Ben & Jerry's 'Do The World A Flavor' Contest

RULES IN BRIEF

• NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
• To enter go to the specific Ben & Jerry's URL for your country as listed below or to the Ben & Jerry's Homemade, Inc. corporate Facebook page at www.facebook.com/benjerry. Click on the Promotion icon which will take you to the "flavor generator"; fill in the official entry form on the flavor generator page; develop your ice cream using the online flavor generator which has predetermined 18 flavors, 18 chunk varieties and 18 swirl varieties to choose from; and name your flavor. If you submit an identical entry as someone else, you must fill in the Ben & Jerry's tiebreaker in 100 words or less. You may also upload a picture to represent your entry. 5 entries maximum per person.
• The Ben & Jerry's "Do the World a Flavor" Contest ("Promotion") begins April 14, 2009 at 12:00:01AM Eastern Time ("ET"), 05:00:01 AM Greenwich Mean Time ("GMT"), and ends May 26, 2009 at 11:59:59PM ET, 04:59:59 AM GMT ("Promotion Period").
• Open to residents of Belgium, Denmark, Finland, France, Germany, Hong Kong, Ireland, Mexico, Netherlands, Portugal, Singapore, Spain, Sweden, Switzerland, Turkey, the United Kingdom and the United States including the District of Columbia (excluding Puerto Rico) who are 18 years of age or older as of their date of entry and who speak English.
• Total Prize Fund is 17 Second Prizes (one per country) and 17 First Prizes (one per country) and 1 Grand Prize. Available to win in the UK are:
  • Second Prize: 12 coupons to redeem 12 x 1 pint of Ben & Jerry's ice cream;
  • First Prize: a trip in 11.09 for one to the Dominican Republic including return economy flights, 5 nights single room accommodation in a 4* hotel, hotel-airport transfers and 3 meals per day; and
  • Grand Prize: launch of winning flavor in 2010 as Ben & Jerry's tub in Europe and Turkey and a limited edition scoop shop flavor in US, Mexico, Israel, Hong Kong and Singapore.
• No cash alternative. Prizes are non-transferable 

FULL OFFICIAL RULES

1 - CONTEST DESCRIPTION:
Ben & Jerry's each year receives tens of thousands of flavor ideas from consumers all around the world. Thanks to these ideas, we've launched some of our most iconic flavors: Chunky Monkey, Cherry Garcia and Cookie Dough to name a few. Undoubtedly, our fun names and chunky flavors have become our hallmark. So, we are actively seeking consumers to help the brand's fun approach to ice cream by launching an official flavor contest to determine our next new global flavor.

2 - START and END DATES and TIMES:
The Ben & Jerry's "Do the World a Flavor" Contest ("Promotion") begins April 14, 2009 at 12:00:01AM Eastern Time ("ET"), 05:00:01 AM Greenwich Mean Time ("GMT"), and ends May 26, 2009 at 11:59:59PM ET, 04:59:59 AM GMT ("Promotion Period"). During the Promotion Period there are a series of events which start and end on the specified dates or within five (5) days following the specified dates as noted below:

All Times are Eastern Time Zone, USA unless otherwise stated

3 - PROMOTION ENTITIES:
The Promotion is sponsored by Ben & Jerry's Homemade Inc., 30 Community Drive, South Burlington, VT 05403, U.S.A. ("Sponsor") and administered by Marden-Kane, Inc., 36 Maple Place, Manhasset, NY 11030, U.S.A. (the "Administrator") (collectively referred to as the "Promotion Entities").

4 - ELIGIBILITY:
Submitting an entry in this Promotion ("Entry") is open to persons who, as of their date of entry during the Promotion Period, are at least eighteen (18) years of age or older, speak English and reside in and are legal residents of either Belgium, Denmark, Finland, France, Germany, Hong Kong, Ireland, Mexico, Netherlands, Portugal, Singapore, Spain, Sweden, Switzerland, Turkey, the United Kingdom ("UK") or the United States including the District of Columbia (excluding Puerto Rico) ("US"). Employees, officers, directors, agents, representatives and their immediate family members or residents in the same household (whether legally related or not) of the Promotion Entities and their respective parent, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, any and all other companies associated with this Promotion, and any parties who: 1) are represented under contract (e.g., by a talent agent, manager or other party) that would limit or impair Sponsor's rights in the Entry and ability to show the Entry in any media form as further discussed below; 2) are under a merchandising agreement; or 3) are under any other contractual relationship, that may prohibit them from participating fully in this Promotion, or from allowing Sponsor to use residual-free, the Entry worldwide in all media in perpetuity (except in France, for the duration of the rights) are not eligible to enter or otherwise participate in this Promotion. For purposes of this Promotion, "immediate family members" means parents, spouses, children, siblings, in-laws, grandmothers, or grandfathers. This promotion is void outside each eligible country and where prohibited.

