Ben & Jerry's "Do Us A Flavor" Contest Rules

Do us a flavor

Ben & Jerry’s “Do Us A Flavor” Contest

No Purchase Necessary.
Open to Legal Residents of the United States including the District of Columbia age 18 and older and Residents of Canada over the Age of Majority in their state, province or territory of residence.
Void in Puerto Rico and where prohibited.

How To Enter: The entry period for the Ben & Jerry’s “Do Us A Flavor” Contest (“Contest”) begins at 12:00 AM Eastern Time (ET) March 1, 2006 and ends at 11:59 PM ET July 31, 2006 (“Entry Period”). There are two (2) ways to enter this Contest: (1) To enter the Contest online, eligible participants must go to www.benjerry.com and do the following: [1] Complete the registration form by providing the information required; [2] In the space provided on the registration form, submit your flavor name and description, in 100 words or less, along with a photo of your creation (optional); AND [3] Agree to these official rules. Online entries must be received by 11:59 PM ET on July 31, 2006 in order to be eligible. (2) To enter via mail, submit your flavor name and description, in 100 words or less, along with a photo of your creation (optional). You must also provide your first and last name, address, city, state/province, zip (postal) code, country, daytime telephone number, email address, date of birth and the address of your local Scoop Shop if one is in your area and mail to: Ben & Jerry’s “Do Us A Flavor” Contest, P.O. Box 4313 Manhasset, NY 11030-4313, USA. Requests must be postmarked by July 31, 2006 and received by August 7, 2006. Your flavor name and description must be 100 words or less. There is a limit of one (1) entry per person and/or email address regardless of method of entry. Entry must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. See Section 7, Ownership and Use of Entries, for additional information. Entry becomes the property of the Sponsor and will not be acknowledged or returned. 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 stated below.

BEN & JERRY’S PRIVACY POLICY:

We endeavor to be in compliance with the policies of CARU, the Children�s Advertising Review Unit of the Council of Better Business Bureaus, Inc.

Ben & Jerry’s Homemade, Inc. (“Ben & Jerry’s” ) cares about your privacy. This Privacy Policy outlines the type of Personal Information that is collected by Ben & Jerry’s from consumers and how we use and protect it. This Policy also tells you what to do if you do not want your Personal Information used for marketing purposes, and how you can change information you have already provided to us. This Policy applies to Ben & Jerry’s website and to Ben & Jerry’s collection of data through printed promotional materials such as sweepstakes entry forms, coupons or other mail-in offers and telephone calls to Ben & Jerry’s consumer services department. It does not apply to banners, sweepstakes or promotions sponsored by third parties in which Ben & Jerry’s participates.

Your Consent to This Privacy Policy

By providing Ben & Jerry’s with Personal Information, you signify that you agree with the terms of our current Privacy Policy as posted here. If you do not agree with any term in this Policy, please do not provide any Personal Information.

If you choose not to provide Personal Information, you may not be able to do certain things, like access particular areas of our website, enter sweepstakes or contests, request samples, or send us e-mail.

Collection of Personal Information

As used in this Privacy Policy, “Personal Information” means personally identifiable information such as your name, street address, telephone number, credit card information, screen name and email address.

When you provide us with Personal Information, you are authorizing us to use that information in accordance with the terms of this Privacy Policy, which includes your right to limit our use of your Personal Information (see Who to Contact).

We may also collect Personal Information from you about a third party (e.g., our website might allow you to send an electronic “post card” to a friend, in which case we will need that person’s name and e-mail address). Please note that we use such information only for the specified purpose (e.g., to mail the post card) and we will not contact the third party again unless and until the third party contacts us.

How We Use Your Information

When you supply us with your Personal Information we will use it for the express purpose for which it was collected (e.g., to enter you in a sweepstakes or to send you a sample). It may also be used to contact you regarding other products and services that may be of interest to you (including those we may offer jointly with other companies). At any time, however, you may opt out of such contact. (see Who to Contact).

At times we may retain third parties to analyze data we collect, including Personal Information, solely to help us improve our products and our web site. In addition, if you order a product or service from us, we may provide Personal Information to suppliers and other third parties to enable delivery of such product or service. These third parties, including suppliers, are not authorized by us to use your Personal Information in any other way. Ben & Jerry’s does not sell Personal Information.

We may supplement the information that you provide to us with other information that we receive from third parties. We do this for marketing purposes in order to provide the most appropriate products and services to meet your needs.

Finally, please note that we will release your Personal Information if required to do so by law, or by search warrant, subpoena or court order.

Other Information We May Collect

Other information that we may collect online, via the Ben & Jerry’s website, e-mail promotions and banners, for example, is described in this section.

You may have heard of “cookies,” which are files or pieces of information that are stored by your browser on your computer�s hard drive. Ben & Jerry’s may use cookies to collect other information during your visit to our web site, such as the particular site areas you visit and the products or services you buy through our web site. We collect this information to better tailor our site and our products to your interests and needs. Cookies may also be used to help speed up your future activities at our site. For example, our site can recognize that you have provided Personal Information to us and refrain from requesting the same information a second time.

