Halo Top® Gingerbread House Candle Giveaway 2021 Sweepstakes

Official Rules


BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. MINORS MUST HAVE THE EXPRESS PERMISSION OF THEIR PARENT OR LEGAL GUARDIAN, WHO MUST AGREE TO THESE OFFICIAL RULES.



  1. SWEEPSTAKES PERIOD: The HALOTOP® GINGERBREAD HOUSE CANDLE GIVEAWAY 2021 SWEEPSTAKES (the “Sweepstakes”) begins at the time of social posting on Instagram on 11/02/2021 and ends at 12:00 pm CT on 11/12/2021 (the “Sweepstakes Period”). Sponsor’s computer is the official clock for the Sweepstakes.

  2. ELIGIBILITY: Sweepstakes only open to residents of the United States and the District of Columbia who are at least 13 years or older as of 11/02/2021 ("Entrants"). If you are under the legal age of majority in your state of residence (a "Minor"), one of your parents or legal guardians must submit a signed, written statement that they have read, understood, and agreed to these Sweepstakes rules with your entry, and that such agreement constitutes acceptance of these Sweepstakes Rules on behalf of you and themselves. Your parent or legal guardian must have reached the age of majority in the state in which they reside. Employees of Sponsor, their affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (“Sweepstakes Entities”), their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and those living in the same household of each such individual, whether or not related, are not eligible to enter or win.

  3. HOW TO ENTER: METHOD OF ENTRY: There is one (1) method of Entry for this Sweepstakes. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

    To enter, you must have or create an Instagram account. Membership on this social media platform is free. After you have established your Instagram account, locate the @HaloTopCreamery page on the platform. During the Sweepstakes Period: (1) like the post advertising the Sweepstakes; (2) tag a friend in the comments section beneath the post (one tag per comment and every new tag is an entry); and (3) follow @HaloTopCreamery. You will also receive a BONUS ENTRY if you share the post to your story & tag @Halotopcreamery.

    LIMITS: There is no limit of entries per person for the Sweepstakes Period. All Entries become the property of Sponsor. Each potential winner may be required to show proof of being an authorized account holder. Instagram is not a sponsor, does not endorse, and is in no way affiliated with the Sweepstakes.

    ENTRANT DATA AND PRIVACY: Submission of the Entry, including any prize notification documents (“Entrant Data”), constitutes your consent for Sponsor to obtain, use, and transfer your name, address, and other details for Sweepstakes administration purposes. Any Entrant Data shall be used only in a manner consistent with the consent given by Entrants at the time of entry, with these Official Rules, with the Children's Online Privacy Protection Act (COPPA), and with Sponsor’s Online Privacy Policy, which can be found at https://wellsenterprisesinc.com/privacy-policy. It is the general policy of Sponsor not to share personally identifiable information with third parties. By accepting a prize, Winner consents to the use of his/her name and biographical information, including city and state of residence, for promotional purposes by Sponsor and its designees, including but not limited to the posting of winner’s name on the Sponsor website, and in a Winners List, without additional compensation, except where prohibited by law (“Promotions”). All copyright, trademark, or other intellectual property rights in such Promotions shall be owned by Sponsor or its licensors, and Winner hereby disclaims and waives any claim of right to such Promotions. Such Promotions shall be solely under control of Sponsor or its licensors, and Winner hereby waives any claim of control over the Promotions’ content, as well as any possible claims of misuse of Winner’s name under contract, tort, or any other theory of law.

  4. PRIZES, PRIZE DRAWING, AND ODDS OF WINNING: PRIZE DRAWING: Sponsor will conduct a random prize drawing from all eligible entries received during the Sweepstakes Period. The drawing will be conducted within 48 hours of the end of the Sweepstakes Period. Odds of winning depend on number of eligible entries received. Sponsor will notify Potential Winners by 11/19/2021.

    PRIZE DETAILS: Total of one prize consisting of one Gingerbread House candle and custom Halo Top matches. The Prize will be shipped to Winner at the address provided to Sponsor. The Potential Winner is responsible for responding and providing the correct ship-to address within two days after issuance of notification. A signature may be required at the time of delivery. Only one prize will be awarded to Winner.

    PRIZE AWARDING: All Prizes will be awarded, provided more than enough entries have been received. Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except by Sponsor. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. A potential winner may be required to sign an affidavit of eligibility, consent, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and submit same, properly executed, within seven (7) days of issuance of notification. If the potential winner is a Minor, Sponsor will have the right to request that the potential winner’s parent or legal guardian sign the Affidavit on behalf of the winner, or to award the prize directly in the name of the winner’s parent or legal guardian, who in such event will be required to sign the Affidavit. If a prize or prize notification is returned as undeliverable; or if a Potential Winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Official Rules, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever; or otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the Affidavit is received within the specified time period, is verified, and receives final approval by Sweepstakes Entities, then and only then will a Potential Winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Sweepstakes.

    PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. Winner will not be obligated to purchase any other Sponsor products or services. Entrant agrees to indemnify, release, and hold harmless Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the prize resulting from participating in this Sweepstakes. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors, and administrators relative to Entrant’s use of the prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the prize awarded to Entrant.

  5. CONDITIONS OF ENTRY: Sweepstakes Entities are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there are any difficulties that compromise the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify, cancel, or terminate the Sweepstakes, in whole or in part, at any time without notice, and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date. In the event of time of war, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or other matters beyond the Sponsor's reasonable control, Sponsor has the right, in its sole discretion, to terminate the Sweepstakes. Notice of such action will be posted online at link in Instagram Bio. Caution: Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

  6. DISPUTES: This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in the State of Illinois.

    BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, 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), NOT TO EXCEED FIFTY DOLLARS ($50.00), 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 NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY.

  7. WHO WON: For the name of the prize winner, please check back to the link at the bottom of the page.

  8. SPONSOR: Wells Enterprises, Inc., 351 W. Hubbard St., Suite 801, Chicago, IL 60654.

  9. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will 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 will not constitute a waiver of that provision. When terms such as "may" are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy, or terms of use on Sponsor’s Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

Sponsor: Wells Enterprises, Inc. 1 Ice Cream Dr, Dunkirk, NY 14048

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY INSTAGRAM.

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