Ben & Jerry’s “Scoop-apalooza Made for Sharing” Sweepstakes Official Rules

Ben & Jerry’s “Scoop-apalooza Made for Sharing” Sweepstakes (the “Sweepstakes”) Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.

This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Any information provided is being provided to Ben & Jerry’s and not Facebook or Instagram.

ELIGIBILITY:

Sweepstakes is open only to individuals who are legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older at the time of entry (“you” or the “Entrant(s)” or “Participant(s)”). Employees of Ben & Jerry’s Homemade, Inc. (the “Ben & Jerry’s” or “Sponsor”), its parent company, affiliates, subsidiaries, promotional partners, agencies, Trigger House LLC and Marden-Kane, Inc. (the “Administrator”) and each of their respective agents, representatives, officers, directors, shareholders, and employees, and the immediate families (spouse, parents, children and siblings, and their respective spouses regardless of where they live) (collectively “Releasees”), and individuals living in the same households, whether related or not, of the above, are not eligible to enter or win a prize. Each Participant, by participating in the Sweepstakes, agrees to be bound by the Official Rules and the Sponsor’s decisions. Void where prohibited or restricted by law. The Promotion is subject to all applicable federal, state, and local laws and regulations. If a winner is deemed a minor in his/her state of residence, prize will be awarded in the name of the winner’s parent or legal guardian.

TIMING:

The Sweepstakes begins on January 14, 2025 at 9:00:00 a.m. Eastern Time (“ET”) and ends on January 28, 2025 at 5:00:00 p.m. ET (the “Promotion Period”). For purposes of this Sweepstakes, a “day” is defined as a 24-hour period, beginning at 12:00:00 AM ET and ending at 11:59:59 PM ET except for the first day of the Sweepstakes where a day is defined as beginning at 9:00:00 AM ET and ending at 11:59:59 PM ET and the last day where a day is defined as beginning at 12:00:00 AM ET and ending at 5:00:00 PM ET. The Sponsor’s computer, or that of its designee, runs the official clock for the Sweepstakes and will solely determine the time by which an entry is received.

HOW TO ENTER:

[1] During the Sweepstakes Period go to https://www.benjerry.com/flavors/scoop-apalooza (the “Web Site”);

[2] Complete the registration form by providing the information requested which may include your first and last name, mailing address, email address, phone number; and

[3] Click the Submit button.

Entrants must complete the entry form with all required information and click “SUBMIT” for the entry to be eligible.

Limit: There is a maximum limit of one (1) entry per person using only one (1) email address throughout the Promotion Period. Entries received in excess of the entry limit stated herein will be disqualified. By participating in the Sweepstakes, Entrant agrees to comply with the Sweepstakes 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 Sweepstakes. Decisions of the Sponsor and/or Administrator are final and binding. Any attempt by any Entrant to obtain more than the stated number of entries by using any other methods will void that Entrants entries and that Entrant may be disqualified.

PRIZES/ODDS:

Two Hundred Fifty (250) Grand Prize Winners (a “Winner(s)”): Each winner will receive two (2) of the following Scoop-apalooza prize packs (one for the winner and one to share with a friend):

• one (1) Ben & Jerry's Scoop-apalooza container (28 oz);
• four (4) Custom engraved spoons;
• four (4) Branded Ben & Jerry's bowls;
• a branded Ben & Jerry's ice cream scoop; and
• a Cards Against Humanity Game Pack.

Approximate Retail Value (“ARV”) of each prize pack: $58

Total ARV of each Grand Prize: $116 ($58 per prize pack)

Total ARV of all prizes: $29,000.00. Odds of winning a Prize depends upon the total number of eligible entries received during the Promotion Period.

GENERAL PRIZE CONDITIONS:

For purposes of clarity, the Administrator will ship one prize pack directly to the winner and one prize pack directly to their friend (friend address provided by winner at time of prize acceptance). All prizes will be awarded so long as enough eligible entries are received. Limit one (1) prize per person. No substitution, barter, transfer, or assignment of prize permitted, except by Sponsor in 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. All details of prize not specified herein shall be determined solely by Sponsor.

