Magical Veggie Challenge

OPEN ONLY TO INDIVIDUAL LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER LOCATED IN THE ELIGIBILITY AREA AT THE TIME OF ENTRY. VOID ELSEWHERE AND WHERE PROHIBITED BY LAW. NO PURCHASE NECESSARY. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

ELIGIBILITY: Open only to individuals who are legal residents of the 50 United States and the District of Columbia 18 years of age or older. (see Rule 3 below). The following individuals are not eligible: employees, contractors, directors and officers of Bush Brothers & Company, and each of their respective parent, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest collectively, ("Contest Parties"), and the immediate family members (spouse, parent, child, sibling and spouse or "step" of each) and those living in the same households of each. The Contest is not open to any Entrant who is unavailable to suspend his/her daily routine to attend or reasonably participate in the following as a result of winning: (a) Media training and Promotional activities, (including being filmed and conducting media interviews as scheduled by the Contest Entities); and (b) Travel to New York, NY (exact dates to be determined by Sponsor and are subject to change).

By participating, Entrants agree to these Official Rules and to the decisions of the Judges, whose decisions are final and binding in all respects. All applicable federal, state and local laws and regulations apply. AS A CONDITION OF ENTRY, ALL ENTRANTS MUST REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES AND THE SITE TERMS AND CONDITIONS PRIOR TO SUBMITTING AN ENTRY. Entrants agree to complete a background questionnaire and to undergo a background investigation and sign all necessary releases, consents and authorizations in connection therewith and to sign any additional documentation Sponsor may require in connection with the Contest and/or to effectuate the rights granted in the Grant of Rights/Release.

TO ENTER: Create a video that is less than 60 seconds in length. Refer to Rules 3 and 4 below for more details regarding the requirements for Entrant videos. To enter your video in the Contest, log on to www.BeanChant.com ("Web site") between 12:00:01 p.m. ET on September 11, 2008 and 11:59:59 a.m. ET on December 12, 2008 ("Contest Entry Period"), click on the "Submit Your Video" link and follow the entry process. You must complete both of the following steps: 1. First, click on the "Upload Your Video" link and follow the instructions to register. You will be asked to provide your contact information. Submissions that do not include all required information and adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest. 2. Second, after you have registered you must upload your final, edited video (your "Submission". To upload, click on the "Submit Your Video" link and enter the requested information. You will be asked to provide the name of your Submission along with a description. Finish by clicking the "Upload Video" button.
Sponsors are not responsible for Entrant's failure to timely or fully complete each step of the registration process. Registration must be completed by 11:59:59 a.m. ET on December 12, 2008 or your Submission will not be entered into the Contest. Entries may also be mailed in. You must provide correct contact information, the name of your Submission and enclose your Submission in DVD video format only. You must mail your Submission with proper postage to [Magical Veggie Challenge, C/O Votigo, Inc., 5515 Doyle St, Suite 12, Emeryville, CA 94608] for consideration. Mail in entries must be postmarked by December 12, 2008 and received by December 19, 2008 to be considered.
You may enter up to Five (5) Submissions as long as the same (or substantially similar) Submission is not uploaded more than once. IMPORTANT: Be sure to save your Submission in the original format after uploading it to the Web site. If you are a winner, you will need to provide Sponsor with your Submission in its original format if needed.

CONDITIONS OF ENTRY: As conditions of entry into this Contest, and by uploading and entering a Submission, Entrant warrants and represents that the Submission (a) is original and has been legally created by Entrant, (b) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (c) has not been entered in or won previous contests or awards; and (d) has not been published or distributed previously in any media. Entrant represents that he/she owns all rights to his/her Submission, including, without limitation, the copyrights in the recording and the performance contained therein. Entrant further represents and warrants that the Entrant has obtained permission from each person whose name, image, likeness or voice ("Likeness") is included in the Submission, and that such person(s) have granted Entrant all necessary rights to use the person's Likeness as described in these rules, and that Entrant can provide such permissions to the Sponsor upon request. If the Likeness of a minor is included, such grant of rights must include permission from the minor's parent or legal guardian authorizing the use of the minor's likeness on behalf of the minor. By choosing the "I Accept" button, you accept that you agree to all of these terms and conditions. A waiver will be available for download on www.BeanChant.com. All entrants must complete this waiver for themselves and for all participants in the video. Entrants must be able to present this signed waiver at any time per the request of the Sponsor. Any entrant that does not have the completed waiver may be disqualified.
By uploading a Submission, Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional 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 (without limitation as to when or to the number of times used), the Entrant's 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 Entrant's name, likeness, photograph (collectively, "Likeness"), and/or statements regarding his/her participation in this Contest (with or without using the Entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the submission, and agrees not to sue or assert any claim against the Sponsor for the use of the Submission or Entrant's Likeness or statements. Entrant agrees to indemnify and hold Sponsor, its agencies and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Indemnities"), 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 the Indemnities due to or arising out of the Entrant's Submission, or the Entrant's conduct in creating a 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. Entrant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant's rights with regard to any elements, characters or ideas contained in any submission.