5 - HOW TO ENTER:
See dates and times in Rule #2 above. There is a limit of five (5) entries per person/email address during the Promotion Period. Entries only accepted online.

• Go to the specific Ben & Jerry's URL for your country as listed below or to the Ben & Jerry's Homemade, Inc. corporate Facebook page at www.facebook.com/benjerry.
• Click on the Promotion icon which will take you to the "flavor generator."
• You will develop your ice cream flavor by selecting from the base ice cream options, chunks options and swirls options. This is where you pick the various items that will be options to go into your ice cream.
• Pick your ice cream base. You can select 1 or 2 base ice cream flavors from eighteen (18) optional flavors.
• Hit next to proceed.
• Pick your chunks. You can select 0 – 4 chunk flavors from eighteen (18) optional chunk varieties.
• Hit next to proceed.
• Pick your swirls. You can select 0 – 2 swirl varieties from eighteen (18) optional swirls.
• Hit next to proceed.
• Give your flavor a name.
• OPTIONAL: You will also have the option to upload a picture of yourself, your pet, etc to go on your pint. If you choose to upload a picture of any sort it must be in keeping with Rules #6 below and will not be reviewed by the judges when scoring you entry.
• Hit submit.
• Complete the online entry form which will ask you for the following information: Date of Birth (required only to verify that you are 18 years of age or older in order to proceed in the contest), First Name, Last Name, Address, City, State/Province, Zip or Postal Code, Country, Daytime phone number and Email Address. You will also be required to check the box attesting that you have read and agree to the complete official rules.
• Entries will not be considered final until have successfully submitted all required information as listed above.

IMPORTANT NOTE: Entries must be submitted in English or in the official language of the country of entrant. The name that you give your flavor must be a word or words found in the English Dictionary or in the Dictionary of the official language of the country of entrant. The name can also be a proper name (excluding famous people/names that you do not have rights to), or a combination of each.
In the event two or more identical entries are submitted with the same flavor formulation and flavor name and are determined to be a potential Second or First Prize winners the potential eligible entries involved in the tie will be required to answer a specific question about Ben & Jerry's in 100 words or less.

Your entry will not be officially entered into the Promotion unless you hit the final submit button and receive a confirmation screen that states that your entry was accepted.

Entries become the property of the Sponsor and will not be acknowledged or returned. See Rule 12 below for further details of ownership and use of Entries. Personal information collected from entrant will be used solely for the purposes of the Contest and to notify the winners, and will not be re-used, sold or shared in any manner by Sponsor or any third parties unless you otherwise agree in accordance with Sponsor's privacy policy. (For the avoidance of doubt all data collected from the Ben & Jerry's Corporate Facebook page will be stored on Unilever servers the parent company of Ben & Jerry's and will not be shared with Facebook.)

Entries that do not comply with these Official Rules, as determined in the Sponsor's and/or Administrator's sole discretion will be disqualified from the Promotion. Decisions of Sponsor and/or Administrator are final and binding.

6 - PROHIBITED CONTENT:
Entry must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor and/or Administrator in its sole discretion, and must not:
(i) (i) include trademarks, logos, or copyrighted material not owned by entrant or used without the owner's express written permission (such as people's names, famous names, company names, etc.);
(ii) use of any individuals' names, in whole or in part without permission in a form acceptable to Sponsor;
(iii) include any reference to any public figures;
(iv) contain profanity, sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.); content that promotes violence or harm to another living creature; or any other offensive, obscene, or inappropriate content;
(v) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Sponsor;
(vi) make threats of any kind or that intimidates, harasses, or bullies anyone;
(vii) promote a political agenda regardless of the political affiliation;
(viii) contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without express written permission; or
(ix) violate any local, state, national or international law or post any content that would encourage or provide instructions for a criminal offense and be contrary to the public orders of the designated countries.

