1. Eligibility: The BK® Game System
Giveaway Sweepstakes (the “Sweepstakes”) is open only to legal residents
of the 48 continental United States (or the District of Columbia) who are 13 years
of age or older at the time of entry. Employees
and non-employee workers of Burger King Corporation, Merkle Inc., and their
respective parent companies, agents and those prize providers and agencies that
are involved in the development or execution of this Sweepstakes or any of its
materials, and the immediate family (spouse, parents, siblings, and children)
and household members of each such person are not eligible. You must either have or create a BK.com account
(“Account”) before participating.
Further, to enter via the method described in Section 5(a) below, you
must either have or download the Burger King® App before
participating. The Sweepstakes is
subject to all applicable federal, state, and local laws and regulations and is
void in Alaska and Hawaii and where prohibited by law.
2. Sponsor: Burger King
Corporation, 5707 Blue Lagoon Drive, Miami, FL 33126.
Administrator: Merkle Inc., 3000 Town
Center, Suite 2100, Southfield, MI 48075.
3. Agreement
to Official Rules: By participating in
the Sweepstakes, entrant fully and unconditionally agrees to and accepts these
Official Rules and the decisions of the Sponsor and Administrator, which are
final and binding in all matters related to the Sweepstakes.
4. Promotion Period: The Sweepstakes begins at 12:00 a.m.
Eastern Time ("ET"), February 8, 2021 and ends at 11:59 p.m. ET, February
22, 2021 (the "Promotion Period"). Sponsor’s computer is the official
time-keeping device for this Sweepstakes.
5. How to
Enter: You must have a Burger
King® App or BK.com account (“Account”) to participate. The App is only available through Apple and
Android devices. Entrants should check their device’s features to see if they
have that capability and check the device manual for specific use instructions.
Account registration on the App and BK.com is free.
There are 3 ways to participate
in this Sweepstakes, if you are eligible:
a.
Purchase The Super
Mario™ Meal Through the Burger King® App: During the Promotion
Period, if you do not yet have the free Burger King® App (the
“App”), using your mobile device, download the App from Google Play or the App
Store. Then register or log in to your
Account and be sure your information is accurate and up to date as it may be
used for prize notification and/or fulfillment if you are a winner. Log into the App, navigate to the Super Mario
Meal offer tile for this Sweepstakes, and follow the links and instructions to
purchase the Super Mario™ Meal (consists
of Whopper® sandwich, small fries and small soft drink)(“Qualifying
Purchase”). You will receive 1 entry
into the Sweepstakes. You will only
receive 1 entry per day, regardless of the number of Qualifying Purchases you
make.
b.
Purchase The Super Mario™ Meal at BK.com:
During the Promotion Period, visit BK.com.
If you do not have an account on BK.com, sign up, or log into your
Account, navigate to the tile for this Sweepstakes, and follow the links and
instructions to make a Qualifying Purchase. You will receive 1 entry into the Sweepstakes. You will only receive 1 entry per day,
regardless of the number of Qualifying Purchases you make.
c.
Free Online Method of Play: During the Promotion Period, you may enter
without making a purchase or using the App.
Once you log into your Account, locate the Official Rules and navigate
to this section (5.c. “Free Online Method of Play”). Then CLICK HERE and you will receive 1 entry into the Sweepstakes. You will only receive 1 entry per day.
Limit: Regardless of
method of entry, 1 Sweepstakes entry per person per day during the Promotion
Period.
Restrictions: Entrants are not
permitted to share the same email address or Account. Any attempt by any entrant
to obtain or use more than the permitted number of entries by using
multiple/different email addresses, identities, Accounts, devices, registrations
or logins, or any other methods will void that entrant’s entries and that entrant
may be disqualified. Any use of any type of robotic, repetitive, automatic,
programmed or similar entry methods or agents (including, but not limited to,
sweepstakes entry services) will void all entries by that entrant and that
entrant may be disqualified. In the event of a dispute as to any entry, the
authorized account holder of the email address associated with the Account used
to participate will be deemed to be the entrant. The "authorized account
holder" is the natural person assigned an email address by an Internet
access provider, online service provider or other organization responsible for
assigning email addresses for the domain associated with the submitted address.
6. Drawings: Administrator is an independent judging
organization whose decisions as to the selection of the potential winners are
final and binding. On or about March 10, 2021, Administrator
will select the names of the potential winners in a random drawing of all
eligible entries received during the Promotion Period. The potential winners will be notified by email. The odds of winning a prize depend on the number of eligible
entries received during the Promotion Period.
7. Requirements
of Potential Winners:
Potential winners must continue to comply with the Official Rules. Winning is contingent upon fulfilling all
requirements. Each potential winner (or
parent/legal guardian if winner is a minor in his/her state of residence) will
be required to provide the Administrator a mailing address (no P.O. Boxes) and
date of birth for prize fulfillment purposes within 5 days of the date notice
or attempted notice is sent, in order to claim his/her prize and to fulfill any
such other requirements as determined by Administrator. Potential winners may
be required to provide government issued ID, to prove identity and/or show
proof of being authorized account holders. If a potential prize winner (or his/her
parent/legal guardian) fails to provide the requested information in the
required time period, he/she may be disqualified and will forfeit the prize. In
the event that a potential winner cannot be contacted, forfeits the prize or is
disqualified for any reason, Administrator will select an alternate potential winner
in a random drawing from among all remaining eligible entries, up to 3 alternates.
