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JELLY BELLY® BAD POETRY CONTEST OFFICIAL RULES

    1. ELIGIBILITY: The Jelly Belly Bad Poetry Contest (“Contest”) is open to individuals who are legal residents of the United States, who are at least thirteen (13) years old as of the Contest start date and who have internet access and a Facebook account in good standing prior to the Contest start date (“Contestants”). If you are under the age of majority in your state of residence, you must have permission from your parent or legal guardian to enter this Contest and submit a poem. We will verify that you have all necessary permissions before awarding the prize. This Contest is void outside of the United States, in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. Sponsored by Jelly Belly Candy Company, One Jelly Belly Lane, Fairfield, CA 94533 (“Sponsor”). Employees and officers of the Sponsor, its parents and subsidiaries, advertising and promotion agencies and all other entities participating in the design, promotion, marketing, advertising, administration or fulfillment of this Contest (the “Contest Parties”) and their immediate families and persons living in the same household are ineligible to participate in the Contest. This Contest is subject to all applicable federal, state and local laws.
    2. MANDATORY FACEBOOK DISCLOSURE: This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Jelly Belly Candy Company and not to Facebook. The information you provide will only be used for administering this Contest and for marketing purposes in accordance with Sponsor’s privacy policy, located at www.jellybelly.com/privacy-policy.
    3. CONTEST PERIOD: The Contest begins on Tuesday, August 11, 2015 at 5:00 PM Pacific Standard Time (“PST”), and ends on Tuesday, August 18, 2015 at 3:00 PM PST (the “Contest Period”). ALL ENTRIES MUST BE SUBMITTED DURING THE CONTEST PERIOD. By participating, Contestants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to this Contest.
    4. HOW TO ENTER: Only one submission per Contestant per day. Online Submission only according to the Submission Guidelines section contained in these rules (“Submission Guidelines”). You may enter on Facebook following the instructions in these Rules. If you do not have a Facebook account, you may create one by accessing www.facebook.com and following the instructions to create an account for free. Information you provide to Facebook to open an account is subject to Facebook’s privacy policy, located at www.facebook.com/privacy.

    Here is how to enter the Contest:

    STEP 1: Write a bad poem of 200 words or less about your favorite or least favorite Jelly Belly bean flavor. It can be as fun, silly, or awful as you like, so long as it complies with the Submission Guidelines below.

    STEP 2: Once you have created your masterpiece, go to the Jelly Belly USA Facebook page at www.facebook.com/JellyBelly during the Contest Period. Submit your bad poetry entry as a status update or as a comment to the Jelly Belly status update relating to the Contest (the “Submission”). A unique poem must be submitted with each additional entry (one submission per Contestant per day).

    All contact information in your Facebook account must be current, accurate and valid. Submissions must be received no later than August 18, 2015 at 3:00 PM PST according to Sponsor’s time. No other methods of delivery will be accepted, including submission by email. All entries received by the end of the Submission Period that are complete and otherwise qualified will be eligible to win (“Qualified Submissions”). Sponsor reserves the right to disqualify any Contestant it finds to be tampering with the entry process or the operation of the Contest or violating these Official Rules. Persons discovered entering under several names will be disqualified. Any submission of robotic, automatic, or programmed entries, or any entries submitted through other unapproved methods are void. All Submissions become the sole property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for incomplete, late, lost, delayed, damaged, misdirected, incomplete, void, corrupted, garbled, illegible, or unintelligible submissions and those Submissions are void and will not be accepted; nor is Sponsor responsible for any problems, bugs or malfunctions Contestants may encounter when seeking to enter their Submissions. Any communication or information transmitted to Sponsor and/or Facebook is and will be treated as non-confidential and nonproprietary. Submissions will not be returned and become the property of Sponsor. Proof of Submission does not equate to proof of receipt. Contestant is solely responsible for compliance with Facebook’s Terms of Use. In the event of a dispute as to the identity of a Contestant, the Contestant will be deemed to be the person in whose name the Facebook account used by Entrant at the time of entry was opened. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
    5. SUBMISSION GUIDELINES:

    Your Submission can be as creative as you’d like within the following guidelines and content restrictions:
    • The topic of your poem must be your favorite or least favorite Jelly Belly bean flavor.
    • Any kind of poem is fine. Free verse, rhyming couplets, limericks or other poetic form — the key is that it needs to be BAD (for example, it could be hilariously awful, gross, falsely deep, or use bad imagery, incorrect word choice, or awful metaphors)
    • Submissions must be in the Contestant’s own words and must be original works of authorship, created by the person who submits the entry.
    • Submissions must be written in English, must be creative, coherent and truthful, and must be 200 words or less. In the event that an essay exceed 200 words, the judging panel will either disqualify the entry or read only the first 200 words, at its option.
    • Remember that Submissions must be appropriate for a broad audience since Submissions will be publicly available online. Submissions must also comply with Facebook’s Terms of Use.
    • Please, no mean-spirited Submissions or personal attacks on anyone.
    • Use of a “bad poetry generator” or other automated system is not allowed.
    • Contestants may not copy or otherwise plagiarize the Submission from any source, nor may the poem include third-party copyrighted material without the copyright holder’s permission or violate any rights of any other party. Contestant must hold all rights to the entire Submission. By entering, you warrant (or Contestant’s parent or legal guardian if Contestant is a minor) that your poem does not infringe any third party’s rights, and that you have obtained all necessary permissions from all relevant third parties to submit the Submission. If, in the sole discretion of Sponsor, your Submission constitutes copyright infringement, the Submission will be disqualified. Contestant (or Contestant’s parent or legal guardian if Contestant is a minor) agrees to indemnify Sponsor against any and all claims of infringement from any third party for any use by Sponsor of the poem Submission.
    • Contestants may not be: 1) represented under contract that would limit or impair Sponsor’s ability to use the poem in any media form; 2) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this promotion, or from allowing Sponsor to use royalty-free, the Submission worldwide in all media in perpetuity.
    • No Submission may describe harmful or illegal activity, or objectionable, offensive or obscene subject matter, as determined in Sponsor’s sole discretion.
    • The Submission must not contain material that promotes racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
    • No Submission shall portray Sponsor in a negative light.
    • No Submission shall contain recognizable trademarks (other than JELLY BELLY).
    • We reserve the right to exclude any poem that we believe doesn't meet the above criteria, at our sole discretion.

    6. JUDGING AND NOTIFICATION: All entries will be prescreened to ensure the entries have correctly met the Submission Guidelines and meet with Sponsor’s general standards and practices prior to any judging (“Qualified Submissions”). After the end of the Contest Period, a panel of qualified judges will conduct judging of all Qualified Submissions received during the Contest Period. Each Submission will be judged on the following criteria:
    • Creativity and Originality
    • Relevance to the Theme
    • Humor and/or Silliness
    • Awfulness
    Up to five (5) top-scoring Contestants will be deemed the potential winners (“Selected Contestant”). In case of a tie, the tying submissions will be re-scored.

    Sponsor reserves the right to distribute or display any Submission in any media and on any website, app or platform, including on its social media pages. Contestants understand that users of these sites may share, comment on (including negatively) and re-post their Submissions during and after the Contest Period. When distributing or displaying any Submission, Sponsor also reserves the right to edit any poem for formatting, stylistic or other reasonable purpose, and to embed its logo, trademark or trade name in the Submission. Any requests by Contestants to have a Submission removed from consideration will be accommodated to the extent practically possible. Sponsor is not responsible for third party re-posting of Submissions. Posting of this/these Submission(s) will not mean that said Submissions is/are a winner.

    Selected Contestants will be notified by Facebook comment or message. Selected Contestants (or Contestant’s parent or legal guardian if Contestant is a minor) will be required to respond (as directed) within 72 hours of attempted notification. The failure to respond timely to the notification with the required information may result in forfeiture of the prize; and, in such case, Sponsor may choose the next highest scoring Submission from among the remaining eligible submissions. Only three (3) alternate Selected Contestants may be determined, after which the applicable prize will remain unawarded. Selected Contestants (or Contestant’s parent or legal guardian if Contestant is a minor) may be required to sign and return a Declaration of Eligibility and Liability/Publicity Release ("Declaration") within 72 hours of receipt of the Declaration. Failure to timely return a signed Declaration or other required documents or the return of any prize notification as undeliverable will result in prize forfeiture. Assumed notification does not constitute a winner.

