Hostess Bee Funny Contest Official Rules

NO PURCHASE NECESSARY.
PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

1.  ELIGIBILITY: Hostess® Bee Funny Contest ("Contest")  is open only to individuals who are living within, and are legal residents of, the 50 United States or the District of Columbia, and who are at least 18 years of age (or the age of majority in their state of residence, whichever is greater) as of the date of entry.  The following individuals are not eligible to enter or win: officers, directors, and employees of IBC Sales Corporation (“Sponsor"), and each of its respective subsidiary and affiliated companies; their distributors, contractors, web design, advertising, fulfillment, judging and Contest agencies and other individuals or entities involved in the administration, development, fulfillment and execution of this Contest (collectively, "Sponsor & Others") and all of their immediate family members (spouse, parent, child, sibling and/or  the household members of each). This Contest is intended solely for viewing and participation in the United States and shall be construed and evaluated solely under United States federal, state and local laws.  Do not enter the Contest website if you are not located in the 50 United States or the District of Columbia.  

2. CONTEST OVERVIEW: Participants compete to fill in the blanks with the appropriate words to create the "funniest and most creative" winning script and video presentation according to the instructions and judging criteria stated below.  No participant is allowed to submit more than one script and video presentation. Contest is limited to one entry per household.  NOTE: Please be aware that your video may be displayed on the Internet.

3. HOW TO ENTER AND PARTICIPATE: Contest entry period starts 3/3/08 at 12:00:00 A.M. PT and ends 4/30/08 at 11:59:59 P.M. PT Go to www.hostessbeefunny.com Click "Enter the Contest." Then: (a) you must select one (1) of four (4) predetermined "fill in the blank" scripts; (b) register to enter by providing all of the requested information; and (c) you must  insert the appropriate words in English as directed, e.g., noun, verb, etc., including the names of at least two Hostess products in the script. After you have completed the above steps, you will receive an e-mail that will provide you with your script ID and a copy of your finished script. You must then create a video of you, your friends and/or your family members delivering your script; and, follow the instructions contained in the e-mail to upload your final, edited video which must be in either .AVI, .MOV, .MPG, or .WMV format and must not exceed two minutes in length ("Contest Submission"). NOTE:  Before uploading and submitting your Contest Submission, you must indicate your agreement that you have read, understood and agree to be bound by these Official Rules and that you have obtained all the necessary permissions and releases from all participants involved in the creation of the script and/or video, or if such participant(s) are minors in their state of residence, the permission of their parent or legal guardian. Remember: Once you have uploaded your Contest Submission, you may not change or edit it. IMPORTANT: Be sure to save your Contest Submission in the original format after uploading it because should Sponsor, in its sole discretion, decide to air the Contest Submission on TV or display it on the Internet, the Contest Winner will be required to provide Sponsor with his/her Contest Submission in its original form. Contest Submissions that do not include all required information and that do not strictly conform to all of the Contest's Official Rules and requirements will be considered void and disqualified and will not be judged.  You must complete all steps of the entry process or your Contest Submission will not be entered into the Contest. Sponsor & Others are not responsible for a participant's failure to properly complete each step of the entry process nor do they have responsibility or liability for any video submission that is corrupt or otherwise non-functioning.  Contest Submissions must be properly completed and uploaded on the www.HostessBeeFunny.com site no later than 4/30/08 at 11:59:59 P.M. PT. Any Contest Submission not properly completed and uploaded by 4/30/08 at 11:59:59 P.M. PT will be void and disqualified from entry into the Contest. Contest Submissions become the property of Sponsor and will not be returned.

4.  CONTEST SUBMISSION REQUIREMENTS: A Contest Submission must be, as more fully described in Rule 5 below, your original creation in its entirety, not infringe or in any way violate any third party's intellectual property rights, and one in which you transfer and assign all rights and title to Sponsor.  Additionally, the Contest Submission: must be in English; the maximum file size may not exceed 1 MB; must be in either AVI, .MOV, .MPG or .WMV format; no larger than 320x240 pixels and must not exceed two minutes in length.  No competitive or other products may be mentioned, shown, depicted, referenced or otherwise alluded to in your Contest Submission.  A Contest Submission may not contain any obscene, lewd, violent, offensive or otherwise inappropriate language, behavior, slogans, political, personal and/or religious statements, or in any way reflect negatively upon the Sponsor or its products as determined by the Sponsor in its sole discretion.  Any elements that you use in your Contest Submission, including but not limited to music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials (collectively, "Elements") must be entirely original, created and performed by you or be in the public domain. Additionally, any individual other than yourself ("Third Party") participating in the creation of the script and/or the video must either be at least 18 years of age/or the age of majority or if the Third Party is a minor, then that Third Party's parent/legal guardian must also participate in the creation of the script and/or the video. A Contest Submission may not include the voice or image of, nor contain references to, any person other than those individuals participating in the creation of the script and/or video who has provided the oral release described above. See Rule 5 for additional requirements and restrictions.  Contest Submissions will be posted on www.HostessBeeFunny.com within approximately 48 hours after receipt by Sponsor; however, Sponsor reserves the right not to post and to disqualify from the Contest any Contest Submission, without notification to the Submitter (as defined in 7 below),  that it or its representatives determine, in their sole discretion, does not comply with these Official Rules.

5. SELECTION OF WINNERS / JUDGING CRITERIA/ ODDS OF WINNING: The selection of the funniest and most creative Contest Submissions will be determined in the following manner according to the below stated criteria: (A) ROUND ONE: After a preliminary but not determinative review by Sponsor's independent representatives (“Round One Judges”) of a Contest Submission's compliance with these Official Rules, Round One Judges will evaluate the Contest Submissions, inclusive of script and delivery of script in video, as follows: (a) Funniness – 50%; and (b) Creativity – 50%. Contest Submissions that receive a score of between 76% and 100% will be assigned a "4 Bee" rating; Contest Submissions that receive a score of between 51% and 75% will be assigned a "3 Bee" rating; Contest Submissions that receive a score of between 26% and 50% will be assigned a "2 Bee" rating; and Contest Submissions that receive a score of between 0% and 25% will be assigned a "1 Bee " rating. The top twenty (20) "4 Bee" rating Contest Submissions will advance from Round One to Round Two; (B) ROUND TWO: A second panel of Sponsor’s independent representatives who have not participated in Round One judging (“Round Two Judges”) will review and rank the twenty (20) "4 Bee" rating Contest Submissions that have advanced from Round One to Round Two. If there is a tie in Round One resulting in more than twenty (20) Contest Submissions with a "4 Bee" rating, Round One Judges will re-judge the tied Contest Submissions using the above criteria to select the twenty (20) Contest Submissions that will advance to and be judged and ranked in Round Two. In the event that the re-judging still results in a tie, the tie will be broken by an independent Sponsor representative not previously involved in the Round One judging. In the event that there are fewer than twenty (20) "4 Bee" rating Contest Submissions to be judged and ranked in Round Two, then the requisite number of "3 Bee" rating Contest Submission will be included for Round Two judging and ranking. In Round Two, the Round Two Judges will judge and rank each of the above described twenty (20) Contest Submissions and assign each a ranking from 1 (most funny and creative) to 20 (least funny and creative) based on the same criteria as in Round One.  The Submitter of the highest ranked Contest Submission will be deemed to be the potential Grand Prize Winner. The two (2) Submitters of the next two highest ranked Contest Submissions will be deemed to be the potential First Prize Winners; the two (2) Submitters of the next two highest ranked Contest Submissions will be deemed to be the potential Second Prize Winners; the two (2) Submitters of the next two highest ranked Contest Submissions will be deemed to be the potential Third Prize Winners; and the two (2) Submitters of the next two highest ranked Contest Submissions will be deemed to be the potential Fourth Prize Winners. In the event of a tie, the Round Two Judges will re-judge and re-rank the Contest Submissions. NOTE: Notwithstanding the above, Sponsor reserves the right in its sole discretion to disqualify a potential winning Contest Submission selected by the Round Two Judges and designate a different Contest Submission as the potential winning Contest Submission, if in Sponsor's sole discretion and judgment, the Contest Submission selected by the Round Two Judges is inconsistent with or does not properly represent Sponsor's and/or Sponsor's product(s) brand images. Potential winners will be notified on or about 5/31/08 by phone and/or mail. All potential winning Contest Submissions are subject to verification and their submitters must sign and return all documents as described in Rule 9 below and any other documents that may be reasonably requested by Sponsor.  All submitters agree that Sponsor has the sole right to decide all matters and disputes arising from this Contest and that its decisions shall be final and binding in all matters pertaining to this Contest. 

