VISA BURGER KING^® 2009 SWEEPSTAKES

OFFICIAL RULES

 

1. NO PURCHASE OR OBLIGATION NECESSARY TO PARTICIPATE, ENTER OR WIN.  NON-PURCHASE ENTRIES AND PURCHASE ENTRIES HAVE AN EQUAL CHANCE OF WINNING. 

 

2. ELIGIBILITY:  The Visa BURGER KING^® 2009 Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older as of January 5, 2009, and individuals who are legal residents of Canada (including the Province of Quebec) who are of the age of legal majority in their territory or province of residence. Commercial card eligibility is subject to employer policies regarding Sweepstakes participation. Void in Puerto Rico and where prohibited. Employees, directors and officers and their immediate families (spouse, parents, children, siblings and their respective spouses, regardless of where they reside) and their respective household members, whether or not related, of Visa Inc., Visa U.S.A. Inc. (“Sponsor”), Visa Canada Corporation, Visa International Service Association and their respective successors, affiliates and client financial institutions, Burger King Corporation, Burger King Restaurants of Canada, Inc., and their respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, participating BURGER KING® franchisees and Strobe Promotions, Inc., are not eligible to enter or win. Sweepstakes is subject to all applicable federal, state, local, provincial and municipal laws. Except where prohibited, in the event of a conflict, all legal actions or claims arising in connection with the Sweepstakes shall be brought in a court of jurisdiction in the state of California (U.S.).

 

3.  SWEEPSTAKES TIMING:  The Sweepstakes begins at 12:00:01 A.M. Pacific Time (“PT”) on January 5, 2009, and ends at 11:59:59 P.M. PT on March 4, 2009 (“Promotion Period”).

       

4. TO ENTER:  There are two (2) ways to enter the Sweepstakes during the Promotion Period:

1) automatic entry and 2) postal mail. (1) Automatic Entry: An eligible Visa cardholder will automatically receive one (1) Sweepstakes entry for each purchase made on his/her Visa card at a participating BURGER KING® restaurant in the U.S. or Canada during the Promotion Period. Sponsor’s computer system is the official timekeeping device for this Sweepstakes. Certain restrictions may apply. Only eligible Visa purchases made at participating BURGER KING® locations with a Visa card that is not in default under the customer agreement for that account and issued by a participating financial institution in the U.S. or Canada and processed through Visa Inc.’s transactionprocessing system during the Promotion Period are eligible for automatic entry. If you do not wish your transactions to be automatically entered into the Sweepstakes, email us at visaburgerking@strobepromo.com. In the event of a dispute as to who submitted a particular cardholder entry, such entry will be deemed to be submitted by the primary person in whose name the card used to enter the Sweepstakes was issued. Account adjustment transactions/returns, cash advances, balance transfers, Interlink®-processed transactions, purchases authorized by entering a personal identification number (PIN), payment of late fees or over-limit fees and Visa health and benefit cards are excluded from automatic entry. Visa cards or card numbers that are stolen, fraudulent, tampered with or otherwise altered are not eligible for automatic entry. Automatic entries must be made by 11:59:59 P.M. PT on March 4, 2009, in order to be eligible. (2) To enter without purchase or obligation by postal mail: You may enter the Sweepstakes without purchase via postal mail by hand-printing your name, address, city, state/province/territory, ZIP or postal code and daytime and evening telephone numbers (including area code) on a 3" X 5" card and mailing it in a #10 envelope with proper postage affixed to: Visa BURGER KING® 2009 Sweepstakes, P.O. Box 842, Bethpage, NY 11714-0842 USA. Each entry submitted via postal mail will count as one (1) Sweepstakes entry for a chance to win. Mail-in entries must be postmarked by March 4, 2009, and received by March 11, 2009, in order to be eligible. Enter as often as you wish; however, each mail-in entry must be mailed in a separate, postmarked, stamped envelope. Entries that are mechanically reproduced, copied, illegible, incomplete or inaccurate and entries by any means which subvert the entry process are void. Entries become the property of the Sponsor and will not be acknowledged or returned. 

