BURGER KING®
THE PINK PANTHER 2 GAME ("Game")
OFFICIAL RULES
- NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE.
The BURGER KING® PINK PANTHER 2 Game is referred to as the "Game"
in these Official Rules. The Game is sponsored by Burger King
Corporation ("Sponsor"). The Game will begin at
12:00:01 a.m. EST on February 2, 2009, and is scheduled to end at
11:59:59 p.m. EST on March 3, 2009 ("Promotional Period").
The Game is subject to all federal, state and local laws and regulations
and is void where prohibited by law.
- 1. ELIGIBILITY. The Game is open only to legal residents of the
fifty (50) United States and the District of Columbia who are eighteen (18) years
of age or older at the time of entry. If the entrant is a minor (under the age of
majority in his/her state of residence), a parent or legal guardian must, on
behalf of the minor, agree to be bound by these Official Rules. If an eligible
minor entrant is a prize winner, his/her parent or legal guardian must accept
the prize awarded and execute all required documents on his/her behalf.
The Game is not open to persons who on or after July 1, 2008, were or are in
the employment of Sponsor or its licensors and prize providers or any of their
respective franchisees, licensors, licensees, affiliates or subsidiaries,
distributors, Game material suppliers, promotion or media partners,
printer(s) of Game materials or advertising, promotion or other coordinating
agencies involved in this Game or the immediate family members (biological or
step-parent, grandparent, child, sibling or spouse of any of the foregoing),
regardless of where they live, or household members of any of the above,
whether related or not.
- 2. HOW TO OBTAIN GAME CODES.
A. IN RESTAURANTS.
Beginning at the time participating stores open on February 2, 2009, purchase
the item listed below at a participating BURGER KING® restaurant and receive
a code on the packaging, while supplies last.
Get One (1) Game Code on specially marked BK™ Fresh Apple Fries packages.
B. WITHOUT PURCHASE.
Legal residents of the fifty (50) United States and the District of Columbia who
are eighteen (18) years of age or older may get three (3) free
online Game Codes on www.clubbk.com per
person/email address per day. The Game Codes can be used to play the Game.
Participants will go to www.clubbk.com and
click on the link to the Game. On the Game site, participants will be required
to enter their date of birth. Once participants are verified as eligible to play,
they will be required to register by completing the form as indicated. Returning
participants can enter the Game using their email address and password established during
registration. After completing the registration form, follow on-screen prompts
to play the Game. Three (3) free codes are available via a link on the code entry page.
Limit three (3) free Game codes per person/email address per day.
- 3. HOW TO PLAY. Visit www.clubbk.com
and click on the link to the Game. On the Game site, participants will be required
to enter their date of birth prior to registering. Once participants are verified
as eligible to play, they will be required to register by completing the form as
indicated. Returning participants can enter the Game using their email address and
password established during registration. Limit one (1) registration per
person/email address. After completing all required fields on the registration
form or entering using email address and password, follow on-screen prompts to
enter the 7-digit Game Code found on the BK™ Fresh Apple Fries packages or a
free code obtained online and begin Game play. If the word "WINNER!"
and a prize description appear, you are the winner of the Daily Prize, subject to
verification. If the word "Sorry" and a non-winning message appear, you
did not win the Daily Prize. Limit three (3) total Game Plays per person/email
address per day, regardless of the method through which you obtained the Game Codes.
- 4. PRIZES. Thirty (30) diamond and pink sapphire necklaces.
Prize includes a pendant that features a half-carat, white diamond center
surrounded by small pink sapphires. Pendant is on an 18-inch, 14k white gold
chain. The approximate retail value (ARV) of each Prize is $3,500. Total
ARV of all Prizes is $105,000.
