Jelly Belly - Be the Big Bean! Sweepstakes and Instant Win Game

Be the Big Bean

Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Be the Big Bean (the "Promotion") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least thirteen (13) years old at the time of entry. Employees of Jelly Belly Candy Company, ePrize, LLC, and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a sweepstakes (the "Sweepstakes"), an instant win game (the "Instant Win Game") and a contest (the "Contest").

2. Sponsor: Jelly Belly Candy Company, One Jelly Belly Lane, Fairfield, CA 94533. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Timing: The Promotion begins on November 16, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on July 31, 2010 at 11:59 p.m. ET (the "Promotion Period"). The Contest contains two (2) phases as set forth below:

Contest Phase	Start Date (at 12:00 a.m. ET)	End Date(at 11:59 p.m. ET)
Submission	November 16, 2009	July 31, 2010
Judging	August 1, 2010	September 1, 2010

Administrator's computer is the official time keeping device for this Promotion.

4. How to Enter/Play:

The Sweepstakes and Instant Win Game: During the Promotion Period, go to www.bethebigbean.com and fill out the online entry form. Complete and submit the online entry form including a valid home address. P.O. Boxes are not permitted. You automatically will receive one (1) entry into the Sweepstakes and advance to the Instant Win Game page and receive one (1) Instant Win Game play for that day. Upon subsequent logins you will only receive additional Instant Win Game plays. Once on the Instant Win Game page, follow the links and instructions to play the game. The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game.

Limit: Each participant may receive one (1) Sweepstakes entry after registering for the Promotion and may receive one (1) Instant Win Game play per day during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified.

Tell A Friend Program: After you play the Instant Win Game, you will be invited to submit the names and email addresses of up to three (3) friends who must be eligible to enter the Promotion. Each person that you refer will receive an email notifying them about the Promotion. You may only refer persons with whom you have an existing relationship. For each referral of up to three (3) friends with valid email addresses, who subsequently registers for this Promotion, you will be given one (1) additional Sweepstakes entry. You must have been the first person to refer the friend at the email address he/she used to register for the Promotion.

Additional Sweepstakes Entries: During the promotion you will be able to receive additional Sweepstakes entries through the following methods:
1. Visit the Research and Development Department and submit a Contest Entry to receive one (1) additional Sweepstakes entry;
2. Visit the Factory to play the Factory Game. You will receive one (1) additional Sweepstakes entry the first time you play the game; and/or
3. Visit the Marketing Department to receive one (1) additional Sweepstakes entry.
After you complete each of the methods listed above you will receive two (2) additional Sweepstakes entries. Limit: Five (5) additional Sweepstakes entries during the Promotion Period.

The Contest: During the Submission Phase, visit www.bethebigbean.com and follow the links and instructions to submit a completed registration form (if not already done). Then follow the links and instructions to create a jelly bean flavor and a "beanboozled" counterpart and submit an optional essay that describes why your flavor should be the next Jelly Belly jelly bean flavor. (the "Contest Entry"). Your essay cannot exceed five hundred (500) characters. Contest Entries must not be inappropriate, indecent or obscene, as determined by Sponsor in its sole discretion. Proof of submission or sending is not proof of receipt by Sponsor. All Contest Entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt, and publish any or all of the essays submitted, and may use them in any media without attribution or compensation to the entrant, his or her successors or assigns, or any other entity. Submission of a Contest Entry constitutes entrant's irrevocable assignment, conveyance, and transference to Sponsor of all right, title, and interest in the entry, including, without limitation, all copyrights. In addition, by entering, entrants represent and warrant that the Contest Entries that they submit:
- Are their own original creations;
- Do not infringe any other person's or entity's rights;
- Have not been submitted previously in a contest of any kind; and
- Fit with the overall theme of the Contest.
Limit: Each entrant may submit one (1) Contest Entry per day during the Submission Phase. Uploading a Contest Entry constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Contest Entry. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Contest Entries; all of which will be void.

In the event of a dispute as to any registration, play, or Contest Entry, the authorized account holder, at time of entry, of the email address used to register for the Promotion will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The entrant may be required to show proof of being the authorized account holder.

