Last Updated: February 5, 2024
Effective: February 5, 2024
These terms of use (the “AI Terms of Use”) govern your (“you” or “your”) use of any of the Million Dollar Whopper® AI Services, including the AI companion, ‘Grilliam’ (“MDW AI Services”), and any of the content generating using the MDW AI Services, including, but not limited to, the AI Whopper Image generator, AI Whopper Theme/Background generator, AI Whopper Jingle generator, and the AI Whopper Ad/Commercial generator (“AI Generated Content”). The MDW AI Services are offered by Burger King Company, LLC, and its affiliates (“BK” or “us”) and can be found at BK.com/MDW. These AI Terms of Use supplement the BK® Terms of Service (including the binding arbitration provisions contained therein), the BK® Privacy Policy , and the BK® Royal Perks Terms and Conditions (together, the “BK Terms”), and by using the MDW AI Services, you agree that you consent to the practices described in the BK Terms.
PLEASE READ THESE TERMS CAREFULLY. It is a legal document between BK and you that explains your rights and obligations. Your use of the MDW AI Services means that you agree to be bound by these AI Terms of Use and the BK Terms. Do not use the MDW AI Services if you do not accept the AI Terms of Use and the BK Terms.
The MDW AI Services are available only to users who are at least age 18 (or the age of majority in your place of residence, if older) and are residents of the United States (including Alaska and Hawaii). The MDW AI Services are void outside of the United States and where prohibited or restricted by law. We may modify these AI Terms of Use at any time. Your use of the MDW AI Services after we post modifications to the AI Terms of Use means that you accept the modified AI Terms of Use.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE AI TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 6), DISCLAIMERS OF LIABILITY (SECTION 7), AND AN EXCLUSIVE REMEDY (SECTION 7). PLEASE READ THEM CAREFULLY.
The MDW AI Services enable you to create AI Generated Content of your Million Dollar Whopper Sandwich Idea (“MDW Whopper”) in connection with the Million Dollar Whopper Contest (“Contest”). You understand and agree that the AI Generated Content that is produced from the MDW AI Services are not part of your Contest entry. For information on how to submit a Contest entry, please visit BK.com/MDW.
The MDW AI Services are powered by the third-party vendors and third-party platforms Media.Monks, Stable Diffusion XL, Azure Chat GPT, and Elevenlabs, which are Artificial Intelligence technology (“AI Technology”). You authorize BK and any third-party service providers or AI Technology to store and use your input for the purposes of providing you with the MDW AI Services, and to develop and improve the services and products of BK and such third-party service providers, including as part of the design, training, and development process for machine learning models. The MDW AI Services, and your use of these services, is subject to all applicable laws and regulations.
You do not need a BK Royal Perks Account (“Account”) to use the MDW AI Services, but you do need an Account if you would like to save, download, or share any of your AI Generated Content or submit a Contest entry. If you register for an Account, you are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or Account. BK has the right to suspend or terminate any Account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify BK of any unauthorized use of your password or username or any other breach of security.
All uses of the MDW AI Services must comply with BK Terms. In addition, you hereby represent and agree that you will not use, nor authorize anyone to use on your behalf, the MDW AI Services in a manner (as determined by BK in its sole and absolute discretion) that promotes, encourages, or engages content that is illegal, violates any applicable law, rule or regulation, or promotes or encourages any illegal activity; infringes on the intellectual property rights of any other person or entity; violates the privacy or publicity rights of another user or any other person or entity, including the use of names, likenesses, voices, or other indicia identifying celebrities and other public figures, living or dead; engages in the improper use of brand names, logos or trademarks other than those owned by BK or its licensees and expressly authorized in writing for your use; breaches any duty of confidentiality that you owe to another user or any other person or entity; encourages any exploitation of children; encourages terrorism, or suggestive, obscene, pornographic content or violence against people, animals, or property; contains false, hateful, sexually explicit, or deceptive language; encourages bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; encourages any deceptive, inappropriate, indecent, obscene, pornographic, tortious, defamatory, slanderous or libelous material; disparages or ridicules BK, its employees, franchisees, products, services, or any other person or party affiliated with the MDW AI Services; promotes unsubstantiated or comparative claims regarding BK’s products or services; encourages any spam or other unsolicited bulk downloads or uploads, or computer or network hacking or cracking; interferes with the operation of the MDW AI Services or any BK services; contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any BK software or service, including the MDW AI Services.
You also represent and agree that you will not use your AI Generated Content or the MDW AI Services to misrepresent your affiliation with any person or entity, including BK, or attempt to represent that your AI Generated Content is endorsed by any other person or entity, including BK. You also represent and agree that you will not delete, remove, modify, or reverse engineer any BK watermark placed on the AI Generated Content, represent that the AI Generated Content was entirely human generated, or attempt to use the AI Generated Content in any way that deceives or is intended to deceive any person about use of the AI Technology.
The MDW AI Services will allow you to share your AI Generated Content, including the standalone AI Generated Whopper Image and the AI Generated Whopper Ad/Commercial once you have finalized your MDW Whopper ingredients list. You acknowledge and understand that by sharing your AI Generated Content, other users, including other entrants into the Contest, will be able to see the AI Generated Content that you’ve shared, including your name, if provided, and some or all of the ingredients that you have placed on your MDW Whopper, including any Contest entry, if shared.
BK may also share any AI Generated Content to the BK social media channels and/or on any BK advertising. By using the MDW AI Services, you grant BK an irrevocable, perpetual, worldwide, and royalty-free license to the AI Generated Content that you created using the MDW AI Services, for any purpose, including commercial use. You understand and acknowledge that BK is authorized, but not obligated, to share your AI Generated Content on its social media channels or on any advertising, and that BK may edit your AI Generated Content to conform with technical requirements and brand standards without your approval or any compensation to you.
