The My McD’s® Big Mac® Gold Card Contest

Official Contest Rules

“The My McD’s® Big Mac® Gold Card Contest (the “Contest”)
Official Contest Rules (the “Official Rules”)

  1. OVERVIEW: McDonald’s® Restaurants of Canada Ltd. (the “Sponsor”) is offering the Contest through its My McD’s® App (the “App”). The App provides customers with various weekly food discounts or other food-related offers, nutrition information, and benefits, all available through the App. The food discounts and other food-related offers may vary in content and number in different regions of Canada. In these Official Rules the food discounts and other food-related offers, are referred to individually as an “Offer” and collectively as “Offers.” The App affords customers the ability to place orders, redeem Offers and pay for those Offers or orders via a valid charge, credit or debit card (a “payment card”) which the customer enters in his/her App settings during registration of his/her App in order to easily pick up (and pay for) his/her food at a participating McDonald’s restaurant via “Mobile Ordering”. Note: a person under the age of majority should only use Mobile payment with the permission of a parent/legal guardian. If a person wishes to participate in this Contest but does not wish to redeem an Offer or make a purchase via Mobile Ordering, he/she can follow the instructions found in Rule 5.D. to receive an entry without making a purchase from McDonald’s. In these Official Rules, an eligible person (see Rule 2) who has an entry (an “Entry”) into the Contest recorded on his/her behalf is called a “Participant”. Participants agree to comply in full with all of the provisions of these Official Rules. A Participant who wishes to download, register and activate the App to receive Offers and participate in the Contest will need a “Digital Device” and a valid email address . The Participant then must download the App from the App Store or get it from Google Play and install and activate the App on his/her Digital Device. The App is free but is available only in the Apple App Store or from Google Play (for iOS/Android). See Rule 10 for system requirements.


  2. CONDITIONS OF ELIGIBILITY: Subject to the provisions of this Rule 2, the Contest is open to Canadian residents who are 13 years of age or older.

    Persons in any of the following categories are NOT eligible to participate in, or to win the prize (the “Prize”) in the Contest: (a) any person who, on or after May 1, 2018, was or is a director, officer, employee, member, manager, agent, or franchisee of any of the Contest Entities; (b) any person engaged in the development, production or distribution of materials for the Contest; (c) any person who is or purports to be an immediate family member (defined as spouse, dependent for federal income tax purposes, half-sister, half-brother, or step-, biological, foster, in-law or adoptive mother, father, sister, brother, daughter or son) of, or who resides or is domiciled in the same household as, any person in any of the preceding categories.

    In these Rules, a person who is eligible to enter the Contest is called an “eligible person”.


  3. CONTEST ENTITIES: In these Official Rules, the term “Contest Entities” means Sponsor, and its parent companies, subsidiaries, affiliates, franchisees, local advertising cooperatives, and App developers, digital/advertising/promotion agencies, the Redemption Centre, and all of their respective shareholders, officers, directors, agents, representatives and employees.


  4. THE CONTEST PERIOD: The Contest Period (the “Contest Period”) begins Monday, August 27, 2018 at 12:00:00 a.m. local time and ends on Sunday, September 16, 2018 at 11:59:59 p.m. local time (the “Contest Period”).


  5. HOW TO ENTER: An eligible person has three (3) ways to have an Entry into the Contest recorded on his/her behalf. An eligible person who wishes to enter the Contest via the App and/or Mobile Ordering must visit a participating McDonald’s restaurant with his/her Digital Device which has the My McD’s® App installed on it, “location services” enabled and with a valid email address and postal code in the App settings. To enter via Mobile Ordering, a Participant must have a valid payment card in his/her App settings.

     

     

     

    1. To Enter by Placing an Order Using Mobile Ordering in My McD’s® App: An eligible person may use the App to order any menu item during the hours when that item is being served. One (1) Entry is recorded on behalf of the Participant after he/she arrives at the restaurant, checks in to his/her My McD’s® App and selects a fulfillment channel within Mobile Ordering, causing the order to be completed and the payment card associated with the eligible person’s App account to be charged. Note: If by reason of any problem, whether mechanical, technical, due to human error or omission or for any other reason, the order cannot be completed, please refer to the instructions below in Rule 5.C. “To Enter by Mail Without Making a Purchase.”


