Chief Jelly Belly Bean Officer Contest
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER FOR A CHANCE TO WIN. THE CONTEST IS INTENDED FOR LEGAL RESIDENTS IN ALL 50 STATES INCLUDING DISTRICT OF COLUMBIA AND WILL BE GOVERNED BY UNITED STATES LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. INTERNET ACCESS IS REQUIRED. STANDARD DATA AND MESSAGING RATES MAY APPLY TO PARTICIPATE IN THE CONTEST VIA A MOBILE DEVICE. BY SUBMITTING AN ENTRY TO THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. VOID WHERE PROHIBITED.
CONTEST. NO PURCHASE NECESSARY TO ENTER OR RECEIVE A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Chief Jelly Bean Officer (“Contest”) begins on Wednesday, April 17, 2024 at 12:01 AM Pacific Standard Time (“PST”) and ends on Friday, May 17, 2024 at 11:59 PM PST (the “Contest Period”). Odds of winning depend on the number of eligible entries received. The Contest is sponsored by Jelly Belly Candy Company, Inc. (“Sponsor”). Sponsor’s computer is the official time-keeping device for the Contest, which is subject to the eligibility guidelines below. Odds of winning depend on the number of eligible Entries received during the Contest Period.
ELIGIBILITY. The Contest is open only to legal residents residing in one of the fifty (50) United States or the District of Columbia who are at least 18 years of age (or the age of majority in their jurisdiction, whichever is older) on the first day of the Contest Period. Employees of Sponsor, HPR Partners, LLC (“Reviewing Organization”), and each of their parent companies, affiliates, subsidiaries, franchises, agents, distributors, advertising and promotion agencies, fulfillment companies, and their immediate family members (spouse, parent, sibling, child, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household (whether related or not) are not eligible to enter.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Reviewing Organization’s decisions which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
Entry into this Contest constitutes permission to use the name of each entrant and the name, image/likeness, photograph, picture, video, portrait, voice and biographical material of each entrant in advertising and publicity and for other promotional purposes in all media now known or hereafter devised, without notice, compensation or other consideration by Sponsor (except where prohibited by law).
The Contest is subject to all applicable federal, state and local laws and regulations, and is void where prohibited or restricted by law.
HOW TO ENTER. To enter, visit www.jellybelly.com/ChiefJBO (the “Site”) during the Contest Period, and complete the registration form, including first name, last name, email address, and the answers to three (3) multiple choice questions and one (1) short answer prompt (as more specifically described in the SUBMISSION REQUIREMENTS section below) to receive one (1) Entry (each, an “Entry;” collectively, the “Entries”). Limit one (1) Entry per person/email address. Entries received in excess of one (1) will be void. All Entries must be received by 11:59 PM PST on May 17, 2024.
All Entries must be complete to be eligible to win. All Entries become the property of the Sponsor and will not be returned or acknowledged, and Sponsor will not verify receipt of Entries. All entrants agree that, subject to applicable law, Sponsor and Sponsor's agents, affiliates, or service providers may use entrants' personal information submitted with Entries pursuant to the Sponsor’s privacy policy and for purposes of prize fulfillment. No information regarding Entries, other than as otherwise set forth in these Official Rules, will be disclosed. Any attempt by any entrant to obtain more than the entry limit stated above for any Weekly Entry Period by using multiple/different email addresses, identities and registrations, or any other methods will void all Entries and that entrant may be disqualified from participation in the Contest. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet and/or telephone and data access and usage charges imposed by your online service may apply.
Incomplete, corrupted, or untimely Entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of the entrant, the authorized account holder of the email address used for Entry will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
Without limiting the foregoing, if more than one (1) Entry is submitted by an entrant, the Entry with the earliest delivery date, as determined by Sponsor, will be accepted, and subsequent Entries will be disqualified. Multiple entrants are not permitted to share the same email address. Entries will only be accepted during the Contest Period. Any Entry that fails to comply in all respects with these Official Rules is subject to disqualification, as determined by Sponsor in Sponsor’s sole discretion. Submission Materials become the property of Sponsor and will not be acknowledged or returned. Proof of submission does not constitute proof of receipt.
Verification: All Entries and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information for the purposes of this Contest; and/or (iii) for any other reason the Sponsor or Reviewing Organization deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Official Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor or its Reviewing Organization, may result in disqualification in the sole and absolute discretion of the Sponsor. Proof of transmission (screenshots or captures etc.), or attempted transmission of a submission or of attempted submission of any communication, does not constitute proof of delivery or receipt by the Contest computers, Reviewing Organization or Sponsor.