- 5. WINNER SELECTION. Thirty (30) diamond and pink sapphire
necklaces (each a "Daily Prize") are available, one for each day of the
Promotion Period. One (1) randomly selected time ("Winning Time") will be
selected for each day of the Promotion Period. The Winning Time of Game Play will
determine whether a participant is a potential winner in the Game. The first person
to play the Game at the Winning Time or after will win the Daily Prize, subject to
verification. The Winning Times and Daily Prizes will be randomly seeded throughout
each day during the Promotion Period by a computer program. The odds of winning a
Daily Prize depend on whether a Game Play falls at the daily Winning Time or is the
first Game Play after the Winning Time for each day of the Promotion Period. Limit
three (3) Game Plays per day of the Promotion Period per person/email address.
Limit one (1) Daily Prize per person/email address.
- 6. HOW TO REDEEM PRIZES. Sponsor will attempt to contact potential
Winners by email or phone within forty-eight (48) hours of a winning Game Play.
Potential Winners and their parent/legal guardian if potential winner is a minor
in his/her state of residence (under 19 in AL and NE) are required to sign and
return the Affidavit of Eligibility and Liability/Publicity Release (except where
prohibited) in order to claim Prize within five (5) days of the date these documents
are emailed to Winner. Failure to provide all required information and signature(s)
on the Affidavit of Eligibility and Liability/Publicity Release may result in
forfeiture of rights to be declared a Prize Winner and/or receive Prize. Should this
occur, the Prize will become null and void and will not be awarded. Winners will be
issued a 1099 tax form for the retail value of the prize.
Winners (or parent or legal guardian if Winner is a minor in his/her state
of residence) shall be solely responsible for all applicable federal, state and/or
local taxes, and the reporting consequences thereof, and for any other fees or
costs associated with the applicable prize, if any.
Winners (or parent or legal guardian) are advised to seek independent counsel
regarding tax implications of their Prize Winnings. Sponsor reserves the right to
substitute a prize of equal or greater value if advertised prize is unavailable.
Prizes are not transferable, assignable or redeemable for cash. In the event
there is a dispute as to the identity of an online Winner, the winning online
Game Play will be deemed made by the person listed in the registration information.
Prizes are awarded as-is and without warranty of any kind, implied or express.
- 7. GENERAL TERMS AND CONDITIONS. By participating in the Game,
entrant agrees to be bound by these Official Rules and by the decisions of the
judges, which shall be final and binding in all respects. The Prize Winners, by
accepting the Prize, agree to forever and irrevocably release, defend, indemnify
and hold harmless the Sponsor, its licensors and prize providers, their
respective franchisees, licensors, licensees, distributors and dealers, each of
their respective affiliates, subsidiaries, media partners, prize providers, printer
or suppliers of Game materials and advertising, promotion and other coordinating
agencies and service providers involved in this promotion, including, but not
limited to, Wunderman L.L.C., and all of their respective officers, directors,
employees, shareholders, successors and assigns ("Promotional Parties")
from any and all claims, injuries, death, damages, including any direct and any
indirect, incidental, consequential, special, punitive or exemplary damages of
any kind, even if the Promotional Parties have been advised of the possibility
of such loss or damages, judgments, demands, lawsuits, causes of action, costs,
expenses or losses and/or liabilities of any nature that in any way relates to,
results from or arises from (a) the Game or any activity or element thereof; (b)
entrant's participation or inability to participate in the Game; (c) the Prize and
any component thereof, and the acceptance, possession, delivery of, receipt,
defects in, use, misuse or inability to use any Prize; (d) unauthorized human
intervention in the Game; (e) printing errors in the Official Rules, Game Codes
and any promotional materials in connection with the Game; (f) defects on Game Codes;
(g) errors in the administration of the Game or the verification of Game Codes;
(h) injury or damage to persons or property that may be caused, directly or indirectly,
in whole or in part, by entrant's participation in the Game or receipt of any Prize;
(i) technical, hardware, software, telephone or other communication malfunctions that
may limit one's ability to play the Game; (j) the violation of any third-party privacy,
personal publicity or proprietary rights; (k) any lost/delayed data transmissions,
omissions, interruptions, defects and/or any other errors or malfunctions;
(l) any late, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted,
destroyed, incomplete, undeliverable or damaged Game Plays or registrations;
(m) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element
thereof); or (n) the collection, use and/or sharing of entrants' personally
identifiable information by Sponsor or its designees. ANY ATTEMPT BY ANY PERSON
TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME
IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. If the Game is
terminated in whole or in part before the designated end date, Sponsor will select
winners in a random drawing from among all eligible, non-suspect registration
information received as of the date of the event giving rise to the termination
and will post notification of the cancellation at
www.clubbk.com. Sponsor's liability for
inaccurate or false Prize Winner notification messages resulting from error or
any other cause that is not caused by participant's fraud is limited to one
additional Game Play while supplies last. In no event will Sponsor and/or Promotional
Parties be responsible or liable for any damages or losses of any kind, including, but not
limited to, direct, incidental, consequential or punitive damages arising out of or in
connection with access to and/or use of the Website or play of the Game. Some jurisdictions
may not allow limitations of the exclusions of liability for incidental or consequential
damages; therefore, some of the aforementioned limitations or exclusions may not apply,
depending on place of residence.