 

5. DETERMINATION OF WINNERS::  Potential winners will be selected in a random drawing on or about 12:00 P.M. PT on March 25, 2009, by Strobe Promotions, Inc., the independent judging organization, in Hicksville, New York, from among all eligible automatic and mail-in entries received combined. Judges’ decisions are final and binding on matters relating to this Sweepstakes. Potential winners will be notified by overnight or postal mail and/or telephone on or about March 31, 2009. Potential winners will be required to sign an affidavit of eligibility/declaration of eligibility (for Canadian residents), a liability release and, where legal, a publicity release, and for U.S. residents, a federal and state tax release, and return these documents, properly executed, via overnight or postal mail. All potential winners will be required to execute and return such documents within fourteen (14) days of date of issuance of notification. Non-compliance within the above-stated time frame (as applicable per entrant’s place of residence) with these Official Rules, if Sponsor is unable to contact potential winner within a reasonable time period or the return of a prize or a prize notification as undeliverable will result in such potential winner being disqualified, and, at Sponsor’s discretion, prize will be awarded to a potential alternate winner. As a condition for receiving any prize, potential winners who are residents of Canada will be required to correctly answer (unaided) a time-limited mathematical skill-test question (administered by telephone or via declaration of eligibility form) without assistance or mechanical or electronic aid in order to receive a Grand Prize. If a selected Canadian potential winner cannot be reached within a reasonable time period or answers the question incorrectly and/or not within the time allotted as determined by Sponsor, he/she may be disqualified and, at Sponsor’s sole discretion, prize will be awarded to an alternate winner. Allow 6–8 weeks for delivery of prizes following completion of winner verification process.   

 

6. ODDS:  Estimated odds of winning a prize are 1:627,579; however, the actual odds of winning a prize depends upon the total number of eligible entries received.

 

7. PRIZE DESCRIPTION:  Fifty (50) Grand Prizes: A $1,000 Amazon.com (for U.S. winners) or Amazon.ca Gift Card (for Canadian winners). Retail Value: $1,000 USD/$1,000 CDN ea. Gift card prizes will be awarded in the currency of the winner’s domicile. Total Retail Value of all prizes: $50,000 USD/$50,000 CDN; however, the actual total retail value of all prizes depends upon the total number of U.S. winners and Canadian winners. All costs and expenses associated with prize acceptance and use not specifically stated within these Official Rules as being provided are the sole responsibility of the winners, including, without limitation, all federal, provincial, state and local taxes (including income and withholding taxes). Prize may not be transferred, redeemed for cash or substituted except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize with one of comparable or greater value at its sole discretion. Amazon Gift Cards must be redeemed through an Amazon.com Web site, http://www.amazon.com or http://www.amazon.ca, toward the purchase of eligible products. All terms and conditions related to Amazon.com/Amazon.ca Gift Card apply. Amazon.com or Amazon.ca Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any account. Amazon.com and/or Amazon.ca is not responsible if a Gift Card is lost, stolen, destroyed or used without permission. See www.amazon.com/gc-legal for complete terms, restrictions and exceptions. For any other questions, see www.amazon.com/gc. Issued and © 2009 by ACI Gift Cards, Inc., a Washington corporation. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person and per household. If a U.S. resident, winner must supply Administrator with his/her Social Security number for tax purposes, and winner will receive an IRS Form 1099 from the Administrator for the Approximate Retail Value (ARV) of a Grand Prize (stated above) for the calendar year won.

