WINNING SIPS AT MCDONALD’S 2024 ROI PROMOTION

CONSUMER TERMS AND CONDITIONS (“RULES”)

1.     ENTRANTS

1.1.     Each entrant must be aged 18 or over and a resident of the Republic of Ireland to participate in the Winning Sips at McDonald’s 2024 ROI Promotion (“Promotion”).

1.2.     The following are not eligible to participate in the Promotion:

(a)     any person who is at any time during the Promotion an employee (or an immediate family member of any such employee) of McDonald’s Restaurants of Ireland Limited (referred to in these Rules as the Promoter” or McDonald’s”) or any of its franchisees, subsidiaries, agents and advisors,

(b)    any person who is at any time during the Promotion an employee (or an immediate family member of any such employee) of any company responsible for redemption of prizes or for supplying prizes for the Promotion or any of their respective subsidiaries, agents and advisors,

(c)     other persons assisting with this Promotion,

(d)    any person not being an individual person,

(e)    any syndicate or collection of persons acting in concert,

(f)      any person entering via an agent, or using the services of or which is an entity carrying on the business of entering (or advising on entering) prize promotions, and

(g)     any person using any application or process to submit an entry on that person’s behalf automatically or by proxy.

 

2.     DURATION OF THE PROMOTION

2.1.     The Promotion is scheduled to take place between 09:00:00 on 13th March 2024 and 23:59:59 on 16th April 2024 (inclusive) (the “Promotion Period”) at participating McDonald’s restaurants located in the Republic of Ireland (each a “participating McDonald’s restaurant”).

2.2.     Opening hours and services are variable and subject to change – any concern as to whether the Promotion is available and/or if Cold Cups will be served at a specific time, should be checked with the customer’s selected restaurant before ordering or travelling.

2.3.     Any supervening circumstance beyond McDonald’s control which causes McDonald’s to exercise its rights in Section 7 may include McDonald’s curtailing, deferring and/or extending any scheduled period for entering any game, claiming any prize and/or completing any prize-fulfilment process referred to in these Rules at any time (including, without limit, for the purpose of issuing stocks of on-pack labels incorporating the Promotion entry codes on Game Pieces) which would otherwise remain undistributed at the end of the Promotion or for enabling originally estimated volumes of game-entries to be made).  

    

3.     HOW TO ENTER

3.1.     Game Pieces:

(a)     How To Obtain a Game Piece - Whilst stocks of Promotion packaging at participating McDonald’s restaurants last, customers can obtain a Promotion Game Piece Code from an on-pack label (“Game Piece”) on the purchase of any of the following medium (0.4L) or large (0.5L) drinks affixed to a promotional cold cup (“Cold Cup”):

  •        Coca-Cola® Zero Sugar
    •        Diet Coke®
    •        Sprite® Zero
    •        Coca-Cola® Classic
    •        Fanta® Orange
    •        Chocolate Milkshake
    •        Strawberry Milkshake
    •        Vanilla Milkshake

Please note the promotional menu item ‘Shamrock Shake’ will not be included in the Promotion.

Carefully remove the Game Piece from the packaging by peeling back where indicated on the Cold Cup. If a Game Piece is already damaged when you receive it in-restaurant, you must immediately notify a member of McDonalds staff (“Crew Member”).

Please note not all qualifying drinks are served in every McDonald’s restaurant and restaurants may (with or without notice) have to limit or otherwise vary their range of qualifying drinks, awards of Game Pieces, serving hours and/or purchasing-channels, due to the direct or indirect impact on McDonald’s of supervening events beyond its control.

(b)    Delivery Orders – Please note that supply of Game Pieces is always subject to availability. Orders made remotely via delivery companies (UberEats, JustEat and Deliveroo) do not and cannot guarantee availability of Game Pieces. Real-time availability of promotional drink cups bearing a Game Piece can only be checked in-person at a restaurant. As a result, a customer wishing to obtain a Game Piece should visit a participating McDonald’s restaurant and check availability with a Crew Member before placing an order in-person.

(c)     Volume of Game Pieces – McDonald’s has produced a total volume of Game Pieces across the 2 types of Cold Cup sizes, which McDonald’s considers reasonably likely to satisfy estimated demand for Game Pieces during the Promotion. Should demand across the different Cold Cup sizes prove to be inconsistent, then Game Pieces may run out prior to the end of the Promotion for one Cold Cup size, whilst remaining undistributed at the end of the Promotion for another Cold Cup size and that situation will change from restaurant to restaurant. As a result, customers wishing to obtain Game Pieces towards the end of the Promotion should check with a Crew Member at the customer’s selected restaurant which Cold Cups are most likely still to be supplied with Game Pieces, before placing an order.

(d)    McDonald’s Fair Ordering Policy – This will apply over the scheduled duration of the Promotion to assist McDonald’s to prevent inconsistent or premature depletion during the scheduled period of the Promotion of stocks of Game Pieces across one or more of the Cold Cups. Steps may be taken to apply a restaurant-wide maximum limit on numbers of Game Pieces per order and/or a specific restriction against any order which does not appear to restaurant-servers or managers (in their discretion) to be primarily for the purposes of consumption by the persons ordering and others in their parties. Please view the news page of the McDonald’s App or website at mcdonalds.ie/winningsips/news during the Promotion to check for any announcements about implementation of the Fair Ordering Policy.

 

3.2.     Play in App

(a)    Participation in the Promotion, including initiation and storage of selected prize claims, require prior registration for the Promotion via the McDonald’s App (“McDonalds App”) in order to create an account with a digital location personal to each registrant (“Winning Sips Wallet”).

(b)    To create a Winning Sips Wallet a customer must successfully download an up-to-date version of the McDonald’s App on to a compatible smartphone or other device and register for a McDonald’s App account (“Account”). The email address used to register this Account must be the same email address that the registrant then uses to play and claim prizes in the Promotion. Once you have created an Account you will be able to access your Winning Sips Wallet on the McDonald’s App by using the same log-in details. If you create more than one Winning Sips Wallet by using a different email address, you will not be able to combine them and may be disqualified from participating in the Promotion if the Promoter determines this to be appropriate (in its discretion).

(c)    The registrant will be required to accept the terms and conditions of use of the McDonald’s App and be aware that the registrant’s data will be held and managed in accordance with the Promoter’s Privacy Statement. It is the registrant’s responsibility to obtain permission in advance from the person who owns or pays for the device and internet-service.

 

3.3.  Entering your Game Piece Code

(a)   In order to enter the Promotion you must enter your unique 12-character games piece code (“Game Piece Code”) into the McDonald’s App. No Game Piece Code can be used more than once and, once a Game Piece Code has been entered into the McDonald’s App, that Game Piece Code cannot be used to enter the Promotion again.

(b)  Entrants may enter up to a maximum of 8 Game Piece Codes per day into the McDonald’s App. Any Game Piece Code entered after a maximum of 8 Game Piece Codes has been reached will remain valid and can be entered the following day. The entry can be made at any time during the Promotion Period.

 

3.4.  Answering the skill-based question

(a)   When entering a valid Game Piece Code in accordance with Section 3.3 above, a multiple-choice skill-based question will be randomly allocated to you and displayed onscreen at the code-entry page for the Promotion within the McDonald’s App. You will have one attempt to enter a valid Game Piece Code and answer the question correctly by selecting one of the available multiple-choice answers.

(b)   If you select the incorrect answer then you will not be awarded any prizes or entry to the Prize Draw, and will be directed back to the code-entry page for the Promotion within the McDonald’s App. The Game Piece Code used for this entry will be invalid and cannot be used again. A new unique Game Piece Code will be required for you to enter the Promotion again.

