1. Promotion Period: Beginning April 1, 2016 at 12:00 pm CST, and ending May 31, 2016, at 11:59 pm CST. (the “Promotion Period”)
2. Overview: McDonald’s is looking for two (2) youths (ages thirteen (13) to eighteen (18)), one male and one female, to be nominated as Award Recipients (“Nominees”) at the 2016 365Black Awards (the “Promotion”) in New Orleans, Louisiana. Nominees must be legal residents of the fifty (50) United States or the District of Columbia, and must be thirteen (13) to eighteen (18) years of age as of April 1, 2016, whose significant impact and contributions created positive reflections on the African American community. The term of the Promotion will require the Nominees (and their parent/guardian, if a minor) to travel to New Orleans on June 30, 2016 – July 3, 2016.
3. Nomination Criteria: Each Nominee must be nominated by an “Entrant.” Entrants must be legal residents of the fifty (50) United States or the District of Columbia who are over the age of twenty-one (21) as of April 1, 2016. Persons in any of the following categories are NOT eligible to participate as either an Entrant or a Nominee: (a) persons who on or after April 1, 2016, were or are franchisees, directors, officers, employees or agents of McDonald’s USA, LLC (“Sponsor”), any parent, subsidiary, affiliate, franchisee, or service agency or independent contractor of such entities; (b) persons engaged in the development, production or distribution of materials for this Promotion or for any Sponsor associated with the events, or any persons engaged in any way in the selection process of the individuals who will be selected to receive a 365Black Award; and (c) persons who are immediate family members (defined as spouse, IRS dependent or biological, adoptive or step- mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in any of the preceding categories, regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories.
4. The Nomination Form: Obtain Nomination materials at www.365Black.com; or email your request to: firstname.lastname@example.org, with “Submission Request” in the subject line. To complete a Nomination, Entrants must include the following materials: (a) a completed Nomination Form, including all Entrant and Nominee contact information (complete name, full address with zip code, telephone number(s), respective e-mail addresses if available, relationship to Nominee, Nominee Parent/Guardian name, Nominee parent/Guardian email, Nominee parent/guardian phone), (b) in up to 100 words, answer the following three (3) questions related to the Nominee’s significant impact and contributions which created positive reflections on the African American Community (please provide photos and videos of the Nominee’s contributions): (1) Why does this Nominee deserve to be the winner of the 2016 365Black Awards Community Choice Youth Award? (2) In detail, what was the Nominee’s national or global impact within the community? (3) What made your Nominee or convinced your Nominee to make a difference? and, (c) a link to a video depicting the Nominee’s contributions described in the foregoing Subsection (b). Entrant’s responses to Subsection (b) and the video described in Subsection (c) shall be referred to hereinafter as the “Submission”. The Submission may not contain any personally identifiable information of the Nominee
5. Submission Content Restrictions: The Submission (i) must not include any private information of a third party such as full name, address, phone number, or email address; the information about the Nominee must be on the appropriate portion of the Nomination Form, not in the Submission itself. Sponsor reserves the right to edit any Submission to remove what it considers to be private information; (ii) must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; (iii) must not disparage Sponsor, or any other person or party affiliated with the Promotion and administration of this Promotion; (iv) should not contain brand names or trademarks other than those owned by Sponsor, which Entrant has a limited license to use to create and upload a Submission in this Promotion. Sponsor reserves the right to edit a Submission to remove brands or trademarks before publicizing it in any way; (v) must not contain text not created by Entrant, except that the Entrant may quote or paraphrase something that the Nominee said or wrote; (vi) must not contain material that Sponsor, in its sole discretion, deems to be inappropriate, offensive, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; (vii) must not contain material that Sponsor, in its sole discretion, deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and, (viii) must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
6. Nomination Requirements and Limits: Entrant’s Submission must be written in English. Each Entrant may upload up to five (5) different Submissions for unique Nominees during the Promotion Period. Any attempt by any Entrant to upload more than the stated number of Submissions or receive more than the stated number of Entries by using multiple/different email addresses, Accounts, identities, registrations and logins, or any other methods will void all of that Entrant's Submissions/Entries and that Entrant may be disqualified from this Promotion and any of the Sponsor's other promotions.
