NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Burger King® brand (“BK” or “Burger King”) is looking for the next Whopper® sandwich idea to become America’s favorite burger and will offer a $1,000,000 prize to one entrant. To participate, "Entrants” (defined in Section 1 below) must sign up for BK® Royal Perks and may submit up to three (3) “Contest Entries” with their suggestions for a Whopper® sandwich that includes between 3-8 "Toppings” (the “Whopper Idea”). Burger King will assess the Whopper Ideas based on feasibility, popularity, and innovation, and select three Whopper Ideas, each with a distinctive build, as Million Dollar Whopper Contenders (“MDW Contender”). Burger King expects that many Entrants will submit Contest Entries that match the three selected MDW Contenders, and if so, it will select a "Finalist” to represent each one of the selected MDW Contenders by conducting random drawings from all of the matching Contest Entries. Finalists will collaborate with Burger King to create a restaurant-ready version of their MDW Contenders, to be offered in participating U.S. restaurants sometime in November 2024 as a Limited Time Offer (“LTO”). While the LTOs are available for purchase, members of the public will be able to vote for their favorite version online. The Finalist who represents the MDW Contender that receives the most votes will receive the $1,000,000 prize. The Finalists’ LTO Whopper sandwiches finishing in second and third place in the public voting will also receive a cash prize.
1. Eligibility: The Million Dollar Whopper® Contest (the “Contest”) is open only to Entrants who are legal residents of the fifty (50) United States and the District of Columbia who are at least the age of majority (at least eighteen (18) years old in most states and at least nineteen (19) years old in Alabama and Nebraska) and have enrolled in BK® Royal Perks at the time of entry.
Employees of Burger King Company, LLC, its franchisees, marketing and advertising agencies, social media influencers, vendors, suppliers, Merkle Inc., Media.Monks, and any of their respective parent and affiliate companies (herein “Released Parties”), as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. In addition, all persons engaged by Sponsor, its agencies, agents, vendors or affiliates to advertise or promote the Contest, or who chose to do so in response to a solicitation by Burger King or any other Released party, via social media platforms or any other means, are also not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor: Burger King Company LLC, 5707 Blue Lagoon Drive, Miami, FL 33126. Prize Administrator: Merkle Inc., 3000 Town Center, Floor 21, Southfield, MI 48075.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s decisions are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements, including consent to a confidential background check to confirm each potential winner’s eligibility and compliance with these Official Rules. Due to the nature of the prizes offered, if a background check reveals that any potential winner has engaged in conduct that could damage the reputation of or reflect unfavorably on the Burger King brand or any of the Released Parties, as determined by Sponsor in its sole and absolute discretion, the potential winner may be disqualified.
4. Timing of Contest: The Contest begins on February 5, 2024 at approximately 10:00 a.m. Eastern Time ("ET") and includes a Contest Submission Period and a Public Voting Period, as set forth in the chart below:
Entrants may submit up to three (3) Contest Entries from February 5, 2024 at 10:00 a.m. ET through March 17, 2024 at 11:59 p.m. ET.
From March 18, 2024 through mid-April 2024, Sponsor will judge Contest Entries to select three MDW Contenders, and if necessary, will conduct a random drawing to select the Finalist to represent the selected MDW Contender. In May 2024 (dates determined by Sponsor), Finalists will be invited to Burger King headquarters to help finalize a restaurant-ready version of their MDW Contender based on their respective Contest Entry to produce a LTO Whopper® sandwich that will be offered in restaurant.
Sponsor will offer online public voting of the three LTO Whopper® sandwiches, during the same period that they are available at participating Burger King restaurants in November 2024. Members of the public who have a BK® Royal Perks account will be able to vote for their favorite. Sponsor will publicize exact dates and timeframe for the online Public Voting Period on its website.
Sponsor's computer is the official time-keeping device for the Contest.
5. How to Submit a Contest Entry: During the Contest Submission Period, visit BK.com/mdw (“Site”), accept the Contest Official Rules, and follow the instructions to create and submit your Contest Entry.
Step 1: Entrant is presented with a bun and first selects either a 100% Flame Grilled Beef patty or an Impossible™ patty for their Whopper Idea. This selection is not part of the Entrant’s Contest Entry and will not impact the Sponsor’s assessment of the Whopper Idea for purposes of this Contest.
