Rules &
regulations

this contest is open to canadian residents only and is GOVERNED by canadian law

Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.

The WHOPPER® Challenge (the “Contest”) is administered by BK Canada Services ULC. (the “Sponsor”). You understand that you are providing your information to the Sponsor. The information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Any questions, comments or complaints regarding the Contest must be directed to the Sponsor.

1. CONTEST PERIOD:

The Contest will run, starting Wednesday May 25, 2016 at 9:00 a.m. Eastern Time (“ET”) and run for 4 weeks, ending on Wednesday June 22 at 11:59:59 p.m. ET (a “Contest Period”).

2. ELIGIBILITY:

Contest is open to residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of the Sponsor, its parent companies, subsidiaries, affiliates, prize suppliers, franchisees, franchisor, advertising/promotion agencies and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”).

Entrants must be registered account users of the respective Social Platform ( as defined in Rule 3 below) and must agree to the respective Social Platform Rules (as defined in Rule 4 below).

3. FACEBOOK, TWITTER AND INSTAGRAM NOT INVOLVED:

The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram (each, a “Social Platform”). Each Social Platform is hereby completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to a Social Platform. You may only use one (1) Facebook Account or one (1) Twitter Account or one (1) Instagram Account (each, an “Account” and collectively the “Accounts”) to participate in this Contest. To be eligible to earn an Entry (each, an “Entry” and collectively, the “Entries”) in this Contest, your applicable Account must be set to public and not private.

4. HOW TO ENTER:

No purchase necessary.

The Contest will be posted on Burger King Canada’s official Facebook© (Burger King Canada), Twitter© (@BurgerKingCAN), and Instagram© (@burgerkingcan) accounts (the “Social Media Accounts”).

Facebook: To enter via Facebook, you must log-in to your Facebook Account and visit https://www.facebook.com/BurgerKingCanada/ (the “Fanpage”). Next, locate the Challenge post (the “Challenge”) that has been posted on the Fanpage by or on behalf of the Sponsor. After locating the Challenge, provide a reply to the Challenge on the Fanpage that: (i) includes a photo that depicts or otherwise reflects the Challenge; and (ii) includes #WhopperChallenge (the “Hashtag”). When all required steps of the entry process are complete, you will, subject to these rules, automatically be eligible to earn one (1) Entry in the Contest. There is a limit of one (1) Entry per person via this method of entry. Anyone found to be using multiple accounts to enter will be ineligible. Additional Entries can only be eligible if a different method of entry is used.

OR

Twitter: To enter via Twitter, you must log-in to your Twitter Account and post a tweet that: (i) includes a photo that depicts or otherwise reflects the Challenge; and (ii) includes the Hashtag. When all required steps of the entry process are complete, you will, subject to these rules, automatically be eligible to earn one (1) Entry in the Contest. There is a limit of one (1) Entry per person via this method of entry. Anyone found to be using multiple accounts to enter will be ineligible. Additional Entries can only be eligible if a different method of entry is used.

OR

Instagram: To enter via Instagram, you must log-in to your Instagram Account and post content that: (i) includes a photo that depicts or otherwise reflects the Challenge; and (ii) includes the Hashtag. When all required steps of the entry process are complete, you will, subject to these rules, automatically be eligible to earn one (1) Entry in the Contest. There is a limit of one (1) Entry per person via this method of entry. Anyone found to be using multiple accounts to enter will be ineligible. Additional Entries can only be eligible if a different method of entry is used.

To be eligible, all content and materials associated with your Entry (regardless of the method of entry) (collectively, the “Entry Materials”) must: (i) be submitted and received in accordance with these Rules; (ii) include all required components and materials noted above; (iii) reflect the Challenge; (iv) be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below; and (v) be in accordance with the applicable terms, rules, policies and guidelines of the applicable Social Platform (the “Social Platform Rules”) (all as determined by Sponsor in its sole and absolute discretion).

Although online access and a Twitter©, Facebook© or Instagram© account are required in order to participate, no purchase is necessary. Many public libraries, retail businesses and others offer free-access computers. Twitter, Facebook and Instagram also offer the general public free accounts.

5. LIMIT ON THE NUMBER OF FORM ENTRIES AND SPONSOR’S RIGHT TO VERIFY:

There is a limit of one (1) Entry per person per social media account to enter the Contest. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) submit more than one (1) Entry per person per social media account; and/or (ii) use multiple names, identities, email addresses to enter or otherwise participate in or disrupt this Contest, then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).

All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any submitted Entries (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the submission timestamp of a valid Entry using the Hashtag on Burger King Canada’s social media accounts.

