Rules

"Ultimate ButterBurger® Build-Off Contest" (the "Contest") Official Contest Rules

"Ultimate ButterBurger® Build-Off Contest" contest

Contest is open to legal residents of the continental United States, who are Eighteen (18) years of age or older and who are located in the continental United States at the time of entry. Do not enter this contest if you do not meet the eligibility requirements. The Contest shall be construed according to, and governed exclusively by, Wisconsin law.

NO PURCHASE OR ENTRY FEE IS REQUIRED TO PARTICIPATE IN THE

CONTEST.

Note: Winner and guests must be willing to travel to Prairie Du Sac, Wisconsin and be available to participate in the prize trip by September 20, 2010, pursuant to the terms and conditions set forth herein.

PROMOTION DESCRIPTION: The contest begins on May 31, 2010 at 12:01 a.m. Central Daylight Time ("CDT") and ends on June 30, 2010 at 10:59 p.m. CST (the "Promotion Period").

By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the sponsor of the Contest, Culver Franchising System, Inc., (hereinafter referred to as "CFSI" or "Sponsor"), 1240 Water Street, Prairie Du Sac, Wisconsin 53583, which rules and decisions are subject to change at any time, without notice, and which rules and decisions shall be final and binding in all respects unless and until changed by CFSI.

ELIGIBILITY: Contest is open to legal residents of the continental United States who are Eighteen (18) years of age or older and who are located in the continental United States at the time of entry. No purchase is necessary to enter the Contest. A purchase or payment of any kind will not increase your chances of winning.

CFSI, its officers, directors and employees, and respective parents, subsidiaries, affiliated companies and franchisor, representatives, agents or employees and the Judge(s) are not responsible for, and shall be held harmless and indemnified by, the prize winners and entrants against any claims, injuries, losses or damages of any kind, including but not limited to attorneys' fees, resulting from acceptance, use, misuse, possession, or loss of the prize, from the Contest, and from any and all use of the Recipe Entries. Void where prohibited or restricted by law. Subject to all federal, state and local laws.

HOW TO ENTER: To enter online, visit the website www.contest.culvers.com (the "Website"), enter a ButterBurger recipe (the "Entry") 200 words or less, and fully complete the Official Registration Form during the Promotion Period. Each Entry must comply with these Official Rules.

CFSI is not responsible for entries not received due to electronic or technical reasons beyond its control. Filtering software will check each entry for compliance with the size limits. Entries that do not meet those criteria will be automatically rejected. No mechanically reproduced, software generated or other automated multiple entries are permitted. Sponsor reserves the right not to publish any recipe on the Website or remove any recipe from the Website for any reason, as it shall determine in its sole discretion.

All entries must be received by no later than June 30, 2010, the end of the Promotion Period, in order to participate. In case of a dispute over the identity of an entrant who made a potentially winning entry, Sponsor reserves the right, in its sole discretion, to deem that the entry was made by the registered subscriber of the email address submitted at the time of entry. All requested information on the entry form must be completed to enter and to be eligible to win. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. Any communication, data or other information transmitted by an entrant in connection with the Contest, whether by electronic mail, data survey/query or otherwise, is and will be treated as non-confidential and non-proprietary. Entries become the exclusive property of the Sponsor.

RECIPE CONTENT: Entry must meet all of the following requirements or it will be disqualified:

Entry recipe must include a beef patty and edible ingredients.

Entrant is solely responsible for the Entry he/she submits for the Contest.

Entry must be original (created by the entrant) and unpublished.

Entrant may be required to provide documentation in a form acceptable to Sponsor evidencing such rights.

Entry must be in English.

Entry may not contain any confidential information.

Entry must not violate third-party rights including, but not limited to: copyrights, including music copyrights, trademark, and right of publicity. Do not use any third-party trademarks, company names or logos.

Entry must not include unsuitable content; obscenity; disparagement; defamation; libel threats; pornography; harassment; racial, ethnic, or sexual slurs; other offensive conduct or material, or otherwise include inappropriate or unlawful content, as determined in the Sponsor's sole discretion.

Entry must not include or contain advertising or solicitations of business.

Entrants must pass along all rights for usage to CFSI.

All Entrants in the Contest must be Eighteen (18) years or older.