Entries that do not comply with these Official Rules, as determined in Sponsor's and/or Administrator's sole discretion, will be disqualified from the Promotion. Decisions of Sponsor and/or Administrator are final and binding.

7 – ENTRY TERMS:
By entering, entrant warrants that his or her Entry and all elements thereof satisfy the content guidelines set forth above including, without limitation, warranting that the elements comprising the Entry in this Promotion:
(i) are the original work of entrant;
(ii) to the entrant's best knowledge have not previously been published or won an award or prize of any kind;
(iii) do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
(iv) are not subject to any third party agreements, and that Sponsor will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition or exploitation of the Entry or elements therein;
(v) has obtained all permissions required to submit the Entry and can provide such permissions using forms that will be provided by Sponsor;
(vi) does not contain any content that is likely to be considered offensive by Sponsor or could reflect negatively the name, reputation, or goodwill of the Promotion Entities.

Each Entry may only be submitted by a single person.  Group Entries will not be accepted.

For purposes of these Official Rules, receipt of Entry occurs when servers assigned to this Promotion successfully receive the uploaded entry file and record the required entry information. Any entry information collected from the Promotion shall be used only in a manner consistent with the consent given by entrants at the time of entry, with these Official Rules, and with Sponsor's Privacy Policy.

Entries will not be returned and may, in Sponsor's discretion, be destroyed. 

Sponsor may prohibit an entrant from participating in the Promotion if Sponsor determines such entrant is attempting to undermine the legitimate operation of the Promotion by cheating, deception, or any other unfair playing practices of intending to annoy, abuse, threaten, undermine or harass any other entrants, users or Sponsor representatives.

8 – JUDGING TO DETERMINE WINNERS:
SECOND AND FIRST PRIZE WINNERS:
All eligible Entries received during the Entry period as described in Rule 2 (above) will be judged by a panel of representatives of Sponsor ("Panel" or "Judges") in each of the countries where this contest is being conducted. At least one member of the Panel will be an independent judge.  The Panel will, in its sole discretion, score each eligible Entry based on the following judging criteria:

• Feasibility to produce the flavor (40%)
• Creativity (20%)
• Flavor Profile (30%)
• Relevance to the Ben & Jerry's brand (10%)

Based on the Panel's scores, the top entry per country is defined as "Potential First Prize"; the next highest scoring entry per country becomes "Potential Second Prize". 
GRAND PRIZE WINNER:
The 17 First Prize winner's entries will be judged based on the above judging criteria by a panel of representatives of Sponsor.  Based on the Panel's scores the top entry from the 17 First Prize winners will become the Grand Prize Winner.

In the event of a tie in either phase of the judging, all tied Entries will be re-judged by an additional, independent judge selected by the respective judging panel, who, using the judging criteria, will break the tie.  The Judges' decisions are final and binding in all matters relating to this Promotion. 

9 – WINNER NOTIFICATION:
The potential First and Second Prize winners will be notified via overnight courier, telephone and/or email on or within five (5) days following the date of June 15, 2009 and will be required to sign and properly complete the following documents and return them via email or facsimile (and subsequently send the completed documents by mail per instructions to be provided) to Administrator (Marden-Kane, Inc.) within seven (7) days of date on notification: (1) an Affidavit of Eligibility and Publicity Release, unless prohibited by law; (2) a Travel Information and Release; (3) such other and further agreements as may be required by the Sponsor with regard to right transfers and releases see your country URL for forms.  If any documents sent by any means to a Potential Winner is returned as undeliverable or if a Potential Winner fails to properly execute and return all documents described herein within the time period noted, or if a Potential Winner is found not to be eligible or not in compliance with these Official Rules, the Potential Winner will be disqualified and, at the sole discretion of the Sponsor, and the next highest scoring Entry in the applicable country will move up and the entrant who submitted such eligible Entry will be notified, time permitting.
If a potential First or Second Prize winner should decline a prize for any reason they will be ineligible for the Grand Prize and the highest scoring entry in that applicable country will move up and the next eligible highest scoring entry in that country will move up to that prize level.
In addition, each entrant acknowledges and agrees that the Promotion Entities reserve the right to disqualify any Potential Winner at any time, in its sole discretion, on the basis of anything contained in or learned or obtained as a result of any submitted Affidavits, Releases or any other forms requested by Sponsor that indicate a breach of these Official Rules.
The Grand prize winner will be determined by a panel of judges based on the above judging criteria and notified while on the First Prize trip to the Dominican Republic in November 2009.  The Grand Prize winner will be required to sign an additional Product Release Form.

