NO
PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE
CHANCES OF WINNING. A Valid Email Address
IS Required To PARTICIPATE.
EACH POTENTIAL WINNER (AND ANY MINOR’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, AS A CONDITION OF BEING AWARDED A PRIZE.
BY PARTICIPATING,
YOU (AND ANY MINOR PARTICIPANT’S PARENT OR LEGAL GUARDIAN FOR HIMSELF OR
HERSELF AND ON BEHALF OF THE MINOR) 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 THIS GAME
WILL BE DECIDED BY BINDING ARBITRATION (SEE RULE 11).
1. GAME DESCRIPTION.
McDonald’s USA, LLC (the “Sponsor”)
provides a mobile application (the “McDonald’s
App”), which anyone who is 13 years or older and a resident of the
Territory (defined below) can download (free, other than normal data usage
fees) to their digital device (see Rule 8 for digital device requirements). The
McDonald’s App provides information including, but not limited to, nutrition
information, restaurant locations and deals that can be redeemed at participating
restaurants. The deals may include “free with
purchase” Offers, “buy one, get one” Offers and/or other promotional Offers or
discounts (“Offers”). On Sunday,
July 16, 2017, only, customers can redeem a Free Soft Serve Cone Offer at participating
McDonalds’s restaurants in the Territory (defined below in Rule 2). The Sponsor
is also Offering a Game that begins at 2:00 p.m. local time on July 16, 2017,
and ends at the earlier of 5:00:00 p.m. local time on the same day or when a
winner is determined (the “Entry Period”). For a chance to win, Participants
visiting a participating restaurant use their McDonald’s App to receive the
Free Soft Serve Cone Offer during the Entry Period. (See Rule 3 for a list of
certain restaurants not participating in the Game.) There will be one (1)
randomly seeded prize available to be won. The potential winner will receive a
special Golden Arches Cone, and will be instructed how to redeem the prize (see
Rule 3 below). There is a limit of one Free Soft Serve Offer per Participant.
Void where prohibited. The Game is governed by these Official Rules. Except as
otherwise specifically stated in these Official Rules, all times mentioned in
these Official Rules are local time.
2. WHO
IS ELIGIBLE TO ENTER/WIN. The Game is open
only to individuals who are residents of the fifty (50) United States or the
District of Columbia (the “Territory”)
and who are thirteen (13) years of age or older on the Day of participation.
(Any eligible individual who is thirteen or older, but younger than the age of
majority in his or her jurisdiction of residence, is referred to in these
Official Rules as a “Minor”.)
Persons in any of the following categories are NOT eligible to participate in
the Game: any person who on or after January 16, 2017, 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 of McDonald’s USA, LLC, its parent
company or their respective subsidiaries, affiliated companies or service
agencies; (c) a director, officer,
employee, agent or independent contractor of any entity engaged in the
development, production or distribution of Game materials or of any entities
retained by Sponsor or its agencies to assist in any way with the
administration or advertisement of the Game or the development of the
McDonald’s App OR Offers; (d) an immediate family member (defined as spouse,
IRS dependent, or biological, foster, in-law, adoptive or step- mother, father,
sister, brother, daughter or son) of, or anyone who resides in the same
household as, any person in any of the preceding categories. An eligible
individual who enters the Game is hereafter referred to as a “Participant.” Each Participant, and
their parent or legal guardian if the Participant is an eligible Minor,
unconditionally accepts and agrees to comply with and abide by these Official
Rules.