Entrant agrees to provide proof of any and all permissions, consents, or rights required under these Rules or eligibility at any time at the request of the Sponsor. Failure to do so will result in disqualification of the Entrant and the Entrant's Entry.

All entries become the sole property of CFSI. By submitting an entry for the Contest, Entrant agrees that CFSI has the non-exclusive, worldwide, royalty-free, licensable, transferable, and unrestricted right to use the Entry in whole or in part, commercially or noncommercial, in any media, in perpetuity, worldwide, including the right to publish and display the Entry for advertising and publicity, and to edit and make derivative works, all without additional notification, review, approval or compensation to anyone, including Entrant. Additionally, Entrant agrees that CFSI may post the Entry (including your name and picture), or any portion thereof, on the Website and/or its webpages on third-party sites, and/or use in any media.

JUDGING: Judging will be done in two parts. First, from May 31, 2010 through June 30, 2010, visitors to contest.culvers.com can vote for Entries (one vote per recipe, once a day). The fifty [50] Entries that receive the most number of votes will then be judged by a panel of judges after the entry period has closed on June 30, 2010 and judging will be complete by July 12, 2010. The Judges are employees of the Sponsor and employees of the advertising agency of Sponsor.

The Judge's decisions are final and may not be contested or disputed, however, Judges or Sponsor may change the Judge's at any time, for any reason, even after the winner is elected. Criteria for judging will include, but not necessarily be limited to:

Originality

Creativity

Taste appeal

GRAND PRIZE: The following, single Grand Prize will be awarded: a trip to Prairie Du Sac, Wisconsin for winner and three guests to participate in the "Culver's Experience." The Culver's Experience consists of a visit to the CFSI home office to work in the test kitchen with Culver's employees and Culver's founder and to visit the original Culver's Restaurant in Sauk City, Wisconsin to sample the winning recipe with restaurant guests. Entrant must participate in the Culver's Experience to be eligible to receive the Grand Prize. Air travel to Prairie Du Sac from a location in the continental United States, rental car, hotel stay for two (2) nights up to two rooms, and $1,500 cash prize are included in the prize. (Prize value not to exceed $10,000). Travel and kitchen experience must occur by Monday, September 20, 2010. Travel dates to be determined by CFSI.

The Culver's Experience may be recorded and/or photographed for promotional purposes. Entrant agrees that CFSI has the non-exclusive, worldwide, royalty-free, licensable, transferable, and unrestricted right to use the Culver's Experience videos or photographs in whole or in part, commercially or noncommercial, in any media, in perpetuity, worldwide, including the right to publish and display the Culver's Experience video and photographs for advertising and publicity, and to edit and make derivative works, all without additional notification, review, approval or compensation to anyone, including Entrant.

Winners will be notified by email or telephone at the phone number or e-mail address submitted in the online registration form within ten (10) business days of July 12, 2010. The Grand Prize winner will be required to sign and return, within five (5) days of the date of notice or attempted notice sent, an Affidavit of Eligibility and Liability and Publicity Release in order to claim his/her prizes. If the Grand Prize Winner cannot be contacted, does not respond within five (5) days, or the prize notification is returned as undeliverable, that Winner forfeits all rights to any prize and an alternate Grand Prize Winner may be selected. If it is not possible to award a Grand Prize Winner because of circumstances beyond Sponsor's control, including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected, Sponsor, in its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein and/or Sponsor may reschedule the "Culver's Experience" to a later date. If a random drawing needs to be conducted, only the stated number of prizes will be awarded. Prizes are non-transferable, non-negotiable, non-divisible, and not redeemable for cash, credit or nonstated merchandise unless otherwise stated in writing or agreed to in writing by the Sponsor.

GENERAL PRIZE CONDITIONS: The Grand Prize Winner is solely responsible for all federal, state and local taxes, and for any other fees or costs associated with the prize awarded.

The Grand Prize Winner may receive an IRS Form 1099 or equivalent from CFSI. All expenses following receipt and use of prize are the sole responsibility of the Grand Prize Winner.

