NO PURCHASE NECESSARY
TO PARTICIPATE OR WIN A PRIZE.
BY PARTICIPATING IN THIS SCAVENGER HUNT/SWEEPSTAKES (DEFINED BELOW) YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THE SCAVENGER HUNT/SWEEPSTAKES WILL BE DECIDED BY BINDING ARBITRATION (SEE RULE 8E).
1. SCAVENGER HUNT DESCRIPTION: Premium Monopoly® at McDonald’s® Scavenger Hunt (the “Scavenger Hunt”) begins on July 16, 2013 at 7:00 a.m. Central Standard Time (“CST”) and ends at midnight (12:00 a.m.) CST on July 30, 2013 (the "Scavenger Hunt Period"). The Scavenger Hunt will take place in Central Wisconsin (hereafter “WAUSAU”) Market. During the Scavenger Hunt Period, McDonald’s USA LLC (the “Sponsor”) will post 9 photos on Twitter featuring the Monopoly Uncle Pennybags Cutout, (hereafter “Uncle Pennybags”) each at a different location within the WAUSAU market. The Sponsor will post/share clues on Twitter to help participants (each a “Participant”) identify the location of each of the nine (9) Uncle Pennybags. The first consumer to identify the location of an Uncle Pennybags will receive a prize (see Rule 4 below). By participating, each Participant will be entered for the chance to win a $50 McDonald’s Arch Card. Each Participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
2. SCAVENGER HUNT ELIGIBILITY: The Scavenger Hunt is open only to residents of the WAUSAU Market area during the Scavenger Hunt Period and who are eighteen (18) years of age or older and a Twitter user at the time of participation. Persons in any of the following categories are NOT eligible to participate or win prizes in the Scavenger Hunt: (a) any person who on or after April 1, 2013 was or is a McDonald's restaurant franchise owner or employee or a director, officer, employee, agent, or independent contractor of: Sponsor; any of their respective parent companies, subsidiaries, affiliated companies or service agencies; and any entities retained by Sponsor for the administration of the Scavenger Hunt; (b) individuals who are engaged in the development, production or distribution of Scavenger Hunt materials or the prize supplier for the Scavenger Hunt; and (c) persons who are immediate family members (defined as spouse, IRS dependent, or biological, foster, adoptive or step- mother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who reside in the same household as, any person in any of the preceding categories.
3. HOW TO PARTICIPATE: Throughout the Scavenger Hunt Period, the Sponsor will post nine (9) photos of Uncle Pennybags, each in a different location, within the Central Wisconsin area. Sponsor will then tweet clues on local WAUSAU Twitter handle page (@McD_CentralWI) to help Participants find the locations. To participate, Participants use the clues to determine the location of an Uncle Pennybags, and then the Participant must post their answer to the WAUSAU McDonald’s Twitter handle, @McD_CentralWI with the hashtag #Monopoly. Participants do not need to travel to or visit the location(s), and need only identify and post the location in a Tweet @McD_CentralWI with the hashtag #Monopoly. The first Participant to correctly identify a location will win a $50 McDonald’s Arch Card. All Participants will also be entered into a random drawing that will take place on August 11, 2013. following the end of the Scavenger Hunt for the chance to win a $50 McDonald’s Arch Card.
4. PRIZE DETAILS /APPROXIMATE RETAIL VALUE (“ARV”) (NUMBER): Nine Location Prizes: The first eligible Participant to correctly respond with the location of a Monopoly Uncle Pennybags Cutout will receive a $20 McDonald’s Arch Card, (ARV: $20). One Drawing Prize: All eligible Participants will be entered into one (1) random drawing for the chance to win a $20 McDonald’s Arch Card (ARV: $20). The odds of winning any prize will be determined by a Participant’s skill in identifying an Uncle Pennybags location; the odds of winning the drawing prize the number of eligible Participants.
5. WINNER CONFIRMATION: the nine (9) location winners and the random drawing winner will be announced on the local WAUSAU Twitter handle (@McD_CentralWI) by midnight August 12, 2013. Winners must provide their contact information via Direct Message to Sponsor within one week of selection and announcement or be disqualified and the prize will be awarded to an alternate selected winner. Prizes will be shipped to the winner within 2-4 weeks of winner confirmation.
