McDonald’s Pokémon Happy Meal Prize Draw Terms and Conditions
1.1 The Draw is promoted by McDonald's Restaurants Limited ("McDonald's") and is subject to these Terms and Conditions stated below ("Terms"). By participating in the Promotion, each entrant agrees to be bound by these Rules.
1.2 The Draw opens on 02 January and closes at 23.59 on 09 January 2020. Entries received after that date shall not be entered in to the Draw.
2.1 Entries to the Draw may only be made by anyone meeting each of the following requirements:
(a) receiving a McDonald’s Happy Meal newsletter sent on 02 January 2020 (at McDonald's discretion) which includes an invitation to enter the Draw and which has been sent to selected, existing subscribers to McDonald's newsletter-emails ("qualifying newsletter"),
(b) who is aged 18 or over and a UK resident,
(c) who is eligible to enter under these Terms ("Entrant").
2.2 The following are not eligible to participate:
(a) employees and immediate family members of employees of any of McDonald's Restaurants Limited ("McDonald's"), its franchisees, licensees, subsidiaries, agents and advisors,
(b) other persons assisting with this promotion,
(c) any person not being an natural person or any syndicate or collection of persons acting in concert, or
(d) any person using the services of or which is an entity carrying on the business of entering (or advising on entering) prize promotions.
3 How to Enter
3.1 Entry is made by an eligible person:
(a) accepting the Terms and entering by clicking on the "Enter now" link in the qualifying newsletter, and
(b) otherwise complying with any other eligibility and entry requirements in the qualifying newsletter and in the Terms.
3.2 There is a limit of one entry per qualifying newsletter.
3.3 There is no alternative method of entry. McDonald's makes no charge for entry. For any digital method of entry requiring an internet connection, the Entrant's normal data charges will apply.
4 Conduct of Promotion Which is a Draw
4.1 All valid entries for the promotional draw will be collated and will compete for the prize or prizes. The draw will take place within 7 days after the last date for entering. The winner will be the first valid entry or entries drawn at random on the date the draw is conducted under independent supervision via a computer programme producing a verifiably random result.
4.2 In the event that any winning entry later proves to be invalid or adjudged void then McDonald's may re-award the relevant prize as it sees fit (but shall not be obliged to do so); specifically, the drawing of one or more reserve entries for any draw shall not of itself imply any obligation for McDonald's to award a prize to a reserve entry should a winning entry become invalid or adjudged void.
5 The Prize(s)
5.1 There are 30 prizes for the Draw and each prize is a Pokémon Trading Card Theme Deck featuring 60 cards in a deck and a metallic Pokémon coin and damage counters.
5.2 A winner and any companion(s) must comply with all applicable terms and conditions which may include (without limit) identifying details such as full name, UK residential address suitable for receipt of post and email address. Failure to do so may result in forfeiture of the prize.
5.3 Any costs which it may be necessary or desirable for the winner and any companion(s) to incur in connection with a prize (e.g. subsistence, accommodation, transportation) and which costs are not expressly stated as being included within the prize shall be the sole responsibility of the winner and/or any companion(s).
5.4 If McDonald's wishes to increase the prize pool during a promotion it may (but shall not be obliged to) do so. Prize descriptions are illustrative.
5.5 Prizes may not be exchanged, encashed or transferred.
6 Notification of a Prize Claim or Award
6.1 McDonald's shall send notice to the winner within 7 days of the closing date for entries to the Draw by email to the winners email address which received the qualifying newsletter.
6.2 The winner shall respond to the notice by email within 7 days with the winner's own residential address which is valid for receiving registered post for the receipt of a prize or for any other purpose stated by the McDonald's to which the prize is to be sent together with any other information and/or documents which McDonald's requests.
6.3 Following receipt from each winner of all requested information by no later than 7 days after the date of McDonald's initial notification-email to the winner and in the required manner, McDonald's shall within 30 days send the prize by registered mail to the winner to the address provided. It is the entrant's responsibility to enable timely delivery or make timely collection-arrangements from the postal or courier service.