WAIVER AND RELEASE: By entering the Contest, you agree for you and for your heirs, executors, administrators, assigns, trustees and anyone else making a claim by, through, or under you, including but not limited to any guest(s) who you choose to participate in the Culver's Experience with you, which guest will also be required to enter into a similar agreement, to:

(a) Release and hold harmless Culver Franchising System, Inc., its respective parents and subsidiaries, agents, officers, employees, directors, managers, members, shareholders, and their respective advertising, promotion, production, webhosting, server and legal agencies, and the Judge(s) (collectively, the "Released Parties") against any claims, injuries, losses or damages or any kind, including reasonable attorneys' fees, whether caused by negligence or not, that may occur, result, or arise from, whether directly or indirectly, the acceptance, use, misuse, possession, or loss of the prize, from the Contest, from any and all use of the Entries, and/or from your participation in the Contest.

(b) Indemnify the Released Parties against any claims, injuries, losses or damages of any kind, including reasonable attorneys' fees, whether causes by negligence or not, that may occur, result, or arise from, whether directly or indirectly, the acceptance, use, misuse, possession, or loss of the prize, from the Contest, from any and all use of the Entries, and/of from your participation in the Contest.

(c) Acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to prizes, including express warranties provided exclusively by the prize supplier that are sent along with the prize.

(d) Be bound by these Official Contest Rules and to waive any right to claim any ambiguity or error in the Contest.

(e) Be bound by all decisions of the contest Sponsor and the Judge(s), whose decisions are in their sole discretion and are binding and final.

(f) Acknowledge that you are eligible to enter the Contest.

LIMITATIONS OF LIABILITY: Culver Franchising System, Inc., its respective parents and subsidiaries, agents, officers, employees, directors, managers, members, shareholders, and their respective advertising, promotion, production, webhosting. server and legal agencies, and the Judge(s) are not responsible for (i) lost, late, stolen, incomplete, misdirected, or illegible Entries; (ii) technical or computer failures, errors or data loss of network transmissions, inability to access any website or online service, or any other error or malfunction; (iii) unauthorized human intervention in any part of the entry process or the Contest or the processing of entries; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Contest.

CHANGES IN OFFICIAL CONTEST RULES AND CANCELLATION: CFSI reserves the right, at any time, for any reason, and without notice, to make changes in the Official Contest Rules, which will become effective upon announcement. If for any reasons, the Contest is not capable of running as planned, including by reason of a force majeure event, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or technical failure, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest and award the Grand Prize from among eligible entries received prior to the date of the withdrawal. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process of the operation of the game or website or to be action in violation of the Official Contest Rules.

PRIVACY: The information you provide in entering this Contest will be used for purposes of this Contest. Sponsor may share your information with its parents, subsidiaries, affiliates and franchisor for similar purposes. By entering the Contest you agree to this disclosure.

Your personal information will not be sold to third-parties. By entering the Contest you agree that the Sponsor may contact you regarding the Contest and other information about or products from Sponsor and may share your information with its parents, subsidiaries, affiliates and franchisor for similar purposes.

IF YOU DO NOT WANT TO SHARE YOUR PERSONAL INFORMATION, OR HAVE IT USED IN THIS WAY, PLEASE DO NOT ENTER THE CONTEST.

DISPUTES: Entrant agrees that: (i) any and all disputes, claims, lawsuits, or other legal claims or causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by a Court of competent jurisdiction by a federal court located in Madison, Wisconsin, and/or state court located in Sauk County, Wisconsin; (ii) jurisdiction for any and all claims relating to or arising out of the Contest shall be in the federal courts located in Madison, Wisconsin, and/or state courts located in Sauk County, Wisconsin; (iii) any and all claims, judgments, damages, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim or receive, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and entrant further waives any and all rights to have damages multiplied or otherwise increased.

THE FOLLOWING ARE NOT ELIBILE TO PARTICIPATE: Officers, directors, and employees of Culver Franchising System, Inc., or any of its parent, affiliated and subsidiary companies, or Franchisees and their employees, and any respective advertising and promotion agencies, and any other party that is directly involved with the development or implementation of this Promotion, as well as the immediate family members (spouse, parents, children, siblings, and their respective spouses) of employee and household members with whom they may reside (whether related or not).

WINNERS' NAMES: For written confirmation of the Grand Prize Winner, send a self-addressed, business-size, stamped envelope after June 30, 2010, but no later than September 30, 2010 to:

"Ultimate ButterBurger® Build-Off Contest"

Winner Confirmation Request

c/o Culver Franchising System, Inc.

1240 Water Street

Prairie Du Sac, WI. 53578