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.
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.
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.
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.
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.
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.
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
Auckland, New Zealand
0800 425 464
+64 9 477 4811
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.
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 for Burger King NZ Breakers Ticket Giveaway Competition
Super Smash Ticket Giveaways
1. Information on how to enter the Whopper King Promotion (“Promotion”) and the Prizes form part of these Terms and Conditions.
2. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
3. Entry is only open to New Zealand residents (“Entrants”). All Entrants must have a Facebook account to be eligible to enter the Promotion.
4. Entrants must be 18 years of age or older to enter.
5. Employees (including their immediate families) of Burger King and any agencies of it associated with the Promotion are ineligible to enter the Promotion. Immediate family means any of the following: spouse, ex-spouse, de-facto partner, ex de-facto partner, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
6. The Promotion will commence at 12:00am on Monday 16th September 2019 and close at 11:59pm on Tuesday 1st October 2019. Burger King will not accept any Entries into the Promotion outside of the time and dates stipulated.
7. To participate in the Promotion, an Entrant must upload a video (”Entry”) of them reciting the Whopper King Pledge to www.whopperking.co.nz, provide required personal information, and agree to the Promotion Terms & Conditions.
8. Each Entry must be unique. Entrants may enter a maximum of 5 times.
9. Each Entrant warrants to Burger King that each Entry and any other content submitted in their Entry is an original creative work of the Entrant and does not infringe the rights of any third party. All Entries must comply with and is subject to the provisions contained in paragraph 27. Entries that Burger King, in its sole discretion, deem to contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions, will not be eligible to participate in the Promotion or win the Prize.
10. Burger King reserves the right, at any time, to verify the validity of Entries and determine the eligibility of Entrants (including an Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any Entrant who Burger King has reason to believe has either:
a. breached any of the Terms and Conditions;
b. tampered with the entry process;
c. engaged in any unlawful or other improper conduct calculated to jeopardise fair and proper conduct of the Promotion; or not complied fully with the requirements of the Entry Mechanic. Errors and omissions may be accepted at Burger King’s sole discretion. Failure by Burger King to enforce any of its rights at any stage throughout the Promotion does not constitute a waiver of those rights. Burger King’s legal rights to recover damages and or other compensation from such any Entrant that breaches the Terms and Conditions are reserved in full.
11. Neither Burger King nor any other entity associated with this Promotion will be responsible for any late, lost, misdirected or incorrectly submitted Entries, including but not limited to Entries not received due to technical problems or human error. The time Entries are deemed to be made will be the time the Entry is received, not the time the Entry is submitted by an Entrant.
12. Burger King reserves the right to disallow Entries in its absolute discretion and without giving reasons
13. Burger King will decide on up to 5 finalists (”Finalists”) based on the originality and creative merit of the Entries. To be selected as a Finalist, you must adhere to the following restrictions:
14. Judges may select additional reserve Entries throughout the Promotion that they determine to be of sufficient merit. These will be used in the event of an invalid Entry or ineligible Entrant.
15. If any dispute arises as to the identity of an Entrant, Burger King reserves the right, at its sole discretion, to determine the identity and validity of the Entrant.
16. Finalists will be notified by either a phone call or email from a Burger King representative on Wednesday 2nd October 2019. Unsuccessful Entrants will not be notified.
17. Finalists must respond to Burger King confirming that they are a Finalist and that they accept the Terms and Conditions within 48 hours of receipt of notification from Burger King. If they do not respond within 48 hours, another Finalist will be drawn in their stead and they will no longer be eligible to be a Finalist.
18. Burger King’s decision is final and no correspondence will be entered into.
19. Finalists selected will be voted on by the public (“Voters”). This will be captured and published on the www.whopperking.co.nz website. Voting is open between 12.00am Wednesday October 2nd 2019 and 11.59pm Sunday October 13th 2019.
20. Votes must be submitted through www.whopperking.co.nz. Voters can only vote for each Finalist a maximum of once per day.
21. Finalists can promote their own Entry on their personal social media platforms.
Free Whopper Coupons for Entering and Voting
22. One free Whopper Coupon (“Coupon”) will be delivered via the BK app to every Entrant. Multiple Coupons will not be provided for multiple Entries.
23. One Coupon will be delivered via the BK app to every Voter. Multiple Coupons will not be provided for multiple Votes.
24. To receive the Coupon, Entrants/Voters must be registered to the BK app and provide the email address connected with their app account when they Enter/Vote at www.whopperking.co.nz.
25. One Coupon can be claimed for Entering and one Coupon can be claimed for Voting. The Coupons will appear in the app within 3 days of Entering/Voting.