6. SUBMISSION REQUIREMENTS:

By submitting an Entry, you agree that the Entry (and each individual component thereof – including, without limitation, the Entry Materials) complies with all conditions stated in these rules. The released parties will bear no liability whatsoever regarding: (i) the use of your Entry (or any component thereof – including, without limitation, the Entry Materials); (ii) participation in any contest-related activities; (iii) any use, collection, storage and disclosure of any personal information; and/or (iv) if declared the winner, any prize (including any use or misuse of the prize, and any travel related thereto). The released parties shall be held harmless by you in the event it is discovered that you have departed from or otherwise fully complied with any of these rules and/or the applicable Social Platform rules (as applicable). This release and indemnity shall continue in force following the termination of the contest and/or awarding of any prizes.

By participating in the Contest, each entrant hereby warrants and represents that any Entry Materials he/she submits:

i. is/are original to him/her and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Contest;

ii. does not violate any law, statute, ordinance or regulation;

iii. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;

iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and

v. is/are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; violence, alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); that endorses, condones and/or discusses any illegal, inappropriate, violent, or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained --- note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained by the entrant must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Entry Materials. Any Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding Entry and/or the associated entrant) – to help ensure that the Contest is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules.

7. THE PRIZES AND APPROXIMATE RETAIL VALUE:

The following Prizes (each, a “Prize” and collectively, the “Prizes”) are available to be won:

Number Available Prize Description Approximate Retail Value (CDN)
4 Burger King Gift card $100

Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize or prizes of equal or greater value, including, without limitation, and at Sponsor’s sole and absolute discretion, a cash award. Each Prize will only be awarded to the person whose verifiable full name and valid email address is associated with the Entry in question. Limit of one (1) prize per participant.

8. WINNER SELECTION:

For the Contest Period, a winner or a select number of winners (to a maximum of 4 for the Contest Period) will be selected from among all eligible Entries submitted and received during the applicable Contest Period by 11:59:59 p.m. ET, within seven (7) days immediately following the last day of applicable the Contest Period. The odds of winning depend on the number of eligible Entries submitted and received during the Contest Period and so they cannot be ascertained.

Entries will be screened for appropriateness and judged by the Contest judging panel to be selected by the Sponsor from among its staff and advisers (the “Judges”). Entries that are inappropriate in nature or non-valid will be void and disqualified. Appropriateness of the Entry is determined at the sole and exclusive discretion of the Judges. Selection of the winning Entry or Entries will be determined by the Judges based on the quality, creativity, originality, meeting the challenge and fit with the Sponsor, as well as other criteria established in the Sponsor’s sole discretion.

The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each selected entrant (using the information provided on the Entry) within seven (7) business days of the winner selection date. If a selected entrant cannot be contacted within seven (7) business days of the date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining eligible Entries in accordance with the procedures set-forth in these Rules, or if so determined, randomly (in which case the foregoing provisions of this section shall apply to such newly selected entrant).

Before being declared A CONFIRMED PRIZE winner, each selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid in a form similar to the following: [(4x15)÷1+9)]; and (b) sign and return within seven (7) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases Sponsor and its franchisees, franchisor, advisers and contractors, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. If a selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining eligible Form Entries in accordance with the procedures set-forth in these Rules, or if so determined, randomly (in which case the foregoing provisions of this section shall apply to such newly selected entrant).

The confirmed prize winner(s) will be announced on the website www.burgerking.ca/whopperchallenge, within seven (7) days of the winner(s) being confirmed prize winners. Prizes will be posted via direct mail to winner(s) within a reasonable amount of days following confirmation.

Note that in Quebec, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

9. GENERAL CONDITIONS:

All Entries become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Form Entries and/or entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

The Released Parties will not be liable for the failure of any Entry to be received, for any reason.

The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with all applicable law.

For all Contest entrants: Each entrant recognizes that the contest shall be governed by and enforced in accordance with the laws of the Province of Ontario. The entrant attorns to jurisdiction of the courts of the Province of Ontario and the City of Toronto and agrees that jurisdiction and venue are proper in such courts.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: http://www.burgerking.ca/en/ca/company-info/legal/privacy-policy.html), unless the entrant otherwise agrees.

The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry Form, point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.

10. LICENSE:

By entering the Contest and submitting an Entry, each entrant: (i) without limiting the applicable Social Platform Rules, as applicable, grants to the Sponsor, in perpetuity, a royalty free, non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason including the Sponsor’s brand and products; (ii) waives all moral rights in and to his/her Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry Materials); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.

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