- 8. OTHER CONDITIONS. Game materials are automatically void if
counterfeited, mutilated, forged, altered or tampered with in any way; if illegible;
if mechanically reproduced; if obtained outside authorized legitimate channels; if
they contain printing, production, typographical, mechanical or other errors; or if
they are rendered inoperable due to any type of malfunction, whether technological
or otherwise. All official Game Plays are subject to verification by Wunderman,
L.L.C., an independent judging organization, before any Prize is awarded.
Decisions of the judging organization are final, binding and conclusive in all matters.
ANY PERSON ATTEMPTING TO FORGE GAME MATERIALS OR TO DEFRAUD SPONSOR IN ANY WAY
IN CONNECTION WITH THIS GAME MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
Participant assumes all risk of loss or damage to or destruction of official Game Codes.
No more than the intended number of prizes as outlined in these Official Rules will
be awarded in the Game. If, for any reason, more valid Prize claims are received
than there are Prizes as listed in these Official Rules, the intended number of Prizes
will be awarded through a random drawing from among all registered participants who
submitted a prize claim. By accepting any Prize, winner consents to the use of
his/her name, likeness, voice and/or biographical information for advertising and
promotional purposes without additional compensation, except where prohibited by law.
In the event there is a discrepancy or inconsistency between disclosures and other
statements contained in any Game materials or Website and the terms and conditions
of these Official Rules, these Official Rules shall prevail, govern and control.
Prizes pictured in point of sale, television, print advertising, promotional
materials and other Game materials are for illustrative purposes only.
Actual Prizes may vary from Prizes pictured.
- 9. WINNERS LIST. For a list of Winners, mail a self-addressed,
stamped #10 envelope to: The BURGER KING® Pink Panther 2 Game Winners List,
P.O. Box 324, Lombard, IL 60148-0324. Requests must be received by March 3, 2009.
Winners Lists will be sent when the Game is over and prizes are awarded.
- 10. DISPUTES. Subject to applicable law, participants agree that
any and all disputes, claims and causes of action arising out of or connected
with the Game or any prize awarded shall be resolved individually, without resort
to any form of class action, and exclusively by the appropriate court located in
the state of Florida. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, participants'
rights and obligations or the rights and obligations of the Sponsor in connection
with the Game shall be governed by and construed in accordance with the laws of
the state of Florida, without giving effect to any choice-of-law or conflict-of-law
rules (whether of the state of Florida or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than the state
of Florida.
- 11. FORCE MAJEURE. If for any reason the Game cannot be conducted
as planned by reason of tampering, unauthorized intervention, fraud, errors or
technical failures, or any other causes beyond the control of Sponsor which, in
the sole opinion of Sponsor, corrupt or affect the administration, security,
fairness, integrity or proper conduct of this Game, the Sponsor reserves the right,
in its sole discretion, to cancel, terminate, modify or suspend this Game.
- 12. PRIVACY. All information collected by Sponsor in connection
with the Game will be subject to Sponsor's Privacy Policy available at
www.clubbk.com/Legal/PrivacyPolicy.aspx.
Sponsor: Burger King Corporation, 5505 Blue Lagoon Drive, Miami, FL 33126.