6.4 Each prize is awarded conditionally upon the winner and (if the prize is to be shared by the winner and any companion(s)) each companion accepting the terms and conditions of the prize provider or, in the case of more than one contractor being involved in the provision of a prize, the providers. Details of such terms and conditions of the providers for a particular promotion may be obtained within 7 days of the closing date for entries of the relevant promotion, by sending a stamped self-addressed envelope to McDonald's at the address below marking the envelope with the name of the promotion.
6.5 Failure of a winner to follow the deadlines and other instructions of McDonald's at any stage of the Draw and prize fulfilment process (whether or not communicated via an agent) may result (in McDonald's sole discretion) in the prize being withheld and the winner's claim being judged void for all purposes.
6.6 All unawarded or unclaimed prizes will lapse if not awarded or if awarded but not collected or retained (whether due to failure to sign for delivery or otherwise) within two months of the Draw or one month from the end of any scheduled delivery date (whichever is later).
6.7 Prizes will be awarded for the Draw only on verification by McDonald's that the entrant has complied with the Terms. McDonald's (and any prize supplier) may carry out such background checks and require such information as it considers necessary or desirable for the purposes of verifying eligibility or the validity of any entry and any prize may be withheld unless and until McDonald's is satisfied with the verification.
6.8 Reference in the Terms or any promotional advertising, material or communication to any person as a "winner" or which otherwise expresses or might imply that a prize has been won, shall not thereby imply a waiver of any prize-claim/verification processes relating to the award of that prize or of McDonald's rights under the Terms to withhold the prize, require its return or cancellation (if already awarded), to adjudge the prize-claim as void for any or all purposes and/or to rule the entrant as ineligible for this and/or other promotions.
7.1 To the fullest extent permitted by applicable law (but not otherwise) McDonald's and its agents assume no responsibility and are not liable for (i) the accuracy or otherwise of the prize description or illustration, (ii) any representation, warranty, condition or guarantee in respect of a prize (other than those warranties or conditions implied by statute and which cannot be excluded), (iii) the non-availability, loss, late or non- receipt, damage, illegibility or non-readability of a prize notification or other communication sent in connection with this promotion (iv) verifying whether the person awarded a prize is the person entitled to claim that prize (v) any taxes, fees, charges or other costs which winners may be required to pay any time in connection with a prize, (save to the extent that McDonald's has expressly and specifically accepted responsibility on the Site). Nothing in these terms and conditions will limit the McDonald's' liability for death or personal injury caused by its negligence or for fraud.
7.2 Please note that no association is to be implied by this Draw, the prize-pool or any arrangements in relation to prize-fulfilment (including, if appropriate, any ticket provider, event authority or venue authority) between McDonald's and Virgin Holidays or Virgin Gift Card and Virgin Holidays and Virgin Gift Card are not a sponsor of this promotion.
8.1 Please see https://www.mcdonalds.com/gb/en-gb/privacy-policy.html for details of our privacy Statement applying to this Promotion.
8.2 Please note: selected partners of McDonald's and/or 3rd parties (depending upon the nature of the prize and whether in addition to or in place of an entrant providing personal data to McDonald's) may require entrants to provide to any such partner or 3rd party personal-data in connection with claiming/redeeming prizes and (for prizes which are vouchers) any products or services of partners or 3rd parties which are to be redeemed using prize-vouchers, so entrants should satisfy themselves with the privacy policies of such partners and 3rd parties, as McDonald's cannot accept any responsibility for them.
8.3 Subject to clause 8.4 and 8.5 and without prejudice to McDonald's data protection obligations under relevant law, McDonald's shall make available, upon receipt of a written request to McDonald’s Pokémon Happy Meal Prize Draw, c/o Armadillo, 5th Floor, The Quorum, Bond Street, Bristol, BS1 3AE, the winner's surname and county or such other information McDonald's deems necessary.