If the alternate potential winners are disqualified, the applicable prize will
not be awarded. Prizes will be fulfilled
approximately 10 to 12 weeks after the conclusion of winner confirmation.
8. Prizes: 25 GRAND PRIZES: A Nintendo Switch™ Prize Pack. Each Prize Pack consists of a Nintendo Switch™ game system ($299.99 MSRP per
unit) and digital download code for Super Mario™ 3D World + Bowser’s Fury ($59.99 MSRP per
unit). Total ARV per prize pack: $359.98
For All Prizes: All prize details will be determined by
Sponsor in its sole discretion. The
actual value of electronic prizes 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 or fulfilled. No
substitution, exchange or transfer of prize by any winner. Sponsor reserves the right to substitute any
prize for one of equal or greater value. Each winner is responsible for all
taxes and fees associated with prize receipt and/or use. Limit: 1 prize per person. Total ARV of all prizes: $8,999.50.
9. Publicity: Except where prohibited, participation
in the Sweepstakes constitutes entrant’s consent for Sponsor and its designees
to use entrant’s name, likeness, prize information, city and state of residence
for promotional purposes in any media without further consideration.
10. General
Conditions: In the event that the
operation, security, or administration of the Sweepstakes is impaired in any
way for any reason, including, but, not limited to, fraud, outbreak of
widespread illness, pandemic, or other similar occurrence, virus or other
technical problem, the Sponsor may, in its sole discretion, either: (a) suspend
the Sweepstakes to address the impairment and then resume the Sweepstakes in a
manner that best conforms to the spirit of these Official Rules; or (b) cancel
the Sweepstakes and, in its discretion, award the prizes in a random drawing
from among all eligible entries received up to the time of the impairment. The
Sponsor reserves the right in its sole discretion to disqualify any individual it
finds to be manipulating or tampering with the entry process or the operation
of the Sweepstakes, attempting to undermine the fair play of the promotion, acting
in violation of the Official Rules of this or any other promotion, or in an
unsportsmanlike or disruptive manner. Any attempt by any person to undermine
the legitimate operation of the Sweepstakes may be a violation of criminal and
civil law, and, should such an attempt be made, the Sponsor reserves the right
to seek damages from any such person to the fullest extent permitted by law.
The Sponsor's failure to enforce any term of these Official Rules shall not
constitute a waiver of that provision.
11. Release and
Limitations of Liability: Except where
prohibited, by participating in the Sweepstakes, entrants agree to release and
hold harmless Burger
King Corporation, Merkle Inc., Nintendo of America, Inc., and their respective
parents, promotional partners, agents and agencies, and the officers, directors
and employees of them (the “Released Parties”) 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 Sweepstakes; (b) technical errors related to computers,
servers, providers, printers or telephone or network lines; (c) printing errors
or human error; (d) errors in the administration of the Sweepstakes or the
processing of entries; (e) late, lost, or undeliverable mail or prizes; (f)
incomplete entries; or (g) injury or damage to persons or property which may be
caused, directly or indirectly, in whole or in part, from entrant’s
participation in the Sweepstakes or receipt of any prize. Entrant further agrees that in any cause of action,
the Released Parties’ liability will be limited to the
cost of entering and participating in the Sweepstakes and
in no event shall the Released Parties be liable for attorney’s fees. Entrant waives
the right to claim any damages whatsoever, including, but not limited to,
punitive, consequential, direct, or indirect damages. If, for any reason, an entrant’s entry is
confirmed to have been erroneously deleted, lost, or otherwise destroyed or
corrupted, entrant’s sole remedy is another Sweepstakes entry, if it is
possible. If the Sweepstakes, or any
part of it, is discontinued for any reason, Sponsor, in its sole discretion,
may elect to hold a random drawing from among all eligible entries received up
to the date of discontinuance for any prize offered herein. No more than the stated number of prizes will
be awarded. In the event that
production, technical, seeding, programming or any other reasons cause more
than the stated number of prizes as set forth herein to be available and/or
claimed, Sponsor reserves the right to award only the stated number of prizes
by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Entrant agrees that: (a) any and all
disputes, claims and causes of action arising out of or connected with this
Sweepstakes or any prizes awarded shall be resolved individually, without
resort to any form of class action, and exclusively by the United States
District Court for the Eastern District of Michigan (Southern Division) or the
appropriate Michigan State Court located in Oakland County, Michigan; and (b)
any and all claims, judgments and awards shall be limited to actual
out-of-pocket costs incurred, including costs associated with entering any
Sweepstakes, but in no event attorneys' fees. All issues and questions
concerning the construction, validity, interpretation and enforceability of
these Official Rules, or the rights and obligations of the entrant and Sponsor
in connection with the Sweepstakes, shall be governed by, and construed in
accordance with, the laws of the State of Michigan, without giving effect to
any choice of law or conflict of law rules (whether of the State of Michigan or
any other jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Michigan.
13. Entrant's
Personal Information:
Information collected from entrants is subject to the Sponsor’s Privacy Policy https://www.bk.com/privacy.
14. Winner List: For a winner list, visit https://bit.ly/2NfeJcE.
The winner list will be posted after winner confirmation is complete.
NINTENDO
IS NOT A SPONSOR, CO-SPONSOR OR ADMINISTRATOR OF THIS SWEEPSTAKES.