Most browsers are initially set to accept cookies. If you’d prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. Refusal of cookies at the site you entered may result in an inability to visit certain areas of the site or to receive personalized information when you visit the site.

In addition, we are constantly trying to improve how we promote our web site. To help us do this, we may measure the effectiveness of our web presence by determining what you clicked on to get to our site.

Site measurement statistics may be used to personalize your web site experience, as well as to evaluate — anonymously and in the aggregate — statistics about usage of the web site. Information about your computer, such as your IP address (a number assigned to your computer whenever you surf the Internet), the type of Internet browser you are using and the type of computer operating system you are using may also be collected and linked to your Personal Information. This is to ensure that our web site presents the best web experience for visitors, and that they are an effective information resource.

Finally, some of the pages you visit may use pixel tags (also called clear gifs) to collect information about your navigation on our website. This information is used to evaluate and enhance how the website functions.

Privacy of Children

Ben & Jerry’s is committed to protecting the online privacy of children and making the Internet safe for our users. For this reason, Ben & Jerry’s does not collect personal information from children under 13. We encourage parents of children under 13 to regularly check and monitor their children’s use of e-mail and other activities on line.

Security of Information

We take reasonable precautions to keep your Personal Information secure. All personally identifiable information is subject to restricted access to prevent unauthorized access, modification or misuse.

Changes in Our Policy

Ben & Jerry’s reserves the right to change or remove this Privacy Policy at our discretion. We will post any new policy here and we encourage you to visit this area frequently to stay informed.

Who to Contact

Please write to us at privacy@benjerry.com or at Ben & Jerry’s, 30 Community Drive, South Burlington, VT 05403-6828, or call us at 802-846-1500 if you have any comments or questions about this Privacy Policy or to report any violations of the Privacy Policy. We will respond to you within 24 to 48 hours in most cases. For other requests, please choose among the following options:

If you don’t want to be contacted in the future or would like us to correct or update your Personal Information in our records, please click the appropriate button below:

Ben & Jerry’s will take reasonable steps to comply with the foregoing requests.

Again, Ben & Jerry’s is committed to protecting your privacy in connection with our web site. Please do not hesitate to contact us if you have any questions, comments or concerns about this Privacy Policy.

WINNER SELECTION / JUDGING CRITERIA

2(a) Judging of Entries and Selection of Finalists: Five (5) Finalists (One (1) per territory as defined by the Ben & Jerry’s marketing territories: Northeast U.S., Southeast U.S., Central U.S., Southwest/West Coast U.S. and Canada) will be selected according to the following criteria: Creativity — 40%; Flavor Profile — 40%; and Relevance to the Ben & Jerry’s brand — 20%. Finalists will be selected by a panel of expert judges and Ben & Jerry’s Representatives (collectively, “Judges”) under the supervision of Marden-Kane Inc., the Contest administrator and an independent judging organization (“Marden-Kane”). The Judges will select the top five (5) scoring entries (one (1) per territory) from among all eligible flavor name and description entries received using the above judging criteria. Each of the five individuals who submitted a winning flavor name and description will be referred to herein as a “Finalist” for the territory that they are participating from. Becoming a Finalist is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. Finalists will be determined on or about August 31, 2006 from among all eligible Entries received.

2(b) Determining Grand Prize Winner: In October 2006, all five (5) individuals who are deemed as finalists and who provide the necessary documentation (as listed below) to be eligible as a finalist will be invited to Vermont to participate in a “Flavor Finals” show-down event. A special panel of Ben & Jerry’s judges and/or guest judges will select one Grand Prize winner according to the following criteria: Creativity — 40%; Flavor Profile — 40%; and Relevance to the Ben & Jerry’s brand — 20%.

In the event of a tied score among Entries for each territory, or among Finalists for Grand prize, the flavor names and descriptions involved in the tie will be reviewed by an additional expert judge who will serve as a tiebreaker and who will evaluate/judge the creativity portion of the entries. Decisions of judges are final and binding on all matters relating to this Contest.

Winner Notification: On or about September 8, 2006, Marden-Kane will notify the potential Finalists by mail and/or email and/or telephone. The Finalists and their travel companions (or parent/legal guardian if a minor) will be required to sign and properly execute, an affidavit of eligibility, travel reservation form, travel release form, liability waiver, and where legal, consent to publicity (collectively called “Release Forms”), and return them within seven (7) days of issuance. If the Release Forms are unclaimed or returned as undeliverable, if winner cannot travel on days specified by sponsor for trip, or if a potential winner 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. U.S. Finalists will also be required 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. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any Entries, proper names, likenesses, photographs, and/or city/states/provinces for advertising and promotional purposes in all media (including and without limitation, the Internet) without additional compensation, except where prohibited by law. If an entrant changes his/her telephone number, email address and/or street address after he/she enters the Contest, it is his/her sole responsibility to notify the Sponsor by (postal) mailing notice to Marden-Kane’s address (listed below) to be received by the end of the Entry Period.

