McDonald’s 2013 Xbox One 12/5 Social Media Sweepstakes Official Rules
THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. A Twitter Account, Internet Access and a Valid Mailing Address Are Necessary to Participate.
BY PARTICIPATING, 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 SOCIAL MEDIA SWEEPSTAKES (DEFINED BELOW) WILL BE DECIDED BY BINDING ARBITRATION (See Rule 8E: Arbitration).
If you choose to participate via a mobile device: Message and data rates may apply as per your mobile/wireless carrier’s rate plan. Such rates may apply even if use of your mobile device does not result in Sweepstakes entry. Internet access may not be available on all wireless carriers or in all areas.
1. PROMOTION OVERVIEW: The McDonald’s 2013 Xbox One 12/5 Social Media Sweepstakes (the “Social Media Sweepstakes”) begins at or after 8:00:00 p.m. Pacific Time (“PST”) on or about December 5, 2013, and ends at 9:59:59 p.m. PST on December 5, 2013 (the “Entry Period”) for a chance to win prizes (“Prizes”) as described in Rule 5 below. A person participating in the Social Media Sweepstakes is a participant (“Participant”). During the Entry Period, Participants will need to share a photograph or Vine video in a tweet with the #WinAtMcDs hashtag (each an “Entry”) to be considered, all as more fully described in Rule 3 below. Limit one Entry per Participant per day during the Entry Period. Each Participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of McDonald’s USA, LLC (“Sponsor”), which shall be final and binding in all respects.
2. ELIGIBILITY: The Social Media Sweepstakes is open only to residents of the fifty (50) United States and District of Columbia (DC) (“Territory”) who are eighteen (18) years of age and older at time of Entry and who are invited attendees of the McDonald’s and Nylon Party at Quixote Studios, 1011 North Fuller Ave., West Hollywood, CA, on December 5, 2013. A Participant must have a Twitter account, Internet access and a valid email address at the time of entry to participate. Persons in any of the following categories are NOT eligible to participate: any persons who on or after November 1, 2013, was or is (a) a McDonald's restaurant franchise owner, or a director, officer, employee, agent, or independent contractor of a McDonald's franchise restaurant; (b) a director, officer, employee, agent, or independent contractor of Sponsor or Microsoft Corporation (“Microsoft”), or their respective parent companies, subsidiaries, affiliated companies or service agencies; (c) employees, directors, or officers of any entity engaged in the development, production or administration of the Social Media Sweepstakes; and (d) 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:
A. Entry Submission: Each Participant must have a valid Twitter account and be a follower of @McDonalds to participate in the Social Media Sweepstakes. A Twitter account can be opened at no cost at www.twitter.com. If you already have a Twitter account, log in using your Twitter name and password, then become a follower of the official McDonald’s USA page on Twitter at https://twitter.com/mcdonalds by clicking on “follow” (if you do not already follow @McDonalds). All Entries must comply with these Official Rules and the Twitter Rules and the Terms of Service of Twitter; all terms and conditions of Twitter apply. To enter, share a photograph or Vine video in a tweet, depicting how excited you would be to win an Xbox One, and using the #WinAtMcDs hashtag. By tweeting the hashtag, you are confirming that you are 18 years of age or older, that you reside in the fifty (50) United States or District of Columbia, that you are otherwise eligible to enter this Social Media Sweepstakes and that you have read and you agree to the Official Rules. Additional requirements for Entries: (i) Entries must be public and NOT a private message; (ii) use of retweets is prohibited; (iii) only one (1) Twitter account may be used to participate and use of multiple accounts will result in disqualification; and (iv) Entries must be in English. There is a limit of one (1) Entry (tweet) per Participant per day. In case of dispute, Entry will be deemed made by the authorized account holder of the Twitter account used to submit the Entry (provided that person is also eligible in accordance with these Official Rules, with such determination being made by Sponsor in its sole discretion).
Sponsor, at its sole discretion, may accept or disqualify an Entry that contains either a technically incorrect required unique term or content in addition to the required content. Entries that are not both actually visible and received by Sponsor will not be entered into Sweepstakes. For purposes of this Sweepstakes, an Entry is “received” when the Twitter web site records your Entry and it is visible to Sponsor and appears in the #WinAtMcDs Twitter stream. Incorrect and/or incomplete Entries, Entries received outside the Entry Period and/or Entries that contain obscene, offensive, or any language communicating messages inconsistent with the positive images to which Sponsor wishes to associate (all as determined by Sponsor in its sole discretion) will be void.
