Ben & Jerry’s Wants You To Go Wild Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PUBLICITY RELEASE MAY BE REQUIRED.

Open to legal residents of the 50 United States including the District of Columbia, 18
years of age and older at the time of entry.
Void in Puerto Rico and where prohibited by law.

PROMOTION ENTRY PERIOD: Ben & Jerry’s Wants You To Go Wild Sweepstakes (“Sweepstakes”) begins on or about 12:00:00 PM (Noon) Eastern Time (“ET”) on August 3, 2009 and ends at 5:00:00 PM ET on September 9, 2009 (“Entry Period”). All online and text entries must be received by 5:00:00 PM ET on September 9, 2009. Mail-in entries must be postmarked by September 9, 2009 and received by September 14, 2009.

HOW TO ENTER: There are three (3) ways to enter the Sweepstakes during the Entry Period; provided that there is a limit of one (1) entry per person, per day, regardless of entry method:
  1. Via Internet: Go to the Sweepstakes registration page located at www.benjerry.com (the “Web Site”) any time during the Entry Period. The Web Site will contain a description of the Sweepstakes and a link to the official entry form. Complete the required information on the entry form, which may include, among other things, full name, mailing address, e-mail address, telephone number and related registration information as prompted. Entrant must complete the entry form with all required information and click “submit” for the entry to be eligible.
  2. Via Text Messaging: If you have a text messaging capable mobile device and if you are a wireless service subscriber from a participating wireless carrier (e.g., Alltel, AT&T, Boost Mobile, Dobson/Cellular One, Nextel, Sprint, T-Mobile, U.S. Cellular, Verizon and Virgin Mobile), you may enter the Sweepstakes by texting the word “WILD” to the short code “30241” during the Entry Period. You will receive a confirmation text message. Entry via a text message will constitute agreement to be notified via phone, if such entry is selected as a potential winner. You will be charged for each text message sent or received from your handset according to the terms in your service agreement by your service provider. Standard text messaging rates apply and charges may appear on your wireless bill or be deducted from your pre-paid balance. A text message entrant can opt-out of being sent future text messages at any time by following the direction provided in the confirmation text message you receive after entry. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Please consult your cellular service provider regarding their pricing plans and charges relating to your participation in this Sweepstakes via text. Each cellular phone carrier’s instructions for text messaging may be different. Check your phone capabilities for specific instructions. This Sweepstakes method of entry requires a two-way text messaging enabled cellular phone. If you are unable to enter via SMS text messaging for any reason, you may enter via Internet or by mail. HELP: If you need any help or have any questions relating to the text messaging entry method of this Sweepstakes, you may text “HELP” to 30241.
  3. By Mail: Write your first and last name, complete address (no P.O. Boxes), telephone number, date of birth, and e-mail address (if you have one) (all legibly hand printed) on a 3X5 piece of paper, place in a stamped envelope and mail to: Ben & Jerry’s Wants You To Go Wild Sweepstakes, P.O. Box 6000, Manhasset, NY 11030-6000. To protect your privacy, we recommend that you send the 3x5 postcard to Sponsor (defined below) in an envelope. Sponsor will not use personal information obtained through your mail-in entry, except in connection with this Sweepstakes.
Limit of one (1) entry per person per day no matter the method of entry. All eligible individuals who submit an entry during the Entry Period as described above are considered “entrants” in this Sweepstakes, but only if Sponsor actually receives such entries. If more than one (1) entry per day is submitted within twenty-four (24) hours, only the first entry submitted will be accepted. The phone number recorded during the text message method of entry process or submitted with the Internet or mail-in method of entry will be the phone number called to notify the potential winner. If more than one (1) person uses the same phone to enter this Sweepstakes, that person will need to have access to the phone when the potential winner notification call is made immediately following the close of the Entry Period. By entering the Sweepstakes, entrants agree to comply with and be bound by these “Official Rules” and the decisions of the Sponsor which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Proof of submitting a Sweepstakes entry form online (such as an automated computer receipt confirming entry or “thanks for entering” message) will not be deemed by Sponsor to constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes.

In the event of a dispute as to the identity of a winner based on an e-mail address or cellular phone number, the winning entry will be declared made by the Authorized Account Holder of the e-mail address and/or cellular phone number submitted at time of entry. For purposes of these Official Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address and/or cellular phone number by an Internet access provider, online service provider, wireless phone service carrier (or as shown on the carrier’s billing records) or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or the cellular phone number associated with the wireless phone service provider. With respect to any winning entry, the winner may be required to provide Sponsor with proof that the person is the registered account holder of the e-mail address and/or cellular phone number associated with the winning entry.

