NO PURCHASE OR PAYMENT ARE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Many will play, few will win. The BURGER KING® Nintendo Wii U Instant Win Game starts 10:00 a.m. ET on 10/22/2012 & ends 11:59 p.m. ET on 12/2/2012. Open only to legal residents of the 50 U.S. & DC, who are 13 years of age or older as of date of entry. Prizes (490): A Wii U Game Console (ARV: $299.99).  Odds of winning depend on the date and time of participation. To claim prize, winners who made a purchase must submit original receipt with their code. For Official Rules and to enter, please see rules at participating restaurants or visit BK.com. Void where prohibited. Sponsored by Burger King Corporation, 5505 Blue Lagoon Drive, Miami, FL 33126.

 

THE BURGER KING® WII U INSTANT WIN GAME

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT ARE NECESSARY TO ENTER OR WIN THIS INSTANT WIN GAME. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

THIS INSTANT WIN GAME IS VOID WHERE PROHIBITED BY LAW.  PARTICIPANTS MUST BE 13 YEARS OF AGE OR OLDER.

 

Playing constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and judges, which shall be final and binding on all matters relating to the Instant Win Game.

1. Instant Win Game Period: The BURGER KING® Wii U Instant Win Game (the “IWG”) begins 10:00 a.m. Eastern Time (“ET”) on October 22, 2012 and ends 11:59 p.m. ET on December 2, 2012 (the “IWG Period”). The Administrator’s clock is the official “timekeeper” of this IWG.

2. Eligibility: The IWG is open only to legal residents of the 50 United States and the District of Columbia, who, as of date of entry, are 13 years of age or older. Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who from and after October 22, 2012 were or are employees or agents of Burger King Corporation (the “Sponsor”), Nintendo of America Inc., or each of their respective parent companies, subsidiaries, affiliates, franchisees, licensees, officers, governors, owners, distributors, retailers, advertising/promotion agencies, including, but not limited to, Don Jagoda Associates, Inc. (the “Administrator”) (collectively, “Released Parties”); (b) persons who are engaged in the development, production or distribution of materials for this IWG; and (c) persons who are immediate family members (spouses, parents, children, and siblings and their spouses) of or who reside in the same household as any person in either of the preceding categories (whether related or not). The IWG is void where prohibited by law. All federal, state, and local laws and regulations apply.

3. How To Play: To play, you must first obtain a Code. You can obtain a Code by visiting a participating BURGER KING® restaurant within the 50 United States or the District of Columbia during the IWG Period and placing an order. The Code will be the combination of the store number and date and time of purchase on your receipt.  You must retain your receipt to play and/or  claim a prize.  To obtain a Code via e-mail without making a purchase, visit the Website and click where indicated to request a Code. Once you have a Code, visit BK.com (the “Website”) during the IWG Period. The first time you play, you must provide your date of birth and complete the registration form. After you have registered (or upon a subsequent login), follow the instructions to submit your Code and play the game (“game play”).  You will receive an onscreen message notifying you whether or not you are a potential winner of a prize, subject to verification. You are not a winner of any prize until, and unless, your eligibility and game play is confirmed. Potential winners will be required to follow the procedures listed in #5 below in order to claim prize. Limit one (1) Code per person/e-mail address per day during the IWG Period. Limit one (1) game play per person per day, regardless of the method in which the Code was obtained to play, during the IWG Period. More than the specified number of game plays from any person or e-mail address will void all game plays from that person or e-mail address, use of computer programs and other automatic means to participate is prohibited. Game plays generated by script or bot are not eligible. The use of script, macro or automated devices (or any other devices intended to automate or subvert any aspect of participation) to play is prohibited. If Administrator, in its sole discretion, determines that an entrant has used an automated or similar means to play/participate or is otherwise in violation of these Official Rules, all game plays and prize claims from that entrant and e-mail address will be void. Normal Internet access and usage charges imposed by your online service provider will apply. All eligible game plays must be received by 11:59 p.m. ET on December 2, 2012.

4. Winner Selection: Four hundred ninety (490) random, computer-generated winning times will be generated during the IWG Period. A computer algorithm will spread the four hundred ninety (490) random times over the forty-two (42) day IWG Period. Many will play, few will win. If you are the first participant to play exactly at, or immediately after, one (1) of the predetermined randomly generated times, you will be notified onscreen that you are a potential winner of a prize.  

5. How To Claim A Prize: Potential winners who used a Code obtained from a receipt and received a winning onscreen message will be required to print and complete a prize claim form and mail it, along with the original receipt with the Code, to: BURGER KING® Wii U IWG Winner, P.O. Box 7847, Melville, NY 11775-7847. Potential winners who used a Code obtained via e-mail will be required to print and complete a prize claim form and mail it to the address above. If potential winner does not have access to a printer, he/she may hand print his/her first name, last name, mailing address (no P.O. Boxes, please), city, state, zip code, date of birth, e-mail address used to register on Website and telephone number, on a 3”x 5” paper and mail the paper, along with the original receipt with the Code (if applicable) to the address above. All mailed prize claim forms and receipts (if applicable) must be postmarked by December 20, 2012 and received by January 4, 2013 to be eligible to receive a prize or prize may be forfeited. It is recommended that you make a photocopy of the prize claim form and receipt (if applicable) for your records before mailing it. Proof of mailing does not constitute proof of receipt. If the Code on the receipt mailed along with the prize claim form does not match the Code used for winning game play, then prize may be forfeited. If potential winner does not mail the receipt with Code used to obtain winning onscreen message (if applicable) along with prize claim form, then prize may be forfeited. If any potential prize winner is a minor in his/her state of residence, his/her parent/legal guardian must complete the prize claim form on his/her behalf and mail it along with his/her receipt (if applicable) to the address indicated above. Prizes will be sent to winners via mail within 6-8 weeks after the winner verification process is complete. Unclaimed prizes will not be awarded.

