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BLUE BUNNY "NAME THE FROZE TOES™ CHARACTER" CONTEST
NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Open to legal residents of the 50 United States and the District
of Columbia who enter at Bombpop.com during the Promotion Period. Employees,
officers and directors of Wells' Dairy, Inc. ("Sponsor"), its ice cream vending
companies, web suppliers, their respective subsidiaries, affiliates,
advertising and promotion agencies, any other entities involved in the
creation, production and/or execution of this promotion, and members of their
immediate families (spouses and parents, siblings, children and their spouses
and in-laws) and persons living in their household (whether related or not)
(collectively, "Sponsor and its agents") are not eligible. Void where
prohibited and subject to all laws. Contest begins at (TIME) on 8/22/06, and
will continue until (TIME) 9/22/06 (the "Promotion Period"), which will be
posted on the Website.
2. TO ENTER: Visit www.bombpop.com
(the "Website") and click on "contest" and follow the instructions on the
contest entry page and provide all the information called for on the online
entry form. Enter as often as you want. Entrants under the age of 13 are
required to provide a Parent/guardian e-mail address in order to gain consent
to enter.
3. DRAWINGS/PRIZES: During or about the week of October 2, 2006, winners will be
notified by email at the email address provided on their entry form. If the
entrant is under 13, their Parent/Guardian will be emailed. Winner will be
required to complete, sign and return an Affidavit of Eligibility, a Liability
Release and, except where prohibited, a Publicity Release within time specified
by Sponsor. If required documents are not timely returned, prize will be
forfeited. If a winner fails to respond within the time specified, the prize
will be forfeited. Prizes will be awarded as follows: one Grand Prize winner
will receive a Game Boy Advance SP, (Approximate retail value $100.00). One
first Prize winner will receive a pair of walkie-talkies (ARV $50.00), and one
second Prize winner will receive a Super Soaker™
(ARV $30.00).
No prize transfers or cash redemptions permitted. No prize substitutions, in
whole or in part, except at Sponsor's sole discretion, in which case a prize of
comparable or greater value will be awarded. Taxes on prizes and all expenses
related to acceptance and use of prizes are the sole responsibility of winners.
4. JUDGING: Judging will be completed by a panel of experts. The panel will
review all eligible entries and will select one Grand Prize winner, one first
Prize winner and one Second Prize winner. Judging will be based on the
following criteria:
a. Originality 50%
b. Creativity 50%
If there are two entrants with the same name, the first to submit it will be
deemed the winner, and the second to submit it will receive the next lowest of
the three prizes.
Any ties will be re-judged using the same criteria.
5. GENERAL: Any promotion materials, including the offer or these Official
Rules, which contain production, printing or typographical errors, or are
obtained outside authorized or legitimate channels are void; and Sponsor's
liability, if any, is limited to the replacement of such materials. Recipients
of such materials release the Released Parties from any and all losses, claims
or damages that may result therefrom. Contest materials are automatically void
if they are reproduced, mutilated, forged, altered or tampered with in any way.
By participating, entrants agree (a) to these rules and decisions of Sponsor
and judges, which shall be final in all respects relating to this Contest; (b)
to release Sponsor and its Agents from any and all liability, losses or damages
of any kind resulting from their participation in the promotion or their
acceptance, use or misuse of a prize, including liability for personal injury
or death; (c) if a winner, to the use of name and/or photograph for advertising
and publicity purposes without compensation credit, right of review or approval
(unless prohibited by law) and to execute written consent to such use if asked
to do so, and to the announcement of their name, city and state; and (d) that
Sponsor and its agents have not made any representation, warranty or guaranty,
in whole or in part, in law or in fact, relative to the prizes. Sponsor and its
agents are not responsible and shall not be liable for (a) any computer,
online, telephone or technical malfunctions that may occur, for any incorrect
or inaccurate information, whether caused by website users, any of the
equipment or programming associated with or utilized in the Contest, or any
technical or human error which may occur in the processing of submissions in
the Contest, any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorized access to or alteration of entries or for any problems, failures
or technical malfunction of any telephone network or lines, computer online
systems, servers, providers, computer equipment, software, email, players or
browsers on account of technical problems or traffic congestion on the
Internet, at any website or on account of any combination of the foregoing; (b)
failed, incomplete, garbled or delayed computer transmissions; (c) late, lost,
stolen, illegible, postage-due, incomplete, damaged, misplaced or misdirected
entries or mail; and (d) any condition caused by events that may cause the
promotion to be disrupted or corrupted. Sponsor reserves the right in its sole
discretion to cancel or suspend the Contest or any portion thereof should
viruses, bugs, or other causes corrupt the administration, security fairness or
proper play of the Contest; in which case, all prizes will be awarded using the
above criteria for eligible entries legitimately received prior to cancellation
or suspension. In case of a dispute, entries will be declared made by the
authorized account holder of the email address used to participate at the time
of entry. "Authorized account holder" is defined as the natural person who is
assigned to an email address by an Internet access provider, online service
provider, or other organization (e.g. business, educational institution, etc.)
that is responsible for assigning email addresses for the domain associated
with the submitted email address. CAUTION: ANY ATTEMPT BY AN ENTRANT TO
DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE
PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, 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. In no event will Sponsor,
Administrator, their respective parents, affiliates, subsidiaries, and related
companies, advertising or promotion agencies, or any of their respective
officers, directors, employees, agents and representatives (the "Released
Parties") be responsible or liable for any damages of losses of any kind,
including direct, indirect, incidental, consequential or punitive damages
arising out of participants' access to and use of the Website or the
downloading from and/or printing material downloaded from the Website. Without
limiting the foregoing, everything on the Website is provided "as is," without
warranty of any kind, either expressed or implied, including but not limited
to, the implied warranties of merchantability, fitness for a particular purpose
or non-infringement. Information submitted with an entry is subject to the
Privacy Policy stated on the Website. Entries become the property of Sponsor.
6. ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants agree that: (a)
any and all disputes, claims, and causes of action arising out of or connected
with the Contest, or any prize awarded, or the determination of the winners,
shall be resolved individually, without resort to any form of class action, and
exclusively by arbitration pursuant to the Rules of the American Arbitration
Association, then effective, and (b) any and all claims, judgments and awards
shall be limited to actual out-of-pocket costs incurred, including costs
associated with entering the Contest, but in no event attorney's fees; and (c)
under no circumstances will entrant be permitted to seek or obtain punitive,
incidental or consequential or any other kind of damages. All issues and
questions concerning the construction, validity, interpretation and/or
enforceability of these Official Rules, or the rights and obligations of
entrant and/or Sponsor in connection with the promotion, shall be governed by,
and construed in accordance with the laws of the State of Iowa, without regard
for its conflicts of law doctrines, and all proceedings shall take place in
Plymouth County, Iowa.
7. WINNERS LIST: For a list of winners, mail a self-addressed, stamped envelope
to: "Name the Froze Toes Character Contest", c/o BEAP, 423 West 8th St., Kansas
City, MO 64105.
Sponsor: Wells' Dairy, Inc., 1 Blue Bunny Drive, LeMars, IA 51031.
©2006 Wells' Dairy, Inc. All rights reserved.
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