NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID OUTSIDE THE 50 UNITED STATES AND DISTRICT OF COLUMBIA. VOID IN PUERTO RICO AND WHERE OTHERWISE PROHIBITED.
This Contest is in no way sponsored, endorsed or administered by, or associated with Phish, WaterWheel Foundation, Jim Pollock, Pollock Prints, Instagram or Twitter. Any information provided is being provided to the Sponsor and not to Phish, WaterWheel Foundation, Jim Pollock, Pollock Prints, Instagram or Twitter.
Dust off your art skills, Phish fans, this one is for you! Ben & Jerry’s is celebrating the long-anticipated launch of Phish Food Non-Dairy with an art contest almost as exciting as those vegan marshmallow swirls and fudge fish. Download the Jim Pollock line art from the Ben & Jerry’s website and create your own art piece inspired by it, exploring the theme “cows on vacation” in celebration of new Phish Food Non-Dairy. Let your artistic spirit run like an antelope, out of control! We’re looking for creativity, originality, and a clear connection to Jim’s design and the “cows on vacation” theme.
The Contest begins at 12:00 a.m. Eastern Time (“ET”) on January 27, 2021, and ends at 11:59:59 p.m. ET on February 28, 2021 (the “Promotion 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 there are a series of events (explained in detail in the Chart below), which start and end on or about the dates and times noted below.
Contest Timing Chart
OPEN SUBMISSION FOR ENTRIES
January 27, 2021
February 28, 2021
JUDGES’ SELECTION OF WINNER
Week of March 1, 2021
March 8, 2021
ANNOUNCEMENT OF WINNER
March 18, 2021
ELIGIBILITY: Contest open to all legal residents of the fifty (50) United States and the District of Columbia (“D.C.”), who are at least eighteen (18) years of age or older at the time of entry (the “Entrant”). Individuals employed by or otherwise associated with employees of Ben & Jerry’s (the “Sponsor”), Phish, WaterWheel Foundation, Jim Pollock, Pollock Prints, their parent companies, affiliates, subsidiaries, promotional partners, agencies, Marden-Kane, Inc., (the “Administrator”) (collectively “Releasees”, “Released Parties” and/or “Contest Entities”) and their immediate families (spouse, parents, children, siblings and their respective spouses) & persons living in the same household are not eligible to enter or win a prize. Contest is subject to all applicable federal, state and local laws and regulations. Void in Puerto Rico and where prohibited. Each Entrant, by participating in the Contest, agrees to be bound by these Official Rules and the Sponsor’s decisions.
HOW TO ENTER:
 Create your "Cows on Vacation" Strange Design Art Contest-inspired artwork and upload an image, drawing, or photo and give your artwork a name (the “Entry Submission”);
You can download the Jim Pollock line art which can be found at http://benjerry.com/flavors/phish-food-non-dairy/strange-design-art-contest to use as your guide OR you can create your own design.
Post your Entry on Twitter or Instagram using #strangedesigncontest, then head to our website to register your entry;
Go to http://benjerry.com/flavors/phish-food-non-dairy/strange-design-art-contest and complete the information required including posting the link to your Entry from your Instagram or Twitter account where required; and
Click the submit button (collectively the “Entry”).
Instagram and Twitter Entry Requirements:
- Your Instagram or Twitter privacy options on your account settings must be set to "OFF".
- Post must include the required hashtags: #strangedesigncontest.
- You can return your Instagram or Twitter account to “private” any time after the winner announcement.
LIMITATIONS: There is a maximum limit of one (1) Entry per person for the entire Promotion Period. Entries received in excess of the entry limit stated herein will be disqualified and will not be reviewed by the judges. By submitting an entry, Entrant agrees to comply with the Official Rules. Entries may only be submitted by a single Entrant. Entries that do not comply with these Official Rules, as determined in Sponsor and/or Administrator’s sole discretion, will be disqualified from the Contest. Decisions of the Sponsor and/or Administrator are final and binding. Use of any automated system to participate is prohibited and will result in disqualification. Multiple Entrants are not permitted to share the same account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations and logins, or any other methods will void that Entrant's entries and that Entrant may be disqualified.