7. Entrant Representations and Warranties: Entrant represents and warrants that he/she has permission from all Nominees (and Nominee’s parent/legal guardian if Nominee is a minor in his or her state of residence) in the Nomination Form and/or Submission, to use Nominee’s name(s) and story/stories in the Nomination Form and/or Submission and to grant the license set forth herein. If requested, Entrant must be able to provide such permissions in a form acceptable by Sponsor. Uploading a Nomination Form constitutes Entrant’s consent to give Sponsor a royaltyfree, irrevocable, transferable, assignable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display the information set forth in the Submission, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Entrant and/or Nominee will sign documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant and/or Nominee is granting to use the Submission or any portion thereof. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Nomination Forms, which are disqualified in Sponsor’s sole discretion. Entrant will indemnify Sponsor, Sponsor’s agents, officers, directors, members, attorneys, servants, employees, heirs, successors, administrators, trustees, assigns and affiliates and any licensee of Sponsor (“Released Parties”) against all actions, causes of action, claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these Terms of Participation by Entrant.
8. How to Apply: There is one (1) way to send a Nomination Form:
A. Submission by email: Completed Nomination Forms can be emailed to email@example.com beginning at 12:00:00 p.m. CST on April 1, 2016 through 11:59:59 p.m. CST on May 31, 2016. Completed Nomination forms must include a link to the video submission described in Section 4(c), above. Such video shall be hosted on YouTube or Vimeo and must comply with all applicable terms and conditions governing the use of the foregoing websites.
9. General Conditions: Sponsor is not responsible for incomplete, postage due, lost, late, damaged, stolen, illegible or misdirected Nomination Forms, email or mail; theft, destruction or unauthorized access to, or alteration of Nomination Forms; failures or malfunctions of phones, phone lines or telephone systems; interrupted or unavailable network, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or any technical problem, including but not limited to any injury or damage to Entrant’s or any other person's computer related to or resulting from participation in this Promotion; errors or omissions in these Terms of Participation, in any Promotion and/or Promotion-related advertisements or other materials, in the selection of Nominees; or other problems or errors of any kind whether mechanical, human, electronic or otherwise. Sponsor reserves the right to void any and all Nomination Forms of any Entrant who Sponsor believes has attempted to tamper with, influence or impair the administration, security or fairness of this Promotion. All Nomination Forms and Submissions become the property of Sponsor and will not be returned. Neither Sponsor, nor anyone acting on its behalf, will enter into communications with any Entrant regarding the Promotion other than to notify potential Finalists or successful Entrants.
10. Selection: Selection in the Promotion will occur in two (2) phases:
A. Finalist Determination: A total of two (2) Finalists (one (1) female and one (1) male) will be selected by the Sponsor from among all eligible Nominees. (“Finalists”) Finalists will be notified of their selection by email, mail or phone on or around June 15, 2016. Each Finalist (or parent/legal guardian if Finalist is a minor in his/her state of residence) will be required to sign and return to Sponsor, within five (5) days of the date notice or attempted notice is sent, a Declaration of Compliance, Code of Conduct (including behavior on social media), and Liability and Publicity Release, in order to be considered as an Award Recipient and to fulfill any such other requirements as determined by Sponsor or other Promotional Parties. (“Required Documentation”) Each Finalist (or parent/legal guardian if Finalist is a minor) and Finalist’s proposed “Travel Companion” (as defined below) must also agree to have Sponsor conduct a background check to Sponsor's satisfaction, in order to be eligible to be an Award Recipient. If any Finalist cannot be contacted, fails to complete the steps above within the required time period, or fails the background check, as determined by Sponsor in its sole discretion, he/she forfeits the opportunity to be an Award Recipient. In the event that that there are not a sufficient number of eligible and qualified Submissions, no Award Recipient may be chosen in Sponsor's sole discretion. In the event that a potential Award Recipient is disqualified for any reason, additional “runner-up” Nominees may be considered, if any, in Sponsor's sole discretion. Completion and submission of the Required Documentation constitutes and signifies Finalist’s agreement and consent that Sponsor and its designees may use the Finalist’s name, city, state, likeness, photo, Submission(s) about him or her, and/or other information in connection with the Promotion for promotional, advertising or other purposes, in perpetuity, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Terms of Participation, each Finalist and/or the person who nominated him or her agrees to the license specified in Section 7, above, for the Submission and/or the story represented by the Submission, including, without limitation, a license to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each Finalist accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
B. Award Recipients Determination: Award Recipients for the Promotion will be selected by the Sponsor and Sponsor-selected celebrities and the names of the “Awards Recipients” will be announced on or around June 17, 2016 on www.365Black.com. Successful Award Recipients will be notified by telephone and/or email. If a Finalist is offered a 365Black Award and the Finalist is a minor in his/her state of residence, Finalist and Finalist’s parent/legal guardian understand and agree to comply with all applicable Child Labor Laws, including but not limited to, the completion and filing of additional paperwork with the necessary parties before the required deadline. Sponsor will provide all such necessary paperwork and will reimburse Finalist for any reasonable additional expenses associated with doing so, in Sponsor’s sole discretion.
