Brigham's Ice Cream "Boston's Best" Flavor Naming Contest

Official Rules

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS PRIZE. THIS CONTEST IS OPEN TO LEGAL U.S. RESIDENTS OF THE STATES OF MA, ME, NH, VT, RI, CT WHO MEET THE ELIGIBILITY CRITERIA SET FORTH IN THESE OFFICIAL RULES.

1. Contest Description: Brigham's Ice Cream (Sponsor) will award one (1) Grand Prize to the one Contestant whose original ice cream flavor name is selected by the Judges as the best entry. Please see Judging and Criteria below for further information regarding the selection process.

2. Contest Term: The Brigham's Ice Cream “Boston's Best" Flavor Naming Contest (the Contest) begins on March 29, 2009, at 12:01a.m. Eastern Time and ends at 11:59 p.m. Eastern Time on May 15, 2009 (the Contest Term). All entries must be postmarked during the Contest Term.

3. Eligibility: No purchase or payment is necessary to enter or win this contest. This contest is only open to legal U.S. residents of Massachusetts, Maine, New Hampshire, Vermont, Rhode Island and Connecticut who are 21 years of age or older at the time of the contest entry. Submitted entries must be an original ice cream flavor name that evokes one of Boston's best characteristics and include the key ingredients that complement the flavor name. Contestants may not be employees of the Sponsor, or of its parent company, subsidiaries, affiliated companies, partners, advertising or promotion agencies or prize donors, nor may they be members of the immediate families of any of the foregoing, or persons living in their households.

4. Sponsor: Brigham's Ice Cream, Six Kimball Lane, Lynnfield MA 01940 is the Sponsor of this Contest.

5. How to Enter: Submit your entry by completing an Official “Boston's Best Flavor Naming Contest" entry form, which may be found in the March 29, 2009, Brigham's Ice Cream Sunday coupon insert or at a participating Brigham's Restaurant. Follow the instructions on the form to complete your entry. Entries must be received during the Contest Term (each person successfully making an entry, a Contestant). Limit: one entry per person. Each submission must contain an original ice cream flavor name that evokes one of Boston's best characteristics and the key ingredients that complement the flavor name. Contestants can also enter by submitting the information above on a 3 by 5 inch card mailed to: Brigham's Flavor Naming Contest, PO Box 130250, St. Paul MN 55113-0003. Sponsor is not responsible for incomplete, lost, late, illegible, misdirected or incomplete entries.

6. Judging: All entries will be judged by an independent panel of judges (the Judges) on a 1-20 point scale based on each of the following criteria: 1) overall creativity of flavor name and ingredients, including relevance to contest theme, 2) uniqueness of flavor name and 3) appeal of flavor name. The one entrant with the highest score will be deemed the Grand Prize winner and the five next highest scores will be deemed the Runner-up winners. In case of ties, the entry with the highest score for overall creativity of flavor name and ingredients will prevail. The selection of the winning recipe shall be made in the Judges' sole and absolute discretion. All decisions of the Judges shall be final. Winners will be announced on or before July 15, 2009.

7. Prizes and Approximate Retail Value: The Grand Prize Winner (1) will receive a one-year supply of Brigham's Ice Cream. Prize will be awarded in the form of 52 coupons each redeemable for 1 free quart package of Brigham's Ice Cream (Approximate Retail Value: $259). Five (5) Honorable Mention Winners (with the Grand Prize Winner, collectively, the Winners) will receive a six-month supply of Brigham's Ice Cream. Prize will be awarded in the form of 26 coupons each redeemable for 1 free quart package of Brigham's Ice Cream (Approximate Retail Value: $130. No cash or other substitutions are permitted for the Grand Prize. If for any reason the Grand Prize Winner is unable to accept the Grand Prize as described above, no cash or other compensation will be paid and the contestant with the next highest score will be awarded the Grand Prize. Each Contestant preliminarily chosen as a Winner (each, a Potential Winner) will be required to execute and return the releases referred to under the rules of this Contest, including verification that such Contestant meets the eligibility requirements of this Contest. Any Potential Winner failing to execute and return required documents within 10 days of receipt will be disqualified and the Contestant with the next highest score will be selected.