Step 2: Entrant must add at least three (3), but no more than eight (8) “Toppings” (see Toppings Guidelines section below) in order to create a Contest Entry.
*Million Dollar Whopper AI Tool: Each Topping submitted is reviewed by the Million Dollar Whopper AI Tool (“AI Tool”), which recognizes millions of edible items. However, due to system limitations, some Toppings that meet the requirements of these Official Rules will not be recognized by the AI Tool. If a Topping is “not recognized” Entrant can try submitting a Topping that closely approximates the intended taste and texture of the unrecognized Topping.
(d) The Site will allow Entrant to include any other edible food item as a Topping. However, Entrant should review the Toppings Guidelines section below for information concerning how the AI Tool will “sort” Toppings, Burger King’s assumptions about Toppings, and feasibility considerations that the Burger King Judging Panel will consider.
(e) The list of Toppings constitutes the Entrant’s Contest Entry. The order of the Toppings is not relevant to judging of a Contest Entry.
Step 3: Once Entrant has submitted and reviewed their Toppings, Entrant will be prompted to register or log into their BK® Royal Perks account. Joining BK® Royal Perks is free, but subject to its Terms and Conditions. Entrants may enroll and/or log into their BK® Royal Perks account by visiting https://www.bk.com/royalperks.
Limit: Each Entrant may submit up to three (3) Contest Entries during the Contest Submission Period. Contest Entries received from any person using multiple BK® Royal Perks accounts, or any other method that results in an individual submitting more than three (3) Contest Entries will be void and may result in disqualification of Entrant. Use of any automated system to participate is prohibited. Sponsor will disqualify any Entrant known or reasonably believed to have used an automated system or any other method that violates or undermines the intended entry process. In the event of a dispute as to the identity of an Entrant, Sponsor and Prize Administrator will rely on the information submitted by the Entrant to register for their BK® Royal Perks account to determine Entrant’s identity. If any additional information provided by Entrant is inconsistent with the information provided when enrolling in BK® Royal Perks, Sponsor may disqualify such Entrant and such disqualification will result in the forfeiture of any prizes. If you use a mobile device to enter the Contest, standard message and data rates may apply. Please consult your wireless service provider regarding its pricing plans prior to playing and entering via your wireless mobile device.
Entrant should select their Toppings with the following guidelines in mind.
(a) A Topping must be an edible food item. Edible means that the item is safe and suitable for human consumption.
(b) Each Topping is understood to be a single edible food item, of a sufficient size and/or quantity to impart the taste and flavor associated with the Topping.
(c) A Topping does not have to be a single ingredient, but rather can be a mixture of ingredients which is typically treated as a single item. For example, salsa, marinara sauce, and pesto all include multiple ingredients but are treated and available for sale as a single food item.
(d) If the Topping comes in different varieties and/or flavors, the variety should be listed. For example, blue cheese, granny smith apple, red onion.
(e) A Topping will be assumed to be in a food safe state of preparation common to a hamburger-based sandwich from a typical Burger King restaurant. For example, a Topping that lists bacon will be assumed to be cooked; whereas onion will be assumed to be a raw, sliced onion, unless a preparation method is specified.
(f) If the intent is to use a Topping more than once, such as two slices of American cheese, Entrant should list American cheese two times to reflect two (2) separate Toppings.
(g) Entrant may include a name brand Topping as part of their Whopper Idea; however, if the Whopper Idea is selected as an MDW Contender, and Burger King is unable to obtain a trademark license to use or advertise a particular Topping, Burger King will substitute a generic version of the Topping for use in the Limited Time Offer Whopper® sandwiches.
(h) Each Topping will be “sorted” as set forth in Section 7 (a) (i) based on the words entered when submitting the Contest Entry. For example, the following ingredients will all be treated as different Toppings during the sorting process:
(i) Toppings will be judged based on the feasibility of using the Topping on a hamburger-based sandwich prepared in a Burger King restaurant. Accordingly consider:
6. Not an Offer of Employment and Acknowledgement that Whopper Idea May Have Been Previously Developed: Nothing in these Official Rules is an offer or contract of employment of any kind with any entity, including Sponsor or any company associated with Sponsor. By submitting a Contest Entry, each Entrant agrees that their Contest Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the ideas and content contained in the Contest Entry on a non-confidential basis to anyone or otherwise use the ideas and content without any additional compensation or notification to Entrant. Entrant acknowledges that, by acceptance of Entrant’s Contest Entry, Burger King does not waive any rights to use similar or related ideas previously known to Burger King, or developed by its employees, or obtained from sources other than Entrant. Entrant acknowledges that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Burger King or any of the Released Parties and that no such relationship is established by any submission made pursuant to these Official Rules. Entrant also acknowledges that other Entrants may submit Contest Entries that are substantially similar, or identical, to the Entrant’s Contest Entry(ies). Entrant acknowledges that it does not have ownership rights to the Contest Entry(ies) submitted.
