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 2016 #McRigSweeps 2/21 Social
Media Sweepstakes (the “Social Media Sweepstakes”) begins at or after 9:00:00
a.m. Eastern Time (“ET”) on February 19, 2016, and ends at 5:00:00 p.m. ET
on February 20, 2016 (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 post (via Twitter) with the #McRigSweeps
hashtag (each an “Entry”) to be considered, all as more fully described
in Rule 3 below. Limit one (1) 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 present at
the Daytona 500 on February 19-20, 2016. 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, 2014, 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 social media account on
Twitter 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 post using the #AllDayBreakfast
hashtag and #McRigSweeps hashtag on Twitter. By posting those two hashtags, 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 reposts/retweets are
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. Limit one (1) Entry per Participant per day during the
Entry Period. 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 site records your Entry
and it is visible to Sponsor and appears in the #McRigSweeps 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
operate 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
6:00:00 p.m. ET on February 19, 2016 and February 20,2016. The Winner
will be selected from among all eligible Entries received during the Entry
Period. Five (5) potential Prize winner(s) 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 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:
Prizes: Two (2) tickets to Daytona
International 500 Sprint Fan Zone. 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. 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, Twitter 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 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 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).
8. 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 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: For the names of the winners, write your name and address on a
3”x5” card along with the date of the specific sweepstakes, and mail in
first-class, stamped envelope by to Monday, March 21, 2016: McDonald’s 2016
#McRigSweeps 2/21 Social Media Sweepstakes Winners List, 2111 McDonald’s Drive,
Dept. 015, Oak Brook, IL 60523
10. SPONSOR: McDonald’s USA, LLC, 2111 McDonald’s Drive, Oak Brook,
IL 60523.
©2016
McDonald's. All Rights Reserved. This Sweepstakes is not sponsored,
endorsed, administered by or associated with Microsoft or Twitter, Inc