3. HOW
TO ENTER THE GAME. There is No Purchase Necessary to participate in the
Game. To redeem an Offer and/or participate in the Game, an eligible
Participant will need a Digital Device (defined below) and a valid email
address. Any such eligible Participant must first download and install the
McDonald’s App on their qualifying iOS or Android Device (e.g., an iPhone,
Android phone or iPad, Android Galaxy Tab, etc.) (each a “Digital Device”) if they do not already have the McDonald’s App
installed. Data rates may apply. The
McDonald’s App is free, but only available in the Apple App Store or Google
Play (for iOS/Android). In the App Store, compatibility requires iOS 8.0 or
later. Compatible with iPhone, iPad and iPod Touch. In Google Play,
compatibility requires Android 4.4 or later. Use of the McDonald’s App is
subject to the Terms & Conditions for the McDonald’s App, which can be
found in the “About, Contact & Legal” tab in the App menu.
Once you have
downloaded the McDonald’s App, complete the registration process using a valid
email address (if you have not done so already). You will need to enable “Location
Services ” in your app settings
in order to obtain available Offers at the restaurant you are visiting. For the Game, participating restaurants do not include
any McDonald’s in a Walmart® store, contained in or as part of a retail
gasoline or fuel station, or in any shopping or other retail mall, in a food
court or in or at any of the following sites: a casino, an amusement park, a
hospital, a transportation terminal (airport, subway or rail), a toll road
stop, a school, a public park, a stadium/sports complex, a zoo, a museum, or in
any building that includes a grouping of food outlets and/or shops or at a
limited-time venue such as a festival.
To
participate in the Game, Participants must use their McDonald’s app at a
participating restaurant to redeem the Free Soft Serve Cone Offer during the Game’s
Entry Period. One randomly selected participating restaurant will serve the
winning Golden Arches cone to the first Participant to redeem the Free Soft
Serve Cone Offer at or after the randomly selected winning time (“Winning Time”). The Participant who is
served the winning cone will be announced as the potential winner, subject to
verification and compliance with these Official Rules. The potential winner
will be given instructions to redeem the prize as well as prize claim documents
that he/she must complete to be verified as the official winner.
4. One (1) Prize/ODDS OF WINNING.
The prize is McDonald’s soft serve cones for the winner
for “life.” The prize will be awarded as a McDonald’s® Arch Card® for $312 and
a check for $4,680, total approximate retail value: $4,992. “Life” is defined
as one cone each week for 50 years.
ODDS OF WINNING:
There are approximately 14,000 participating McDonald’s locations of which one
(1) will be randomly selected to award the prize. The odds of visiting the
selected McDonald’s restaurant location are approximately 1 in 13,938; the odds
of winning the prize in the selected restaurant location will be determined by
the time a Participant redeems the Free Soft Serve Cone Offer and the selected
winning time for the prize to be awarded.
5. Winner
Notification. The potential winner must complete prize claim documents
that will include an affidavit of eligibility/release of liability/prize
acceptance and publicity release (where permitted by law), and any other
documentation reasonably requested by Sponsor. If the potential winner is an eligible
Minor, the prize may be awarded to or in the name of winner’s parent/legal
guardian, who must execute all prize claim documents and agree to all
obligations and undertakings of a winner, both on behalf of himself/herself and
the Minor winner, or the prize may be forfeited in its entirety. Potential
winner (or his/her parent/legal guardian) will also receive a prepaid overnight
envelope for use in returning the documents to the Sponsor for verification.
All Prize claim documents must be completed, notarized and received within
seven (7) business days. Prize claim documents received after the deadline
shall be deemed VOID and the potential winner may be disqualified. Prize claim
documents that are complete and duly submitted to the Redemption Center within
the required period will be verified within four (4) weeks after the documents
are received or as soon thereafter as reasonably practical, and once verified,
the prize will be shipped to the winner (or his/her parent/legal guardian if
winner is a Minor). Allow four (4) to six (6) weeks for shipment. If the
potential prize winner (or such Minor winner's parent or legal guardian) cannot
be reached after Sponsor or its representative has made a reasonable effort to
contact him or her, declines a prize for any reason, or fails or refuses to
properly sign and return all prize claim documents by the redemption deadline
or if the prize claim documents or any portion of a prize is returned as
unclaimed or undeliverable to the potential winner, or if it is discovered that
the winner made any false statement in any prize claim document, or if the
potential prize winner is at any time found to be ineligible or otherwise in
violation of these Official Rules (including, without limitation, by using
multiple sets of contact information or any other method in an attempt to
circumvent the above-stated Entry limitations), or if any potential winner
declines a prize, or fails to comply with these Official Rules, such potential
winner will be disqualified and will forfeit the prize and all rights to the
prize they otherwise might have received. The submission of prize claim
documents is solely the responsibility of the potential winner or their
parent/legal guardian if the potential winner is a Minor. When sending prize claim
documents to the Redemption Center, it is strongly recommended that
Participants retain a photocopy of all prize claim documents submitted, and
send the submission using the envelope provided.
6. PRIZE/PARTICIPATION
CONDITIONS/RESTRICTIONS. All details and other restrictions of prizes
not set forth in these Official Rules will be determined by Sponsor in its sole
discretion. If Sponsor so elects, a potential prize winner may be required to
submit to, and cooperate in, a confidential background check to confirm
eligibility and security requirements set by the Sponsor to help ensure that
the use of any such person in advertising or publicity for the Game will not
bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably
on the Game or the Sponsor as determined by Sponsor in its sole discretion.
Sponsor reserves the right to refrain from conducting any advertising or
publicity associated with a winner for any reason. There is no substitution or
cash equivalent for any prize, except that Sponsor in its sole discretion can
substitute a prize for a prize of equal or greater value if a prize is not
available for any reason. All income taxes (including, without limitation,
federal, state and/or local income taxes) on or connected with any prize, and
the reporting consequences thereof, are solely the responsibility of the
winner. If required by law, Sponsor reserves the right to withhold and remit to
the appropriate taxing authorities the amount of any taxes due. Expenses not
stated for any prize are the sole responsibility of the applicable winner.
Participation
Conditions: Each
Participant acknowledges and agrees that the decisions of Sponsor and/or the
Redemption Center shall be final, binding and conclusive in all matters
relating to the Game. Any person attempting to forge Prize claim documents or
defraud Sponsor or any of the Game Entities (defined below) in any way in
connection with this Game may be prosecuted to the fullest extent permitted
under the law. In the event of a dispute concerning the identity of a
Participant, the Participant will be declared to be the registered account
holder of the email address associated with the disputed Offer redemption, but
only if that person meets all other eligibility criteria. Otherwise, the
potential winner may be disqualified and any potential prize won will be
forfeited in Sponsor’s sole discretion. A registered account holder is defined
as the natural person who is assigned to an email address by an Internet access
provider, online service provider or other organization (e.g., business,
educational institution, etc.) that is responsible for assigning email
addresses for the domain associated with the applicable email address. Winner
may be required to show proof of being the registered account holder.
7. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION. Participant assumes all risk of loss,
damage, destruction, delay and misdirection of Prize claim documents and are
advised to obtain insurance where appropriate. Sponsor its parent companies,
subsidiaries, affiliates, franchisees, local advertising cooperatives, offers
and McDonald’s App developers, digital/advertising/promotion agencies, the
Redemption Center and all of their respective shareholders, officers,
directors, agents, representatives and employees (individually and collectively
“Game Entities”) are not responsible
for: (a) incomplete, misdirected, late, lost, garbled, unintelligible, damaged,
stolen, non-delivered or postage-due submissions of Prize claim documents or
other Game-related materials whether caused by Participants, wireless carriers,
Internet Service Providers (“ISP”)
or unauthorized human intervention; (b) any damage to a Participant’s or other
person’s computer system or Digital Device which is caused or occasioned by
accessing the McDonald’s App, participating in the Game or claiming a Game
prize; (c) technical difficulties or failures of any kind including, but not
limited to, lost, interrupted, inaccessible or unavailable networks, servers,
satellites, Internet, Digital Device or wireless carriers, websites or other
connection, availability or accessibility problems arising in connection with
or over the course of the Game; (d) miscommunications, failed, jumbled,
scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected
computer, telephone, Digital Device, email, mobile or cable transmissions or
hardware, software, program or programming malfunctions, failures or
difficulties of any kind including, but not limited to: malfunctions, interruptions
or disconnections in transmissions or connections, phone lines, network
hardware or software, computers, equipment, programming errors, cable,
satellite, cellular tower, or ISP or wireless carriers; (e) any technical
malfunctions, failures or difficulties (including failures to correctly scan
and/or redeem the Offer), printing errors, clerical, typographical or other
errors in any Game advertisement or other materials or any Prize claim
documents; (f) any errors or failures of any kind, whether human, mechanical,
clerical, electronic, interruption of power, digital, mobile or technical in
nature, or unauthorized human intervention; (g) any incorrect or inaccurate
information, whether caused by the McDonald’s App or tampering, hacking, or by
any equipment or programming associated with, or utilized in the Game,
including, without limitation, Entries that are submitted by automated computer
programs or other illegitimate means; or (h) the incorrect or inaccurate
capture of information or the failure to capture or loss of any information.
