OFFICIAL RULES FOR THE NEXT BEST MOVESM CONTEST

NO PURCHASE REQUIRED TO ENTER OR WIN

  1. OVERVIEW: The Next Best Move Contest (the "Contest") is a promotion in which BURGER KING® invites you to showcase your best moves on the basketball court. You can either participate in person at events in forty-one (41) Markets across the United States, or you can submit your entry online. Visit www.thenextbestmove.com (the "Website") for a schedule of events and the online entry form. Entrants in each Market will compete against each other and one (1) Finalist will be selected per Market. (Online entrants will be treated as their own Market.) Then, the forty-two (42) Finalists will compete against each other for the Grand Prize.

  2. ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older. Notwithstanding the foregoing, the following individuals are not eligible to enter: (a) professional basketball players (defined as any player who receives compensation for playing basketball); (b) collegiate basketball players (defined as any player who plays basketball on a collegiate team); (c) employees of Burger King Corporation, its franchisees, licensees, subsidiaries, affiliates, parent companies, and employees of any agencies or entities involved with the Contest, including, but not limited to, Legacy Marketing Partners, Uniworld Group, Inc., Marketing Drive, Group M, and Tapestry (collectively, the "Promotional Parties"); or (d) the immediate family members (defined as biological or step-parent, grandparent, child, sibling, or spouse) of any of the such employees, and/or those residing in the same household of such employees.

  3. SPONSOR AND ADMINISTRATOR: The Promotion is sponsored by Burger King Corporation, 5505 Blue Lagoon Drive, Miami, FL 33126 (the "Sponsor") and administered by Legacy Marketing Partners, LLC, 640 North LaSalle Street, Suite 295, Chicago, IL 60654 (the "Administrator").

  4. AGREEMENT TO OFFICIAL RULES: By entering the Contest, you indicate your full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

  5. YOUR NEXT BEST MOVE: Whether you enter in person or online, there are some basic rules you need to follow on the court. If you don’t follow these rules, you may be disqualified from participating in the Contest.

    1. You may not engage in any behavior that is likely to result in an injury to yourself or anybody else.

    2. You may not use any props or objects, other than a basketball, to execute your moves.

    3. You may not wear any apparel with any prominent trademarks or logos visible. Any trademarks and logos must be covered with tape or another substance so that they are not visible to the camera. Apparel must be tasteful, as determined by the Sponsor, in its sole discretion.

    4. You may not use foul language, make obscene gestures, make defamatory statements, make any threats, or engage in any behavior that is offensive or indecent, as determined by the Sponsor, in its sole discretion.

    5. You have no more than one (1) other person on the court with you while the video is being filmed. That person must also be of the age of majority and must agree to comply with the requirements set forth herein.

  6. HOW TO ENTER IN PERSON: You may enter in person at any of the events in forty-one (41) Markets across the United States. Visit the Website for a list of locations, dates, and times. You will be asked to present a driver’s license or other form of identification, and to sign a registration form, an affidavit of eligibility, and a release form. (If you plan to have another person on the court with you, he/she must also sign a release form.) Once you have registered, you will have up to two (2) minutes to show your best moves on the court while you are filmed. The two (2) minutes of video footage will be edited down to thirty (30) seconds, at Administrator’s sole discretion. There is a limit of one (1) entry per person. Subsequent entries will be void.

  7. HOW TO ENTER ONLINE: Take (or have someone take) a video of yourself showing your best moves on a basketball court.

    1. The videos must not exceed thirty (30) seconds. The video file must be under 50 MB and be in one of the following formats: .mov; .wmv; .avi; .Mp4,; .3gp; or .mpeg.

    2. Your video must not: (i) contain any music; (ii) prominently feature any third-party trademarks or logos; (iii) violate any third party rights, including, but not limited to, copyrights and trademark rights; (iv) invade privacy rights or any other rights of any person, business, or group; (v) be obscene or indecent; or (vi) have been entered in any other contest or have been published or distributed in any other media. The Sponsor reserves the right to edit or refuse to post any video for any reason.

    3. Once you have created a video that meets each of the requirements set forth above, visit the Website and follow the instructions to submit your video. Entries must be submitted between 12:01 AM ET on January 15, 2010 and 11:59 PM ET on May 28, 2010. There is a limit of one (1) entry per person. Subsequent entries will be void. By submitting a video, you represent and warrant that: (i) you own all rights to the video, including, without limitation, the video or digital recording and the performance contained in the video; (ii) to the extent the video depicts any individual or features the voice of any individual other than yourself, you have obtained permission from the person appearing in the video to grant the rights to the Sponsor described in the "Sponsor's Rights to Entries" section below, and can make written copies of such permissions available to the Sponsor upon request; and (iii) the video complies with all requirements of these Official Rules.