SUBMISSION FORMAT AND CONTENT REQUIREMENTS:
Creative Assignment:
For years, children have recited the schoolyard chant, "Beans, beans the magical fruit, the more you eat, the more you toot. The more you toot, the better you feel. So eat your beans with every meal!" But something is amiss in the lyrics. Beans are a vegetable, not a fruit! The Vegetable with More® campaign needs America to finally right this musical wrong!

WHAT: Rewrite the classic chant "Beans, beans the magical fruit..." and videotape yourself performing your original lyrics. Simply start your chant with, "Beans, Beans" and then let your rhyming skills flow. Remember you must somewhere in your lyrics convey that beans are a vegetable or veggie.

WHO: Take your place in history and enter the Magical Veggie Challenge by submitting video entries beginning with "Beans, beans" and conveying within that beans are a vegetable or veggie. Gather your friends, family or colleagues and upload your creative video to www.BeanChant.com

WHEN: Enter starting on September 11, 2008. Challenge ends December 12, 2008, so HURRY!

WHERE: Visit www.Beanchant.com to fill out the submission form and upload your video. It's that simple.

WHY: While three out of four adults recognize the classic bean chant, less than half of Americans correctly identify beans as a vegetable. Additionally, almost every family struggles to get their kids to eat their vegetables but many moms are missing an easy solution - beans!

WHAT YOU CAN WIN: The best video of the bunch will be awarded $5,000 and a trip for four to perform the winning chant at an event in Times Square in New York City hosted by Drew Lachey.

HOW TO ENTER Rules:
An entry may be submitted as long as it begins with the phrase "Beans, beans..." and within the chant conveys that beans are a vegetable or veggie. Entrants have complete creative control and may be as creative, funny, silly or serious as they would like to be. Just remember this is a schoolyard chant, so keep it clean (no foul language or obscenities permitted).

Impress the judges with original ideas to win the Grand Prize. A few bean benefits have been provided below for inspiration. Entrants may consider including any of these bean benefits in their chant.

Bean benefits include:

• Beans¹ have more protein and fiber than any other vegetable
• The majority of kids say they like beans*
• Beans are convenient, easy to use and delicious
• Beans are highly adaptable with other ingredients so you can use them in a wide variety of recipes
• Beans are available in more than 30 different varieties such as Pinto, Black, Kidney and Garbanzo

It's not as hard as it sounds! Following is a sample of rewritten lyrics to get your creative juices flowing. Your own chant can be longer, shorter or somewhere in between...just show us what you got:

Beans, beans the veggie with more
The more you eat, the more you adore
Beans are loaded with protein and fiber
and they're as versatile as MacGyver!

Judging Criteria: The judging criteria used to determine the five (5) Semifinalists is as follows:
(#1) Originality of lyrics (50%)
(#2) Visual creativity (20%)
(#3) Adeptly referencing beans and their benefits (15%)
(#4) Friends/family involvement (15%)

Technical Requirements: The maximum file size for any video file uploaded is 100 MB. Video file(s) submitted must be provided in one of the following file formats: AVI, MPEG, RM, MOV, MP4, FLV, OGG, MKV, M4V, 3GP.

Additional Requirements: The video must not exceed 60 seconds in length, including any tags, and must be primarily in English. Once a video is completed and submitted, that Submission is final and may not be modified or edited. No Submissions will be returned. The person named as the registered owner will be associated with the Submission and named on the Contest Registration form. The Submission must match and that person will be deemed the entrant ("Entrant"). In the event of dispute regarding the identity of an Entrant, dispute will be resolved in favor of the individual who is the "authorized e-mail account holder" of the e-mail address provided on the submission form. "Authorized e-mail 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 on a Submission, they are required to designate in a writing signed by all members of the group prior to the Submission one (1) representative to enter the Contest and accept the prize on behalf of the group, if more than four people participate, the registered owner will select three participants to accompany him/her at the winner event. Neither Sponsor nor any of the Contest Parties are liable for any disputes between collaborators related to a Submission. Please note the following:

• Submissions may not contain or refer to any brand names associated with foods or beverages.
• Submissions may not contain or refer to any alcoholic beverages.
• Submissions may not contain or refer to any illegal activity.
• Any elements in your Submission, including without limitation music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials used must be 1) entirely original, created and performed by you, 2) be in the public domain. Use of any elements, including without limitation music, audio, speech/voiceovers, video, stills, visuals, or other materials that are not original, in the public domain, or downloaded may result in disqualification of Submission, in Sponsor's sole discretion.
• All Submissions will be reviewed before being published or judged; however, publication of a Submission does not mean the Submission has been deemed to be in compliance with these rules. Submissions that do not comply with the Terms of Use or these Official Rules or that otherwise contain prohibited or inappropriate content or language as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for a prize. Bush Brothers & Company also reserves the right to take legal action or request a video be removed if posted on an inappropriate Web site or contains inappropriate language, determined by the sponsor, in its sole discretion.