5. Winner Determination:

The Sweepstakes and Instant Win Game: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Sweepstakes: Administrator will randomly select the potential Sweepstakes winner, from all eligible entries on or around August 1, 2010. Instant Win Game: Two thousand ten (2,010) random, computer-generated winning times, one for each prize listed below, will be generated during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly generated times, you will be a potential instant winner of the prize indicated.

The Contest: During the Judging Phase, Contest Entries will be judged by a panel of qualified judges (the "Judges") based upon the the following criteria (the "Judging Criteria"): (34%) creativity, (33%) originality and (33%) appropriateness to theme (creation of a new jelly bean flavor). In the event of a tie, the entrant whose Contest Entry received the highest score in the "creativity" category, as determined by the qualified judges in their sole discretion, will be deemed the applicable Contest Prize winner.

6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME OR SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER AND/OR SWEEPSTAKES WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.

7. Verification of all Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Grand Prize winner will be notified by mail, email or phone. The potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to ePrize, within ten (10) days of the date notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), potential winner forfeits prize. In the event that a potential winner of the Grand, First, or Second Prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the applicable prize will remain unawarded. In the event that the potential Contest Prize winner is disqualified for any reason, Sponsor will award the prize to an alternate winner with the next highest score as determined by the Judges. Only three (3) alternate winners will be determined, after which the Contest Prize will remain unawarded. Unclaimed Third, Fourth, Fifth, Sixth, Seventh, and Eighth Prizes will not be awarded. Instant Win Game Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion and the Contest Prize will be fulfilled 8-10 weeks after winner confirmation.

8. Prizes:

Sweepstakes Prize: ONE (1) GRAND PRIZE: A Trip for four (4) to the Jelly Belly Factory in San Francisco, CA and $10,000 cash. Trip package includes roundtrip, coach-class air transportation for four (4) from a major airport near winner's home (determined by Sponsor in its sole discretion) to San Francisco, CA; four (4) days and three (3) nights accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); a rental car for length of stay; a tour of the Jelly Belly Factory; and $1,000 spending money. If winner does not meet requirements for rental car, that portion of the prize will be forfeited in its entirety. Winner must complete the trip within one (1) year from the drawing date or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. All trip details and dates will need to be coordinated with Sponsor. Sponsor will contact winner via telephone to coordinate all travel arrangements. Trip subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companions must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, at least one (1) travel companion must be winner's parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if Jelly Belly Factory tour is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. Approximate Retail Value ("ARV"): $14,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Odds of winning the Sweepstakes Prize depend on the number of eligible entries received during the Promotion Period.

Instant Win Game Prizes: FIVE (5) FIRST PRIZES: Bean of the Month Club (12 month membership). ARV: $250. TWENTY (20) SECOND PRIZES: Jewelry Bracelet. ARV: $40. TWENTY-FIVE (25) THIRD PRIZES: Jewelry Cuffs. ARV: $25. FIVE (5) FOURTH PRIZES: Jelly Bean Driver Head Cover. ARV: $24.99. TEN (10) FIFTH PRIZES: Jelly Belly Tie. ARV: $19.99. FIFTEEN (15) SIXTH PRIZES: Jelly Bean Visor. ARV: $14.99. THIRTY (30) SEVENTH PRIZES: Jelly Belly Mug. ARV: $3.99. ONE THOUSAND NINE HUNDRED (1,900) EIGHTH PRIZES: A coupon for a Jelly Belly 6.5oz or 7oz bag. ARV: $3.99. Odds of winning an Instant Win Game Prize depend on the number of eligible Instant Win Game plays divided by the number of prizes available. Limit: One (1) Instant Win Game prize per person.

Contest Prize: ONE (1) CONTEST PRIZE: Wii Kit with Ballistic Beans Game. ARV: $400. The ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.

For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF SWEEPSTAKES AND INSTANT WIN GAME PRIZES: $24,925.40.

9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, ePrize, LLC, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

10. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or Instant Win Game or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes or the Instant Win Game may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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 provision.

12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

14. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor's Privacy Policy http://jellybelly.com/Cultures/en-US/help/Privacy and ePrize's Privacy Policy http://www.eprize.com/privacy/privacypolicy.html.

15. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than October 31, 2010. For the Winner List, visit the promotion website, complete the form at the bottom of the FAQ, and select "Win List Request" in the drop down.