 

 

8. CONDITIONS OF PARTICIPATION:  By entering, entrants agree to be bound by these Official Rules, including all eligibility requirements. By accepting a prize, each winner consents to the use of his/her name, image, likeness, photograph, voice and biographical material for advertising, publicity and promotional purposes by Sponsor or a party designated by the Sponsor in any and all media now or hereafter devised, including but not limited to, any online announcements, worldwide in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Entrants release and hold harmless Visa Inc., Visa U.S.A. Inc., Visa Canada Corporation, Visa International Service Association and their respective successors, affiliates and client financial institutions, Burger King Corporation, Burger King Restaurants of Canada, Inc. and their respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, franchisees, prize suppliers, ACI Gift Cards, Inc., and its parent companies, affiliates, subsidiaries and any of their officers, directors, agents, employees or representatives, Strobe Promotions, Inc., and all of their respective employees, officers, directors and shareholders (collectively “Releasees”) from any and all claims, actions, injury, loss or damage of any kind, including but not limited to personal injury or death resulting from participating in this Sweepstakes or from the acceptance, possession, use or misuse of any prize awarded. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages; loss of data, income or profit; loss or damage to property; and claims of third parties. Entrants agree that Releasees have not made nor are in any manner responsible or liable for any warranty, representation or guarantee, statutory, express or implied (including but not limited to the implied warranties of merchantability, title and fitness for a particular purpose), in fact or in law, relative to the Sweepstakes. These terms provide specific legal rights. The provisions regarding implied warranties are void in some provinces where implied warranties are proscribed by law. For Quebec Residents Only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux du Quebec for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. Régie has the right to be contacted in the event of tampering, which could cause the Sponsor to shut down or otherwise revise the contest.   

 

9. GENERAL:  Sponsor will collect information from the entrant solely for the purpose of the prize drawing and to notify winners. Sponsor will not share this information with any third parties, except as necessary for the administration of the Sweepstakes or winner notification as applicable. Entrants agree that when entered (either automatically or by way of non-purchase entry) and if selected as a potential winner, it will be necessary for Sponsor to contact the selected entrant’s Visa card–issuing financial institution in the U.S. or Canada, as applicable, to verify that their Visa account is in good standing to enable the Sponsor to award the prize. No permanent records of any such potential information will be retained by such parties, except for the administration of the Sweepstakes. Releasees are not responsible for lost, late, illegible, misdirected, inaccurate, incomplete, delayed, garbled, postage-due or stolen mail, entries or transactions; or for transactions that are lost or misdirected or fail to enter into the processing system; or are processed, reported or transmitted late or incorrectly; or for any other errors or problems of any kind, whether typographical, printing, mechanical, human, electronic or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, any error or problem which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. Entry materials that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes at any time without notice, if in the judges’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes or if virus, bugs, nonauthorized human intervention or other causes corrupt or impair the administration, security, fairness, integrity or proper play of the Sweepstakes. In such event, Sponsor may void any entries it suspects are at issue and, at its discretion, if terminated, award prizes in a random drawing from among all non-suspect, eligible entries received up to the date of cancellation. Caution: Any attempt by an entrant or any other individual to undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws, and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law, including criminal prosecution. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate these Official Rules or interfere with this Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant’s eligibility to participate in the Sweepstakes and void all associated entries.   

 

10. DISPUTES:  Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of an entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the state of California, without giving effect to any choice-of-law or conflict-of-law rules (whether of the state of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the state of California. Jurisdiction and venue shall be solely within the state of California.

 

11. WINNERS LIST:  To obtain the names of the winners, available after May 30, 2009, mail a self-addressed stamped envelope by May 30, 2009, to: Visa BURGER KING® 2009 Winners, P.O. Box 913, Bethpage, NY 11714-0913 USA. Residents of Canada may omit return postage.  

 

12. SPONSOR & ADMINISTRATOR:  The Sponsor of this Sweepstakes is Visa U.S.A. Inc., P.O. Box 8999, San Francisco, CA 94128-8999 USA. The administrator of this Sweepstakes is Strobe Promotions, Inc., 535 S. Broadway, Suite 203, Hicksville, NY 11801 USA.