10 - PRIZES:

Second Prizes: One (1) per country (17 total):  Ben & Jerry's ice cream.  Prize awarded in the form of 12 Ben & Jerry's coupons each good for 1 pint of ice cream.  ARV: $60.
First Prizes: One (1) per country (17 total): A trip for the winner to the Dominican Republic.  Trip includes round trip coach airfare for one (including applicable sales and airport taxes) from internal airport nearest winners home and hotel for 6 days. Trip also includes three (3) meals per day for six (6) days and ground transportation.  ARV: $7,000 each. 
Grand Prize: One (1) Grand Prize winner awarded to one of the First Prize winners.  The winner's flavor launched as the 2010 global flavor.  Flavor will be produced as a pint for Europe and Turkey and as a limited Edition Scoop Shop Flavor for US, Mexico, HK and Singapore.  Grand Prize has no monetary value. 
Total ARV of all prizes: $120,020.00.
All the above prize values are based on the US Dollar. 

11 - CONDITIONS OF PRIZE:

• Potential winners will be required to complete and return an Affidavit of Eligibility and release of liability/publicity and First Prize winners a Travel Information and Liability release or a Certificate if a resident of the UK.  Failure by any winner to return completed documents within the time specified may result in disqualification and an alternate Winner being determined.  See rule #9 above for more details.
• Prizes are non-transferable and cannot be assigned, redeemed for cash, and no substitutions are permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value if advertised prize is unavailable.
• Any taxes (including income and withholding taxes) on a prize awarded directly to a winner are the responsibility of each winner per the U.S. tax law and per the tax laws for their respective country.

ADDITIONAL CONDITIONS OF FIRST PRIZE TRIP:

• The Prize will be forfeited if:

• Winner is not available to travel on dates specified by Sponsor (currently planned for November 2009).
• The proper travel documents are not obtained by the Winner by the date specified by Sponsor; or
• Winner does not have the right, at the time of being chosen as a Winner or by the date the trip is booked, to re-enter home country of residence after leaving the Dominican Republic; or
• If any immigration complications arise which prevent a Winner from entering, leaving or traveling within the Dominican Republic.

• Winners must possess and are responsible for obtaining and must have valid ID or other required documentation for travel to and from their home country to the Dominican Republic.
• Winners must not have any medical, legal or any other reason that would prevent them from taking the prize.
• Winners are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain at their own expense and hereby acknowledges that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
• Winners are bound by the terms and conditions of all airlines, hotels and other third party service providers used in connection with the Prize. 
• Sponsor is not responsible if tickets, etc are lost, stolen, or misplaced by Winner and will not be replaced or if booked transportations are missed for any reason.
• All other expenses not stated herein as part of the prize are the winner's sole responsibility.
• Exact dates and locations are subject to change, and are at the sole discretion of Sponsor.  Travel must be completed on dates specified by Sponsor.  Actual value of the trip depends on winner's residence or departure country. Specifics of prize package are subject to availability and Sponsor's sole discretion. Complete terms and conditions of trip will be furnished with prize notification. Other restrictions may apply. 

12 - OWNERSHIP AND USE OF ENTRIES:
By entering this Promotion, and to the extent allowed by law entrants acknowledge and agree that all Entries shall become the sole and exclusive property of Sponsor and that Sponsor shall be free to make whatever use of the Entries as Sponsor shall, in its sole discretion, determine, without further compensation to Entrants. Entrants hereby assign to the Sponsor all rights including without limitation copyright, trade marks, design rights and any other rights (whether registered or unregistered) in their entry whether known or created in the future.  Entrants agree to execute all such documents as may be required to assign the rights in the entries to the Sponsor at any time. Notwithstanding the foregoing to the extent that an assignment is not permissible by law in a particular jurisdiction entrants grant Sponsor and its affiliates, licensees, promotional partners, developers, and third party marketing entities a royalty-free exclusive license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, adapt, publish, exploit, and use Entries themselves and the content of and elements embodied in the Entries, in perpetuity in any and all media, including but not limited to digital and electronic media, (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Except where prohibited by law, each entrant waives and releases Sponsor and its affiliates, licensees, promotional partners, developers, and third party marketing entities from any and all claims that each entrant may now or hereafter have in any jurisdiction based on "moral rights" or "droit moral" or unfair competition with respect to Sponsor's exploitation of Entries without further notification or compensation to entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor and its affiliates, licensees, promotional partners, developers and third party marketing entities or any other person in connection with this Promotion, on the grounds that any use of any Entry, or any derivative works, infringe or violate any rights of any entrant and/or any participant therein.

13 – RIGHTS OF PUBLICITY:
By entering this Promotion, each entrant agrees that Sponsor and its respective affiliates, licensees, promotional partners, and third party marketing entities shall have the right and permission to use and announce the name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Entry for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity (except in France, for the duration of the rights), without any other compensation than the prize win or notice to, or further consent of, the winner to the extent permitted by law.

14 - LIMITATIONS OF LIABILITY:
Except and to the extent that the negative consequences described below are the foreseeable result of matters within the Promotion Entities' reasonable control and are the direct consequence of negligence or default by any of them, neither control the Promotion Entities nor any of their respective parents, subsidiaries, affiliates, application developers, advertising and promotion agencies, legal and financial advisors, any and all other companies associated with this Promotion or any of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively, "Released Parties") are responsible for any incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Ben & Jerry's website(s), or for late, lost, damaged, misdirected, delayed, garbled, incorrect or incomplete entries. 

EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL  RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE PROMOTION ENTITIES AND WARRANTS THAT S/HE IS ELIGIBLE TO PARTICIPATE IN THIS PROMOTION, AND AGREES EXCEPT TO THE EXTENT THAT ANY PERSONAL INJURY OR DEATH IS CAUSED BY THE RELEASED PARTIES' NEGLIGENCE OR BREACH OF THESE OFFICIAL RULES THAT THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES), ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY ENTRY MATERIAL, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANT'S BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE PROMOTION, INCLUDING THESE OFFICIAL TERMS. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

15 – GENERAL CONDITIONS:
Sponsor will not enter into any correspondence, including e-mail, with entrants, except for potential winners. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter is prohibited and such Entries will be void. In the event of a dispute as to the identity of an entrant based on an e-mail address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. The Promotion Entities reserve the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Promotion or violating these Official Rules and void all associated Entries. Sponsor may cancel, modify or suspend the Promotion should a virus, bug, computer problem, unauthorized intervention or other causes outside the Sponsor's reasonable control corrupt the administration, security or proper play of the Promotion, or by any force majeure, any actions, regulations, orders, or requests by any governmental or quasi-governmental entity, equipment failure, including overloading of a website due to excessive uploads, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared) fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond Sponsor's sole and reasonable control.  In the event of termination, Sponsor reserves the right, at its sole discretion, to determine the winners for each country from among all non-suspect, eligible entries received from each country up to time of such action using the judging procedure set forth herein. 

Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to provide the Entry to Sponsor for purposes of the Promotion does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules.

16 – SIMILAR IDEAS:
Notwithstanding the provisions of Clause 12 each entrant understands and acknowledges that the Sponsor has wide access to product ideas, and that new ideas are constantly being submitted to them or being developed by their own employees.  Each entrant also acknowledges that many product ideas may be competitive with, similar to, or identical to content in the Entry and/or each other in ingredients, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Promotion Entities' use of any such similar or identical material that has or may come to Sponsor, or any of them, from other sources. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant's copyright in and to the submission to the extent permitted by law. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of any Sponsors' actual or alleged exploitation or use of any submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Entry, and entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
In addition to the above terms each entrant agrees to the terms and conditions stated in Ben & Jerry's Agreement and Policy Concerning Suggestions briefly restated below:

• Anything you submit to us through the Suggestion Box that is used by Ben & Jerry's shall be owned by Ben & Jerry's.
• Anything you submit to us through the Suggestion Box is not confidential and Ben & Jerry's has no duty or obligation to hold it in confidence.
• You are not aware that your suggestion is owned or claimed to be owned by a third party or that it infringes the patent, copyright, trademark or other intellectual property rights of another.
• You do not rely, in submitting your suggestion, on any expectation, understanding, prior communication, or contract you believe is implied, and you understand that only the terms written in this Agreement apply to your submission of your suggestion.
• To the extent the terms of Ben & Jerry's general web site Privacy Statement, Terms of Use, and/or any other statements, policies or agreements applicable to the use of Ben & Jerry's web site in general, shall differ from the terms of this Agreement, the terms of this Agreement shall apply and shall be controlling.

The complete terms of the Ben & Jerry's Agreement and Policy Concerning Suggestions can be found here.

17 – CHOICE OF LAW:
This Promotion is governed by U.S. law and is subject to all applicable federal, state, and local laws. Any and all legal actions or claims arising in connection with this Promotion where permitted by the rule of law shall be brought in a court of competent jurisdiction in the City of Burlington, in the State of Vermont.

18 – COUNTRY SPECIFIC NOTICES:
If any provision of these rules is invalid under the laws, rules or regulations of a particular country, it will only apply to the extent permitted and adjusted as legal to satisfy Sponsors objectives.  In addition, entrants are required to abide by the applicable laws, rules and regulations of the entrants' country of residence as they may pertain to participation in this Promotion.   

19 – ADDITIONAL TERMS FOR FRENCH ENTRANTS:
French Potential winners will receive a document called "Affidavit of Eligibility and Publicity Release" destined to obtain his/her free consent to use his/her full names, likeness, city of residence and photographs for promotional purposes and without additional compensation. In any case, the lack of consent does not prevent the winner from receiving the prize.
Personal data: Personal information collected from Entrants will only be used for the purpose of administering this Contest. Sponsor will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes, unless Entrant has given his prior express consent to receive additional information from Sponsor or a third party.

Entrants have a right of access to, modification and withdrawal of their personal data. They also have the right of opposition to the data collection, under certain circumstances. To exercise such right, Entrants may write to: Ben & Jerry's Homemade Inc., 30 Community Drive, South Burlington, VT 05403, U.S.A.

20 – ADDITIONAL TERMS FOR UNITED KINDOM RESIDENTS:
Potential First and Second Prize Winners from the United Kingdom will be required to complete a Certificate of Eligibility and Publicity rather than an Affidavit of Eligibility and Publicity Release unless prohibited by law. 
Potential United Kingdom Winners at any time, may be disqualified by Sponsor in its sole discretion, on the basis of anything contained in or learned or obtained as a result of any submitted Certificates, Releases or any other forms requested by Sponsor that indicate a breach of these Official Rules.

21 – ADDITIONAL TERMS FOR EUROPEAN UNION RESIDENTS:
By entering this Promotion, your information is going to be transferred outside the European Union (EU). The data controller is: Unilever UK Limited, Unilever House, Springfield Drive, Leatherhead, KT22 7GR and contact can be made through Mike Robinson (mike.robinson@unilever.com) +44-(0)1244-501000 and the recipients of the data are: Ben & Jerry's Homemade Inc., 30 Community Drive, South Burlington, VT 05403, U.S.A. as well as Marden-Kane, Inc. of 36 Maple Place, Manhasset, NY 11030 U.S.A. All information submitted as part of this Contest will be treated in accordance with The European Union (EU) Data Protection Act, Sponsor's privacy policies listed above and available at http://www.benjerry.com/contact-us/privacy.cfm.  Personal information will be used by Sponsor only in connection with this contest as provided in these Official Rules.  Sponsor will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the purposes of the Contest, unless Entrant has given his prior express consent to receive additional information from Sponsor or a third party.  Entrants have the right to access, withdraw, and correct their personal data.  Entrants may request such action by email or mail at: Email: flavor.contest@benjerry.com or Mail: Ben & Jerry's Homemade Inc., ATTN: Integrated Marketing, 30 Community Drive, South Burlington, VT 05403, U.S.A.

22 – WINNERS:
Winners will be posted on the Ben & Jerry's website on the dates specified in Rule #2.  Winners will remain up on the Ben & Jerry's website for 30 days from date posted.