    Selected Contestants’ full names, hometown, country, photograph, Facebook profile information and Submission may be announced and posted on Sponsor’s website(s), social media pages, apps and publications, in Sponsor’s discretion
    7. PRIZES: If eligible under these Official Rules, up to five (5) Selected Contestants will be awarded the following prize: one (1) 2-lb. bag of JELLY BELLY Belly Flops. Approximate Retail Value (“ARV”): $9.99. Total ARV: $ 49.95. Selected Contestants are solely responsible for any other unspecified expenses and taxes related to prize. All activities related to the prize are at the Selected Contestants’ own risk. Selected Contestants are not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, transfer, or cash redemption of prize, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. In the event of noncompliance with the foregoing requirements or if prize notification is returned as undeliverable, prize will be forfeited and, at Sponsor’s discretion, an alternate Selected Contestant will be selected. Prizes will be delivered by U.S. Mail or carrier (i.e., FEDEX, UPS), within Sponsor’s sole discretion, to the address provided by the Contestant (or Contestant’s parent or legal guardian if Contestant is a minor). Sponsor is not responsible for lost, misdirected or undelivered Prizes. One prize per household.
    8. LICENSE: As a condition of receiving any prize, all Contestants (or Contestant’s parent or legal guardian if Contestant is a minor) hereby grants Sponsor a One Hundred Eighty (180) day exclusive, royalty-free, irrevocable, worldwide license to use, reproduce, distribute, publicly display, and create derivative works from, the Submission to Sponsor after which time, Sponsor shall retain a royalty-free, non-exclusive, irrevocable, worldwide license to use the submitted poem in any and all media throughout the world, for any purpose, without any additional compensation, the term of which shall be the entire life of the copyright. Unless prohibited by law, should any Contestant be unwilling or otherwise unable to enter into a license, or provide permissions and or releases or otherwise cannot accept or receive the prize for any reason, Contestants with the next highest score will be chosen from the remaining entries until one who is able to meet all requirements can be selected (up to three). Contestants may not resell, assign or transfer any of their rights in their Submissions under these Official Rules.
    9. CONDITIONS. Contest is subject to these Official Rules. By participating, Contestants agree (or Contestant’s parent or legal guardian if Contestant is a minor): (i) to be bound by these complete Official Rules and the decisions of Sponsor which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules, except where prohibited by law. By accepting a prize, Selected Contestant (or Contestant’s parent or legal guardian if Contestant is a minor) agrees to release Contest Entities and Facebook, including their parent, subsidiary and affiliated entities together with the respective directors, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Contest (collectively, the “Releasees”) from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of prize or participation in any prize-related activities. Releases shall not be liable for: (i) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (ii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses or damages of any kind, including death caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (iv) any printing, typographical, administrative or technological errors in any materials associated with the Contest. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest. Sponsor reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 50 entries, or receive no entries that have a judged score above 60 points, or due to circumstances beyond its control, including natural disasters. Submissions will not be returned and may be destroyed. The internal laws of the State of California will govern disputes regarding these Official Rules and this Contest. All cases and claims pertaining to this Contest must be brought in a court of competent jurisdiction in the State of California.

    Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Contest. Sponsor may prohibit an entrant from participating in the Contest or winning prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Contest in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Contestants, or any Sponsor representatives. Use of automated entry devices or programs is prohibited. Any attempts to access the site or enter the Contest via a bot script, device or brute-force attack will result in disqualification. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and will result in disqualification from participation in the Contest. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
    10. PUBLICITY. Sponsor reserves the right to use the Submissions to the Contest for publicity purposes prior to, during, or after the Contest end date, in any media, and to use the full name, hometown, likeness, voice, photograph and online profile information, of any Contestant, throughout the world, in perpetuity, without any compensation or prior review unless specifically prohibited by law.
    11. WAIVER OF JURY TRIAL. Except as prohibited by applicable law and as a condition of participating in this Contest, each Contestant (or contestant’s parent or legal guardian if contestant is a minor) hereby irrevocably and perpetually waives any right s/he may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this contest, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby.
    12. PRIVACY. All personal information collected by Sponsor will be used for administration of the Contest. In addition, entrants shall receive email correspondence from, or on behalf of Sponsor, via electronic communication. This information will not be sold to third party vendors not affiliated with Sponsor. All personal information will be held on servers located in the United States. Sponsor will use reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in any email communications received. Any questions regarding privacy matters should be directed to: www.jellybelly.com/privacy-policy.
    13. OFFICIAL RULES and WINNERS LIST. For a copy of these Official Rules or of the winner(s), send your request in a self-addressed, stamped envelope (WA and VT residents need not affix return postage) to: The Bad Poetry Contest, Jelly Belly Candy Company, One Jelly Belly Lane, Fairfield, CA 94533. Request must be received within 90 days following the end of the Contest.

    © 2015 Jelly Belly Candy Company. All rights reserved. JELLY BELLY and BELLY FLOPS are trademarks of the Jelly Belly Candy Company.

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