Important Information About Your Entry:
- Entries must be submitted in English.
- Entries received that are illegible or incomplete, will be disqualified.
- Entrant certifies that the Entry Submission is his/her original work, accurate to the Entrant’s work, and that he/she has all rights to the submission, that it has not been previously entered into another contest, published, released, or distributed; does not infringe on any third-party rights; and is suitable for the Contest.
- Sponsor is under no obligation to correspond with Entrant and Entries will not be acknowledged or returned.
Guidelines and Content Restrictions:
- Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, trademark or other intellectual property rights;
- Entry must not disparage or embarrass Sponsor, Releasees, or any other person or party affiliated with the promotion and administration of this Contest;
- Entry must not feature brand names or trademarks or images/likeness of others except the Sponsors products, images, brand names, or likenesses and/or the use of Jim Pollock and Pollock Art in Entry solely for the purpose of this Contest;
- Entrant’s understand that Jim Pollock and Pollock Art have granted use of Jim’s art for this Contest only and no other rights and/or uses have been granted;
- Entry must not contain material that is harassing, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, libelous or illegal; Entry must not contain any materials relating to politics, lotteries, gambling, tobacco, alcohol or drugs, pornography, adult-oriented content, any other sexually-explicit material or any illegal activity;
- Entry must not contain anything that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or illegal activity; and
- Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
- Entry must adhere to the creative theme.
- Entry must be Entrant’s own original work, created solely by Entrant or content that incorporates materials from the public domain; must not have previously published, released or distributed in any form; must not have won any award;
- If any persons appear or are referred to in the Entry, Entrant is solely responsible for obtaining, prior to submitting the Entry, any and all releases and consents necessary to permit the exhibition. If any person appearing in any Entry is under the age of majority in their jurisdiction of residence, the signature of a parent or legal guardian is required on each release. Entrant agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
- Entry must not contain any personally identifiable information of any person other than the Entrant’s name. Should Entrant include personally identifiable information about Entrant in the Entry, Entrant acknowledges and agrees that such information will be disclosed publicly and Entrant is solely responsible for any consequences thereof.
If the Sponsor determines in its sole discretion that the content of the entry does not meet any of the Guidelines and/or Content Restrictions as outline above, or unacceptable for any reason, the entry will not be eligible for any prize consideration and may be withdrawn without notice from the Contest at any time at the sole discretion of the Sponsor and/or Administrator. Each entry submission must be manually key stroked and manually entered by the individual Entrant; automated and/or repetitive electronic submission of entries (including, but not limited to, entries made using any script, macro, bot or Contest service) will be disqualified and transmissions from these accounts or related e-mail or IP addresses may be blocked. By submitting an entry and using the hashtag(s), Entrant acknowledges that he/she read, understands and agrees to the Official Rules. Entries may only be submitted by a single Entrant. Entries that do not comply with these Official Rules, as determined in Sponsor and/or Administrator’s sole discretion, will be disqualified from the Contest.
The name of the person submitting the entry must be the authorized account holder of such email account and Instagram or Twitter account, otherwise the entry may be deemed void. In the event of a dispute over the identity of a potential winner, the entry will be declared made by the authorized holder of the email account used for entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account. It is the sole responsibility of the Entrant to notify the Sponsor in writing if the Entrant changes their Instagram or Twitter account during the Promotion Period. Proof of submission of entry does not constitute proof of delivery of entry.
JUDGING: During the Judging/Selection Period, all eligible entries will be judged by a panel of qualified judges (including representatives from Sponsor and its marketing agencies) under the supervision of the Administrator on the basis of the following criteria*:
- Appropriateness to Contest theme (25% of total score)
- Originality (25% of total score)
- Creativity (25% of total score)
- Artistic expression/alignment with the Phish/”Cows on Vacation” theme (25% of total score)
* In the event of a tie, from among those tied, the winner will be the Entry receiving the highest score in the Appropriateness to Contest Theme category. In the event of a tie in Appropriateness to Contest Theme judging criteria, the Entries will be re-judged by a different panel of judges. Judging scores will not be revealed. The decisions of the panel are final.
The potential winner will be the Entrant who submitted the Entry that received the highest score, as determined by the panel in its sole discretion. In the event that not enough eligible entries are received prize may not be awarded.
PRIZE: One (1) Grand Prize Winner:
- Two (2) tickets to a Phish show of winner’s choice. Excludes multi-act shows/festivals/special events. Approximate Retail Value (“ARV”): $200.
- $2,000 cash (awarded in the form of a check made payable to the winner). Winner may use cash portion of prize to book their own travel/accommodations that might be need to attend the Phish show. Value: $2,000.
- Original art by Jim Pollock inspired by the contest and signed by the artist. ARV: $400.
- A one year’s supply of Ben & Jerry’s ice cream (awarded as coupons) ARV: $260.
Total ARV of all prizes: $2,860.00.
Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer a prize, or redeem a prize for cash; however, Sponsor reserves the right to substitute a prize with one of comparable or greater value in its sole discretion. All federal, state and local taxes, and any other charges and incidental costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of each winner. Released Parties are not responsible for any inability of any winner to accept or use any prize. All prize details are at Sponsor’s sole discretion. No more than the stated number of prizes will be awarded. Shoe size selected by the winner may not be available therefore Ben & Jerry’s will provide the winner with the next available size shoes.
WINNER NOTIFICATION AND VERIFICATION: Administrator will notify potential winner by email at the email address provided with the entry on or about date specified in the Chart above. Potential Winner will be required to complete and sign  an Affidavit of Eligibility and Liability Release and; where legal, a Publicity Release (collectively the “Affidavit”);  an IRS Form W-9 and furnish his/her 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  a Travel Release form. The Sponsor may, in its sole discretion, request any additional documentation needed to verify a winner. Completed paperwork must be returned within four (4) days from prize notification date or the prize will be forfeited and awarded to an alternate potential winner. If a potential Winner is 18 or older, but a minor in his or her state of residence, the potential Winner’s parent or legal guardian must sign all required documents. Failure to timely return any documents requested, return of prize notification as undeliverable, or noncompliance with these Official Rules will result in such potential Winner being disqualified. Sponsor shall have no further obligation to that potential Winner, and an alternate Winner will be selected. Any false statement made by a potential winner will result in automatic disqualification. If a potential winner cannot be contacted, or if any notification/Document is returned as undeliverable, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, the potential winning Entry will be disqualified and the Entry with the next highest score may be notified, time permitting, at the sole discretion of the Sponsor.
LIMITATIONS OF LIABILITY: Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize. Releasees and their respective affiliates, subsidiaries, promotion agencies, the prize suppliers and each of their respective directors, officers, employees and assigns, will have no liability for any claim arising in connection with the Contest, and the entry or participation in this Contest, or the acceptance, possession, receipt, attendance at, travel related to, use, misuse, inability to use, delivery or defect of any prize. Acceptance of prize constitutes permission to use winners’ name and/or likeness for commercial purposes without further notice and compensation, unless prohibited by law. Releasees will have no responsibility for promotional materials that may be illegible, mutilated, altered, forged, duplicated or tampered with in any way, or for printing, typographical, mechanical or other errors or for any error in the notification or announcement of the prize. In no event will Sponsor be obligated to award more prizes than the number of available prizes stated in these Official Rules. Participants agree to be bound by these Official Rules and the decisions of the judges, which are final. By participating, Entrant releases the Contest Entities from any claims arising out of any use or disclosure of an Entry/Submission consistent with these Official Rules. Releasees do not accept any liability for the publication of unlawfully reproduced video/music/lyrics. Nothing in these Official Rules should be construed so as to limit or exclude either the Released Parties or the Entrant from liability for fraudulent misrepresentation.
