NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, AND PUERTO RICO, WHO ARE 13 YEARS OF AGE AND OLDER AT THE TIME OF ENTRY. VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
1- PROMOTION PERIOD: No purchase necessary to enter or win a prize. A purchase will NOT increase your chance of winning. The Ben & Jerry’s “Taste Test” Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM EST on April 8, 2014 and ends at 11:59:59 PM EST on October 31, 2014. Online entries must be received by 11:59:59 PM ET on October 31, 2014. Mail-in entries must be postmarked by October 31, 2014 and received by November 6, 2014. There is a limit of 40 entries per person for the entire Promotion Period no matter the method of entry.
2 - ELIGIBILITY: Open to legal residents of the 50 United States (including the District of Columbia) and Puerto Rico, 13 years of age or older at time of entry. Employees of Ben & Jerry’s, its parent company, affiliates, subsidiaries and advertising and promotion agencies, including but not limited to Marden-Kane, Inc., and members of the immediate families (defined for these purposes as including spouse, biological, adoptive and step-parents, children, and siblings and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to enter and/or win a prize. Void outside the 50 United States, D.C. and where prohibited by law. By participating and/or accepting a prize, entrants agree to be bound by these Official Rules and to accept decisions of the Sponsor as final in all matters relating to this Contest.
3 - HOW TO ENTER: There are two ways to enter:
Automatic Entry: You will automatically receive one (1) entry into the Sweepstakes when you give us your feedback on any of the Ben & Jerry’s flavors available during the Promotion Period (one entry for each flavor you rank; there are approximately 40 Ben & Jerry’s flavors that can be ranked):
(1) Go to participating Ben & Jerry’s Scoop Shop and sample the various Specialty Flavors.
(2) Go to www.benjerry.com/fanatic/ and give us your feedback on any of the Ben & Jerry’s favors you sampled
By Mail: Write your first and last name, complete address, telephone number, date of birth, and e-mail address (optional) (all legibly hand printed) on a 3X5 piece of paper, place in a stamped envelope and mail to: Ben & Jerry’s “Taste Test Sweepstakes” PO Box 601, Garden City, NY 11530-0601. Sponsor will not use personal information obtained through your mail-in entry, except in connection with this Sweepstakes.
Regardless of the method of entry, only forty (40) entries per person for the entire Promotional Period will be allowed. If more than forty (40) entries for the Promotion Period are submitted only the first forty entries submitted will be accepted. Personal information collected from entrant is used only for the purpose of the Sweepstakes and will not be re-used, sold or shared in any manner, unless entrant agrees to receive further information on Sponsor’s products and promotions. All online entries will be deemed to have been submitted by the authorized account holder of the e-mail address. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Upon completion and receipt of the survey, eligible entrants will receive one entry into the sweepstakes. Limit one entry per person/email address per day. Entries in excess of limit are void.
4 - RANDOM DRAWING: Prizes will be awarded in a random drawing conducted by Marden-Kane, Inc., an independent judging organization, on or about November 14, 2014, from among all eligible entries received. Odds of winning a Prize depend upon the total number of eligible entries received. Decisions of the judges will be final and binding on all matters relating to this Sweepstakes.
5 - PRIZES: Five (5) Grand Prizes: A $500 Ben & Jerry’s gift card. Approximate Retail Value: $500 USD each. Terms and conditions as stated on Ben & Jerry’s gift card will apply. Ben & Jerry’s gift cards can only be used at Ben & Jerry’s Scoop Shops. Total Approximate Retail Value of all prizes: $2,500.00. Allow 6 – 8 weeks from eligibility verification for prize delivery by mail. Prizes will be awarded. No substitution, barter, transfer, or assignment of prize permitted, except by Sponsor at its sole discretion. Sponsor reserves the right to substitute a prize of comparable or greater value. All taxes on a prize and other expenses related to acceptance or use of the prize are the sole responsibility of the winner or parent/legal guardian of minor winner.
6 - WINNER NOTIFICATION: Potential winners will be notified by mail, email and/or phone and may be required to complete and return an Affidavit of Eligibility and Liability and where legal, Publicity Release within 7 days following the date of issuance of notification. Failure of a Winner to contact the Sponsor within the above stated deadline, return Winner’s Documents within the applicable deadline or return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner solely at Sponsor's discretion. If a potential winner cannot be reached or does not respond within specified time frame, is found to be ineligible, or declines to accept the prize, the potential winner may be disqualified in Sponsor’s sole discretion, and in such case Sponsor may select an alternate winner in a random drawing from remaining eligible entries. By entering, entrants agree to be bound by these rules and consent to use of their names and/or photographs for advertising or publicity purposes without further consideration, except where prohibited by law.
7 - CONDITIONS OF ENTRY: By participating in this Sweepstakes, all participants agree that Ben & Jerry’s, its parent company, affiliates, subsidiaries and advertising and promotion agencies, including but not limited to Marden-Kane, Inc., and the officers, directors, and employees of each of the foregoing (“Releasees”) shall have no liability whatsoever for any injuries, losses, or damages of any kind resulting from or in connection with the acceptance, possession, use or misuse of such prize or with participation in this Sweepstakes. Participants further agree that the Releasees are not responsible for the following: (i) electronic transmissions, entries or submissions that are lost, late, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason, (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries or related materials, or for destruction of or unauthorized access to, or alteration of, entries or related material, (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents related to or resulting from participation in this Sweepstakes, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (iv) any entries submitted in a manner that is not expressly allowed under these rules (all such entries will be disqualified); (v) printing errors in these Official Rules or in any advertisements or correspondence in connection with this Sweepstakes: or (vi) cheating or fraud by any participant. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes should virus, bugs, fraud or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Sweepstakes and in such case to award the prize based on the eligible, non-suspect votes received as of the date of cancellation. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
8 - GENERAL CONDITIONS: By accepting a prize, winner’s (or his/her parent or legal guardian if winner is a minor in his/her state of residence) consents to the use of winner’s name, photograph, and limited biographical information for advertising, promotional or trade purposes, including but not limited to online announcements, in commerce and in all media worldwide without limitation or additional compensation or notice, except where prohibited by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
9 - DISPUTES: By participating, Participants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Vermont; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will participants be permitted to obtain awards for, and participants hereby waive, all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official rules, participants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Vermont, without giving effect to any choice of law or conflict of law rules (whether of Vermont or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Vermont.
11 - WINNERS LIST: To request the names of the winners, send an e-mail with subject line: "Ben & Jerry’s Taste Test Winners" to email@example.com. Name of the winners will be available after December 13, 2014, and requests must be received no later than November 29, 2014.
12 - SPONSOR: Ben & Jerry’s Homemade Inc., 30 Community Drive, South Burlington, VT 05403. ADMINISTRATOR: Marden-Kane Inc., 1055 Franklin Ave., Suite 300, Garden City, NY 11530.
If you do not wish to receive further promotional opportunities from Ben & Jerry’s please write to the sponsor at the above address and title your request: Promotions do not mail list.
© 2014 Marden-Kane, Inc. All rights reserved. Participants are hereby authorized to copy these Official Rules on the condition that it will be for the participant’s personal use only.