11. Award: Each Award Recipient shall receive an Award which includes, a Ten Thousand Dollar ($10,000.00) educational scholarship, a trip for Award Recipient and his/her parent/legal guardian (or if Award Recipient has reached the age of majority in his or her state, another adult guest) ("Travel Companion") to the Award Show at a location determined by Sponsor, in its sole discretion; Two (2) nights' accommodations at a hotel determined by Sponsor, in its sole discretion (single room, double occupancy); round trip, coach-class air transportation for Award Recipient and Travel Companion and round trip ground transfers between airport and hotel; All award experiences will take place between June 30, 2016 – July 3 2016, and actual schedule may vary, as further determined by Sponsor and/or applicable Promotional Parties in their discretion. Each Award Recipient is expected to dress and conduct him or herself in a professional manner throughout the experience. If this is not the case, Sponsor, in its sole discretion, reserves the right to send Award Recipient and Travel Companion home.
In the event the Award Recipient is unable or unwilling to travel to the Award Show at the time(s) requested, Award Recipient acknowledges that he/she will forfeit the opportunity to participate in the Promotion in its entirety, and neither the Sponsor nor its agents will have any obligation to Award Recipient or Travel Companion whatsoever.
12. Scholarship Provisions: McDonald’s has engaged Thurgood Marshall College Fund to be the scholarship administrator of the program. All students nominated for the Program must meet the minimum criteria set by McDonald’s to qualify for the scholarship. The scholarship will be applied to pay tuition and fees at any college or vocational school that the Award Recipient is enrolled based on enrollment criteria recommended by Thurgood Marshall College Fund. Funds will be held until the recipient provides official proof of enrollment and then paid directly to the college, post-secondary school or any trade, vocational, technical school of choice for tuition and fees on behalf of the Award Recipient. At the age of majority the scholarship funds not used for college will be provided to the recipient to be used at their personal discretion. If the funds are not used or unclaimed by the Award Recipient within six (6) months after reaching the age of majority, they shall revert back to Sponsor, unless otherwise provided for by state law in the state where the funds are held. Award Recipient is responsible for the payment of all applicable taxes related to the Award.
13. General Promotion Terms:
A. General Release: Entrant acknowledges and agrees that he/she will participate in the Award Nomination Program at his/her own risk. By participating, an Entrant hereby releases and agrees to hold Sponsor, the company organizing and conducting the Award activities and each of their respective officers, directors, employees and designees (collectively, the “Award Entities”) harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Award Nomination Program, the Promotion or any Award Nomination Program or Award-related activity.
B. Full Authority & Binding Nature: Entrant represents and warrants that he/she has full power and authority to participate in the Award Nomination Program without violating the legal or equitable rights of any third party, and without requiring further approval in order to participate. Entrant further represents and warrants that his/her participation does not conflict with any other agreement
C. Force Majeure: If for any reason, such as war, terrorist attacks, Acts of God, riots, delays of commercial carriers, labor troubles, boycotts, strikes, restraints of public authority, or any other similar reason beyond the control of the parties (a “Force Majeure Event”), Sponsor shall be unable to exercise its rights hereunder, Sponsor shall have the option to: (i) extend the time for Entrants to participate in the Award Nomination Program for an equivalent period to the Force Majeure Event; or (ii) terminate the Promotion.
D. Waiver & Severability: Any failure by Sponsor to exercise any right granted herein upon the occurrence of any contingency will not constitute a waiver of any such right upon the subsequent occurrence of such contingency. If any provision of these Terms of Participation is determined to be invalid by a court of competent jurisdiction, such determination shall not affect the validity or enforceability of any other provision herein.
E. Notices: Any notice or demand required to be given hereunder will be given in writing and shall be hand delivered or mailed by certified mail, postage prepaid and return receipt requested, to the address provided by Entrant or if to Sponsor to PO Box 3940 Chicago, IL 60654, no later than May 31, 2016. Notice shall be deemed received on the date of certified delivery.
Sponsor: McDonald’s USA, LLC, Oak Brook, Illinois © 2016 McDonald’s.Close