize winner will not be participating in the National Ice Cream Day Pick Up the Tab promotion.

  9. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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 Contest 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 Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Contest. In the event of cancellation, Sponsor will award the prizes in a drawing from among all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost, or destroyed, entrant’s sole remedy shall be another entry into the Contest.

  10. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by sponsor or contest parties (collectively, “releasees”) resulting from entrant's participation in, attempt to participate in, or download of any information in connection with participating in the contest. 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 contest: 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 contest, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the contest. 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 contest, use of the website, or the download of any information from the website, or any other loss related to entrant’s participation in the contest 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 contest and the awarding, receipt, possession, and/or use or misuse of any prize.

  11. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Contest 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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

    BY PARTICIPATING IN THIS CONTEST, 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 CONTEST, 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.

  12. PUBLICITY: Submission of an entry, including any prize notification documents (“Entrant Data”), constitutes your consent for Sponsor to obtain, use, and transfer your Entrant Data for Contest administration purposes.

    Each winner hereby expressly grants to the Contest 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 Contest (“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 a winner, your information may also be included in a publicly-available winner’s list and listed on social media sites as set forth above. 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 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 Contest, 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 Contest 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.

  13. 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 Contest, 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 matter 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.

  14. WINNERS LIST: The list of winners will be available on the Website, bluebunny.com/heartoffun, for thirty (30) days following verification.

  15. SPONSOR AND ADMINISTRATORS: This Contest is sponsored by Wells Enterprises, Inc., 1 Blue Bunny Dr. SW, Le Mars, IA 51031 and administrated by Marketing Resources, Inc., 1144 Lake St., Oak Park, IL 60301 (“Administrator”).

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