Prize claim documents submitted become the sole property of Sponsor and will
not be returned. Sponsor shall not be responsible to correspond with
Participants. By participating in the
Game and, to the fullest extent permitted by applicable law, each Participant
hereby releases and agrees to hold the Game Entities harmless from and against
any and all costs, injuries, losses or damages of any kind, including, without
limitation, property damage, death and bodily injury (whether due to negligence
or otherwise), due in whole or in part, directly or indirectly, to
participation in the Game or any Game-related activity or the receipt, use or
misuse of any prize. 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 said prize and any liability and publicity which might arise from
claiming or seeking to claim said prize. By participating in the Game each
verified winner hereby agrees and grants Sponsor the right, but not the
obligation, to the use of his or her name, voice and likeness, along with his
or her address (city and state) and any statements made by or attributed to
such winner in any and all media, now known or hereafter devised, without
notice, review or approval, in perpetuity and throughout the world for
advertising, commercial and promotional purposes in connection with the Game
and other promotions without further compensation (except where prohibited by
law), and releases the Game Entities from any liability with respect thereto.
8. DIGITAL DEVICE REQUIREMENTS.
Using a
Digital Device and/or Operating System not supported by the McDonald’s App may
prevent participation in the Game. Your Digital Device also must support the Operating
System that the McDonald’s App requires for your specific device. While all
efforts are made to support current Operating Systems and Digital Devices based
on the McDonald’s App System Requirements, new Operating Systems and/or Digital
Devices may not be supported if brought to market after the development of this
Game. Sponsor is not responsible for any
browser or device supporting issues.
McDonald’s App System Requirements:
• Android™ 4.4+
• iOS 8.0+ compatible with iPhone, iPad
and iPod Touch
9. DISCLAIMER OF WARRANTIES. The SPONSOR makes no warranties, and hereby
DISCLAIMS ANY and all warranties, expressED or implied, concerning any prize in
connection with the Game. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, AND THE GAME ENTITIES HEREBY DISCLAIM ALL
SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY.
10. MISCELLANEOUS.
A. Disqualification: It is the
Participant’s sole responsibility to ensure that they have complied in full
with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they
have not complied with these Official Rules, or declines a prize for any reason
prior to award, such potential winner will be disqualified and the prize
forfeited. No mechanically reproduced,
illegible, incomplete, forged, software-generated, third party or other
automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other
than the Participant and/or originating by any other mechanism, including but
not limited to commercial Game subscription notification and/or entering
services, will be declared invalid and disqualified from this Game. Sponsor reserves
the right in its sole discretion to disqualify any individual who is found to
be tampering with the Entry process or the operation of the Game; to be acting
in violation of these Official Rules; or to be acting in an unsportsmanlike or
disruptive manner, or with the intent to disrupt or undermine the legitimate
operation of the Game, or to annoy, abuse, threaten or harass any other person.
