McDonald’s 2013 Xbox One
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
Social Media Sweepstakes (the “Social Media Sweepstakes”) begins
at or after 12:00:00 a.m. Eastern Time (“ET”) on or about December 3,
2013, and ends at 11:59:59 p.m. ET on December 20, 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”).
To participate, follow the official McDonald’s USA Twitter page at https://twitter.com/mcdonalds (“McDonald’s Twitter Page”)
to find call-to-actions for Participants to share a photograph or Vine video
depicting how excited you would be to win an Xbox One. During the Entry Period,
Participants will need to share a photograph or Vvine 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. 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 drawing will be conducted on or about the
following date: December 20, 2013.
Winners will be selected from among all eligible Entries received prior
to the applicable random drawing date. One (1) potential Prize winner will be
selected on the random drawing, with such 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:
One (1) Prize: One (1) Microsoft Xbox One Console. ARV of each Prize: $499.99. Odds of winning a 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).
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 (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 Social
Media Sweepstakes Prize Winners List Request, P.O. Box 1132, Chicago, IL 60690,
for receipt by January 15, 2014.
10. Official Rules: To receive a copy of these
Official Rules, mail a self-addressed stamped envelope to: McDonald’s 2013 Xbox
One Social Media Sweepstakes Official Rules Request, P.O. Box 1132, Chicago, IL
60690. Requests must be received by December 20, 2013. VT residents may
omit return postage for rules requests.
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.