The BURGER KING® Hot Kicks Contest
Official Rules
No Purchase Required to Enter or Win
- Eligibility: The BURGER KING® Hot Kicks Contest (the “Contest”) is open only to legal residents of the forty-eight (48) contiguous United States or the District of Columbia who are eighteen (18) years of age or older at the time of entry. Employees of Burger King Magic Holdings LLC, Burger King Corporation, its franchisees, AList Media, Gametime Athletics, or other companies associated with the promotion of the Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations and is void in Alaska, Hawaii, Puerto Rico and where prohibited by law.
- Sponsor: The Contest is sponsored by Burger King Magic Holdings LLC, 5505 Blue Lagoon Drive, Miami, FL 33126 (the “Sponsor”).
- Agreement to Official Rules: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Entry Period: The Contest begins at 12:00 a.m. ET on August 22, 2007 and ends at 11:59 p.m. ET on October 9, 2007 (the “Entry Period”). The Entry Period will be divided into seven (7) Entry Weeks. Each Entry Week begins at 12:00 a.m. ET on a Wednesday and ends at 11:59 p.m. on a Tuesday. Entries submitted or received before or after the Entry Period will be disqualified.
- Rights to BURGER KING® Elements: Sponsor grants entrants a royalty-free, non-exclusive limited license to use the term “BURGER KING,” the BURGER KING® logo, and other materials available on the Contest Site (collectively, the “BURGER KING® Elements”) for the sole purpose of designing a sneaker for the Contest during the Entry Period. Any rights to use the BURGER KING® Elements terminates at the end of the Entry Period. Except as expressly provided herein, no right, property, license, permission, or interest of any kind in or to the BURGER KING® Elements is or is intended to be given or transferred to or acquired by an entrant.
- Design a Sneaker: Visit www.bkhotkicks.com to access the Contest Site where you will find templates containing the BURGER KING® Elements and an entry form. Using the templates, design a sneaker that highlights the BURGER KING® brand (the “Sneaker Design”). The Sneaker Design must meet each of the following requirements:
- The Sneaker Design may not contain the BK® mark or any third party trademarks or logos other than the BURGER KING® Elements.
- The Sneaker Design may not contain any copyrighted elements other than elements owned by the entrant and the BURGER KING® Elements. Any elements (other than the BURGER KING® Elements) that appear in the Sneaker Design must be entirely original, created by the entrant, or be in the public domain. Use of any elements (other than the BURGER KING® Elements) that are not original or in the public domain will result in disqualification of Sneaker Design, in the Sponsor’s sole discretion.
- The Sneaker Design may not contain any elements that are obscene or indecent, contain defamatory statements, or any materials that the Sponsor deems to be in bad taste, and it must not invade privacy rights or any other rights of any person, business, or group.
- How to Enter: Once you have created a Sneaker Design that meets each of the requirements set forth above, complete the entry form, and follow the instructions to submit your Sneaker Design.
- Entrant’s Warranties and Representations: By submitting a Sneaker Design, each entrant warrants and represents that:
- The entrant owns all rights to his/her Sneaker Design, with the exception of the BURGER KING® Elements.
- The Sneaker Design (i) is original to the entrant, (ii) does not infringe the intellectual property, privacy, publicity, or any other rights of any third party, (iii) does not violate any law or regulation, and (iv) has not been previously published in any medium.
- Sponsor’s Rights to Sneaker Designs: By submitting a Sneaker Design, each entrant:
- Irrevocably grants to the Sponsor, its agents, licensees, and assigns the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Sneaker Design (with or without using the entrant’s name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the entrant or any other party.
- Forever waives any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor’s use of the entrant’s Sneaker Design, or require the entrant’s permission for the Sponsor to use the Sneaker Design.
- Agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the Sneaker Design, or any derivative works, infringes any of the entrant’s rights as creator of the Sneaker Design, including, without limitation, copyrights, trademark rights, patent rights, and moral rights.
- Selection of Semi-Finalists: Submissions will be posted on the Contest Site. Between 12:00 a.m. ET on Wednesdays and 11:15 p.m. on Tuesdays, members of the public will have the opportunity to vote for their favorite submission from the previous Entry Week. There is a limit of one (1) vote per person per day. The entrant who receives the most votes in any Entry Week will be deemed a Semi-Finalist.
- Selection of Finalists: After all of the Semi-Finalists have been determined, a panel of Judges selected by the Sponsor will evaluate each submission based on the following equally-weighted criteria (the “Judging Criteria”): Originality; Style; Concept or Theme; and Color Scheme. The decisions of the Judges are final. Two (2) Finalists will be selected. The odds of being selected as a Finalist depends on the relative performance of all entrants and the number of eligible entries received.
- Requirements of Finalists: Except where prohibited, each Finalist will be required to sign and return an affidavit of eligibility and a liability/publicity release. In addition, each Finalist must sign a release in which the Finalist irrevocably assigns and transfers to the Sponsor any and all rights, title and interest in Sneaker Design, including, without limitation, all copyrights, trademark rights, and patent rights, and waives all moral rights in the Sneaker Design. Documents must be signed, notarized, and returned to the Sponsor within five (5) days of being notified. If a Finalist is a minor, the Finalist’s parent or legal guardian must sign the required documents on the entrant’s behalf. If a Finalist fails to sign and return the required documents within the required time period or is otherwise ineligible to receive the prize, an alternate entrant may be selected in his/her place according to the selection procedures set forth above.
- Finalist Prizes: Each Finalist will receive a trip for two (2) to Miami, Florida. The trip includes (a) round-trip coach-class airfare for two (2) from the airport closest to the Finalist’s home to Miami, (b) two (2) night’s of hotel accommodations, (c) ground transportation between the airport and the hotel, and (d) two (2) VIP tickets to the South Florida Entertainment Awards on October 18, 2007. Finalists must be able to travel between October 16, 2007 and October 20, 2007 or else will forfeit the prize. During the South Florida Entertainment Awards, the Finalist with the highest Judges score will be announced as the Grand Prize winner; the other Finalist will be announced as the First Prize Winner. The approximate retail value (“ARV”) of each Finalist Prize is $1,450. A Finalist’s guest must be eighteen (18) or older and may be required to sign a liability and publicity release prior to travel. Please see the “For all Prizes” section below for additional details.
- Grand Prize: The Grand Prize Winner will receive ten (10) pairs of Gametime Athletics sneakers. In addition, the Grand Prize winner will receive (a) $1,000 in cash, (b) a $100 BK™ Crown Card, and (c) a one-week internship opportunity at Gametime Athletics, subject to the approval of Gametime Athletics. The internship includes (a) round-trip coach-class airfare for one (1) from the airport closest to the Grand Prize Winner’s home to Memphis, TN, (b) five (5) night’s of hotel accommodations, and (c) ground transportation between the hotel and Gametime Athletics office. All details of the internship will be determined by Gametime Athletics, in its sole discretion. No compensation during the internship will be provided. To be eligible for the internship, the Grand Prize winner must have at least a high school degree and a GPA of at least 2.0. If Gametime Athletics does not approve the internship, no additional substitution or compensation will be provided. ARV: $3,100. Please see the “For all Prizes” section below for additional details.
- First Prize: The First Prize Winner will receive two (2) pairs of Gametime Atheletics sneakers. In addition, the first Prize winner will receive $500 in cash and a $100 BK™ Crown Card. ARV: $720. Please see the “For all Prizes” section below for additional details.
- For all Prizes: Any prize details not specified above will be determined by the Sponsor (or, where noted, by Gametime Athletics) in its sole discretion. Prizes are not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for any and all other costs and expenses not listed above. Prizes will be reported as income to a winner and the winner will be responsible for all taxes associated with the receipt of a prize.
- General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) select Finalists according to the selection procedures set forth above from among the 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 tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest 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.
- Release and Limitations of Liability: By participating in the Contest, entrant agrees to release, indemnify and hold the Sponsor, Burger King Corporation, its franchisees, AList Media, Gametime Athletics, and each party’s respective officers, directors, agents, and any of their employees (collectively, the “Released Parties”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of participation in the Contest, the use of a prize, or the use of an entrant’s Sneaker, including, but not limited to: (a) claims that the Sneaker violates any third party’s copyrights, trademark rights, publicity rights, or moral rights; (b) unauthorized human intervention in the Contest; (c) technical errors related to computers, servers, providers, or telephone or network lines; (d) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail; (f) errors in the administration of the Contest or the processing of 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 Contest or receipt of any prize. Except where prohibited, entrant agrees that: (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (b) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
- Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest 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, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, 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.
- Contest Results: For the names of the winners, send a self-addressed, stamped envelope to Burger King Corporation Attn: S Stanford 5505 Blue Lagoon Dr. Miami FL, 33126. Requests must be received by October 31, 2007.