7. Finalist Determination, Finalist Requirements and Finalist Prize: Finalists will be determined according to the process set forth below.
A. Judging of Whopper Ideas and Selection of Finalists: Selection of Finalists will take place using the multi-step process set forth below.
(i) Initial Computerized Sorting of Contest Entries: After the conclusion of the Contest Submission Period, Sponsor will use a computer model to sort all Contest Entries based upon the commonality (high frequency) of the Toppings included and the uniqueness (low frequency) of the Toppings included. The sorting of the Contest Entries will result in an array of Whopper Ideas where the Toppings range from the most common Toppings to the most unique Toppings. Within the array, the model will sort the Whopper Ideas into three “Groups” as follows:
(a) Whopper Ideas with most common Toppings,
(b) Whopper Ideas with the most unique Toppings, and
(c) Whopper Ideas with a relatively equal combination of common and unique Toppings.
(II) Judging Panel Review: A panel of qualified judges with subject matter expertise, determined by Sponsor in its sole discretion, will review the Groups of Whopper Ideas, and utilize the following criteria to select one Whopper Idea from each Group, each a MDW Contender:
Feasibility: The Feasibility score will be based on the operational ease and practicality of incorporating the Toppings contained in the Whopper Idea. Evaluation criteria includes ingredient availability, sourcing, cost, and operational ease (i.e., preparation time, food storage requirements, compatibility with existing equipment and compliance with food safety/public health regulations and standards). The Feasibility Score is worth 40%
Innovation: The Innovation score of the Whopper Idea is based on its culinary creativity (i.e., how well it captures authentic flavors and highlights specific culinary traditions with a new twist, or combines Toppings in unexpected ways), its inventive taste profile, and visual appeal. The Innovation Score is worth 30%.
Popularity: The Popularity score is based on the expected appeal of the Whopper Idea to most Burger King customers. The Popularity Score is worth 30%.
Sponsor will not disclose any judging scores.
(III) Random Drawing to Select Finalists: Sponsor expects that there will be multiple Entrants who submitted Contest Entries that are the same or substantially similar to the three MDW Contenders selected by the Judges. If so, Sponsor will aggregate all Contest Entries that match or are substantially similar (as determined by the Sponsor in its sole discretion) to each MDW Contender. Prize Administrator will conduct random drawings including all Contest Entries that are the same or substantially similar to the applicable MDW Contender in order to select a potential Finalist to represent each MDW Contender Odds of being selected as a potential Finalist depend upon the number of Entrants who submitted the same or substantially similar Contest Entry for each respective MDW Contender. If there is only one single Entrant who has submitted a Contest Entry for a particular MDW Contender, then this Entrant will be deemed a potential Finalist.
b. Finalist Notification & Requirements: The potential Finalists will be notified by email on or about April 25, 2024. Each potential Finalist will be required to sign and return within three (3) days of the date the notice is sent a Declaration and Non-Disclosure Agreement (“Notice Document”) whereby Finalist (1) confirms that they meet eligibility requirements; (2) agrees to these Official Rules; (3) waives liability against all Released Parties; (4) agrees to a confidential background check to confirm that they have not engaged in conduct that could damage the reputation of Sponsor; (5) agrees to participate in collaboration with the Burger King culinary team to create a Limited Time Offer Whopper® sandwich that that can be mass produced using the Finalist’s Whopper Idea as its basis; (6) Finalist acknowledges that the final recipe for the Limited Time Offer Whopper® will be determined by Sponsor in its sole discretion; (7) agrees to be filmed during the Finalist trip (as described below), herein “Prize Footage,” and that Sponsor will own the Prize Footage and may use such Prize Footage, including Finalist’s name, photograph, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without any further notification or compensation due to Finalist, and (7) Finalist confirms that they have no ownership rights associated with the content of their proposed Whopper Idea and acknowledges that they will not receive any compensation or attribution related the Limited Time Offer Whopper® or any later developed Whopper® based on, or similar to the Finalists Whopper Idea.