(c)   If you select the correct answer to the multiple-choice skill-based question then you will be awarded a Prize Outcome or entry to the Prize Draw, in the McDonald’s App (each a “Reveal”).

 

3.5.     Types of Game Play: A Game Piece will feature:

(a)  Upon successfully entering a valid Game Piece Code the answering correctly of the skill testing question and recorded receipt by the Promotion servers of a valid entry (“App Entry”), the Promotion-servers will allocate it to one of the following outcomes (“App Outcome”):

(i)  Prize Outcome, meaning thatthe App Entry has been recorded by the Promotion servers as having been received when there is a winning moment available to be won (“Winning Moment”) which has been generated from the stack of prizes stated in the Prize Pool Table set out at section 4.1 below comprising of cash, food, and merchandise prizes (“Prize Outcome”).

(ii) Prize Draw meaning that the App Entry has been recorded by the Promotion servers as having been received when there are no Winning Moments available to be won and has generated one entry to the prize draw described under the heading ‘Prize Draw’ in the Prize Pool Table of section 4.1 below (the “Prize Draw”). 

Every App Entry will receive notification in the McDonald’s App of one type of Prize Outcome or Prize Draw entry. The Winning Sips Wallet and Offers wallet will track each Prize Outcome or Prize Draw entry allocated to your Account but please keep hold of your Game Piece until the claim verification process is complete and you have received your prize.

 

3.6.     Using Game Pieces and Security:

(a)     Limit of one prize-claim per Game Piece – No Game Piece or Game Piece Code can be used for more than one prize claim and, once a claim has been submitted, the Game Piece and Game Piece Code relating to that claim may not be used for any other claim.

(b)    Retaining Game Pieces – Please make sure Game Pieces are kept safe and undamaged at all times. The Promoter reserves the right to require the claimant to send the winning Game Piece to the Promoter for verification as a pre-condition to the prize claim being verified. Verification can take place even after notification that an award is being or has been made.

(c)     Keeping Game Piece codes private – Please make sure Game Piece codes are kept private without being revealed to anyone else (other than to the Promoter in accordance with these Rules). Failure to do this may result in the Promoter determining (in its discretion) that the Game Piece Code together with all associated entries and/or prize-claims are void (and the Promoter may take this action irrespective of whether or not there is any evidence to suggest that the failure has resulted or will result in a wrongful prize claim or other action).

 

3.7.     Distribution and allocation of Game Pieces, Prizes and Outcomes:

(a)     Distribution procedure for Game Pieces – All Game Pieces contain unique Game Piece Codes and have been produced in advance of the Promotion and distributed by the Promoter amongst participating McDonald’s restaurants. Following distribution, participating McDonald’s restaurants make every endeavour to reduce wastage of packaging to a minimum, but in the event this can’t be avoided for food safety or other reasons and promotional packaging has to be destroyed, any corresponding Game Pieces attached to that packaging will also be destroyed without examination.   

(b)    Distribution of Game Pieces and Allocation of Outcomes for the App Game – In the interests of ensuring a more balanced and fair distribution of prizes amongst entrants:

(i)         Game Piece Codes are not linked to any prize, result or outcome. A Prize Outcome is randomly allocated to entrants who enter an App Entry.

(ii)        An entrant who enters an App Entry at a Winning Moment will be awarded a Prize Outcome associated with that specific Winning Moment. If no entries occur at a specific Winning Moment, then the first entrant after that Winning Moment may be awarded the Prize Outcome associated with that Winning Moment.

(iii) Any App Entry which is not allocated to a specific Winning Moment shall be allocated to a Prize Draw entry.