The Sponsor reserves the right to seek
damages and other remedies (including attorneys’ fees) from any such person to
the fullest extent permitted by law.
B. Force Majeure/Printing and Production Errors: Sponsor reserves the
right, without prior notice and at any time, to terminate the Game, in whole or
in part, or modify, suspend or extend the Game or Game materials in any way, if
it determines in its sole discretion, that the McDonald’s App, any Game
materials and/or Prize claim documents reflect printing, production or other
errors, or if it determines, in its sole discretion, that the Game is impaired
or corrupted or that fraud or technical problems, failures, malfunctions or
errors (including, without limitation, viruses or other deleterious programs or
materials, glitches or printing or production errors) have destroyed or
severely undermined the proper Entry, integrity and/or feasibility of the Game.
In the event Sponsor is prevented from continuing with the Game 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, then subject to any governmental approval
which may be required, Sponsor shall have the right to modify, suspend, extend
or terminate the Game. 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.
McDonald's restaurant employees or franchisees are not authorized to modify or
amend these Official Rules.
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 the Game Entities in connection with the Game 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. Privacy: Except as otherwise contemplated in these Official Rules,
Participants’ contact information collected by Sponsor in connection with the
Game will be used by Sponsor in accordance with the McDonald’s Privacy Policy
found in the McDonald’s App (the Privacy Policy can be found in the “About,
Contact & Legal” tab in the App menu) and at mcdonalds.com.
11. ARBITRATION. By participating in this Game, each
Participant agrees that: (1) any claim, dispute or controversy (whether in
contract, tort or otherwise) Participant may have against any of the Game
Entities arising out of, relating to or connected in any way with the Game, the
awarding or redemption of Prizes, or the determination of the scope or
applicability of this agreement to arbitrate, will be resolved exclusively by
final and binding arbitration administered by JAMS and conducted before a sole
arbitrator pursuant to JAMS’s Comprehensive Arbitration Rules and Procedures
(“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 JAMS pursuant to the Rules and Procedures (provided
such location is reasonably convenient for Participant), or at such other
location as may be mutually agreed to 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
Participant may have entered into in connection with the Game; (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 as Participant and Sponsor hereby waive the right to
assert claims in any class or representative action; arbitration can thus
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) in the event that the administrative fees,
arbitrator fees and filing fees associated with the arbitration exceed $250,
Sponsor agrees to pay any such administrative, arbitrator and filing fees
exceeding $250 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 fees in connection
with the arbitration as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive; and (8) 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 JAMS, 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. Finally, this arbitration provision is reciprocally binding on all
parties, such that both Participant and Sponsor are required to arbitrate their
claims against one another. For more information on JAMS and/or JAMS Rules and
Procedures, Participants may visit the JAMS Website at http://www.jamsadr.com.
12. OFFICIAL RULES. These Official Rules will be available online
at playatmcd.com and in the McDonald’s App. To receive a copy of the Official
Rules by mail, mail a SASE to Redemption Center, Golden Arches Cone Game
Official Rules Request, P.O. Box 1132, Chicago, IL 60690. All requests must be
postmarked by July 17, 2017, and received by July 21, 2017. Vermont residents
may omit return postage. Limit one (1) request per outer envelope.
13. WINNERS LIST. To find out who won, mail a #10 SASE to
Redemption Center: Golden Arches Cone Game Winner, P.O. Box 1132, Chicago, IL
60690. All requests must be postmarked by July 17, 2017, and received by July 21,
2017. Limit one (1) request per outer envelope. The winner’s name will be
available when the Game is officially over and the prize has been verified and
awarded.
14. SPONSOR. McDonald’s
USA, LLC, 2111 McDonald’s Drive, Oak Brook, IL 60523.
©2017 McDonald’s. All rights reserved.
Terms and Conditions
Privacy