OFFICIAL RULES

Ben & Jerry’s “45th Birthday” Sweepstakes
OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES INCLUDING THE DISTRICT OF COLUMBIA, WHO ARE 18 YEARS OF AGE AND OLDER AT THE TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE RESTRICTED OR 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.

ENTRY PERIOD:  No purchase necessary to enter or win a prize.  A purchase will NOT increase your chance of winning.  The Ben & Jerry’s “45th Birthday” Sweepstakes (the “Sweepstakes”) begins at 9:00:00 AM ET on May 15, 2023 and ends at 5:00:00 PM ET on May 26, 2023 (the “Promotion Period”).  Online entries must be received by 5:00:00 PM ET on May 26, 2023. Entries received after this date will not be accepted. The Sponsor’s computer, or that of its designee, runs the official clock for the Promotion and will solely determine the time by which an entry is received.

ELIGIBILITY: Sweepstakes is 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 Homemade, Inc. (“Ben & Jerry’s” or the “Sponsor”), its parent company, affiliates, subsidiaries, promotional partners, agencies, Marden-Kane, Inc., (the “Administrator”) (collectively “Releasees”, “Released Parties” and/or “Sweepstakes 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.  Sweepstakes 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 Sweepstakes, agrees to be bound by these Official Rules and the Sponsor’s decisions which shall be final and binding in all respects.  

TO ENTER: To enter the Promotion, you'll first need to become a registered user of www.Facebook.com  or www.Instagram.com or log into your Facebook or Instagram account.  Your accounts must be set to “public”.  If you do not have an account, go to www.Facebook.com or www.Instagram.com to create one. Facebook and Instagram accounts are free. Data and usage rates may apply to the download and use of a Facebook or Instagram application. By submitting your information and creating a Facebook or Instagram account, you agree to the Facebook or Instagram Terms of Use and Privacy Notice. If you do not agree to such Terms of Use and Privacy Notice, you cannot create a Facebook or Instagram account, or participate in this Promotion.  You can return your Facebook and/or Instagram account to “private” any time after the winner's announcement.

HOW TO ENTER: 
[1] Create a video (maximum 60 seconds) telling us your favorite Ben & Jerry’s memory (the “Video” and/or “Entry”);
[2] Post your Video on your page on Facebook or Instagram using #BenJerryBirthday #Sweepstakes;
[3] Then go to the Sweepstakes Entry website at 
https://www.benjerry.com/whats-new/2023/05/ben-jerrys-prize-pack to submit your entry;
[4] Complete the registration form by providing the information requested which may include your first and last name, email address; 
[5] Include the link to your video from your Facebook or Instagram account.
[6] Follow @Ben&Jerry; and
[7] Click the submit button (collectively the “Entry”). 

Requirements:
●    Your Instagram or Facebook privacy options on your account settings must be set to "OFF".
●    Post must include the required hashtags: #BenJerryBirthday and #Sweepstakes. 
●    You can return your Instagram or Facebook account to “private” any time after the winner's announcement.

Limitation: There is a limit of one (1) entry per person/email address for the entire promotion period.

Usage of Facebook or Instagram may require a mobile device and therefore you may be charged for standard data rates according to the terms and conditions in your agreement with your wireless carrier. You agree to incur any and all charges demanded by your wireless carrier. You should also check your devices features for capabilities and check the device manual for specific use instructions.

The person submitting the Entry must be the authorized account holder of said Facebook or Instagram account, otherwise the Entry may be deemed void. Multiple entrants are not permitted to share the same Facebook or Instagram account. In the event of a dispute over the identity of the potential winner (the “Potential Winner”), the Entry will be declared made by the authorized account holder of the Facebook or Instagram account used for Entry, and such Potential Winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such Facebook or Instagram account. The “authorized account holder” is the natural person assigned to the applicable Facebook account by Facebook or Instagram account by Instagram. Proof of submission of an Entry does not constitute proof of delivery of Entry. Multiple accounts may not be used, and anyone found to use multiple accounts to enter will be deemed ineligible. 