26. The Whopper King Winner (“Winner”) will be the Finalist with the most votes at 11.59pm on Sunday October 13th 2019.
27.The Winner will receive the following (“Prize”):
a. A year’s supply of Burger King (25,480 crowns being loaded onto the Winner’s BK app). This is enough points to redeem one ‘Gold’ reward each week for one year (Gold level redemption includes: Salad Burger value meal, Chicken Fries value meal, Whopper Value Meal, BK Chicken Value Meal, BBQ Bacon Double Cheeseburger Value Meal).
b. 2x tickets for the VIP Court-side experience at the Sky Sport Breakers game, Sunday 20th October 2019, including food and drinks. Domestic travel and accommodation is included and will be managed by Burger King upon direction from the Winner.
c. 2x festival passes for Bay Dreams festival (Tauranga Bay Dreams on the 2nd of January 2020 or Nelson Bay Dreams on the 4th of January 2020). Includes camping on-site.
d. 2x VIP tickets for One Love festival (Tauranga, 25th – 26th January 2020) – Includes camping on-site.
e. 2x GA tickets for Hidden festival (Auckland, festival date to be announced at a later date) – no accommodation included.
f. 2x VIP field tickets for Six60 (Auckland, February 22nd 2020) – no accommodation included.
g. Burger King experience at your local BK restaurant. For 1 hour between 11am-12pm we will close your chosen BK and you can order all you want to eat for you and 10 friends. Location is subject to availability. Drive Thru will remain open during the experience. This must be redeemed before 15th December 2019.
h. $1,000.00 cash for travel and accommodation to go towards the above festivals. This will be transferred to the Winner on or after Monday 21st October 2019.
28. Subject to paragraphs 26 and 28, a Burger King representative will transfer the cash prize to the Winner’s chosen bank account. Burger King will not be liable for wrong bank accounts supplied by the Winner or any third party. Burger King shall be entitled to assume that any person accepting delivery of the Prize is either the Winner or someone that is authorised to receive the Prize on behalf of the Winner.
29. The Winner will be required to sign a Prize Acceptance agreement in order to receive the Prize. This exempts Burger King and its related companies, employees and advisors as the case may be, from any liabilities incurred during the redemption of the Prize.
30. In the event that the Prize, or any part of the Prize, becomes unavailable for any reason beyond Burger King’s control, the Prize, or that part of the Prize will be void, and no compensation will be payable
31. If the Winner cannot accept or take part in the Prize for any reason, their Prize will be void and no compensation will be payable
32. The Prize does not cover any travel insurance of the Winner during the redemption of the Prize.
33. Entrants agree that they are fully responsible for any materials they submit via the Promotion. Burger King shall not be liable in any way for Entries to the full extent permitted by law. Burger King may remove or decline to publish any Entries, without notice, for any reason whatsoever. Entrants warrant and agree that: a) they will not submit any Entry that is unlawful or fraudulent, or that Burger King at its sole discretion may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; b) their Entry shall not contain viruses or cause injury or harm to any person or entity; c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Entry; d) the Entry is the original artistic work of the Entrant that does not infringe the rights of any third party; e) they consent to any use of the Entry which may otherwise infringe the creator’s moral rights pursuant to the Copyright Act 1994 and warrant that they have the full authority to grant these rights; and f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems. Without limiting any other terms herein, the Entrant agrees to and does hereby indemnify Burger King for any breach of the above terms.
34. As a condition of entering this Promotion, each Entrant licenses and grants to Burger King, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Entry for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
35. Entrants consent to Burger King using their name, likeness, image and/or voice in the event they are a Finalist or Winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by Burger King.
36. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Burger King, including but not limited to technical difficulties, unauthorised intervention or fraud, Burger King reserves the right, at its sole discretion, to the fullest extent permitted by law:
a. to disqualify any Entrant; or
b. to modify, suspend, terminate or cancel the Promotion, as appropriate.
37. Nothing in these Terms and Conditions limits, excludes or modifies, or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993, as well as any other implied warranties under the similar consumer protection laws or guarantees in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Burger King (including its respective officers, employees, advisors and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
38. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Burger King (including its respective officers, employees, advisors and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
a. any technical difficulties or equipment malfunction (whether or not under Burger King’s control);
b. any theft, unauthorised access or third party interference;
c. any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Burger King) due to any reason beyond the reasonable control of Burger King;
d. any variation in Prize value to that stated in these Terms and Conditions;
e. any tax liability incurred by a winner or Entrant; or
f. use/redemption of a Prize.
39. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.
40. Any questions, comments or complaints about this Promotion must be directed to Burger King at email@example.com and not to Facebook, Instagram or Snapchat. 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 taking/use of the Prize), except for any liability which cannot be excluded by law.
41. As a condition of accepting the Prize, the Winner may be required to sign any legal documentation as and in the form required by Burger King and/or Prize suppliers in their absolute discretion, including but not limited to, a legal release and indemnity form.
42. Burger King collects personal information ("PI") in order to conduct the Promotion and may, for this purpose, disclose such PI to their agency, Pitchblack, 2 Drake St, Freemans Bay, Auckland.
45. All Entries in the Promotion become the property of Burger King. Unless otherwise indicated by Burger King, Burger King may disclose PI to entities outside of New Zealand, including their agency Pitchblack, 2 Drake St, Freemans Bay, Auckland.