If a potential Finalist cannot be contacted, fails to execute and return the Notice Document, provide requested information, or does not comply with these Official Rules, potential Finalist forfeits the opportunity to continue in the Contest and is disqualified from winning a prize. Additionally, if the background check reveals that a potential Finalist has engaged in conduct that could damage the reputation of Sponsor or any of the Released Parties, as determined by Sponsor in its sole and absolute discretion, Sponsor may disqualify such Finalist. If a potential Finalist is disqualified for any reason, a runner-up, selected using the process described above in Section 7 (a), may advance as a potential Finalist in the Contest in Sponsor’s sole discretion.
C. Three (3) Finalist Prizes: Each of the three (3) Finalists and their respective guests (one guest per Finalist) will receive a trip to Miami, FL to collaborate with the Burger King Culinary team to finalize a recipe for the Limited Time Offer Whopper® based on their Contest Entry, tentatively scheduled for May 2024, specific dates to be determined by Sponsor. Trip package includes round trip, business-class air transportation for two (2) (may be substituted for a coach travel, if business class is not available), for each Finalist and their respective guest, from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Miami, FL; four (4) nights' accommodations at a luxury hotel determined by Sponsor in its sole discretion (single room, double occupancy); private helicopter tour over Miami (all details determined by Sponsor; finalist and guest will be required to sign additional waivers), ground transportation to and from destination airport and hotel; $1,500 spending money and a check for up to $5,200 intended to assist with any federal, state, or other tax obligations related to this prize (the “Tax Gross-Up Payment”). The Grand Prize winner’s actual tax liabilities related to this prize could exceed the Tax Gross-Up Payment. Finalist is solely responsible for all applicable federal, state, or other tax obligations related to this prize. Sponsor will not provide any further assistance toward the Finalist’s tax obligations. Winner must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. If Finalist is unable to travel on the dates set by Sponsor, Finalist will forfeit all elements of the travel prize; however, Sponsor will arrange for video/phone consultations with the applicable Finalist to obtain Finalist’s input for the production of the LTO Whopper so that the Finalist may continue in the Contest. Finalists are obligated to work with Sponsor’s travel agent to book trip immediately upon winner confirmation. Travel and accommodations are subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, additional ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Winner must have proper identification and a valid credit card for hotel check-in and to cover incidental expenditures. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. By traveling and participating in this phase of the Contest, winner and winner’s guests voluntarily assume all risks related to exposure to COVID-19. Winner and travel companions are responsible for complying with any COVID-19 requirements set forth by airline, rental car vendor, hotels, excursion and event venues or other vendors offering services that are part of the trip prize. Failure to comply with any required COVID-19 requirements, may result in forfeiture of the prize of elements of the prize. Forfeiture of any aspect of the trip due to failure to meet these requirements will not impact the value of the trip as reported on an IRS Form 1099. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value (“ARV”): $17,300. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) Finalist Prize per household.
8. Prize Winner Determination and Prizes:
Winner will be announced in January 2025 and prizes will be fulfilled 4 – 6 weeks after the announcement. Each Winner will receive an IRS 1099 reporting the cumulative value of all prizes received. Winner is responsible for all taxes associated with the cumulative prize received.
9. Release: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, Media.Monks, Prize Administrator, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt, use inability to use or misuse of any prize, including any related travel.
10. Publicity: Acceptance of any prize shall constitute and signify each Finalist’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photos, Prize Footage, Contest Entry, image created by Sponsor associated with the Contest Entry, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Contest, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winner(s) from among all non-suspect, eligible Contest Entries received up to time of such action using the judging procedure outlined above in Section 7 (a) or alternate procedures determined by Sponsor that best replicate the sorting process described and/or randomly select at least 1000 Contest Entries and then judge as previously described. In addition, if terminated, Sponsor will modify the prizes offered. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest, to be acting in violation of the Official Rules of this promotion or in a disruptive manner and will void all associated Contest Entries. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: Released Parties are not responsible for:
13. Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Severability: If the application of any provision of these Official Rules to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Official Rules, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible. In addition, if any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.
16. Winner List: For a winner list, click Here. The winner list will be posted after winner confirmation is complete.