6.  PRIZES:  Grand Prize (1): The Grand Prize Winner will receive a 4 day/3 night  summer vacation for four (4) to New York City consisting of round trip coach airfare from the major airport closest to Winner's residence (as determined by Sponsor in its sole discretion) to New York City; ground transfers from airport to hotel, 4 days/3 nights lodging accommodations at Embassy Suites® (standard suite/quadruple occupancy); Hostess "Product Prize Package" as selected by Sponsor; pre-set tour of Statue of Liberty, Empire State Building, and Central Park Zoo; and Two Thousand Dollars ($2,000) spending money.  (Approximate Retail Value (ARV): $5,600). In the event that the actual value of the Trip is less than Five Thousand Six Hundred Dollars ($5,600), the Grand Prize Winner is not entitled to the difference between the actual value of the Trip and the approximate retail value stated above. [If the Grand Prize Winner is a resident of New York City, in lieu of the trip to New York City, s/he will receive a comparable trip, in value, to another destination as selected by Sponsor.  Grand Prize must be utilized either between 6/1/08 and 8/31/08.. Grand Prize Winner's travel companions may not be a minor in their state of residence unless Grand Prize Winner is their parent, legal guardian or spouse. Grand Prize Winner and travel companions must travel on same itinerary and possess required travel documents. NOTE:  Selection of Grand Prize Winner's Contest Submission neither obligates Sponsor nor guarantees that Sponsor will produce, televise, broadcast or in any other manner use said Contest Submission, in whole or in part, or any excerpt or portion thereof, as submitted or as modified or edited by Sponsor.  Sponsor has no responsibility for Grand Prize Winner's inability to utilize Prize. First Prize (2):  Each First Prize Winner will receive an HP Pavilion dv8000z Entertainment Notebook PC (ARV: $1,200).  Second Prize (2): Each Second Prize Winner will receive a Sony® - Handycam® High-Definition Camcorder Model: HDR-SR5 SKU: 8346159. (ARV:  $900). Third Prize (2): Each Third Prize Winner will receive a TiVo® Digital Video Recorder (ARV: $300). Fourth Prize (2): Each Fourth Prize Winner will receive an Adobe® Premiere Elements™ Software package (ARV: $100). Total ARV of Grand Prize – Fourth Prizes: $13,200. Limit One (1) prize per Submitter. NOTE: Sponsor reserves the right to require a potential Grand, First or Second Prize Winner to submit to a confidential background check to help assure that the use of such Submitter, his/her name, and/or likeness in any advertising or publicity in conjunction with the Contest or Sponsor & Others will not cause embarrassment or reflect unfavorably on Sponsor & Others as determined by Sponsor in its sole discretion. All costs and expenses associated with any Prize that are not expressly provided for herein, including but not limited to federal, state, and local taxes; meals, beverages, insurance, souvenirs, personal expenses, product warranties, insurance, etc. are the sole responsibility of the respective Winner. Prizes are not redeemable for cash; nor are they transferable or substitutable except by Sponsor with one of equal or greater value. Each potential Winner must sign and return the required documents as stated in Rule 9 below or his/her Prize will be forfeited. Additionally, each potential Grand, First or Second Prize Winner must provide his/her Social Security Number and will receive a Form 1099 in the amount of the approximate retail value of his/her prize, as required by law for income tax reporting purposes

7.  REPRESENTATIONS & WARRANTIES BY SUBMITTERS: Each individual who registers, uploads and enters a Contest Submission ("Submitter"), represents and warrants s/he has the legal capacity to enter this Contest, that the Contest Submission is original and has been legally created by him/her; does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party. Additionally, each Submitter represents and warrants that s/he owns all rights and title to his/her Contest Submission, including, without limitation, the copyrights and all other intellectual property rights in the Contest Submission. By uploading a Contest Submission, a Submitter irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, unlimited and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse the Submitter's Contest Submission, including, but not limited to, the recording and the performances contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion), as well as to use (or not use) Submitter's name, likeness, photograph, and/or statements ("Bio Information") regarding his/her participation in this Contest in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from Submitter or any other party. EACH SUBMITTER UNDERSTANDS AND ACKNOWLEDGES THAT SUBMITTER WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OTHER THAN THE PRIZES STATED HEREIN FOR HIS/HER CONTEST SUBMISSION IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS. Each Submitter waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude Sponsor’s use of his/her Contest Submission and agrees not to sue or assert any claim against Sponsor & Others arising out of or connected to the use of the Contest Submission or Submitter's Bio Information. Each Submitter further agrees to indemnify and hold Sponsor & Others harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of them due to or arising out of the Submitter's Contest Submission, or the Submitter's conduct in creating a Contest Submission or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individual's right of publicity or right of privacy; or defamation. Each Submitter further agrees to release and hold harmless Sponsor & Others from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Submitter's rights with regard to any Elements, characters or ideas contained in any Contest Submission. Although all Contest Submissions will be reviewed by Sponsor before being judged, posted or published; the posting or publication of a Contest Submission does not mean the Contest Submission has been deemed to be in compliance with these Official Rules. Contest Submissions that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by Sponsor in its sole discretion will be disqualified and, if posted on any websites related to this Contest, removed there from. 