4.     PRIZE-DESCRIPTIONS AND CONDITIONS

4.1.     Prize Pools-Table:

 

Prize Type

Prize Description

Number of Prizes

Cash

€200 Cash

2

€100 Cash

10

€50 Cash

30

€20 Cash

390

€10 Cash

2,650

€5 Cash

13,388
Food

Sausage & Egg McMuffin®

20,000
 

Hash Brown

15,000
 

Flahavan's® Quick Oats®

7,500
 

Big Mac®

22,500
 

6 Chicken McNuggets®

30,000
 Cheeseburger

25,000

 

McPlant®

10,000
 Fruit Bag

12,500

 

McFlurry®

22,500
 

Apple Pie

42,500
 

Any Regular McCafé® Hot Drink

13,750
 

Medium Coca-Cola® Zero Sugar

21,250
 

Medium Milkshake

7,500
Merchandise

McDonald’s Cooler Bag

150

 

McDonald’s Drinks Sling

1,000
 

McDonald’s Socks

1,200

 

Coca-Cola® Glass

2,000
 

McDonald’s Bottle

10,000

Prize Draw

€1,000 Cash

10

    

4.2.     Further Prize Details and Conditions:

(a)     Cash Prize - Each cash prize awarded as part of the Promotion must be claimed on or before 30th April 2024. Each cash prize will be paid to the winner by bank transfer or by personal cheque if appropriate (in McDonald’s discretion), without any right to interest and only in euros. See section 5.2(a) for details of how to claim your Cash Prize.

(b)    Food Voucher Prize - Each Food Voucher Prize awarded as part of the Promotion shall be automatically added to the ‘My Offers’ (as applicable) section of the respective winner’s Account. Each voucher can only be redeemed on or before 30th April 2024. See section 5.2(b) for details of how to claim your Food Voucher Prize.

(c)     Merchandise Prize – A Merchandise Prize awarded as part of the Promotion shall be one of the following:

(i)      McDonald’s Cooler Bag – each “Cooler Bag” prize is a McDonald’s branded Cooler Bag. 100% Cotton.

(ii)     McDonald’s Drinks Sling – each “Drinks Sling” prize is a McDonald’s branded Drinks Sling. 100% Cotton.

(iii)   McDonald’s Bottle – each “Bottle” prize is a McDonald’s branded Bottle. 100% Stainless Steel, Thermo (vacuum insulated) reusable Water Bottle, size 22x7.2cm.

(iv)   Pair of McDonald’s Cotton Socks – each “Socks” prize is a pair of McDonald’s branded socks. There are 2 sizes of sock available, being EU 35-39 and EU 40-44. The size sent to each winner of this prize will be selected at random. A winner cannot specify any size preference.

(v)     Coca-Cola® Glass – each “Glass” prize consists of 1 Coca-Cola branded glass. There are 2 colours of glass available: blue and yellow. The colour of the glass sent to each winner of this prize will be selected at random. A winner cannot specify any colour preference.

See section 5.2(c) for details of how to claim your Merchandise Prize.

(d)   Prize Draw – Each €1,000 cash prize awarded as part of the Promotion must be claimed on or before 7th May 2024. Each cash prize will be paid to the winner by bank transfer or by personal cheque if appropriate (in McDonald’s discretion), without any right to interest and only in euros. See section 5.2(a) for details of how to claim Cash prize.

    

4.3.     Conditions applicable to all Prizes:

(a)     Prizes may not be exchanged, in whole or in part, for any cash or other alternative (unless stated) and prizes and Game Pieces or their Game Piece Codes are not transferable, divisible or permitted to be sold, resold or gifted.

(b)     The Promoter shall not be under any obligation to enquire whether the person submitting any prize claim:

(i)         is the person entitled to make the claim, irrespective as to whether or not that person first obtained that Game Piece or Game Piece Code, or

(ii)        is otherwise eligible to claim the prize, or

(iii)       has supplied accurate and true details to ensure that a prize is only claimed by and fulfilled for the benefit of the winner,

       and no such enquiry or omission to make enquiry shall affect the Promoter’s rights in relation to anyone in breach of the Rules, including the right to disqualify anyone who sells, gives away or discloses (or attempts to do any of these things) a Game Piece, Game Piece Code or a Prize Outcome.