6. GENERAL CONDITIONS: By entering the Scavenger Hunt,
each Participant agrees to abide by and be bound by these Official Rules and
the decisions of the Sponsor and the independent judging organization, as
applicable. All such decisions shall be final, binding and non-appealable.
Prizes are non-assignable and non-transferable. No prize substitutions or cash
redemptions except as provided herein. Sponsor reserves the right in its sole
discretion to substitute any prize or portion thereof of equal or greater value
if any prize or portion thereof is unavailable for any reason. Details of
prizes or portions thereof not specified herein, if any, will be determined at
the sole discretion of Sponsor. Prizewinner shall be responsible for all
federal, state and/or local income taxes incurred in association with
acceptance of the prize. By participating in the Scavenger Hunt, each
participant agrees that the Sponsor and its respective parent companies,
subsidiaries, affiliated companies, Scavenger Hunt and advertising agencies and
official judges (the “Scavenger Hunt
Entities”) shall not be responsible or liable for any losses, damages or
injuries of any kind, including but not limited to those related to defamation,
portrayal in a false light or privacy rights, resulting from or in connection
with participation in the Scavenger
Hunt or from acceptance, receipt, possession and/or use or misuse of a
prize; and except where legally prohibited, winners grant Sponsor and/or its
designees the right to use of his/her name, photograph, likeness, voice, image
and biographical information and statements for advertising, trade, publicity
and promotional purposes without additional compensation, in all media now
known or hereafter discovered, worldwide and on the Internet and World Wide
Web, without notice, review or approval. This Scavenger Hunt is subject to all
applicable federal, state and local laws and regulations.
A. DISQUALIFICATION: It is the Participant's responsibility to ensure compliance in all respects with these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual who tampers with the prize claim processes or the operation of the Scavenger Hunt; acts in violation of these Official Rules; or acts in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Scavenger Hunt, or to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
B. FORCE MAJEURE: Sponsor reserves the right, without prior notice and at any time, to terminate the Scavenger Hunt, in whole or in part, or modify or suspend the Scavenger Hunt in any way, if it determines, in its sole discretion, that the Scavenger Hunt is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Scavenger Hunt. In the event Sponsor is prevented from continuing with the Scavenger Hunt as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Scavenger Hunt. If the Scavenger Hunt is terminated, in whole or in part, before the designated end date, Sponsor reserves the right to select the winners from among all eligible, non-suspect Entries received as of the date/time of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. If more winners than prizes at any level, random drawing from all eligible Entries will be conducted to award advertised number of prizes. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded.
C. INVALIDITY: These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Scavenger Hunt materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
D. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Participant, or Sponsor in connection with the Scavenger Hunt shall be governed by and construed in accordance with the internal laws of Wisconsin and Michigan without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
E. ARBITRATION DISCLOSURE: By participating in this Scavenger Hunt in the fifty (50) United States and D.C. each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against the Scavenger Hunt Entities arising out of, relating to, or connected in any way with the Scavenger Hunt, the awarding or redemption of prizes, or the determination of the scope, enforceability or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by the Participant and Sponsor; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Scavenger Hunt; (5) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the Participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the Participant and Sponsor shall be entitled to recover punitive, incidental and/or consequential damages only to the extent permitted by law (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the Participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org or contact AAA at 1633 Broadway, 10th Floor, New York, New York 10019.
9. WINNERS LIST: To receive an Official Winners List for the Scavenger Hunt, mail a self-addressed stamped envelope to: WAUSAU Premium Monopoly at McDonald’s Scavenger Hunt Winners List Request, 330 E. Kilbourn Ave. Suite 1000, Milwaukee, WI 53202. The Winners List request must be received by October 15, 2013 and will be fulfilled following the awarding of prizes.
10. SPONSOR: McDonald’s USA, LLC, 2111 McDonald’s Drive, Oak Brook, IL. 60523.
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