Ben & Jerry’s “Graveyard Flavor” Contest 

OFFICIAL RULES 

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES INCLUDING THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE AND OLDER, AND WHO RECEIVE THE EMAIL TO PARTICIPATE IN THIS CONTEST. DO NOT PROCEED IF YOU DO NOT COMPLY WITH THE ABOVE ELIGIBILITY REQUIREMENTS. VOID IN PUERTO RICO AND WHERE RESTRICTED OR PROHIBITED BY LAW. 

CONTEST DESCRIPTION: Each year Ben & Jerry’s receives thousands of requests for flavors. Not only new flavors, but flavors that have been sent to the graveyard. This year one of the graveyard flavors is returning… Any guesses? Tell us in 150 words or less “If we brought your flavor back from the graveyard how would you celebrate.” Be creative! 

PROMOTION PERIOD: The Ben & Jerry’s “Graveyard Flavor” Contest (the “Contest”) begins at 9:00:00 AM EST on May 1, 2013 and ends with the announcement of the flavor being released from the graveyard on or about May 15, 2013, with the deadline for essay submissions being the end of the “Essay Submission Period” on May 7, 2013. There is a limit of one (1) essay submission per person for the entire Essay Submission Period. The Sponsor’s computer, or that of its designee, runs the official clock for the Contest and will solely determine the time by which an entry is received. 

During the Contest Period there are a series of Contest-related “events” and “rounds” (explained in detail in the Chart below), which start and end on or about the dates and times noted below 

EVENT                     Event START Date/Time Event         END Date/Time

ROUND1 

ESSAY SUBMISSION PERIOD (“Entry Period”) May 1 9:00:00 am ET May 7 5:00:00 pm ET

JUDGES’ SELECTION OF FIVE (5) FINALISTS (“Judging/Selection Period”) May 8

FINALISTS NOTIFICATION May 8

ROUND 2

FINALISTS’ SKYPE INTERVIEW WITH SPONSOR May 9

JUDGES’ SELECTION OF ONE (1) GRAND PRIZE WINNER (“Judging/Selection Period”) May 10

GRAND PRIZE WINNER NOTIFICATION May 10

GRAND PRIZE WINNER TRIP TO BURLINGTON, VERMONT Between May 14 thru May 18

GRAND PRIZE WINNER ANNOUNCES FLAVOR BEING RELEASED FROM THE GRAVEYARD May 15 All dates/times are 2013/EasternTime 

ELIGIBILITY: Open to legal residents of the 50 United States (including the District of Columbia) and Puerto Rico, 18 years of age or older at time of entry and who receive the email request to participate in this Contest. Finalists may be required to show proof of email account ownership. 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. 

ROUND 1 - Submission of entries and determining the Finalists 

HOW TO ENTER: Go online to www.benjerry.com/bringitback and: [a] Complete the registration form by providing the information required; [b] type your answer to the question (in 150 words or less) “If we brought your flavor back from the graveyard how would you celebrate” (the “essay”) in the area provided; AND [c] Agree to these official rules. Entries must be received by 5:00:00 PM ET on May 7, 2013 in order to be eligible. There is a limit of one (1) entry per person and/or email address. 

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) include any trademarks, logos, or copyrighted materials not owned by Entrant or used without the relevant owner's express written permission (such as people’s names, famous names, company names, etc.); (ii) use 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, or federal laws. 

FINALISTS JUDGING: All eligible Entries received during the Entry Period will be judged by a panel of representative of the Sponsor to determine the five (5) Finalists based on the following judging criteria*: · Enthusiasm & passion for their flavor request – 40% · Appropriateness to the theme – 40% · Expression of idea – 20% 

*In the event of a tie in any stage of judging, the Winner(s) will be determined based on whichever Entry received the highest score in the accomplishments and impact category from the judging criteria. In the event of a tie in both judging criteria, the Entries will be re-judged by a different panel of judges. ROUND 2 - Ben & Jerry’s Interview and judging of Finalists to determine Grand Prize Winner All eligible Finalists will be contacted by telephone and/or Skype and be required to complete a phone interview with a representative of Ben & Jerry’s where they can expand upon their essay submission. 

GRAND PRIZE JUDGING: The eligible Finalists interview will be scored based on the following judging criteria · Clear express of idea – 50% · Relevance to the Ben & Jerry’s Brand – 50% 

WINNER NOTIFICATION: On or about May 8, 2013, Sponsor or Administrator will notify the potential Finalists by email and/or telephone. Potential Finalists (or parent/legal guardian if a minor in his/her state of residence) will be required to sign and properly execute Affidavit of Eligibility and Liability and where legal, Publicity Release, and return them within 24 hours of issuance via facsimile or email (and subsequently by mail which must be received by Sponsor or its Administrator within 3 days after facsimile). If the Release Forms are returned as undeliverable, or if a potential Finalist fails to properly execute and return all forms described herein by the specified deadline, the prize will be forfeited and awarded to the next runner-up. Grand Prize Winner will also be required to compete and return an IRS W-9 Form to furnish their social security number that will be used only for the purpose of reporting the winner’s prize earnings to the Internal Revenue Service, as required by law, and both Grand Prize Winner and guest will be required to complete and return a Travel Information & Release forms. 