SUBMISSION REQUIREMENTS. To receive one (1) Entry, an entrant must answer three multiple choice questions and create a statement demonstrating the entrant’s creativity by describing what kind of Jelly Belly Jelly Bean flavor they would be and why within the 250 character cap (the “Submission Materials”).
Once submitted, Entries cannot be revised, altered or withdrawn by entrant. Sponsor and/or Reviewing Organization reserve the right in their sole and unfettered discretion to disqualify any Entries, or any portion thereof, that violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provisions of these Official Rules.
ENTRY JUDGING. After the close of the Contest Period, all eligible Entries received will be reviewed and judged by members of the reviewing organization (the “Judges”), based upon the following criteria (“Judging Criteria”):
Accuracy of Jelly Belly Knowledge (30%) and Overall Creativity (70%) for 100% Jelly Belly IQ.
One (1) Grand Prize winner, as determined by the Judges in accordance with the Judging Criteria, will be selected (the “Grand Prize Winner” or “Winner”). In the event of a tie, the Entry with the higher score in the “Creativity” category will be deemed the Grand Prize Winner. Sponsor and Judges will not disclose any judging scores.
The potential Grand Prize Winner will be notified by email on or about Tuesday, May 21, 2024. As a condition of eligibility to being designated the Grand Prize Winner, the selected entrant must execute and return an affidavit of eligibility, publicity release (except where prohibited), liability waiver and/or any other documentation required by Sponsor, within five (5) days of delivery of such documentation to the e-mail provided by the entrant. If the potential Grand Prize Winner cannot be reached after a reasonable effort has been made (as determined by Sponsor in its sole and absolute discretion), fails to execute any such documentation within the required time period, or if such potential Grand Prize Winner is otherwise found to be ineligible, an alternate Grand Prize Winner may be selected. Any documents returned to Reviewing Organization as undeliverable will result in disqualification and selection of an alternate Grand Prize Winner. Correspondence will not be acknowledged.
Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official Grand Prize Winner of the Contest.
Nothing in these Official Rules is an offer or contract of employment of any king with any eneity, including Sponsor or any company associated with Sponsor.
PRIZE DETAILS. Grand Prize Winner will receive “One Year Supply of Jelly Belly jelly beans”, which will be awarded in the form of 1lb of jelly beans per month for twelve (12) months (Approximate Retail Value or “ARV” of $167.88), official merchandise (ARV of $100), and a cash prize (ARV of $4,500). Total ARV of the Grand Prize is $4,767.88.
Sponsor reserves the right, in its sole discretion, to substitute a prize or prizes of equal or greater value for any and all prizes. No other substitutions, cash equivalents or transfer of prizes will be allowed unless specifically authorized by Sponsor. In the event that no eligible Entries are received, no prizes will be awarded. If Grand Prize Winner cannot accept the prize as specified, the prize will be forfeited in its entirety and an alternate winner may be selected.
GRAND PRIZE CONDITIONS
Sponsor is not responsible or liable in any manner if the Winner is unable to accept or use all or any portion of the Grand Prize due to failure to qualify or comply with these Official Rules or any law regulation or other rules that apply to acceptance, receipt or use of the Grand Prize. Such failure to qualify or comply will result forfeiture of that portion of the Grand Prize in its entirety with no additional compensation, and no substitution will be provided, except in Sponsor’s sole determination.
Entrants acknowledge that the Released Parties (defined below) have neither made, nor are in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including any express warranties provided by any prize supplier that are sent along with a prize and any implied warranty of merchantability of fitness for a particular purpose. Any Grand Prize elements pictured in online, television and print advertising, promotional packaging and other Contest materials are for illustrative purposes only. Grand Prize will be awarded provided a sufficient number of eligible Entries are received, but under no circumstances will more than the advertised number of prizes be awarded.
The value of Grand Prize will be taxable to the winner as income. An IRS Form 1099 and W9 may be issued in the name of the Winner for the actual value of the Grand Prize awarded if required by law. All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of Grand Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
RELEASED PARTIES SHALL NOT HAVE ANY LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF OR RELATED TO THE GRAND PRIZE OR ANY ACTIVITY RELATED TO THE GRAND PRIZE OR ANY OTHER ASPECT OF WINNER’S ACCEPTANCE OR USE OF THE PRIZE, INCLUDING TO WINNER’S GUEST.
GENERAL CONDITIONS.
By submitting Submission Materials, each entrant agrees: (i) to be bound by and abide by these Official Rules and by all decisions of Sponsor, Reviewing Organization and the Judges, whose decisions are final, binding and not open to appeal; (ii) to release and hold harmless Sponsor, Reviewing Organization, the Judges, and all of their respective directors, officers, employees, subsidiaries, affiliates, agents, divisions, agencies, licensors and advertising and promotional agencies, fulfillment companies and/or judging agencies and any and all suppliers (“Released Parties”), from any and all liability whatsoever in connection with the Contest, including without limitation causes of action, injury, damage, liabilities, suits, cross-claims, counterclaims or any other claims arising out of or relating to participation in the Contest (including without limitation personal injuries and death and damage to, loss or destruction of property), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY, including, but not limited to, third party claims that may be made against an entrant, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize money, or any publicity or other public exposure of an entrant, including without limitation, claims concerning infringement or invasion of an entrant’s privacy or publicity rights, or defamation, or acts undertaken in preparation for or participation in the Contest; (iii) to assume all risks, express or implied, associated with all claims released above, including without limitation, all risks concerning application for and participation in the Contest; (iv) THAT NONE OF THE RELEASED PARTIES HAS MADE, OR IS RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, EXPRESSED OR IMPLIED, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED TO ENTRANTS ON AN “AS IS” BASIS; and (v) to the use of the entrant’s name and likeness/image for editorial, advertising and promotional purposes in any and all media (now known or hereafter devised) without compensation unless prohibited by law.
Each entrant agrees to contact the Sponsor with any questions, comments or complaints regarding the Contest and understands and acknowledges that the information he or she provides in connection with the Contest is collected by the Sponsor and will be used solely for purposes of the Contest.
Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the Official Rules, administration of the Contest or in the announcement of the prize, nor is Sponsor responsible for typographical errors, omitted details or any other errors in any Entry. Neither Sponsor nor Reviewing Organization will be responsible for technical malfunctions, inability to access the Site or for lost, late, scrambled, jumbled, destroyed, delayed, misaddressed or otherwise misdirected Entries and Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. No incoherent, unoriginal, illegible, inaccurate or incomplete Entries will be accepted. Neither Sponsor nor Reviewing Organization will be responsible for any problems or malfunctions of any electronic equipment, telephone network or lines, computer hardware or software, Internet servers or providers, problems uploading Submission Materials, failures in transmission of Entries or other problems (whether due to technical problems, human error or traffic congestion (or any combination thereof)), including any injury or damage to a Representative’s or any other person’s computer arising out of, relating to or resulting from participation in this Contest.
In consideration of participating in the Contest, each entrant unconditionally and irrevocably grants to Sponsor a non-exclusive, royalty-free, perpetual, universe-wide, transferable and sublicensable right and license to use, copy, reproduce, publish, distribute, perform, display, translate, adapt, edit, modify, create derivative works out of and otherwise exploit the Submission Materials and the content thereof, in any way, in any and all markets, in any and all media now known or hereafter devised, without limitation and without notice, compensation or other consideration to the entrant, and upon Sponsor’s request, the entrant will execute any documents necessary to effectuate such license. Notwithstanding the foregoing, each entrant agrees that except with respect to submission of the Submission Materials as part of the Contest, he/she will not in any way, and he/she will not license or permit any third party to in any way, use or exploit the Submission Materials in any manner whatsoever unless Sponsor has provided its prior written consent in each instance with respect thereto. Each entrant represents and warrants that he/she has the right to grant such rights to Sponsor and that the reproduction, publishing, broadcasting, displaying and/or other use of the Submission Materials by or on behalf of Sponsor will not infringe upon or violate any rights of any third party, including but not limited to copyrights, trademarks, right of privacy or right of publicity. Without limitation of the foregoing, Submission Materials may be featured on the Site, in public service announcements, and in other promotional materials and advertising of the Contest and/or Sponsor. By entering, each entrant agrees that in connection with the Contest they have no right to bring, and covenant not to bring, any claim, action, or proceeding of any kind or nature whatsoever against Sponsor, the Reviewing Organization or any of its or their respective directors, officers, employees, subsidiaries, affiliates, agents, partners, representatives, suppliers, divisions, agencies, successors, assigns, licensors and advertising, promotional and judging agencies, and any and all prize suppliers. No entrant shall receive any compensation for use of the Submission Materials.