SELECTION OF WINNERS: Round 1: Submissions will be judged by a qualified panel of judges ("Judges") who will evaluate each eligible Submission based on the judging criteria (defined in Rule 4 above), and the top five (5) entries will be designated as the Semifinalists. Limit one (1) Semifinalist entry per person. Round 1 judging will be completed on/about December 26, 2008. In the event of a tie, the tie will be broken based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed to break the tie. Round 2: The five (5) Semifinalists submissions will be revealed on the Web site on/about December 27, 2008. The Semifinalists Submissions will be posted for the public to vote on their favorite at www.BeanChant.com on/about December 29, 2008 at 12:00:01 p.m. ET and ending on January 23, 2009 at 11:59:59 a.m. ET ("Voting Period"). Limit one (1) vote per person per day. A "Day" is defined as the 24 hours between 12:00:01 a.m. ET and 11:59:59 p.m. ET throughout the Voting Period. Each voter must register to vote and complete the registration form. At the close of the Voting Period, the Submission that receives the most votes will be declared the Grand Prize winner [75% of consumers' votes and 25% of Bush Brothers & Company's votes (with celebrity Drew Lachey's input) will decide the winner]. The Submissions with the next four highest vote totals will be declared the Runners-Up. In the unlikely event that public voting results in a tie, Bush Brothers & Company will declare the winner. All Semifinalists and Grand Prize winners are subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion of all required documents (described below). Entrants agree and comply with a background check for semifinalists consideration. Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding.

PRIZES:
ONE (1) GRAND PRIZE: $5,000 cash. A trip to New York, NY for four (4) people to attend the winner event in Times Square hosted by the celebrity spokesperson on a date designated by Sponsor. Airfare (from the airport closest to winner's home that has direct flights to a major New York City area airport) and accommodations (double occupancy) will be provided for two (2) nights. All expenses not listed are the responsibility of winner and guests. Guests under 18 must be the child or ward of the winner. (Approximate Retail Value: $8,000). The Grand Prize will be awarded as check payable to the winner and registered owner as described above. Limit one prize per person. TOTAL ARV OF ALL PRIZES IN CONTEST IS: $13,000.00. If the winner is unable to attend the winner event as determined by Sponsor on or about February 18, 2009, the winner will forfeit the Grand Prize and it will be awarded to the first runner-up. The winner will be required to participate in one media training session via phone and will be required to appear/be available for any national TV, Radio or newspaper interviews.

GENERAL CONDITIONS: Potential Semifinalists will be required to irrevocably assign and transfer to Sponsor any and all rights, title and interest in his/her Submission, including, without limitation, all copyrights, and agree to waive all moral rights in that Submission. Semifinalists will be required to complete, sign and return an Affidavit of Eligibility, Liability Release, Copyright Assignment and, where lawful, a Publicity Release. Semifinalists will also be required to obtain signed publicity releases from all identifiable individuals featured in Semifinalists chosen Submission. All completed documents must be returned to Sponsor within five (5) days of date notice was sent or at Sponsor's discretion Semifinalist status will be forfeited and an alternate Semifinalist may be selected. Notification of Semifinalists or Winners status must be kept confidential until their Submissions are publicly revealed by Sponsor. The Grand Prize winner may also be required to sign additional documents, as deemed necessary by Sponsor in its sole discretion. Guests will be required to sign liability and publicity releases in order to participate in the trip. Grand Prize Winners are solely responsible for any taxes on their respective prizes, and will receive an IRS Form 1099 for the value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are nontransferable. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor; (b) violating the Official Rules; (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require a grand prize winner to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion.

LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an e-mail account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web site. Use of Web site is at user's own risk. Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person's Computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases Sponsor and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsor and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize. Sponsor and Contest Parties are not liable in the event that any portion of the Contest or scheduled winner event is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event"). Should a Force Majeure Event occur, Sponsor may, but is not obligated to, exercise commercially reasonable efforts to make a reasonable substitution in its sole discretion.

Winner List: For a list of the Grand Prize winner and five (5) Semifinalists, visit www.BeanChant.com or send a self-addressed, stamped, #10 envelope to: Katie Scott at Edelman, 200 East Randolph Drive, Chicago, IL, 60601. Requests must be received by March 15, 2009.

Sponsor: Bush Brothers & Company, 1016 East Weisgarber Road, Knoxville, TN, 37909.

* Impulse Research, 2007 on behalf of the makers of Bush's® Beans
1 And legumes. Source: USDA Food and Nutrient Database for Dietary Studies (2.0) based on combined grams of fiber and protein for Reference Amount Customarily Consumed.