  8. SPONSOR'S RIGHTS TO ENTRIES: By entering the Contest and allowing the Sponsor to film you or submitting a video online, you:

    1. Irrevocably grant to the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) 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 your video as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party.

    2. Forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor's use of your video, or require any further permission for the Sponsor to use the video.

    3. Agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the video, or any derivative works, infringes any of your rights as creator of the video, including, without limitation, copyrights, trademark rights, and moral rights.

  9. SELECTION OF SEMI-FINALISTS: A panel of Judges selected by the Sponsor will evaluate each of the entries according the following Judging Criteria: (a) Originality and Uniqueness (How original is the move based on frequency that it is found in basketball games?); (b) Level of Difficulty and Athleticism (How difficult is it for the move to be done by other players?); (c) Showmanship and Visual Appeal (How entertaining is the move and the individual executing the move?); (d) Defensibility and Complexity (How difficult is it to prevent the move from being executed?); and (e) Executability (How reasonable is it that this move can be executed during a real game?). The Judges will select five (5) Semi-Finalists per Market (including five (5) Semi-Finalists from among all online entrants, which will be treated as a separate Market). The Sponsor reserves the right to require a Semi-Finalist to submit a signed release from any person that appears in the Semi-Finalist’s video. If a Semi-Finalist does not submit a signed release as requested by the Sponsor in a timely manner, the Sponsor may, in its sole discretion, either disqualify the video or blur the image of the other person in the video.

  10. SELECTION OF FINALISTS: The Semi-Finalists from each Market will be posted on the Website for two (2) weeks and visitors to the Website will be invited to vote for their favorite entries according to the Judging Criteria. Check the Website for the exact voting schedule for each Market. There is a limit of one (1) vote per e-mail/IP address per day. The entrant with the most votes in each Market will be deemed a Finalist. In the event of a tie, the Judges will evaluate the entries in the tie and select the Finalist according to the Judging Criteria. If the Sponsor suspects any fraud, tampering, or any activity that the Sponsor believes may impair the integrity of the voting process, the Sponsor may, in its sole discretion, select the Finalists according the Judging Criteria without reference to the public votes.

  11. The forty-two (42) Finalists will be posted on the Website for two (2) weeks and visitors to the Website will be invited to vote for their favorite entries according to the Judging Criteria. Check the Website for the exact voting schedule. There is a limit of one (1) vote per e-mail/IP address per day. The entrant with the most votes will be deemed the Winner. In the event of a tie, the Judges will evaluate the entries in the tie and select the Winner according to the Judging Criteria. If the Sponsor suspects any fraud, tampering, or any activity that the Sponsor believes may impair the integrity of the voting process, the Sponsor may, in its sole discretion, select the Winner according the Judging Criteria without reference to the public votes. Except where prohibited, a potential winner may be required to sign and return an affidavit of eligibility and a liability/publicity release within fourteen (14) days. If a potential winner fails to return the required documents in a timely manner or is otherwise ineligible to receive the prize, an alternate entrant may be selected in his/her place according to the procedures set forth above.

  12. PRIZE: One (1) winner will receive: (a) $10,000 awarded as ten (10) American Express® gift cards worth $1,000 each; and (b) a feature in a basketball lifestyle magazine and website, as determined by the Sponsor in its sole discretion. The approximate retail value of the prize is $10,000. The magazine and website feature is subject to availability. Any prize details not specified above will be determined by the Sponsor in its sole discretion. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by the Sponsor in its sole discretion. The prize will be awarded solely to the person who is identified as the entrant on the registration form associated with the winning video. If another person is depicted in the winning video, that person will not receive any portion of the prize. The winner is responsible for any and all other costs and expenses not listed above. THE VALUE OF THE PRIZE WILL TREATED AS INCOME TO A WINNER AND THE WINNER WILL BE RESPONSIBLE FOR PAYMENT AND REPORTING OF ALL APPLICABLE TAXES.

  13. PRIVACY AND PUBLICITY: Information submitted by entrants online will be used for purposes of the Contest and treated in accordance with the Sponsor's Privacy Policy posted on the Website. Except where prohibited, participation in the Contest constitutes an entrant's consent to the Sponsor's use of his/her name, likeness, voice, opinions, biographical information, video submitted as an entry, and state of residence for promotional purposes in any media without further payment or consideration.

  14. 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 Contest Winners according to the Judging Criteria from among the eligible entries received up to the time of the impairment, with or without reference to the public votes. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process, the voting 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. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The "authorized account holder" is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted e-mail address. The Contest is subject to all applicable laws and regulations and is void where prohibited.

  15. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless the Promotional Parties, their respective officers, directors, employees, and agents (the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an entry; (b) unauthorized human intervention in the Contest or voting process; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest, or the processing of entries or votes; or (f) injury, death, 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. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

  16. DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Florida. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Florida, without giving effect to any choice of law or conflict of law rules (whether of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Florida.

  17. RESULTS: The winner will be posted on the Website.