You understand and acknowledge that: i) Contest Entities have wide access to ideas, stories, designs, film, tape, video, and other materials, and those new ideas are constantly being submitted to it or being developed by their own employees or third parties; ii) many ideas may be competitive with, similar to, or identical to content in your Entry; iii) You will not be entitled to any compensation as a result of Contest Entities' use of your Entry (or any elements thereof) as well as any such similar or identical material that has or may come to Contest Entities, or any of them, in any manner, including without limitation, from other sources. Finally, you acknowledge that, with respect to any claim of yours relating to or arising out of, resulting from or related to this Contest, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle you 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, your Entry, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. By participating in the Contest, Entrants acknowledge and agree that: (a) Contest Entities, may now have similar concepts, artwork and/or ideas in development and/or may independently develop and use similar concepts, work and/or ideas; (b) any similarity between any entry that Entrants submit and/or any materials already in development or independently developed hereafter by the Contest Entities shall be coincidental; and (c) Entrants shall have no rights whatsoever in or to, nor shall Entrants make any claim against, any artwork, sketches, designs, concepts or ideas already in development, or that may hereafter be independently developed, by the Contest Entities notwithstanding any similarity to any materials (including the entry) that Entrant has submitted hereunder nor with respect to any use by the Contest Entities of the entries (or elements thereof).
License/Grant of Rights. By participating in the Contest, each Entrant hereby irrevocably assigns to the Contest Entities all rights, title and interest in and to the Entry including all results and proceeds thereof including all copyrights therein and thereto and all renewals, extensions, and restorations thereof, and all rights to exploit the same throughout the universe, in perpetuity (but in any event for not less than the period of copyright and any renewals, extensions, and restorations thereof), in any and all media, and by any and all means, manner, content delivery mechanisms or technology, whether now known or hereafter devised.
NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Releasees will not be responsible for lost, late, damaged, or for any technical problems, faulty, lost, garbled, incomplete, incorrect or mis-transcribed data/phone transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer/mobile device related to or resulting from participating in or experiencing any materials in connection with this Contest. Releasees are not responsible for malfunctions or breakdown of any systems, unavailable service connections, lost, incomplete or faulty network connectivity of any kind, failures of any service providers, social media sites, or any combination thereof, which may limit a person’s ability to participate in this Contest. Proof of submission will not be deemed proof of receipt by Sponsor. Releasees assume no responsibility for undeliverable submission resulting from filtration of a user’s Internet service or wireless phone carrier network. Sponsor reserves the right to suspend, cancel or modify the Contest if it cannot be executed as planned for any reason or event beyond Sponsor’s control (a “Force Majeure” event or occurrence), including, but not limited to, if fraud or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper play of the Contest as determined by Sponsor and/or the independent judging organization, in their sole discretion. If the Contest is so cancelled, eligible entries received prior to such action may be judged based on the judging criteria to award prizes. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions. Sponsor and/or Administrator reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the participant fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
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.
WINNERS LIST: To request a winner list, send an e-mail with subject line "Phish Contest" to email@example.com. Requests must be received no later than March 18, 2021. The list will be sent when the judging is complete and the winner verified.
SPONSOR: Ben & Jerry’s Homemade Inc., 30 Community Drive, South Burlington, VT 05403.
ADMINISTRATOR: Marden-Kane Inc., 575 Underhill Blvd., #222. Syosset, NY 11791.
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.
Instagram is a registered trademark of Instagram. Twitter is a registered trademark of Twitter.
This promotion is in no way sponsored, endorsed, or administered by, or in association with Phish, WaterWheel Foundation, Jim Pollock, and/or Pollock Prints. Entrants understand that you are providing your information and materials to Sponsor, and not to Phish, WaterWheel Foundation, Jim Pollock, and/or Pollock Prints. Any questions, comments or complaints regarding the Contest are to be directed to Sponsor, at the address above, not Phish, WaterWheel Foundation, Jim Pollock, Pollock Prints, Instagram or Twitter.
© 2021 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.