PRIZES:

Sponsor will be awarding one (1) “Grand Prize” consisting of: a three (3) day/ two (2) night trip for the Grand Prize winner and one (1) guest to attend the United States premiere of Where The Wild Things Are (the “Picture”) at the location and on the dates and times designated by Sponsor and/or Warner Bros. Entertainment Inc. (premiere event is currently scheduled to take place in New York City on October 13, 2009). The Grand Prize winner will be required to travel on Sponsor-selected dates. The Grand Prize trip includes: (i) two (2) screening passes to the red carpet movie premiere of the Picture, (ii) round trip coach airfare for winner and one (1) guest from a major commercial airport (selected by Sponsor in its sole discretion) nearest Grand Prize winner’s primary residence via a major carrier that services the premiere location, provided that Sponsor reserves the right to substitute ground transportation for air transportation if Grand Prize winner resides within one hundred fifty (150) miles of the city in which the premiere is located, (iii) two (2) nights double occupancy standard hotel accommodations at a Sponsor-selected hotel, and (iv) ground transportation to/from airport/hotel at destination city only. The air transportation, ground transportation, and accommodations will be at the sole discretion of the Sponsor. The approximate retail value (“ARV”) of Grand Prize: Two Thousand Five Hundred Dollars ($2,500.00) (USD). ARV of Grand Prize may vary depending on point of departure, travel dates and fare/rate fluctuations.

All travel arrangements must be made through the Sponsor. Certain restrictions and black out dates may apply. The Grand Prize consists of only the items specifically listed as part of the Grand Prize. Address of premiere theatre will be provided by the Sponsor. The winner is advised to arrive at least one (1) hour prior to premiere start time. Selection and specifics of the Grand Prize will be determined in the Sponsor’s sole discretion. The tickets to the premiere are subject to the following limitations and restrictions: (i) Theater will be overbooked to ensure a full house; (ii) Not all ticket holders will be admitted; (iii) Seating is on a first-come, first served basis; and (iv) No one will be admitted without a ticket or after the premiere begins. If, for whatever reason, the premiere of the Picture is cancelled or rescheduled after the tickets are ticketed, no compensation will be paid in lieu of any cancelled or rescheduled showing of the Picture.

Sponsor will be awarding two (2) “First Prizes” and each First Prize winner will receive: one (1) Where the Wild Things Are limited edition Xbox® 360 Pro console. The ARV of each First Prize: One Thousand Dollars ($1,000.00) (USD). The total ARV of all prizes awarded in this Sweepstakes: Four Thousand Five Hundred Dollars ($4,500.00) (USD).

All expenses relating to acceptance and use of any prize that are not explicitly listed herein as being awarded, including payment of taxes, are responsibility of the winner. Limit of one (1) prize per person, family or household. No substitution, barter, cash redemptions, equivalents, transfer, or assignment of prize permitted, except by Sponsor at its sole discretion. Sponsor reserves the right to substitute a prize of comparable or greater value. If a winner is unable to accept the prize or any portion of the prize package for any reason, the Sponsor shall have no further obligation to the winner and prize will be awarded to an alternate winner. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the winner with the their prize, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

Prize winners are solely responsible for all applicable federal, state and local taxes. The value of a prize a winner receives will be taxable to such winner as income. All winners must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of winner, for the actual value of the prize received. Failure to complete the trip Grand Prize does not relieve the Grand Prize winner of his or her tax obligations associated with winning the Grand Prize. Sponsor shall have no responsibility or obligation to any winner or potential winner who is unable or unavailable to accept or utilize any prize as described herein.

ODDS OF WINNING: Odds of winning depend on the total number of eligible entries received.

ADDITIONAL CONDITIONS OF GRAND PRIZE TRIP:

Prize does not include transportation to/from movie premiere screening theater or any incidentals such as, but not limited to, food at the movie premiere, souvenirs, etc. All expenses and incidentals not specifically mentioned herein, are not included as part of any Grand Prize package, and are solely the Grand Prize winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the Grand Prize winner’s destinations, travel insurance, room service, bag check fees, parking fees, laundry service, food, beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. The Sponsor and/or any other relevant party, reserve the right to remove or to deny entry to the Grand Prize winner and/or Grand Prize winner’s guest who engages in a disorderly or disruptive manner (as determined by Sponsor in its sole discretion), or with intent to annoy, abuse, threaten or harass any other person at the movie premiere. Further, if any such actions occur, Sponsor reserves the right to terminate the trip early and send the Grand Prize winner and/or his or her travel companion home with no further compensation. Unused tickets cannot be refunded or exchanged. No responsibility is assumed by Sponsor if movie premiere is cancelled, rescheduled, delayed or postponed, in whole or in part. The Grand Prize will be forfeited if: 1.) Grand Prize winner is not available to travel on dates specified by Sponsor (movie premiere is currently scheduled to take place on October 13, 2009); or 2.) the proper travel documents are not obtained by the Grand Prize winner by the date specified by Sponsor. Guest traveling with Grand Prize winner must be at time of Grand Prize fulfillment the age of majority in their state of residence unless they are the child of the Grand Prize winner, in which case the parent or legal guardian of such minor travel companion must sign a release on their behalf. Grand Prize winner and Grand Prize winner’s guest are solely responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain at their own expense and hereby acknowledges that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Grand Prize winner is bound by the terms and conditions of all airlines, hotels and other third party service providers used in connection with the Grand Prize. Sponsor is not responsible if tickets, etc are lost, stolen, or misplaced by Grand Prize winner and will not be replaced or if booked transportations are missed for any reason. All other expenses not stated herein as part of the Grand Prize are the Grand Prize winner’s sole responsibility. Exact dates and locations are subject to change, and are at the sole discretion of Sponsor. 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.

The Grand Prize winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents. The dates of departure and return are subject to change at Sponsor’s sole discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole discretion. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for the Grand Prize begins and ends at the point of departure. The Grand Prize is subject to seat and hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto.

Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. Additional Grand Prize award details and travel information to be provided to the Grand Prize winner at the time of Grand Prize notification. It is the responsibility of the Grand Prize winner and guest to provide proper documentation. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Lost, stolen or damaged airline tickets will not be replaced or exchanged. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Grand Prize winner. The Sweepstakes Entities (defined below) shall not be liable for any loss or damage to (a) any baggage or any unauthorized intervention whether or not caused by any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity(ies), equipment failure, including overloading of the Web Site due to excessive use, threatened terrorist act(s), terrorist act(s), air raid(s), blackout(s), act(s) of public enemy, earthquake(s), war(s) (declared or undeclared), fire(s), flood(s), epidemic(s), explosion(s), unusually severe weather, hurricane(s), embargo(s), labor dispute(s) or strike(s) (whether legal or illegal), vandalism, labor or material shortage(s), transportation interruption(s) of any kind, work slow-down(s), civil disturbance(s), insurrection(s), riot(s), abductions, or any other similar or dissimilar cause(s) beyond Sponsor’s sole and reasonable control; (b) damage caused by computer virus or otherwise resulting to any computers from any entrant’s access to the Web Site or entry into the Sweepstakes; (c) printing or other errors appearing in the Official Rules or other Sweepstakes materials; or (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any entrant’s participation in the Sweepstakes or receipt or use of any prize. The Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any performer(s)/event(s), air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sweepstakes Entities shall not be liable for any loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. If the Grand Prize winner becomes disabled or cannot otherwise fully enjoy the Grand Prize travel package due to illness, Sponsor shall have the option of: (1) being relieved of liability for fulfillment of the Grand Prize award; or (2) at Sponsor’s sole discretion extending the period during which the Grand Prize may be awarded for a period equal to the duration of the Grand Prize winner’s disability or illness, in which case certain prize components may not be available. The Grand Prize winner must prove such disability by a doctor’s certificate, which certificate shall be endorsed by another physician agreeable to Sponsor and Grand Prize winner at Sponsor’s expense. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision; you further agree that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys’ fees and/or experts’ fees and costs.

WINNER SELECTION: Potential winners will be selected in a random drawing from among all eligible entries received. Drawing will be conducted on or about September 14, 2009 under the supervision of Marden-Kane, Inc., an independent judging organization, whose decisions are final on matters relating to this Sweepstakes.

WINNER NOTIFICATION: Potential winners will be notified via U.S. mail, e-mail, and/or phone (if potential winner entered via text message you will be notified by phone), from among all eligible entries received and may be required to complete and return to Sponsor an Affidavit of Eligibility and Liability and where legal, Publicity Release. Potential Grand Prize winner and Grand Prize winner’s guest will also be required to complete a Travel Release. Grand Prize winner must return completed Affidavit of Eligibility and Liability/Publicity Release and Travel Releases for Grand Prize winner and their guest within seven (7) days following the date of issuance of notification. Potential First Prize winners must return completed Affidavit of Eligibility and Liability/Publicity Release within fourteen (14) days following the date of issuance of notification. Non-compliance within the time periods set forth above or return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner (time permitting for Grand Prize). Parents or legal guardians of any prize winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit of Eligibility and Liability/Publicity Release in order for the prize winner to be qualified for their prize. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate potential winner may be selected. By entering, entrants agree to be bound by these Official Rules and consent to use of their names and/or photographs for advertising or publicity purposes without further consideration, except where prohibited by law. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.