    2. To Enter by Redeeming Any Offer in My McD’s® App: An eligible person who redeems any Offer in the App on his/her Mobile Device during the Contest Period at any participating McDonald’s restaurant in Canada will receive one (1) Entry after he/she arrives at the restaurant, checks in to his/her My McD’s® App and selects a payment option causing the order to be completed. There is a limit of one (1) Offer per transaction. If for any reason the Participant does not complete his/her purchase, then no Entry will be recorded. Note: If by reason of any problem, whether mechanical, technical, due to human error or omission or for any other reason, the order cannot be completed, please refer to the instructions below in Rule 5.C. “To Enter by Mail Without Making a Purchase.”


    3. To Enter by Mail Without Making a Purchase: If an eligible person wishes to have one (1) Entry recorded on his/her behalf without redeeming an Offer or using Mobile Ordering, that Participant must submit an entry (a “mail-in entry”) as follows: the Participant must print in ink and legibly on a piece of paper his/her complete name, street address (including Province/territory and postal code), a daytime telephone number (including area code) and his/her valid email address. Then that Participant must place that paper in a postage-paid envelope and mail it to: The My McD’s® Big Mac® Gold Card Contest, P.O. Box 12072, Saint John, New Brunswick, Canada, E2L 5E7. Outer envelopes for mail-in entries with no return address on the outside will NOT be honoured. Mail-in entries that are sent in business-reply envelopes, in envelopes that utilize or bear address labels or stickers, that are photocopied, hand-stamped, computer-generated or otherwise mechanically produced or reproduced, that are not addressed manually in ink, that fail in any way to comply with the requirements set out above in this sub-paragraph, or that are not mailed separately in separate envelopes bearing sufficient postage will NOT be honoured (i.e., there can be only one mail-in entry per envelope). All envelopes containing mail-in entries must be received no later than September 17, 2018. If a mail-in entry is received after September 17, 2018, no Entry will be recorded in respect of that mail-in Entry on behalf of the person who submitted that envelope. One (1) Entry will be recorded on behalf of a Participant for each mail-in entry he/she submits which is in full compliance with the requirements set out in this Rule 5.C. There is no limit to the number of mail-in Entries which a Participant may submit in compliance with these requirements.


    4. Limits: There is a limit of one (1) Entry being recorded per eligible transaction and one (1) Entry being recorded per mail-in entry.


  6. CONTEST DRAW/WINNER NOTIFICATION: On or about October 1, 2018, the Sponsor will select, at random, fifty (50) potential winning Entries and one hundred and fifty (150) backup potential winning Entries (each a “Backup Entry”) from among all eligible Entries recorded during the Contest Period. Subject to the provisions of these Official Rules, the fifty (50) Participants whose Entries are selected as potential winning Entries will be the potential Prize winners, and those potential Prize winners will be notified to that effect by the Redemption Centre by email as follows: the potential winning notification will be sent via email within two (2) business days following the date of the draw, to the email address associated with each potential Prize winner’s registration or, in the case of a mail-in entry, to the email address provided in the mail-in entry. A potential Prize winner will be required to contact the Redemption Centre, in accordance with the information provided in the email, and to do so by the date stated in that email. If that contact occurs, the Redemption Centre will supply the potential Prize winner with a declaration and release document (a “Declaration and Release”), together with instructions to complete and submit the Declaration and Release to the Redemption Centre, and stating the deadline by which the Declaration and Release must be received by the Redemption Centre. The Declaration and Release contains among other things a release of liability, a publicity release and the Skill-Testing Question (the “Skill-Testing Question”) which must be correctly answered by the potential Prize winner without any assistance, whether electronic, mechanical or other. The Declaration and Release must be completed and submitted to the Redemption Centre by the potential Prize winner.

    If the Redemption Centre finds that a potential Prize winner has properly submitted and completed the Declaration and Release (and that the Skill-Testing Question is correctly answered), then that potential Prize winner will be declared the winner of the Prize and the Redemption Centre will contact the winner in approximately two (2) to four (4) weeks to arrange for fulfillment of the Prize.

    If a potential Prize winner fails to contact the Redemption Centre as referred to above or fails to complete properly and return the Declaration and Release by the deadline, or if his/her answer to the Skill-Testing Question is not correct or no answer to the Skill-Testing Question is provided, then that potential Prize winner will be disqualified from the Contest and will not receive the applicable Prize. In such a case, the Participant respecting whom the first Backup Entry drawn was recorded will be notified by the Redemption Centre and the process described above for the Prize will apply to that Participant. The Sponsor will continue that process until no Backup Entries remain in which case the Prize(s) remaining to be given away will be forfeited and will not be awarded in the Contest. If, for any reason, a Participant whose Entry is drawn is not declared the winner of the Prize, then that potential Prize winner will not have any claim against the Sponsor or against any other person, firm or corporation in respect of the Prize, the Contest, or any matter related to the Contest.


  7. PRIZES AND ODDS OF WINNING. Fifty (50) Prizes are available to be won in the Contest. The approximate retail value (the “ARV”) of each Prize is $602.16 CDN. Each Prize comprises the following: two (2) Big Mac® sandwiches each week for one year, awarded as a $602.16 credit on a McDonald’s® Card. The ARV does not include any applicable taxes and is the estimated cost based upon the average price point for a Big Mac® sandwich at Sponsor-owned restaurants in Canada. The McDonald’s® Card credit can be used by winner in his/her sole discretion for food purchases at McDonald’s. The credit does not expire. Any food purchase cost over the awarded credit is winner’s sole responsibility.

  8. PRIZE/ENTRY CONDITIONS/RESTRICTIONS. Any difference between the ARV of the Prize and its actual value will not be awarded and any difference will not be refunded. There is no substitution or cash equivalent for the Prize. All federal/provincial taxes (including, without limitation, federal, provincial and/or local income taxes) on or connected with the Prize, and the reporting consequences thereof, are solely the responsibility of the Prize 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 specifically stated as included in the Prize are the sole responsibility of the Prize winner.

    General Entry Conditions: Each Participant acknowledges and agrees that the decisions of Sponsor and/or the Redemption Centre are and shall be final, binding and conclusive in all matters relating to the Contest. Any person attempting to forge a Declaration and Release or to defraud Sponsor in any way in connection with this Contest 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 the registered My McD’s® App party associated with the disputed Entry, but only if that person meets all other eligibility criteria. Otherwise, the Entry may be disqualified and any Prize potentially won will be forfeited in Sponsor’s sole discretion.

     

     

  9. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION. Participants assume all risk of transmission, mailing, loss, damage, destruction, delay and misdirection of a Declaration and Release and are advised to obtain insurance where appropriate. Sponsor, and the Contest Entities and all of their respective shareholders, officers, directors, agents, representatives and employees are not responsible for: (a) incomplete, misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due submissions of a Declaration and Release or other Contest-related materials whether caused by Participants, postal or courier services, 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 My McD’s® App, by participating in the Contest or by claiming the 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 Contest; (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 Offers), printing errors or omissions, clerical, typographical or other errors or omissions in any Contest advertisement or other materials or postings or any Declaration and Release; (f) any errors, omissions 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 My McD’s® App or tampering, hacking, or by any equipment or programming associated with, or utilized in the Contest, or (h) the incorrect or inaccurate capture of information or the failure to capture or loss of any information.

    Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering or interfering in any way with the operation or conduct of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the apparent intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any Declaration and Release submitted becomes the sole property of Sponsor and will not be returned. Sponsor shall not be responsible to correspond with Participants. By participating in the Contest, each Participant hereby releases and agrees to hold the Contest 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 Contest or in any Contest-related activity or the receipt, use or misuse of the Prize or portion thereof. Participants waive the right to assert as a cost of winning the 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 the Prize. By participating in the Contest the Prize 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 Province/territory) and any statements made by or attributed to such Prize winner in any and all media, now known or hereafter devised, without prior notice, review, comment or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Contest and other promotions without further compensation, and releases the Contest Entities from any liability with respect thereto.


  10. DIGITAL DEVICE REQUIREMENTS. Using a Digital Device and/or Operating System not supported by the My McD’s® App may prevent participation in the Contest. A Participant’s Digital Device also must support the Operating System that the App requires for his/her specific device. While all efforts are made to support current Operating Systems and Digital Devices based on the My McD’s® App System Requirements, new Operating Systems and/or Digital Devices may not be supported if brought to market after the development of this Contest. Sponsor is not responsible for any browser or device supporting issues.