PRIZE: One (1) Grand Prize: a three (3) day/two (2) night trip for the Grand Prize winner and one (1) guest to Burlington, Vermont. Winner and guest must be able to travel on dates specified by Sponsor currently planned for a departure date from winner’s home residence between May 14 – 18, 2013. The Grand Prize trip includes: (i) round trip coach airfare for winner and one (1) guest from a major commercial airport (selected by Sponsor in its sole discretion) nearest Grand Prize winner’s primary residence, (ii) two (2) nights double occupancy standard hotel accommodations at a Sponsor-selected hotel, and (iii) ground transportation to/from airport/hotel at destination city only, and (iv) visit the Ben & Jerry’s corporate offices or factory (as determined by Sponsor) to creative a video and make the official announcement of the flavor that is being released from the graveyard. The air transportation, ground transportation, and accommodations will be at the sole discretion of the Sponsor. The approximate retail value (“ARV”) of Grand Prize: $2,000.00. No prize will be awarded for having achieved Finalist status. 

Grand Prize Winner must be available to travel on dates specified by Sponsor – travel with a departure date from winner’s home residence currently schedule for a date between May 14 – 18, 2013. If Grand Prize winner is unable to participate in, travel on dates specified by Sponsor or accept the prize or any portion of the prize package for any reason, the Sponsor shall have no further obligation to the Grand Prize winner and prize will be awarded to a Runner-Up, time permitting. All expenses relating to acceptance and use of any prize that are not explicitly listed herein as being awarded, including but not limited to meals, ground transportation, payment of taxes, are responsibility of the winner. 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 equal or greater value if entire prize or a portion of a prize is unavailable. If a Grand Prize winner lives within a 150 mile radius of Burlington, VT, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Guest must be 12 years of age or older (if under 18, a guest must be an immediate family member for which the winner is the parent or legal guardian). Winner and guest must travel together on the dates noted above and on the same itinerary, or prize will be forfeited. Minors must be accompanied by a parent or legal guardian at all times. If a winner is a minor in his/her state of residence or province, the prize will be awarded on the winner’s behalf to a parent or legal guardian, who must sign all required documents and accompany winner on trip as his/her travel guest. Grand Prize winner and his/her travel companion must possess valid ID or other required documentation needed to travel and are responsible for obtaining travel documents as well as 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. Travel arrangements must be made through agent of Sponsor’s choosing. Actual value of the trip depends on winner’s residence or departure city. 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 and at Sponsor’s sole discretion. Other restrictions and blackout dates may apply. 

CONDITIONS OF ENTRY: By participating in this Contest, 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 Contest. 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 Contest, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (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 Contest: or (vi) cheating or fraud by any participant. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should virus, bugs, fraud or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Contest 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 CONTEST 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. 

GENERAL CONDITIONS: Prize will be awarded, provided more than enough qualified entries have been received. Decisions of the Sponsor and judging organization are final and binding in all respects of the Contest and no correspondence shall be entered into. By accepting a prize, winner (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 Contest is subject to all applicable federal, state and local laws and regulations. 

OWNERSHIP OF ENTRY & GRANT OF RIGHTS: By entering the Contest, and to the extent allowed by law, Entrants grant the Sponsor, and their respective affiliates, licensees, promotional partners, developers, and third party marketing entities (collectively, “Licensed Parties”) a non-exclusive, perpetual, sublicensable, royalty-free license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, broadcast, perform, exploit, use, and reuse (without limitation as to when or to the number of times used) the Entries themselves and the content of, and elements embodied in the Entries, including any names, locations, performances, and likenesses, in any and all media, including but not limited to digital and electronic media, computer, audio, and audiovisual media (whether now existing or hereafter devised), throughout the world, in perpetuity, and in any manner, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to Entrant or any third party. To the extent permitted by law, each Entrant waives and releases the Licensed Parties, from and agrees to not exercise against the Licensed Parties, any and all claims that each Entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair contest with respect to the Licensed Parties’ exploitation of Entries without further notification or compensation to Entrants of any kind. Each Entrant unconditionally and irrevocably consents to any act or omission by the Licensed Parties that would otherwise infringe his/her moral rights and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given, and agrees not, unless there has been any use of an Entry or any derivative works thereof in a manner contrary to these Official Rules, to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Licensed Parties or any other person in connection with this Contest, on the grounds that any use of any Entry or any derivative works thereof, infringe or violate any rights of any Entrant and/or any participant therein. For the avoidance of doubt, the Entrants agree to the publication of their Entries. 

DISPUTES: By participating, Participants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, this Contest 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 Contest 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 Contest, 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. 

PRIVACY & PERSONAL INFORMATION: Personal information collected from entrants will be used by Sponsor for the purpose of administering the Contest and if entrant authorizes by opting in, to provide entrants with information relating to products and promotions of Sponsor and affiliates of Sponsor. Sponsor shall not sell, share or otherwise disclose personal information of entrants with third parties, other than to third parties engaged by Sponsor to fulfill the above purposes or as otherwise consented to by the entrant or parent or legal guardian of any entrant under the age of 18 or a minor in the residence of his/her jurisdiction. To view Sponsor’s Privacy Policy, visit http://www.benjerry.com/contact-us/privacy.cfm 

WINNERS LIST: To request the name of the winner, send an e-mail with subject line: "Ben & Jerry’s Graveyard Contest Winner" to winners@mkpromosource.com. Name of the winners will be available after May 15, 2013, and requests must be received no later than May 15, 2013. 

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. 

© 2013 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.