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.
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.