Prizes: Five (5) Finalists and one guest per finalist will receive a 4 day/3 night trip for two (2) in October 2006 to participate in a “Flavor Finals” show-down event, where the Grand Prize winner will be determined by a special panel of judges. All Finalists will also be given the opportunity to visit the Ben & Jerry’s Jerry’s Waterbury plant. Approximate Retail Value of Finalist Prize: $2,500.00 US. One (1) Grand Prize winner will have a limited supply of the winning flavor in bulk delivered to the winner’s local Scoop Shop (within 50 miles of winners home) in November 2006 where the winner will be granted a scoop party for winner and 19 guests. Winner and guests are responsible for their own transportation to/from local Scoop Shop. If Grand prize winner does not have a Scoop Shop within 50 miles of their home, they will receive $250.00 US cash. Approximate Retail Value of Grand Prize: $250.00 US. Total Approximate Retail Value of Prizes: $12,750.00 US. TAXES, CUSTOM DUTIES OR FEES AND ALL OTHER COSTS AND EXPENSES, ARE THE SOLE RESPONSIBILITY OF THE FINALISTS AND GRAND PRIZE WINNER. Ben & Jerry’s Jerry’s may take some liberties in the reproduction of the winning flavor due to various conditions, such as but not limited to, market availability, product seasonality, home baked techniques, etc. No substitutions or transfers of prize permitted, except at Sponsor’s sole and exclusive discretion. Trip must be completed on dates specified by the Sponsor. If a Finalist is unable to participate in or accept the prize or any portion of the prize package for any reason, the Sponsor shall have no further obligation to the Finalist and prize will be awarded to a Runner-Up. 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. Other restrictions may apply. Trip winners and travel companions must have all necessary identification and/or travel documents required for travel within or to the continental United States. Odds of winning depend on total number of entries received.

Eligibility: This Contest is open only to legal residents of the United States including the District of Columbia age 18 and older and residents of Canada over the age of majority in their state, province or their territory of residence at the time of entry. Employees of Ben & Jerry’s, and its affiliates, subsidiaries, advertising and promotion agencies, including Marden-Kane Inc., prize suppliers, and their immediate families (spouse, parents, children, siblings and their respective spouses) and individuals living in the same household as such employees are ineligible to enter or win the Contest. Void in Puerto Rico and where prohibited by law. This Contest is subject to all applicable federal, state, provincial, municipal and local laws and regulations.

Limitation of Liability: BY PARTICIPATING IN THE CONTEST, ENTRANTS AGREE TO ABIDE BY THE TERMS OF THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE RULES, AND RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR, PRIZE SUPPLIERS, MARDEN-KANE, INC., AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES, (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE CONTEST, THE FINALIST TRIP, OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF THE PRIZE THAT MAY BE AWARDED. ENTRANTS AGREE THAT ANY AND ALL DISPUTES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF VERMONT.

Additional Terms and Conditions: Releasees are not responsible for printing or typographical errors in any Contest related materials; or for transactions (including Entry submissions) that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with this Contest, or process any transaction thereon. If in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, the judges reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and or void any Entries submitted fraudulently, modify or suspend the Contest, or to terminate the Contest and award the remaining prizes using all eligible, non-suspect Entries received as of the action requiring such termination. Sponsor reserves the right to modify or terminate the Contest in its entirety at any time and at its sole discretion, subject to the approval of the Régie des alcools, des courses et des jeux in Quebec. Should the Contest be terminated or modified prior to the stated expiration date, notice will be posted on www.benjerry.com. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any web site associated with this Contest via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices, or Contest entry services or programs are prohibited.

Ownership and Use of Entries: All entries (both winning and non-winning) become the sole property of Sponsor and will not be returned. By entering this Contest, you hereby grant Sponsor and its agents the perpetual worldwide gratis right (without obligation) to reproduce, publish, use, edit, adapt and/or modify such entry, in any way, in any and all media, without limitation and without compensation to entrant. Submission further constitutes entrant’s assignment and transfer to Sponsor of any and all rights, title and interest in the entry, without limitation, including all copyrights and trademark rights and waiver of all moral rights. Entrant warrants and represents that their entry is original and does not infringe the rights of any third party and hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against Sponsor or its affiliates, or any other person, on the grounds that any use of the entry, or any derivative works infringe any of entrant’s rights as creator of the entry, including, without limitation, trademark rights, copyrights and moral rights or “droit moral.” All elements of all entries, including all United States and international copyrights and all other intellectual property rights in the entries, shall be owned exclusively by Sponsor. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor. In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.

Additional Rules for Quebec Residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcohols, des courses et des jeux for ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for purpose of helping the parties reach a settlement.

Winners List: For the Finalists’ names, available after September 15, 2006, send your request with a self-addressed, stamped envelope to: Ben & Jerry’s “Do Us A Flavor” Contest Winner, P.O. Box 5000, Manhasset, NY 11030-5000, USA. Requests must be received by July 31, 2006. Canadian residents may omit return postage.

Sponsor:

Administrator: