LEGAL INFORMATION

 

THIS WEBSITE USER AGREEMENT (THIS "AGREEMENT") APPLIES TO ALL INDIVIDUALS WHO USE, VISIT OR BROWSE ON WWW.BURGERKING.CO.NZ (THE "WEBSITE") (COLLECTIVELY "USERS" OR "YOU"). THE WEBSITE IS OPERATED BY OR ON BEHALF OF ANTARES RESTAURANT GROUP LIMITED (A FRANCHISEE OF BK ASIAPAC, TE, LTD, AND REFERRED TO IN THIS AGREEMENT AS BURGER KING NEW ZEALAND) OR ITS SUBSIDIARIES. ACCESS TO AND USE OF THE WEBSITE BY YOU IS CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THE TERMS OF OUR GENERAL PRIVACY POLICY AND CHILDREN'S PRIVACY POLICY ARE INCORPORATED HEREIN BY REFERENCE.

 

LAWS AND REGULATIONS

 

User access to and use of this Website is subject to New Zealand and all other applicable laws and regulations. By accessing the Website, Users agree not to use the Website for any purpose that is unlawful or prohibited by this Agreement. Users may not (i) use this Website in any manner that could damage, disable, overburden or impair the Website; (ii) upload, post, email or otherwise send or transmit any material that (a) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) contains third-party trademarks, service marks, copyrights or other proprietary rights without the prior written consent and approval of the third-party owner(s); or (c) is profane, defamatory, obscene, violent, sexual, discriminatory or otherwise unprofessional or in poor taste; (iii) interfere with the servers or networks connected to the Website; or (iv) violate any of the terms and conditions, procedures, policies or regulations of networks connected to the Website. Any attempt by any person to undermine the legitimate operation of this Website may be a violation of criminal and civil law, and, should such an attempt be made, Burger King New Zealand reserves the right to seek damages from any such person to the fullest extent permitted by law. Burger King New Zealand's failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.

 

NO WARRANTIES

 

Burger King New Zealand uses reasonable efforts to include accurate and up-to-date information on the Website; however, Burger King New Zealand makes no warranties or representations as to the accuracy of this information. Burger King New Zealand assumes no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays or interruptions in the delivery of any content contained on the Website, or any losses or damages arising from the use of the content provided by the Website.

 

RESTRICTION OF LIABILITY

 

Burger King New Zealand assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect a User's computer equipment or other property due to the User's access, browsing on, or use of, the Website or the User's downloading of any materials, data, text, images, video, or audio from the Website.

 

PERSONAL AND NON-COMMERCIAL USE LIMITATION

 

Unless otherwise specified, the services offered on the Website are for personal and non-commercial use. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or offer for sale any information contained on, or obtained from, the Website.

 

SUBMISSIONS

 

Burger King New Zealand is free to use any comments, information, ideas, concepts, graphics, photographs, music, artwork, copy, suggestions, know-how, or techniques contained in any communication that a User may send to Burger King New Zealand through this Website or through electronic mail (together the "Submission"). Burger King New Zealand will not treat any Submission as confidential or proprietary and is free to use any Submission throughout the world and in perpetuity without further compensation, acknowledgement or payment to such User and for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving our Websites using such User's information.

 

HYPERLINKING

 

This site may provide a link to other sites by allowing Users to access third-party material. Burger King New Zealand has not reviewed all of the sites that may be linked to the Website and is not responsible for the content or privacy policies of any off-site pages or links to any other sites. Viewing all other sites is at User's own risk.

 

TRADEMARKS AND COPYRIGHTS

 

All trademarks, logos, and service marks displayed on the Website are registered and unregistered Trademarks of Burger King Corporation and/or third parties who have authorized their use (collectively the "Trademarks"). Users may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of Burger King Corporation's trademarks on any other website is strictly prohibited. All of the materials contained on the Website are copyrighted except where explicitly noted otherwise. Burger King Corporation will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Burger King Corporation neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Burger King Corporation. Use of any materials on the Website is at User's own risk.

 

INDEMNITY

 

By using this Website, each User accepts all responsibility for, and hereby indemnifies and holds harmless Burger King New Zealand, Burger King Corporation, each of their related companies and each such companies' respective officers, directors, employees, shareholders, successors and assigns from and against any claims that may arise from actions taken by such User on or in connection with the Website, including, but not limited to any Submissions or other materials uploaded by them to the Website.

 

APPLICABLE LAWS AND VENUE

 

All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of Users and Burger King New Zealand in connection with the Website, shall be governed by, and construed in accordance with, the laws of New Zealand, without giving effect to any choice of law or conflict of law rules or provisions (whether of New Zealand, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than New Zealand.

 

SEVERABILITY

 

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

 

LIMITATION OF LIABILITY

 

Burger King New Zealand, Burger King Corporation, each of their related companies and each such companies’ respective officers, directors, employees, successors and assigns are not responsible for any third party products or services offered on the Website, if any. To the fullest extent allowable by law, Burger King New Zealand and Burger King Corporation specifically disclaim any representations or warranties, express or implied, regarding any third party products and/or services offered on the Website, including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance.

 

BURGER KING®, BK® and related trademarks and logos are owned by Burger King Corporation and may be registered in the United States and other countries.

 

CONTACT US

 

If you have any questions, comments or concerns regarding our policies and/or practices, please contact at the following email, mailing address or telephone number:

 

Burger King New Zealand

PO Box 100-413 NSMC

North Shore City 0745

6 Antares Place

Mairangi Bay

Auckland, New Zealand

 

TELEPHONE

0800 425 464

 

FACSIMILE

+64 9 477 4811

 

EMAIL

contactus@bknz.co.nz

 

TERMS AND CONDITIONS OF VIP OFFER
At participating restaurants. Free upsize is from regular fries and soft drink to large fries and soft drink. Available on standard core Value Meals only including WHOPPER® Value Meal, Double WHOPPER® Value Meal, WHOPPER® JR Value Meal, BBQ Bacon Double Cheeseburger Value Meal, Double Cheeseburger Value Meal, Triple Cheeseburger Value Meal, Hawaiian BK Chicken Value Meal, BK Chicken Value Meal, TENDERCRISP® Value Meall, The King's Collection Value Meals. Excludes Meal Deals, The Big Feed, Change Range and Stunner meals. Drive Thru orders only. No further discounts apply. Available for a limited time only.


NATIONAL OFFERS
Auckland & Christchurch Airport Restaurants are excluded from National offers (Coupon, Dinner Deals, Vouchers, Change Range, Stunner & limited time burger offers). For their menu information please contact them directly via our stores page.


TERMS & CONDITIONS WIN A VIP ARMAGEDDON EXPERIENCE
Participation in the Promotion is deemed acceptance of these full Terms and Conditions.
Burger King NZ ‘Win Armageddon’ via Burger King website, waiver.
The Promoter is Antares Restaurant Group Limited and includes all related operating companies controlled by or associated with that entity, including but not limited to any other company connected to the Burger King brand (“Promoter”). 

1. I acknowledge that I am 14 years of age or older.

2. I acknowledge that I want to participate in Burger King 'Win Armageddon' competition (“Promotion”).

3. I acknowledge that I do not have a criminal conviction.

4. I acknowledge that I have 24 hours to opt out of this Promotion, by contacting 09 361 7588. 

5. To the extent permitted by law: 5.1 I assume all risks associated with my participation in the Promotion and use of my prize; and 5.2 I indemnify the Promoter, its representatives, authorised agents, all organisers, sponsors and all other persons and organisations associated in any way with the Promotion against all claims, damages, liabilities, costs and expenses (including reasonable legal fees) which I may incur arising out of my participation in the Promotion or use of any prize, howsoever caused. 

6. By participating in the Promotion, I grant the Promoter permission to use my name, image, voice and likeness in connection with any promotion of the Promotion and other Burger King related materials without any compensation. 

7. In terms of the Privacy Act 1993 I agree to the collection and storage of my personal information including my Instagram name, profile, page, Facebook name, profile and page, and video coverage of the event by the Promoter during the Promotion and to the use of such personal information for the purposes of running the Promotion, marketing the Promoter’s products, and for sending me promotional material in the future. I understand that all personal information will be held by the Promoter at Burger King, 6 Antares Place, Mairangi Bay, North Shore 0632 and that I have the right to access and correct my personal information. 

8. I will ensure that I take all responsible steps to maintain and protect my personal health and safety and, at all times while participating in the Promotion, will conduct myself in a manner that is consistent with the Promoter’s brand and will not bring the Promoter into disrepute. 

9. Any decisions made by the Promoter in relation to the prize draw are final and no correspondence will be entered into. The Promoter is not liable for any failure (for whatever reason) to record an entry into the prize draw. The Promoter reserves the right to extend, change or terminate this prize draw competition at any time without notice. 

10. The Promotion will run from [4am] 19 September to [11:59pm] 13 October 2017. 

11. The Promotion is not open to the Promoter’s or Burger King’s staff or families, associated companies, suppliers or agencies involved with this Promotion. 
 
12. All decisions and judgments made by the Promoter its employees or agents are final and binding. No correspondence will be entered into.
 
13. This Promotion is in no way sponsored, endorsed or administered by Facebook. Any questions, comments or complaints about this Promotion must be directed to the Promoter by writing to Burger King, 6 Antares Place, Mairangi Bay, North Shore 0632. Entering in this Promotion is considered a complete release of Facebook by each entrant. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including participating in any experience or prize including the Major Prize), except for any liability which cannot be excluded by law. 

14. For the duration of the Promotion, "Entrants" will be invited to enter the Competition by uploading their unique, receipt 16 digit promotional code to the Burger King New Zealand’s website. 

14.1 To enter the Competition an Entrant must purchase a regular or large Super Value Feed. Then upload their unique, receipt 16 digit promotional code to the Burger King New Zealand’s website. 

14.2 All matters relating to the selection [at random] of Entrants and all other matters relating to the Competition will be at the sole discretion of the Promoter. 

15. To be eligible for the prizes the winner must be an NZ resident and 14 years of age or over.
16. The prizes of a double pass to the Auckland Armageddon event on Sunday the 22nd October is limited to one per person. The Promoter will contact the prize winners via email to collect required details. Delivery of the prize will be arranged with the winner prior to the event. All other costs associated with the Armageddon event on October the 22nd, including but not limited to travel costs, accommodation, travel insurance and other charges are the responsibility of the winner and their guest. The prize must be taken on the date specified. 

17. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
18. The [major] prize is a VIP Armageddon experience at the Auckland event. (“Major Prize”) consisting of: 
A ticket to all four days of the event

 
All other costs associated with the Major Prize, including but not limited travel costs, accommodation, travel insurance and other charges are the responsibility of the winner and their guest. The Major Prize must be taken on the dates specified. 

Major Prize - Winner specific rules and conditions: 

· This is not a supervised or chaperoned tour. Please note that you will be responsible for your own safety and health, so please organise your time with that in mind. To the fullest extent permitted by law the Promoter will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of winning the Major Prize including but not limited to travel to and from the Trust Arena.        

- Except for any liability that cannot be excluded by law, Burger King will not be liable for any loss or damage whatsoever incurred by any participant (including but not limited to any indirect or consequential loss). All prizes are taken entirely at the participants own risk. Participants indemnify Burger King against any claim for accidental or low of life, personal injury, property damage or other loss, cost or expense arising in connection with the competition or any prize.

- These terms and conditions are subject to all applicable laws, codes and regulations, including but not limited to the Sale and Supply of Alcohol Act 2012 and the Code for Advertising and Promotion of Alcohol.

- It is your responsibility to be on time for all dates and events. If you are late for an event (such as missing a plane), any costs associated will be at your expense and not the Promoter’s.


TERMS & CONDITIONS WIN VIP JOSEPH PARKER PROMOTION

Participation in the Promotion is deemed acceptance of these full Terms and Conditions.

Burger King NZ ‘Win VIP’ via Burger King website, waiver.

The Promoter is Antares Restaurant Group Limited and includes all related operating companies controlled by or associated with that entity, including but not limited to any other company connected to the Burger King brand (“Promoter”). 

1. I acknowledge that I am 18 years of age or older.

2. I acknowledge that I want to participate in Burger King 'Win VIP' competition (“Promotion”).

3. I acknowledge that I do not have a criminal conviction.

4. I acknowledge that I have 24 hours to opt out of this Promotion, by contacting 09 361 7588. 

5. To the extent permitted by law: 5.1 I assume all risks associated with my participation in the Promotion and use of my prize; and 5.2 I indemnify the Promoter, its representatives, authorised agents, all organisers, sponsors and all other persons and organisations associated in any way with the Promotion against all claims, damages, liabilities, costs and expenses (including reasonable legal fees) which I may incur arising out of my participation in the Promotion or use of any prize, howsoever caused. 

6. By participating in the Promotion, I grant the Promoter permission to use my name, image, voice and likeness in connection with any promotion of the Promotion and other Burger King related materials without any compensation. 

7. In terms of the Privacy Act 1993 I agree to the collection and storage of my personal information including my Instagram name, profile, page, Facebook name, profile and page, and video coverage of the event by the Promoter during the Promotion and to the use of such personal information for the purposes of running the Promotion, marketing the Promoter’s products, and for sending me promotional material in the future. I understand that all personal information will be held by the Promoter at Burger King, 6 Antares Place, Mairangi Bay, North Shore 0632 and that I have the right to access and correct my personal information. 

8. I will ensure that I take all responsible steps to maintain and protect my personal health and safety and, at all times while participating in the Promotion, will conduct myself in a manner that is consistent with the Promoter’s brand and will not bring the Promoter into disrepute. 

9. Any decisions made by the Promoter in relation to the prize draw are final and no correspondence will be entered into. The Promoter is not liable for any failure (for whatever reason) to record an entry into the prize draw. The Promoter reserves the right to extend, change or terminate this prize draw competition at any time without notice. 

10. The Promotion will run from [4am] 16 November to [11:59pm] 1 December 2016. 

11. The Promotion is not open to the Promoter’s or Burger King’s staff or families, associated companies, suppliers or agencies involved with this Promotion. 
 
12. All decisions and judgments made by the Promoter its employees or agents are final and binding. No correspondence will be entered into.
 
13. This Promotion is in no way sponsored, endorsed or administered by Facebook. Any questions, comments or complaints about this Promotion must be directed to the Promoter by writing to Burger King, 6 Antares Place, Mairangi Bay, North Shore 0632. Entering in this Promotion is considered a complete release of Facebook by each entrant. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including participating in any experience or prize including the Major Prize), except for any liability which cannot be excluded by law. 

14. For the duration of the Promotion, "Entrants" will be invited to enter the Competition by uploading their unique, receipt 16 digit promotional code to the Burger King New Zealand’s website. 

14.1 To enter the Competition an Entrant must purchase a regular or large Value Meal 1-15, or the Title Feast. Then upload their unique, receipt 16 digit promotional code to the Burger King New Zealand’s website. 

14.2 All matters relating to the selection [at random] of Entrants and all other matters relating to the Competition will be at the sole discretion of the Promoter. 

15. To be eligible for the prizes the winner must be a NZ resident and 18 years of age or over.

16. The [daily] prizes of a double pass to the Joseph Parker fight on December 10th at Vectora arena is limited to one per person, per day. The Promoter will contact the prize winners via email to collect required details. Delivery of the prize will be arranged with the winner prior to the event. All other costs associated with the the double pass to the Joseph Parker fight on December 10th, including but not limited to travel costs, accommodation, travel insurance and other charges are the responsibility of the winner and their guest. The prize must be taken on the dates specified. 

17. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

18. The [major] prize is a corporate table at the Joseph Parker fight on December 10th  2016. (“Major Prize”) consisting of: 
·10 x seats at a ring side, corporate table at the Joseph Parker fight on December 10th 2016 at Vector Arena, Auckland
- Hospitality, including food and beverage for all 10 attendees on the corporate table
- Limo pick up and drop off for 10 people within 30km of Vector Arena on December 10th 2016
- 50 x Whopper vouchers
- Hosted Backard Burger King in February / March 2017. Kit includes Whopper ingredients for 16 people, branded patty flipper, custom branded cups, mini BK light up sign, Burger King cap, Burger King matches, Burger King apron and cooking instructions

All other costs associated with the Major Prize, including but not limited travel costs, accommodation, travel insurance and other charges are the responsibility of the winner and their guest. The Major Prize must be taken on the dates specified. 

Major Prize - Winner specific rules and conditions: 

· This is not a supervised or chaperoned tour. Please note that you will be responsible for your own safety and health, so please organise your time with that in mind. To the fullest extent permitted by law the Promoter will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of winning the Major Prize including but not limited to travel to and from the Trust Arena.        

- Except for any liability that cannot be excluded by law, Burger King will not be liable for any loss or damage whatsoever incurred by any participant (including but not limited to any indirect or consequential loss). All prizes are taken entirely at the participants own risk. Participants indemnify Burger King against any claim for accidental or low of life, personal injury, property damage or other loss, cost or expense arising in connection with the competition or any prize.

- These terms and conditions are subject to all applicable laws, codes and regulations, including but not limited to the Sale and Supply of Alcohol Act 2012 and the Code for Advertising and Promotion of Alcohol.

- It is your responsibility to be on time for all dates and events. If you are late for an event (such as missing a plane), any costs associated will be at your expense and not the Promoter’s.