Entries must meet the following requirements: Entry cannot be sexually explicit or suggestive, violent, derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; Entry cannot be obscene or offensive, endorse any form of hate or hate group; Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; Entry cannot contain trademarks, logos or trade dress owned by others or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples") without permission; Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than Participant, without permission; Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and Entry cannot depict, and cannot itself, be in violation of any law.
BY SUBMITTING AN ENTRY, PARTICIPANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON ONE OR MORE OF SPONSOR’S WEBSITES, IN SPONSOR’S DISCRETION. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Website(s). By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the Participant.
YOU CAN ALWAYS CHOOSE TO DISCONTINUE FOLLOWING SPONSOR OR CANCEL OR OTHERWISE DISCONTINUE YOUR TWITTER ACCOUNT, BUT THIS MAY AFFECT YOUR ELIGIBILITY TO COMPETE FOR OR WIN A PRIZE.
B. Entry Restrictions: Note: Sponsor may not receive entries from Twitter users with “protected” updates (i.e., user has set their account so that only people the user has approved can view their updates), due to how Twitter operates its service. Entries, once received, become the sole property of Sponsor and will not be acknowledged or returned. No questions relating to the Social Media Sweepstakes will be accepted, acknowledged or answered. No form of Entry other than as stated in these Official Rules will be accepted. Entries that do not meet the requirements of these Official Rules may be disqualified. There is a limit of one (1) Prize per family/address/household during the Entry Period.
4. PRIZE WINNER DETERMINATION/NOTIFICATION: A random drawings will be conducted on or about December 5, 2013. The Winner will be selected from among all eligible Entries received during the Entry Period. Non-winning eligible Entries from the earlier random drawings will be rolled over and eligible for a chance to win in the larger McDonald’s Xbox One Twitter Giveaway [found here: http://mcdonalds.posthaven.com/mcdonalds-xbox-one-twitter-contest]. One (1) potential Prize winner will be selected in the random drawing, with the random drawing to be conducted by an independent judging organization selected by Sponsor, whose decisions will be final in all matters. Odds of winning a Prize in a drawing depend on the total number of eligible Entries received during the Entry Period for that drawing.
Each potential Prize winner will be notified on the day of or the following business day of the random drawing via on-site announcement or private (direct) message to his/her Twitter account. Participants must “follow” the Official McDonald’s Twitter Page to receive the private (direct) message sent on Sponsor’s behalf if their Entry is selected in a random drawing. To remain eligible to win Prize(s), recipient of private (direct) message must follow instructions and respond to private (direct) message with his/her complete contact information within twenty-four (24) hours of transmission; failure to timely respond may result in disqualification with an alternate winner being selected (time permitting).
5. PRIZES/APPROXIMATE RETAIL VALUE:
Prize: One (1) Microsoft Xbox One Console. ARV of Prize: $499.99. Odds of winning the Prize depend on the total number of eligible Entries received during the Entry Period.
The following applies to all Prizes in this Social Media Sweepstakes:
All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. All taxes (federal, state and local) and other expenses not specified in these Official Rules as being provided as part of the Prize are the sole responsibility of each winner. Sponsor will not replace any Prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other incorrect contact information. No transfers, Prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated Prize or portion thereof with another Prize or portion thereof of equal or greater value for any reason, including, without limitation, Prize unavailability. No more than the stated number of Prizes will be awarded. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the Prize. Prizes will only be mailed or otherwise provided to verified winner’s addresses in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole discretion.
6. GENERAL CONDITIONS/RELEASE OF LIABILITY: Entry in the Social Media Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. As a condition of entering the Social Media Sweepstakes, each Participant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Social Media Sweepstakes, Prize fulfillment and complying with applicable laws, regulations and rules. Participant agrees that: (a) Sponsor, Microsoft and each of their respective subsidiaries, affiliates, owners, shareholders, officers, directors, agents, representatives and employees), each of their respective parent, subsidiary, and affiliated companies, franchisees, and each of their respective officers, directors, employees, representatives and agents (individually and collectively “Sweepstakes Entities”) are and will be released from and indemnified for, will have no liability whatsoever for, and shall be held harmless by Participants against any liability for any injuries, losses or damages of any kind (whether due to negligence or otherwise) to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize or participation in this Social Media Sweepstakes or any Sweepstakes related or travel related activities; and (b) that Sweepstakes Entities 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, with respect to any Prize, and THE SWEEPSTAKES ENTITIES HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. By accepting a Prize, each winner grants permission to Sponsor and those acting under its authority the irrevocable, sublicensable, absolute right and permission to the use of his/her name, picture, likeness, voice, biographical information, statements and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in Sponsor’s sole discretion), at any time or times, in perpetuity, for advertising, trade, publicity and promotional purposes without additional compensation (except where legally prohibited), in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim the Prize and any liability and publicity which might arise from claiming or seeking to claim said Prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Social Media Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules will prevail, govern and control.
7. LIMITATIONS OF LIABILITY: Sweepstakes Entities are not responsible for lost, late, incomplete, stolen, misdirected, non-delivered, separated or illegible Entries; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/Web site/use net accessibility, availability, or traffic congestion, or any technical error, or any program or programming error or failure, or unauthorized human intervention, or the incorrect or inaccurate capture of Entry, or other information, or the failure to capture, or loss of, any Entry or other nformation. Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Social Media Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to, or use of Twitter. The preceding includes but is not limited to Sponsor’s failure to receive any Entries and/or the failure of a potential winner to timely receive private (direct) message from Sponsor due to the filtering or other technology of Twitter. Social Media Sweepstakes Entities are not responsible for errors of any kind whether human, mechanical, electronic, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Social Media Sweepstakes, the processing of Entries and/or the announcement or contacting of potential Prize winners. Any use of robotic, automatic, macro, programmed or third party Entry methods will void all such Entries by such methods and constitutes tampering. Sweepstakes Entities are not responsible for injury or damage to Participants' or to any other person's computer or digital device related to or resulting from participating in this Social Media Sweepstakes.
Sweepstakes Entities are not responsible for any changes or unavailability of the Twitter platform that may interfere with the Social Media Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor's ability to use the Twitter platform for the Social Media Sweepstakes as set forth herein that are not acceptable to Sponsor).
A. Disqualification: It is solely the Participant’s responsibility to ensure they have complied in full with all of the conditions and requirements contained in these Official Rules. If any potential Prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Prize for any reason prior to award, such potential Prize winner will be disqualified and an alternate Prize winner may be selected. 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 Social Media Sweepstakes, in whole or in part, or modify, suspend or extend the Social Media Sweepstakes in any way if it determines, in its sole discretion, that the Social Media Sweepstakes is impaired or corrupted or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses or other deleterious Social Media Sweepstakes or materials, glitches or printing or production errors) have destroyed or severely undermined the proper play, integrity, and/or feasibility of the Social Media Sweepstakes. In the event Sponsor is prevented from continuing with the Social Media Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, 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, extend or terminate the Social Media Sweepstakes and award the Prizes in a manner deemed fair and appropriate solely by Sponsor. Only the type and quantity of Prizes described in these Official Rules will be awarded.
C. Invalidity: The invalidity or unenforceability of any provision of these Official 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 Official 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. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor.
D. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and Sponsor and/or Sweepstakes Entities in connection with the Social Media Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of Illinois including procedural provisions 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 or jurisdiction’s laws.
E. Arbitration: By participating in this Social Media Sweepstakes each Participant (and his/her parent/legal guardian if the Participant is a minor) agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against the Sweepstakes Entities arising out of, relating to, or connected in any way with the Social Media Sweepstakes, 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 USC. §§ 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 Social Media Sweepstakes; (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 Game Entities’ 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 Game Entities 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 Game Entities 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. Prize winners List: To receive an Official Winners List, mail a self-addressed stamped envelope to: McDonald's 2013 Xbox One 12/5 Social Media Sweepstakes Prize Winners List Request, P.O. Box 1132, Chicago, IL 60690, for receipt by January 15, 2014.
10. Official Rules: Please refer to Official Rules at the following link: http://mcdonalds.posthaven.com/mcdonalds-at-mcdonalds-xbox-one-twitter-contest
11. SPONSOR: McDonald’s USA, LLC, 2111 McDonald’s Drive, Oak Brook, IL 60523.
©2013 McDonald's. All Rights Reserved. This Sweepstakes is not sponsored, endorsed, administered by or associated with Microsoft or Twitter, Inc.