8. INTERNET & LIMITATIONS OF LIABILITY: Sponsor & Others are not responsible for interrupted or unavailable network server, internet access or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected Contest Submissions or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, inability to upload or download any information in connection with participating in the Contest, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Contest. Sponsor & Others are not liable for any Internet connectivity costs, dial-up access costs or upload fees. Sponsoris not responsible for illegible, unintelligible, late, lost or stolen Contest Submissions, entries or incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest promotion or by any technical or human errors which may occur in the processing of any Contest Submissions in this Contest.  Persons found tampering with, abusing any aspect of this Contest, violating these Official Rules, will be disqualified and may be subject to prosecution.  If in the judgment of Sponsor, the Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor, which corrupt or threaten to corrupt the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right, in its sole discretion to discontinue, suspend or terminate the Contest or to otherwise proceed with the Contest in any manner it deems reasonable.  Any personally identifiable information collected during your participation in this Contest promotion will be collected by Sponsor and used by them and their respective agents solely for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and will not be shared with any third party except as stated in Sponsor's Privacy Policy, posted at www.hostesscakes.com and as allowed by law.  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE INVOLVED IN THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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.  The individual named on the Contest Registration form for the Submission will be deemed the Submitter. In the event of dispute regarding the identity of a Submitter, the dispute will be resolved in favor of the individual who is the "authorized e-mail account holder" of the e-mail address provided when the Contest Submission was uploaded. "Authorized email account holder" is defined as the natural person assigned an e-mail address by an Internet access provider, online service provider, or other organization (i.e., business, education institution) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. If any group of individuals elects to collaborate ("Collaborators") on a Submission, they are required to designate one (1) individual to enter the Contest and be considered as the Submitter and to accept the prize on behalf of the Collaborators. No additional prizes will be granted to the Collaborators. Sponsor & Others shall not be liable for any disputes between the Collaborators related to a Contest Submission.

9.  AFFIDAVITS OF COMPLIANCE/ELIGIBILITY; PUBLICITY/LIABILITY RELEASES & OTHER REQUIRED DOCUMENTS: In addition to any other releases, oral or written provided to Sponsor, prior to being deemed a Winner, each potential Winner will be required to irrevocably assign and transfer to Sponsor any and all rights, title and interest in his/her respective Contest Submission, including, without limitation, all copyrights and all other intellectual property rights, and waive all moral rights in that Contest Submission. Additionally, s/he will be required to complete, sign and return a notarized Affidavit of Compliance/Eligibility, Publicity/Liability Release, as allowed by law; and all other documents as may be reasonably requested by Sponsor, in its sole discretion, including all properly and validly signed releases by Third Parties appearing in potential Winner's Contest Submission. All completed documents must be returned to Sponsor within the time period stated in the letter of notification of being selected as a potential Winner or s/he will forfeit such selection and an alternate potential Winner may be selected.

10. GENERAL RELEASE:  Sponsor & Others are not responsible, whether directly or indirectly, for any liability in connection with any injuries, damages or losses of any kind, whether to property or person, including death, arising out of the acceptance, enjoyment, use and/or misuse of any Prize and/or participation in this Contest, and they will be held harmless against any such claims of liability arising directly or indirectly from the acceptance or use/misuse of any prize, travel, overnight accommodations; and/or participation in Contest-related events, including activities that are not sponsored or provided by Sponsor.

11. GENERAL CONDITIONS: By entering this Contest, each Submitter agrees that s/he has read these Official Rules and that s/he will be bound by them.   ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR ANY PRIZES AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI (KANSAS CITY DIVISION) OR THE APPROPRIATE MISSOURI STATE COURT LOCATED IN JACKSON COUNTY, MISSOURI; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS GAME 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 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 APPLY TO YOU.  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 Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri. Contest void in Puerto Rico and where prohibited, taxed or restricted by law.  Sponsor shall not be responsible for illegible, damaged, lost, late, stolen, postage-due, incomplete, undelivered/undeliverable, misdirected or returned mail.  All federal, state and local laws apply.

12. WINNERS LIST: For a list of the Grand Prize – Fourth Prize Winners, send a self-addressed, stamped envelope before 5/31/08 to: HOSTESS BEE Funny Winners List, P.O. Box 7068, Cumberland, RI 02864.

Bee Movie ™ & © 2008 DreamWorks Animation L.L.C.

Sponsor:  IBC Sales Corporation, 12 East Armour Boulevard, Kansas City, MO 64111.

© 2008 IBC Sales Corporation.