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.
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.
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.