8. General: By entering this Contest, each Contestant warrants that, with respect to his/her submitted flavor name: (a) the submitted flavor name does not infringe upon any copyrights or other intellectual property rights; (b) the Contestant has read, understood, and followed the Official Brigham's Ice Cream “Boston's Best" Flavor Naming Contest Rules; (c) the Contestant is eligible under these Contest Rules; (d) the submitted flavor name has not been entered into any other recipe contest; and/or (e) the submitted flavor name has not been previously trademarked. All Potential Winners and their entries may be subject to verification and investigation before being awarded any prizes. In the event not enough qualified entries are received, Sponsor is not responsible to award more prizes than entries received. Contestants agree to release and hold the Sponsor, its related companies, agencies, and all others associated with the development and execution of this Contest harmless from any and all liability with respect to or in any way arising from this Contest and/or the acceptance or use of prizes, including liability for personal injury, death, damages, and loss. By participating, all Contestants agree to the use of their names, their likenesses and recipes in advertising and publicity related to this Contest or to Sponsor's products or publications in all media including the Internet by Sponsor without additional payment/compensation, unless prohibited by law. Contestants must sign affidavits of eligibility. Sponsor reserves the right to edit, adapt, publish, and use any or all submitted flavor names in all media worldwide, without additional compensation, including without limitation, publishing on the Internet.

This Contest shall be governed by Massachusetts law. By participating in this Contest, entrants agree that (a) any and all disputed, claims and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action and Massachusetts courts shall have exclusive jurisdiction over any dispute or litigation arising from or relating to this Contest and that venue shall be only in Boston, Massachusetts; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys' fees; and (c) under no circumstances will entrants be permitted to obtain, and entrant hereby waives all rights to claim, 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.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT BE APPLICABLE TO EACH ENTRANT AND/OR WINNER.

Contestants who do not comply with these requirements will be disqualified. This recipe Contest is subject to all United States Federal, state, and local laws and is void where prohibited by law. All Winners are responsible for all applicable taxes on their prizes.

9. Limitation of Liability: The Sponsor is not responsible for any incorrect or inaccurate information associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of entries in the Contest. The Sponsor assumes no responsibility for any misdirected or lost entries, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or entry data. If, for any reason, the Contest is not capable of running as planned, including tampering, unauthorized intervention, fraud, or any other causes beyond the control of the Sponsor which affects the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.

Entrants agree that the Sponsor, its parent, subsidiaries and affiliated companies, prize suppliers, the Judges, participating retailers, advertising and promotion agencies, and their respective parent and affiliate companies, suppliers, printers, distributors, and the respective officers, managers, members, directors, employees, representatives and agents of each and any other person or entity related in any way to this Contest (collectively, the “Contest Entities") will have no liability whatsoever for, and shall be held harmless by entrants against, any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, participation in this promotion, or while traveling to, preparing for or participating in any Prize-related activity. The Contest Entities expressly disclaim any responsibility or liability for injury or loss to any person or property in connection with the delivery and/or subsequent use of the Prize, or any portion thereof, awarded.

10. Winners List: For a list of Winners, send a written request together with a self-addressed, stamped envelope to Sponsor at Winners List, Brigham's Ice Cream Flavor Naming Contest, Brigham's Ice Cream, Six Kimball Lane, Lynnfield MA 01940 by June 30, 2009.

11. Taxes: Winners are solely responsible for all applicable taxes associated with receipt of these prizes.

12. Change or Cancellation: Sponsor reserves the right to change the rules or cancel this offer at any time without further obligation or liability.

13. Copyright© 2009 Brigham's Ice Cream: All rights reserved. Brigham's Ice Cream and the associated logo are registered trademarks of HP Hood LLC. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.