8.4 Entrants to the promotion shall, at or before the time of entry, have the right to object to all or some of their personal information being made available in accordance with clause 8.3. You can object by contacting our Customer Services team at https://customerservices.mcdonalds.co.uk/hc/en-gb/requests/new.
8.5 Without prejudice to clause 8.3 and 8.4 above, McDonald's shall provide the information set out in clause 8.3 upon request from the Advertising Standards Authority.
9 McDonald's Rights
9.1 McDonald's may (i) extend any time limit or waive any of the Terms where a person might otherwise have been disqualified (without obliging McDonald's to relax the Terms in any other case whatsoever), (ii) terminate, suspend and/or extend this promotion at any time due to supervening circumstances beyond McDonald's control including (but not limited to) technical or operational problems with the Site or for any fact, matter or circumstance which (in McDonald's opinion) adversely affects, or may adversely affect, the proper, fair or secure conduct or operation of any aspect of this promotion or its administration, (iii) substitute a product deemed to be an appropriate replacement and of equal or greater value in the place of any of the prizes, and (iv) treat any of its rights under the Rules as having been granted for the benefit of McDonald's and such of its subsidiaries, holding companies, fellow subsidiaries, franchisees, licensees agencies and commercial partners as McDonald's determines is relevant to any aspect of the promotion.
9.2 McDonald's decision in the exercise or interpretation of any of its rights or discretions in connection with the Terms shall be final and binding.
10.1 All age limits shall be deemed to be actual age as at the time of acceptance of the Terms, unless expressly stated otherwise in these Terms.
10.2 Should McDonald's determine based on the evidence in its possession at any given time that a person is misusing or tampering or attempting to misuse or tamper with the proper conduct of this Promotion (and whether or not that person has submitted an entry and is otherwise in breach of the Terms), then McDonald's may adjudge (in its sole discretion) that such person is ineligible to take part in this promotion and every other promotion or offer of McDonald's and may direct that every entry, claim and request by that entrant is to be automatically void or invalid.
10.3 Any entry will be void (unless otherwise directed by McDonald's) having deemed it (in McDonald's discretion) (i) to be incomplete, damaged or unreadable or (ii) to have been made by an ineligible person or (iii) to have failed to comply with these Terms.
10.4 For any entry which is or becomes void, any corresponding prize claim shall become invalid and in consequence McDonald's may withdraw or cancel any prize notification or award and oblige the entrant to (i) forfeit all rights to the prize (ii) (if McDonald's deems this to be applicable) return the prize at the entrant's expense in the same condition as awarded and (iii) accept that no right of compensation shall arise.
10.5 McDonald's may (in its sole discretion) (i) decline to enter into any correspondence save as otherwise stated in these Terms, (ii) alter these Terms during the Prize Draw to the extent it considers necessary or desirable to maintain and preserve the integrity and reputation of the Prize Draw or the fair, effective or secure operation of the Prize Draw, and (iii) perform any stated function in these Terms via an agent and the entrant shall be required to accept such performance as if it was directly by McDonald's.
10.6 Nothing in these Terms shall affect your statutory rights.
10.7 By entering this promotion you are deemed to have accepted these Terms and to be bound by the Terms and to their interpretation under English law and by the English courts.
10.8 All McDonald's references marked with a TM are trademarks of McDonald's Corporation. All other trade marks are the properties of their respective owners. © 2019 McDonald's Restaurants Limited. All rights reserved.
10.9 All communications relating to the Draw should be addressed to the promotion address as follows: McDonald’s Pokémon Happy Meal Prize Draw, c/o Armadillo, The Quorum, Bond Street, Bristol, BS1 3AE.
Promoter: McDonald's Restaurants Ltd, 11-59 High Road, East Finchley, London, N2 8AW.