this might explain something.
i bought 2 of these for my kids on December 1st. At the time, nearly every place was out of them. Best Buy had them on sale but nearly every store was out of stock. I had to drive a hour away to get them. they have Android 4.0.4.
then they were nearly impossible to get for a couple weeks. Amazon was out.
then they started showing up again in Best Buys, just in time for xmas. It was obviously a new shipment. My mother in law got one literally 2 days before xmas. It has Jellybean.
it appears the latest shipment that arrived just before xmas has jellybean.