    My McD’s® App System Requirements:

     


    • Android™ 4.4+
    • iOS 9.0+ compatible with iPhone, iPad and iPod Touch


  11. DISCLAIMER OF WARRANTIES

    . TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SPONSOR MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTEST 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.


  12. MISCELLANEOUS.

    1. General: General: It is each Participant’s responsibility to ensure that he/she has complied in full with all of the conditions and requirements contained in these Official Rules.



    2. Force Majeure/Printing and Production Errors or Omissions: Subject to any governmental approval which may be required, the Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or to modify, suspend or extend the Contest, if it determines, in its sole discretion, that the Contest in any way and for any reason is impaired or corrupted or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses, computer system overload or any other kind of electronic or other overload, glitches or printing or production errors or omissions) have destroyed or severely undermined the proper play, integrity and/or feasibility of the Contest. In the event that, in the Sponsor’s sole opinion, the Sponsor is impeded or prevented from continuing with the Contest as planned or intended by any event beyond its control, including, but not limited to fire, flood, natural or manmade epidemic or crisis, earthquake, explosion, labour 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), any federal, Provincial, territorial or local government law, order or regulation, public health crisis, the order of any court or jurisdiction, or by any other cause not reasonably within the Sponsor’s control, then subject to any governmental approval which may be required, the Sponsor shall have the right to modify, suspend, extend or terminate the Contest.


    3. 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 or considered 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 the Sponsor. Subject to the provisions of these Official Rules, employees of the Sponsor, or of any of its franchisees, are not authorized to modify, amend or waive these Official Rules.


    4. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between one or more Participants and the Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the federal laws of Canada, and in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those Ontario laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause or bring about the application of any other jurisdiction’s laws. All Participants, the Sponsor and all other parties hereby attorn to the jurisdiction of the courts of the Province of Ontario, sitting in the City of Toronto, Ontario, in respect of the determination of any matter or dispute arising under or in respect to the Contest or these Official Rules and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario.


    5. Language or Other Discrepancy: In the event that there is a discrepancy or inconsistency between the English-language version and the French-language version of these Official Rules or of any Declaration and Release(s), the English version shall prevail, govern and control. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest Materials or in the Declaration and Release, or in advertising or other publicity or materials or communications concerning or related to the Contest, and the provisions contained in these Official Rules, the provisions in these Official Rules shall prevail, govern and control.


    6. Quebec Residents: RESIDENTS OF THE PROVINCE OF QUEBEC MAY SUBMIT ANY LITIGATION RESPECTING THE CONDUCT OR ORGANIZATION OF A PUBLICITY CONTEST TO THE RÉGIE DES ALCOOLS, DES COURSES ET DES JEUX FOR A RULING. ANY LITIGATION RESPECTING THE AWARDING OF A PRIZE MAY BE SUBMITTED TO THE RÉGIE ONLY FOR THE PURPOSE OF HELPING THE PARTIES REACH A SETTLEMENT.



    7. Privacy: Information, including personal information, collected in connection with the Contest may be shared with the Redemption Centre to the extent necessary to fulfill the Prize. Except as otherwise contemplated in these Official Rules, information collected by the Sponsor in connection with the Contest will be used by the Sponsor in accordance with the Sponsor’s online privacy policy posted at mcdonalds.ca.


    8. Cooperation in Prize Award Event(s): In consideration of being awarded the Prize in the Contest, the Prize winner (and if the Prize winner is a Minor, his/her parent or legal guardian), agrees to participate fully and without compensation in any announcement(s) and/or presentation ceremony/ceremonies and/or event or events organized or presented by the Sponsor in its sole discretion related to the granting of a Prize to such Prize winner and/or related to the Prize winner’s participating in the Prize, including the use and enjoyment of the Prize, including, without limitation, press events before, during and/or after the completion of any travel encompassed in the Prize.


    9. Official Rules Availability: These Official Rules will be available at mcdonalds.ca until October 15, 2018. To receive a copy of the Official Rules via mail, a Participant should mail, in a postage-paid outer envelope, a self-addressed, postage-paid envelope to: The My McD’s® Big Mac® Gold Card Contest Official Rules Request, PO Box 12073, Saint John, NB, E2L 5E7. Limit one (1) self-addressed, postage paid envelope per outer envelope.


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