Without limiting anything set out elsewhere in these Official Rules, an entrant and/or Grand Prize winner will be disqualified, at the sole discretion of Sponsor and/or Reviewing Organization, if he/she attempts (a) to enter the Contest through any means other than described in these Official Rules; or (b) to disrupt the Contest, circumvent the terms and conditions set forth in the Official Rules, or in any way tamper with any component of the Contest. Mechanically reproduced Entries will not be accepted. In the event of a dispute as to the identity of an entrant who submits an Entry, the Entry will be declared made by the Authorized Account Holder of the email account. “Authorized Account Holder” is defined as the natural person who is assigned to an email account. Any entrant may be requested to provide Sponsor with proof that such entrant is the Authorized Account Holder of the email account associated with his/her Entry.
CAUTION: ANY ATTEMPT TO DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Contest, or any portion thereof, if it cannot be run as originally planned for any reason including, but not limited to, as a result of tampering or infection by computer virus, bugs, fraud, unauthorized intervention or fraud or other or other causes beyond the control of Sponsor. If, in the judgment of Sponsor, the Contest is compromised as set forth herein, Sponsor reserves the right to conduct the Contest from among all eligible Entries received, if any, prior to the date on which the event that compromised the Contest occurred. Sponsor reserves the right to take whatever action it deems necessary or appropriate in connection with the administration of the Contest. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in Sponsor’s sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass other entrants or any Sponsor representatives. Any individual who attempts to participate using multiple email accounts, multiple identities or any other device or artifice to participate multiple times or to interfere with the proper administration of this Contest, will be disqualified from participation in the Contest.
Each entrant understands that during the Contest Period and thereafter, Submission Materials may be posted on the Site and/or other websites on the Internet, included, mentioned and/or discussed on local and/or national television and/or written about in newspapers, magazines, blogs, chat rooms, bulletin boards and elsewhere and/or included in advertisements. Each entrant hereby acknowledges and agrees that the Released Parties have no control over such uses, postings or the statements, opinions, discussions, comments or otherwise made about the content of the Submission Materials or the entrant. Without limiting anything set forth above, each entrant expressly releases the Released Parties from and against any actions, claims, injuries, losses or damages allegedly caused, directly or indirectly, by any such uses, postings or comments.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials (e.g., marketing, advertising or other ancillary documents) and these Official Rules, the Official Rules shall prevail, govern and control.
DISPUTES / CHOICE OF LAW. Except where prohibited, each entrant agrees that: (1) 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 state or federal courts situated in the Borough of Manhattan, City and State of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall include attorneys’ fees associated with participation in the Contest; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law governs these Official Rules, the Contest and all aspects related thereto or arising there from.
PRIVACY POLICY: See Sponsor’s privacy policy located at: https://www.jellybelly.com/privacy-policy for details regarding the use of personal information collected in connection with this Contest. If you are verified as a prize winner, your first name, last initial, city and state will be included in a publicly available winner’s list. By participating in the Contest, entrants hereby agree that Sponsor may collect and use their personal information submitted with the entry. Among other things, the information you provide may be used to send you company updates and announcements from Sponsor concerning the company and its products. By participating in the Contest, entrants hereby agree that Sponsor may share their personal information submitted with the entry for the purposes of winner selection and fulfillment
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
OFFICIAL RULES. These Official Rules will be posted on www.jellybelly.com/ChiefJBO. Individuals may request a hard copy of these Official Rules by sending a self-addressed, stamped #10 envelope to: Jelly Belly Chief Jelly Bean Officer Contest, c/o Hunter, 1 World Trade, 68th Floor, New York, NY 10007. Requests for Official Rules must be postmarked by Wednesday, April 24, 2024. Vermont residents may exclude return postage.
WINNER LIST. The first name of the Grand Prize winner and their hometown will be posted on the Site on or about Tuesday, May 21, 2024 through on or about Friday, June 14, 2024. To receive a copy of the winner’s list, send a self-addressed, stamped #10 envelope to: Jelly Belly Chief Jelly Bean Officer Contest, c/o Hunter, 1 World Trade, 68th Floor, New York, NY 10007. Requests for the winner’s list must be postmarked by June 29, 2024. Vermont residents may exclude return postage.
SPONSOR. Jelly Belly Candy Company, One Jelly Belly Lane, Fairfield, CA 94533.