RANDOM DRAWING:

A random drawing to select prize winners will be conducted on or about February 4, 2025 from among all eligible entries received. The drawing will be conducted by the Marden-Kane, Inc., an independent judging organization, whose decisions are final and binding in all matters relating to this Sweepstakes.

WINNER NOTIFICATION:

Administrator will notify potential winner by email and/or phone number at the email address or phone number provided with the entry on or about February 5, 2025. An Entrant is not deemed a winner of any prize, even if the winning notification should so indicate, unless and until (i) the Entrant’s eligibility has been verified, (ii) all requirements determined by the Sponsor in order to claim his/her prize have been fulfilled and (iii) the Entrant has been notified that the acceptance and verification process is complete. Potential winner must respond to the instructions in the email within five (5) days of the initial notification. Potential winner will be required to complete, sign, and return an Affidavit of Eligibility and Liability Release and; where legal, a Publicity Release (collectively the “Affidavit”). Completed document must be returned within five (5) days from prize notification date or the prize will be forfeited and an alternate winner notified. Any false statement made by a potential winner will result in automatic disqualification.

If a potential Prize Winner does not return the required document within the stated timeframe, 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 an alternate winner will be notified, at the sole discretion of the Sponsor. If the prize is won by an eligible Entrant who is not of the legal age of majority in the state of residence (a “minor”), the required documents must be confirmed and signed by Prize Winner’s parent or legal guardian, and the prize will be awarded in the name of his/her parent or legal guardian, who will be required to fulfill all requirements imposed on the Prize Winner set forth herein.

By entering the Promotion, Entrants, or, if minors, their parents or legal guardians, agree to the use by Sponsor and its designees of their names, state of residence and photographs/likenesses for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet) without additional compensation, notification, or permission, except where prohibited by law. Upon request, Prize Winner must consent to such in writing.

GENERAL CONDITIONS:

Except where prohibited by law, each potential winner’s entry and acceptance of a prize constitutes the potential winner’s irrevocable, sub-licensable, absolute right and permission for the Sponsor and its designees to use, publish, post or display the potential winner’s name, entry submission, statements, biographical information, voice, city and state address, any quotes attributable to him or her, photographs/likenesses and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in Sponsor’s sole discretion) for any purpose, including but not limited to advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet) without additional authorization, opportunity to review, approval, notification or compensation and each potential winner releases Releasees from any and all liability related thereto.

CONDITIONS OF ENTRY:

Use of any automated entry software is prohibited. Electronically reproduced, mechanically reproduced, illegible, incomplete or inaccurate entries are void. By participating, Entrants agree to comply with these Official Rules including all eligibility requirements. In case of a dispute as to the owner of an online entry, online entry will be deemed to have been submitted by the authorized account holder from which the entry is made. Caution: Any attempt by an Entrant or any other individual to deliberately damage any online service or web site or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made; the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.

LIMITATION OF LIABILITY AND RELEASE OF CLAIMS:

By participating in the Sweepstakes, Entrants agree to release, indemnify and hold harmless the Releasees, and each of their respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Sweepstakes or acceptance, possession, use, misuse or nonuse of the prize (including any travel or travel-related activity thereto) that may be awarded. This Sweepstakes and these Official Rules shall be interpreted in accordance with the laws of the State of Michigan without regard to its principles of conflicts of law. Jurisdiction and venue shall be solely within the State of Michigan. Releasees are not responsible for technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes related materials; or for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, undelivered, delayed or illegible entries or; for electronic, computer, or telephonic malfunction or error, failure to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, or process any transaction thereon. If, in the Sponsor’s opinion for any reason, the Sweepstakes is not able to run as planned for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, including soliciting of applications in a manner inconsistent with Sponsors’ policies or procedures or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, including any other factors beyond Sponsor’s reasonable control such as a Force Majeure event (e.g., war, riots, terrorism, civil unrest, strikes, blackouts, supply shortages, order of governmental authority), an “act of God” (e.g., natural disasters, weather, etc.) or an unforeseeable health event (e.g. pandemic or epidemic), then the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, without further liability to the Entrants or third parties. In the event the Sweepstakes is cancelled prior to the stated end date, a notice will be posted on the Sweepstakes web site; and Sponsor reserves the right to conduct the drawing and award prizes from among all eligible non-suspect Entries received prior to the time of the action or event warranting such cancellation. As a condition of entering the Sweepstakes, Entrants agree that: a.) under no circumstances will Entrants be permitted to obtain awards for, and Entrants hereby waives all rights to claim, indirect, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; b.) all causes of action arising out of or connected with this Sweepstakes, or the prizes awarded, shall be resolved individually, without resort to any form of class action; and c.) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, if any, but in no event shall Entrant be entitled to receive attorneys’ fees or other legal costs, and in no event to exceed two hundred fifty dollars ($250). Sponsor reserves the right to modify prize award procedures at their discretion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.

Binding Arbitration; Class Action Waiver; Choice of Law: THIS SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ THIS SECTION CAREFULLY. Except where prohibited by law, entrants and Sponsor agree that any and all disputes, claims or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner, shall be resolved on an individual basis, without resort to any form of class, consolidated, private attorney general, or representative action. ENTRANTS AND SPONSOR AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION, IN ARBITRATION OR IN COURT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, ENTRANTS AND THE SPONSOR RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT, IF APPLICABLE. Except where prohibited by law, entrants and Sponsor agree to waive their rights to litigate their claim in court or to have a jury trial to resolve any disputes, claims or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner. Instead, all such claims will be resolved exclusively by binding arbitration pursuant to the rules of the American Arbitration Association (“AAA”) then in effect, available at www.adr.org/Rules (the “AAA Rules”). Discovery and appeal rights may be limited in arbitration. The AAA Rules will govern the payment of arbitration costs unless applicable law requires a different allocation of costs in order for this arbitration provision to be enforceable. If an Entrant is unable to pay their share of the arbitration costs, Sponsor will consider a request to reimburse such costs so long as the Entrant’s claim is not held by an arbitrator to be frivolous or brought for an improper purpose. The arbitrator’s decision shall be final and binding. The arbitrator shall have the power to award, and the parties may seek, any type of legal or equitable relief that would be available under applicable law. Notwithstanding the foregoing, under no circumstances will an Entrant or Sponsor be permitted to obtain awards for, and the parties hereby waive, all rights to claim, punitive, incidental, and consequential damages, and any other damages other than for direct damages actually incurred. Either party may bring its claim in its local small claims court, if permitted by that small claims court rules and if within such court’s jurisdiction. YOU KNOWINGLY ACCEPT THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER BY AGREEING TO ENTER INTO THIS SWEEPSTAKES AND RECEIVING THE BENEFIT OF HAVING A CHANCE AT WINNING A PRIZE. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Vermont, without regard for conflicts of law doctrine, and all proceedings shall take place in Burlington, VT.

PRIVACY & PERSONAL INFORMATION:

Personal information collected from entrants will be used by Sponsor for the purpose of administering the sweepstakes 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 https://www.unilevernotices.com/usa/english/privacy-notice/notice.html.

WHO WON:

To request the name of the winner, send an e-mail with the subject line “Ben & Jerry’s Scoop-apalooza Winners” to winners@mkpromosource.com. Requests must be received no later than February 18, 2025. The list will be sent when the drawing has been conducted and the winner verified.

SPONSOR:

Sponsored by: Ben & Jerry’s Homemade Inc., 30 Community Drive, South Burlington, VT 05403.

Administrator: Marden-Kane, Inc., 575 Underhill Blvd., Ste. 222, Syosset, NY 11791.

© 2025 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.