ELIGIBILITY: This Sweepstakes is open only to legal residents of the fifty (50) United States including the District of Columbia, eighteen (18) years of age and older at the time of entry. Employees of Sponsor, Warner Bros. Entertainment Inc., Joule, Marden-Kane Inc. (collectively, the “Sweepstakes Entities”), and each of their respective parents, affiliates, subsidiaries, advertising, and promotion agencies, directors, officers and distributors and other prize suppliers, and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter or win the Sweepstakes. For the purpose of this Sweepstakes, family members are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Void in Puerto Rico and where prohibited by law. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations.

PUBLICITY RELEASE TERMS: By accepting a prize, winners grant to the Sweepstakes Entities, to the fullest extent permitted by applicable law, the right to use and publish their proper name and/or likeness, online and in print or in any other media for advertising and promotional purposes worldwide, and in perpetuity without additional compensation unless prohibited by law. All entries (both winning and non-winning) become the sole property of Sponsor and will not be returned.

TAMPERING WITH SWEEPSTAKES: If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes without further notice. The Sweepstakes Entities are not responsible for any problems or technical malfunction of any computer system, hardware, phone line, hardware, program malfunctions, satellite or cable malfunctions, mobile phone carrier outages, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet for a mobile phone carrier or at any web site, inability to access the Web Site or on-line service, or any combination thereof, including any injury or damage to participant’s or any other person’s computer or mobile phone relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY: BY PARTICIPATING IN THE SWEEPSTAKES, 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 OFFICIAL RULES, AND RELEASE, INDEMNIFY AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES, 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 SWEEPSTAKES, OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF THE PRIZE THAT MAY BE AWARDED (INCLUDING, WITHOUT LIMITATION, ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH CAUSED TO ANY PERSON(S)).

ADDITIONAL TERMS AND CONDITIONS: If an entrant changes his/her telephone number, e-mail address and/or street address after he/she enters the Sweepstakes, 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. Releasees are not responsible for printing or typographical errors in any Sweepstakes 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 Sweepstakes, 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 Sweepstakes, 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 Sweepstakes, the Sponsor and/or Administrator reserves 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 Sweepstakes, or to terminate the Sweepstakes 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 Sweepstakes in its entirety at any time and at its sole discretion. Should the Sweepstakes be terminated or modified prior to the stated expiration date, notice will be posted on the Web Site. Any attempt by an entrant or any other individual to damage the Web Site or undermine the legitimate operation of the Sweepstakes 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 Sweepstakes 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 Sweepstakes entry services or programs are prohibited.

GOVERNING LAW: The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the prizes awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses, and entrant further waives all rights to have damages multiplied or increased.

DISPUTE RESOLUTION: The parties agree that any disputes arising out of these Official Rules shall be submitted to final, binding arbitration conducted in Los Angeles County under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) before a single, neutral arbitrator who is a former or retired California state or federal court judge with experience in entertainment matters who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Los Angeles County, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sponsor shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Los Angeles County. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County.

WINNERS LIST: For a complete list of prize winners, available after October 30, 2009 visit www.benjerry.com/scoop-shops/feature/wild-things/winners.cfm

SPONSOR: The Sponsor of this Sweepstakes is: Ben & Jerry’s Homemade Inc., 30 Community Drive, South Burlington, VT 05403 (“Sponsor”). ADMINISTRATOR: Marden-Kane Inc., 36 Maple Place, Manhasset, NY 11030 (“Administrator”). Warner Bros. Entertainment Inc. and its parents, affiliates and subsidiaries are not responsible for the promotion, administration or execution of this Sweepstakes. Microsoft Corporation is not a sponsor of this Sweepstakes and does not endorse or otherwise have anything to do with this Sweepstakes.

MISCELLANEOUS: Reference to third parties in connection with the prizes (including, without limitation, the Xbox®) are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit of Eligibility and Liability/Publicity Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit of Eligibility and Liability/Publicity Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event of a conflict between the Official Rules and the Sweepstakes Web Site’s Terms of Use and/or Privacy Policy, these Official Rules will govern.

© 2009 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.

WHERE THE WILD THINGS ARE © 2009 Warner Bros. Entertainment Inc. All Rights Reserved.