DO NOT USE THE MDW AI SERVICES ‘SHARE’ FUNCTIONALITY IF YOU DO NOT WISH TO SHARE YOUR AI GENERATED CONTENT PUBLICLY AND POSSIBLY HAVE IT DISPLAYED ON ONE OR MORE OF BK’S SOCAL MEDIA CHANNELS AND ADVERTISEMENTS.
YOUR USE OF THE MDW AI SERVICES AND AI GENERATED CONTENT IS ENTIRELY AT YOUR OWN RISK. BK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE MDW AI SERVICES, INCLUDING, WITHOUT LIMITATION, THE AI GENERATED CONTENT, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON OR THROUGH THE MDW AI SERVICES. BK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE MDW AI SERVICES (INCLUDING WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE MDW AI SERVICES) OR THE OUTPUT OF THE MDW AI SERVICES (INCLUDING, WITHOUT LIMITATION, THE AI GENERATED CONTENT) WILL BE NON-INFRINGING, OF SATISFACTORY QUALITY, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, RELIABLE, TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. FURTHER, THERE IS NO WARRANTY THAT THE MDW AI SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY.
FURTHERMORE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE OUTPUT OF THE MDW AI SERVICES INCLUDING (WITHOUT LIMITATION) THE AI GENERATED CONTENT, TEXT, LOGOS, NAMES, IMAGES, AND SLOGANS, HAVE NOT BEEN REVIEWED BY BK FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, FOR ACCURACY, COMPLETENESS, BIAS, OR INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT. BK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE OUTPUT OF THE MDW AI SERVICES IS NON-INFRINGING WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY OR OTHER RIGHTS OR THAT SUCH OUTPUT IS OTHERWISE APPROPRIATE TO BE SHARED PUBLICLY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION TO PUBLISH, DISTRIBUTE, SHARE, OR OTHERWISE DISPLAY OR TRANSMIT (COLLECTIVELY “SHARE”) ANY OUTPUT OF THE MDW AI SERVICES AND, AS SUCH, THAT YOU (AND NOT BK) SHALL BE SOLELY RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS THAT YOU RECEIVE RELATED TO OUTPUT THAT YOU HAVE SHARED.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Please be aware that the MDW AI Services and AI Technology contain limitations and may contain errors or inaccuracies. The MDW AI Services are provided solely for entertainment purposes and should not be used for any other purpose. Sample errors/inaccuracies and limitations include, not all ingredient toppings appearing on your AI Generated Whopper Image; ingredient toppings that you did not input appearing on your AI Generated Whopper Image; same ingredient toppings being visualized differently from image to image; and same or similar AI Generated Content, including the AI Generated Whopper Image, being produced for more than one user. Additional limitations of the MDW AI Service may include not recognizing certain ingredients toppings that you would like to include on your MDW Whopper for submission into the Contest.
IN NO EVENT SHALL BK, ITS OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, AFFILIATES, OR ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE MDW AI SERVICES, INCLUDING WITHOUT LIMITATION ANY BK CONTENT OR AI GENERATED CONTENT, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF BK SERVICES, INCLUDING THE MDW AI SERVICES, OR TO YOUR DOWNLOADING OF ANY AI GENERATED CONTENT. IF APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN BK’S LIABILITY FOR SUCH DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY CLAIM AGAINST BK SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE MDW AI SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF BK.COM/MDW, THE MDW AI SERVICES, THE AI GENERATED CONTENT, OR ANY OTHER SERVICES PROVIDED BY BK.
As between BK and you, BK is the sole and exclusive owner of all right, title, and interest in and to the MDW AI Services and any and all AI Generated Content, including without limitation, the BK and Whopper images, the BK trademark(s), the BK trade name and all related trademarks, logos, product names, designs, slogans, and other intellectual property, whether registered or not (“BK IP”) that forms part of the MDW AI Services and any AI Generated Content. BK grants you a limited license to use the MDW AI Services, the AI Generated Content, and any BK IP incorporated therein, for personal, non-commercial uses that do not violate these AI Terms of Use or the BK Terms. BK expressly reserves the right, in its sole discretion, to revoke this limited license if you fail to comply with the AI Terms of Use, the BK Terms, or if you use the BK IP, MDW AI Services, or the AI Generated Content in any way that (a) defames or violates any rights of BK; (b) violates any law or third-party right; or (c) violates any of the MDW AI Services prohibited content and activities, including but not limited to any false, misleading, threating abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise bigoted content. You have no right, license, or authorization with respect to BK IP except as expressly set forth in these AI Terms of Use. If you are deemed under appliable law to have any right, title or interest in the MDW AI Services or the AI Generated Content, other than as set forth in these AI Terms of Use, you agree to assign those rights to BK in writing immediately upon request.
BK IP is protected under the copyright laws of the United States, Canada and other countries. You acknowledge that all copyrights and other intellectual property rights related to the MDW AI Services are owned by BK or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. For clarity, you agree not to, and not to permit any third party to, remove any copyright, trademark or other proprietary rights notice (including any BK watermark) contained in the MDW AI Services or the AI Generated Content; reproduce, distribute, modify, create derivative works of the MDW AI Services or the AI Generated Content; reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the BK IP except as expressly authorized in these AI Terms of Use; and/or otherwise violate or infringe the proprietary rights of BK in and to the BK IP at any time.
BY ACCESSING AND USING THE MDW AI SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS.