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
Email Address Are Necessary to Participate.
EACH
PRIZE WINNER (AND ANY MINOR PRIZE WINNER’S PARENT OR LEGAL GUARDIAN FOR HIMSELF
OR HERSELF AND ON BEHALF OF THE MINOR) MAY BE REQUIRED TO PARTICIPATE IN THE
PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, AS MORE
FULLY DETAILED BELOW.
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 9E:
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 U.S. Soccer Social
Media Sweepstakes (the “Social Media Sweepstakes”) consists of
two (2) promotions (one associated with the @McDonalds Twitter handle and one
associated with the @MeEncanta Twitter handle), each of which begins at or
after 12:00:00 a.m. Eastern Time (“ET”)
on or about June 15, 2013 and ends at 11:59:59 p.m. ET on June 25, 2013 (the “Entry Period”) for a chance to win
prizes (“Prizes”) found in Rule 5
below. To participate, follow the official McDonald’s USA twitter page at https://twitter.com/mcdonalds
(“McDonald’s Twitter Page”) and, during the Entry Period, tweet, via an @reply to
@McDonalds or @MeEncanta, the answer to the question of the day with the
hashtag #McDSoccer (each an “Entry”),
all as more fully described in Rule 3 below. You can find the current question of the day
at the McDonald’s Twitter Page. A person
participating in the Social Media Sweepstakes is a participant (“Participant”). Limit one entry per handle
at (@McDonalds or @MeEncanta) per day. 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. (The Social Media Sweepstakes is completely independent
from the McDonald’s® 2014 FIFA World Cup Brazil™ Sweepstakes, which is a separate promotion
offering different prizes with its own odds of winning.)
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
twenty-one (21) years of age and older at time of Entry. 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 January 1, 2013 (a) was or is a
McDonald's restaurant franchise owner, or a director, officer, employee, agent,
or independent contractor of a McDonald's franchise restaurant; (b) was or is a
director, officer, employee, agent, or independent contractor of Sponsor, its
parent companies, subsidiaries, affiliated companies or service agencies; (c)
employees, directors, or officers of any entity engaged in the development,
production or distribution of Social Media Sweepstakes materials or of any
entities retained by Sponsor for the administration of the Social Media
Sweepstakes; (d) directors, members, managers and officers and employees of U.S.
Soccer, The Coca-Cola Company, Electronic Arts Inc. or FIFA;
and (e) persons who are immediate family members (defined as spouse,
IRS-dependent, or biological, foster, in-law, adoptive or step- mother, father,
sister, brother, daughter or son) 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.) You can also
submit entries if you are a follower of @MeEncanta.com. 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, tweet, using Twitter’s @Reply function, the
answer to the question of the day for this Social Media Sweepstakes provided at
the McDonald’s Twitter Page along with the hashtag #McDSoccer to @McDonalds or
to @MeEncanta. DO NOT INCLUDE OTHER MESSAGING IN YOUR ENTRY
TWEET. By Tweeting the hashtag you are
confirming that you are 21 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 found at: http://mcdonalds.posthaven.com/mcdonalds-at-mcdonalds-fifa-2013-twitter-contest
OR: http://mcd.to/18pTUNv. 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; Entries
must be in the English language. There is a limit of one (1) Entry (tweet) per
handle per Participant each 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 either the @McDonalds or @MeEncanta @Reply inbox. 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.
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: Random drawings (one set of drawings from
among eligible @McDonalds Entries and one set of drawings from among eligible @MeEncanta
Entries) will be conducted on or about June 26, 2013 to select one (1) potential
Grand Prize winner, three (3) $50 Arch Card winners and three (3) Coca-Cola Prize
winners for each handle, by an independent judging organization selected by
Sponsor, whose decisions will be final in all matters. Note that Entries for the
@McDonalds drawing will not be entered into the @MeEncanta drawing or vice versa.
These drawings will be conducted by the independent judging organization. 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 private (direct)
message to his/her Twitter account. Participants
must “follow” the Official McDonald’s Twitter Page (@McDonalds or @MeEncanta) 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 (for Grand Prize, time permitting).
5. PRIZES/APPROXIMATE RETAIL VALUE:
Two (2) Grand Prizes
(one (1) for the @McDonalds drawing grand prize winner and one (1) for the
@MeEncanta drawing grand prize winner): A three (3)
day/two (2) night trip
for winner and one (1) guest (which guest must be at
least twenty-one [21] years old as of the first scheduled day of the trip) on
Sponsor-selected dates on or about September 9, 2013 through September 11, 2013
to Columbus, OH to attend the U.S.
vs. Mexico 2014 FIFA World Cup™ qualifier, which is currently scheduled to be
held on September 10, 2013. Each Grand Prize trip consists solely of: round-trip coach class air transportation for the winner
and one (1) guest from a major airport near the
Grand Prize winner’s residence to a major airport near Columbus, OH (airports selected
at Sponsor’s sole discretion); airport transfers in Columbus, two (2) nights hotel
accommodations (one standard double occupancy room) at a hotel selected at
Sponsor’s sole discretion; one (1) $50 McDonald’s Arch Card® and welcome gift,
two (2) tickets to the U.S. vs. Mexico 2014 FIFA World Cup™ qualifier (seat location to be determined by Sponsor); hotel
to stadium transfers; and $250 spending money for the grand prize winner,
awarded in the form of a gift card selected by Sponsor (gift card is subject to
its terms and conditions). ARV of each Grand
Prize: $3,400
Six (6) Arch Card® Prizes
(six
(6) winners: three (3) for the @McDonalds drawing and three (3) for the
@MeEncanta drawing): A $50 McDonald’s Arch Card®.
Six (6) Coca-Cola Prizes (six (6) winners: three
(3) for the @McDonalds drawing and three (3) for the @MeEncanta drawing): A
prize pack that includes a Coca-Cola branded t-shirt, soccer ball, towel, bag
and hat, ARV: $50. The total value of each Prize is $50. ARV of all Prizes: $3,700
for @McDonalds and $3,700 for @MeEncanta.
6. PRIZE CONDITIONS/REQUIREMENTS:
A.
Grand Prize: Upon receipt of the potential winner’s
contact information (as per Rule 4 above), the potential Grand Prize winners
will be contacted within two (2) business days and will receive Prize Claim Documents that include an
Affidavit of Eligibility, Release of Liability/Publicity Release, background
check authorization form, photo identification, Prize acceptance form, guest
release, tax documentation (collectively the “Prize Claim Documents”). Prize Claim Documents must be received by
the McDonald’s Redemption Center within three (3) business days of notification,
but no later than June 29, 2013. Receipt
after that date will cause the potential winner to be disqualified and the
Prize will be awarded to an alternate winner (time permitting). Potential Grand Prize winner will be
required to submit to, and cooperate in, a confidential background check to
confirm eligibility and security requirements set by Sponsor or the U.S. Soccer
and to help ensure that the use of any such person in advertising or publicity
for the Social Media Sweepstakes will not bring Sponsor or U.S. Soccer or FIFA
into public disrepute, contempt, scandal or ridicule or reflect unfavorably on
the Social Media Sweepstakes or the Sponsor or U.S. Soccer as determined by
Sponsor in its sole discretion. Grand Prize winner and his/her guest may be
required to meet certain security criteria set by Sponsor or U.S. Soccer to
redeem the Grand Prize or attend Grand Prize events. If a Grand Prize winner or
his/her guest does not meet any such criteria, Sponsor may choose (in its sole
discretion) to award the Grand Prize winner a check equal to the ARV of the Grand
Prize won. Sponsor reserves the right in its sole discretion to disqualify a
Grand Prize winner if Sponsor determines that such individual is not permitted
by law to receive any portion of the Grand Prize. Sponsor reserves the right to
refrain from conducting any advertising or publicity associated with the Grand
Prize winner for any reason.
Any
and all costs, fees (including but not limited to luggage fees and
transportation between a Grand Prize winner’s home and departure airport), and
expenses not expressly stated in the Grand Prize description are solely the
responsibility of each Grand Prize winner. Any difference between the
approximate retail value and the actual value of the Grand Prize will not be
awarded and any difference will not be refunded. No insurance is provided as
part of the Grand Prize, and obtaining any insurance, such as but not limited
to, travel insurance, health, accident or medical insurance, and property loss
or damage insurance is the sole responsibility of each Grand Prize winner
and/or Grand Prize winner’s guest. Travel and other arrangements will be
determined by Sponsor. Air travel will be round trip (originate from and end at
the same airport) coach class from an airport selected by Sponsor. Reservations
must be made and tickets issued prior to travel. Changes to reservations are
not permitted. Prize winner and guest must travel together on the same
itinerary and are solely responsible for having any required travel-related
documents (including valid government issued photo ID and/or any required
passport or visa) prior to departure as well as fulfilling any/all travel and
security requirements. Sponsor reserves the right in its sole discretion to
designate all flight/travel particulars and route or routes (as the case may
be). Flight schedules are subject to
change without notice. Sponsor and U.S. Soccer will not be liable for any
missed opportunities or expenses incurred as a consequence of flight
cancellation/delay or ground transportation delay. Grand Prize winner may be required to provide
a current valid major credit card at time of hotel check-in to cover
incidentals, and any and all costs, fees, and expenses not expressly stated in
the Grand Prize description. Restrictions and/or blackout dates may apply. Once the guest is determined, that guest cannot be changed without the express
consent of Sponsor, which may be withheld for any reason. The Grand
Prize winner (and his/her guest) agree to maintain his/her behavior in
accordance with all applicable laws and generally accepted social practices in
connection with participation in any Grand Prize-related activity. Grand Prize
winner understands and agrees that Sponsor or U.S. Soccer have the right, in
their sole discretion, to disqualify and remove the Grand Prize winner or his/her guest from any activity at
any time if the Grand Prize winner or
guest’s behavior at any point is uncooperative, disruptive, or may or
does cause damage to person, property, or the reputation of Sponsor or U.S.
Soccer, or otherwise violates the policies of the Sponsor or U.S. Soccer. The Grand
Prize winner is solely responsible for the behavior of his/her guest.
B. Arch Card Prizes and Coca-Cola
Prizes. All other prize
winners will be notified via private (direct) message on Twitter and must
timely respond with their contact information as per Rule 4 above. If a Prize
winner fails to do so, the Prize will be forfeited and the Prize will be
awarded to an alternate Prize winner who meets all requirements of these
Official Rules and who is selected from among all remaining eligible entries
received. After a Prize winner has furnished Sponsor or its agency with his/her
contact information, that Prize winner will receive his/her Prize in
approximately four (4) weeks. For Arch Card and
Coca-Cola Prizes, Sponsor will not be obligated to pursue more than three (3)
alternate winners for any reason, in which case certain Prizes may go unaware.
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 lost, mutilated or stolen tickets, vouchers,
certificates, Prize element, or Prize that is undeliverable or does not reach
the winner because of an incorrect or changed address or other contact
information. If winner does not accept or use the entire Prize, the unaccepted
or unused part of the Prize will be forfeited and Sponsor will have no further
obligation with respect to that Prize or portion of the Prize. 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.
7. 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 entrant 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 and complying with applicable laws, regulations and rules. Participants agree: (a)
Sponsor, U.S. Soccer 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. Grand Prize winner’s travel guest must
complete, sign and return a Liability Release, and where lawful, Publicity
Release, prior to issuance of travel documents. 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.
8. 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 such information. 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 Sweepstakes (including any limitations, any restrictions, or
any conditions on Sponsor's ability to use the Twitter platform for the Sweepstakes
as set forth herein that are not acceptable to Sponsor).
9. MISCELLANEOUS:
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
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.
10. Prize winners
List:
To receive an Official Winners List, mail a self-addressed
stamped envelope to: McDonald's 2013 U.S. Soccer Social Media Sweepstakes Prize
Winners List Request, P.O. Box 1132, Chicago, IL
60690, for receipt by September 25, 2013.
11.
Official Rules: To receive a copy of these Official Rules, mail a self-addressed
stamped envelope to: McDonald’s 2013 U.S. Soccer Social Media Sweepstakes
Official Rules Request, P.O. Box 1132, Chicago, IL 60690. Requests must be received by June 25, 2013. VT
residents may omit return postage for rules requests.
12. SPONSOR: McDonald’s USA, LLC, 2111 McDonald’s Drive, Oak Brook, IL
60523.
©2013 McDonald's. World Cup is a trademark of FIFA. All Rights
Reserved. This Sweepstakes is not sponsored, endorsed, administered by or
associated with Twitter, Inc.