6. Prizes, Approximate Retail Value (“ARV”) and Approximate Odds of Winning: Four Hundred and Ninety (490) Nintendo Wii U Game Consoles. The ARV of each prize is $299.99. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners must have valid U.S. mailing addresses. Prizes cannot be shipped to P.O. Boxes or outside the U.S. The ARV of the prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded.  If the actual purchase price of the prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference.  Winners (or his/her parent/legal guardian if winner is a minor in his/her state of residence) are responsible for all federal, state and local taxes and any sales tax and all other costs and expenses associated with prize not specified herein as being awarded. No substitution or cash equivalent permitted by winners. Sponsor reserves the right, at its sole discretion, to substitute the prize with one of comparable or greater value. The odds of winning a prize depend on the date and time of participation. If winner is a minor in his/her state of residence, prize will be awarded to his/her parent or legal guardian. Acceptance of prize constitutes permission for the Sponsor to use winners’ names and/or likenesses for purposes of advertising and trade without further compensation, unless prohibited by law. Return of any prize as undeliverable will result in disqualification. Limit one (1) prize per person/household during the IWG Period. Prizes may not be assigned or transferred by winner. 

7. Verification: All potential winners are subject to verification by Sponsor or Administrator, whose verification of potential winners is final and binding in all matters related to the IWG. A participant is not a winner of any prize, even if the Website should so indicate, unless and until participant’s eligibility, and the potential winner status, have been verified and participant has been notified that verification is complete. Sponsor and Administrator will not accept any Website screen shots or other evidence of winning in lieu of its validation process. Any game play that occurs after the system has failed for any reason, or the IWG Period has ended, in Sponsor’s and Administrator’s sole discretion, is deemed a defective game play and is void and will not be honored. All material submitted becomes the sole property of the Sponsor and will not be returned. If, due to an error of any kind, more winning names are determined as winners, or more prizes are claimed than are intended to be awarded according to Rule #6, only the stated number of prizes will be awarded in a random drawing from among all verified prize claims received. In no event will the Sponsor be obligated to award more than the stated number of prizes. The Sponsor and its agencies are not responsible for any injury or damage to participants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the IWG.

8.  General Rules: By participating in the IWG, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Administrator. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any IWG materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. The Released Parties are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in any of the Websites or the IWG or by any human error which may occur in the processing of the game plays in the IWG or for any liability for damage to any computer system resulting from participation in, accessing, downloading or uploading information in connection with any of the Websites or IWG. Neither Sponsor nor Administrator are responsible for the failure of any e-mail or game play to be received by Sponsor/Administrator on account of technical problems or congestion on the Internet or at any website. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the game play/entry process or the operation of the IWG or the Website, violates the Official Rules, acts in an unsportsmanlike or disruptive manner, or otherwise acts with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the IWG or any of the Websites may be in a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and/or injunction from any such person to the fullest extent permitted by law, including attorneys’ fees and costs. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the IWG is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the IWG or any of the Websites, then the Sponsor reserves the right at its sole discretion to cancel the IWG and select the winners from among all eligible game plays received prior to cancellation. The IWG is in no way sponsored, co-sponsored, or administered by Nintendo of America Inc.

9. Release and Limitations of Liability: By entering, entrants agree to release and hold the Released Parties harmless from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the IWG; (b) technical errors; (c) printing errors; (d) late or undelivered mail; (e) errors in the administration of the IWG; or (f) injury or damage to persons or property. You waive the right to claim any attorney’s fees, costs and any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

10. Privacy Policy: Any personal information that entrants submit will be subject to Sponsor’s privacy policy. Sponsor may use the information entrants submit to offer them information on other offers or products or services. For a copy of Sponsor’s privacy policy please go to http://www.bk.com/en/us/company-info/legal/privacy-policy.html, write to Attention: Burger King Corporation, Guest Relations Program at 5505 Blue Lagoon Drive, Miami, Florida 33126, or dial 866-394-2493.

11. Disputes: Entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the IWG or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Florida. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the IWG, shall be governed by, and construed in accordance with, the laws of Florida, without giving effect to any choice of law or conflict of law rules (whether of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Florida.

12. Winners: The winners’ names will be posted on BK.com on or after January 20, 2013 for a period of at least 30 days.

13. Sponsor/Administrator: The Sponsor of the IWG is Burger King Corporation, 5505 Blue Lagoon Drive, Miami, FL 33126. The Administrator of the IWG is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.