By submitting your Entry you agree that (1) your Entry conforms to any terms of use/platform guidelines, policies and content restrictions of Facebook or Instagram; (2) conforms to the Guidelines and Content Restrictions below; and (3) Sponsor and/or Administrator, in their sole discretion, and without notice, may disqualify you from the Sweepstakes if they determine that your Entry fails to conform to these Official Rules including without limitation the Guidelines and Content Restrictions below.

Guidelines and Content Restrictions
●    The Entry must not include any private information such as address, phone number or email address;
●    The Entry must be in English and include the required hashtags;
●    The 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; 
●    The Entry must not disparage or embarrass Sponsor, its respective owners and employees, or any other person or party affiliated with the Sweepstakes.
●    The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, or libelous;
●    The Entry must not contain any materials relating to lotteries, gambling, tobacco, alcohol or drugs, pornography, adult-oriented content, or any other sexually explicit material;
●    The 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, or age;
●    The 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; and
●    The Entry must not in any other way violate applicable federal, state, or local laws and regulations; and must be suitable for presentation in a public forum.

Entries submitted will not be judged. The winner will be selected via a random drawing as detailed in the “Random Drawing” section below. If the Sponsor determines that the content of the Entry does not comply with the Guidelines and Content Restrictions, the Entry will not be eligible for any prize consideration and may be withdrawn without notice from the Sweepstakes at any time at the sole discretion of the Sponsor and/or Administrator.

RANDOM DRAWING:  Prizes will be awarded in a random drawing conducted by Marden-Kane, Inc., an independent judging organization, on or about June 5, 2023, from among all eligible entries received during the Promotion Period.  Decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. 

PRIZES/ODDS: Ten (10) Grand Prize Winners will receive: a year of Ben & Jerry’s ice cream (awarded as 52-pint coupons).  Approximate Retail Value (“ARV”): $350.00 each.  Total ARV of all prizes: $3,500.00.

Forty-five (45) Grand Prizes Winners: Ben & Jerry’s prize pack bundle that includes one (1) small tote bag and one (1) zipper pouch both made from recycled Ben & Jerry’s event banners and signs and one (1) Ben & Jerry’s pint coupon.  Approximate Retail Value (“ARV”): $41 each.
Total ARV of all prizes: $1,620.00

Odds of winning the Prize depend upon the total number of eligible entries received during the Promotion Period. 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.

WINNER NOTIFICATION: Grand Prize Winners (a “potential winner” and/or “Winner”) are not deemed a winner of any prize, even if the winning notification should so indicate, unless and until (i) the Winner’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 Winners have been notified that the acceptance and verification process is complete.  Potential Winners will be notified on or about June 5, 2023. Grand Prize Winners will be required to complete, sign, and return an Affidavit of Eligibility and Liability Release and; where legal, a Publicity Release (collectively the “Affidavit”).  Complete document must be returned within five (5) days from prize notification date or the prize will be forfeited and awarded to an alternate potential winner. The Sponsor may, in its sole discretion, request any additional documentation, such as but not limited to, a copy of birth certificate to valid Winners’ name, needed to verify a winner.  If potential Winner (i) cannot be contacted after a reasonable attempt has been made by the Sponsor or Administrator; (ii) fails to timely return the required paperwork without alteration and in the form presented by Sponsor or Administrator; (iii) refuses the prize; and/or (iv) the prize or prize notification is rejected or returned as undeliverable, such potential winner forfeits all rights to be deemed a winner in the Promotion and receive the prize, then that potential prize winner will be disqualified and an alternate potential winner will be selected, time permitting. Prize must be accepted as awarded.

CONDITIONS OF ENTRY: By participating in this Sweepstakes, all participants agree that 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.    

GENERAL CONDITIONS:  By accepting the prize, winner consents to the use of winner’s name, photograph, other likenesses 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.

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.

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.  

WINNERS LIST:  To request the names of the winners, send an e-mail with subject line "Ben & Jerry’s 45th Birthday Sweepstakes Winners" to winnerslist@mkpromosource.com. Requests must be received no later than June 16, 2023. The list will be sent when the drawing has been conducted and the winners 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.  

© 2023 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.