(c)     Call costs of the claims/redemption/other assistance phone-lines for the Promotion depend on the type of number called, duration of call and the access charges payable to the caller’s phone company. Phone-lines are live, not automated, so call-duration will vary and there is no minimum or maximum duration.

(d)     Responsibility and costs of obtaining and using internet-enabled equipment and broadband or other internet services (whether for a landline or via a mobile network) needed in connection with the Promotion (including without limit for the purposes of participation, prize-claims and utilisation of prizes requiring such equipment and/or services), is solely that of participants in all cases.

(e)     All advertisements depicting the prizes and prize descriptions are illustrative rather than definitive.

(f)      All unawarded or unclaimed prizes will lapse if not the subject of valid claims and the award of which has been completed within the time limits as prescribed by these Rules and in any event by 31st July 2024 at the latest (unless otherwise specifically stated).

5.     HOW TO CLAIM PRIZES

5.1.     General: Before claiming any prize in this Promotion, please pay particular attention to the appropriate section(s) below and note that:

(a)     For all Cash Prizes, it is the winner’s responsibility to make the necessary arrangements to facilitate payment into a suitable licensed bank account in the Republic of Ireland. The Promoter’s offer to pay by bank transfer shall not prevent the Promoter from opting to make the payment by bankers’ draft or personal cheque (posted to the address specified in the prize claim form) at the Promoter’s discretion. The entrant agrees that payment of the prize by bank transfer shall be at the entrant’s risk and that if the transfer is not received in the entrant’s nominated account (as specified in the prize claim form) due to bank error or any other reason that is not directly due to the Promoter then the Promoter shall not be liable.

(b)     Each prize claim must be submitted in accordance with these Rules, including in accordance with all instructions and deadlines specified in the Rules (with the deadlines applying to the time of receipt by the Promoter) and any failure to do so will cause the prize to be forfeited and the prize claim and corresponding Game Piece and/or App Entry to become invalid and void, all without any right to compensation.

(c)     It is the entrant’s responsibility to contact the Promoter in the event of non-receipt of any communication stated in these Rules – all deadlines and time limits shall continue to apply regardless of such non-receipt.

(d)     If disconnected for any reason prior to receiving the message that the claim form was successfully received or if a Food Voucher Prize has not been automatically added to the ‘Your Offers’ (as applicable) section of your McDonald’s App account, then you should find the prize notification in your Winning Sips Wallet and you should attempt to resubmit it by the deadline in case the previous attempt to submit the claim-form was not registered by the Promotion servers. Upon the attempt to initiate the further opportunity to submit a claim form, you will receive an on-screen message from the Promotion servers stating that the award is confirmed or the claim is invalid with such decision being final and binding and resulting in the entry and prize-claim becoming void and the prize withheld.[1] Any reason for non-award stated in the on-screen message that the claim is invalid shall not entitle the claimant to contest the basis of the decision as stated, irrespective of whether that given reason is incorrect.

(e)     The Promoter may require to see an entrant’s Game Piece or Game Piece Code for any purpose and at any time (even after a prize-award), following which that entrant must post (at the entrant’s expense) any Game Piece used in the entrant’s prize claim or as requested by the Promoter (and, in that event, it is recommended that a Game Piece is sent in an envelope by registered post from a post office after ordering and paying for this service). Failure to present any Game Piece or Game Piece Code if requested will result in the corresponding prize claim and Game Piece becoming void, whereupon the prize award will be withheld or cancelled or, if already dispatched, must be returned at that entrant’s expense.

(f)      Calls relating to prize claims may be recorded for the purposes of promotional security, in which event callers will be notified of this at the outset of the call.

(g)     Please do not try and redeem a non-food prizes in a participating McDonald’s restaurant as   Crew Members have no authority to redeem any non-food prizes.

 

    

5.2     Prize Claim Process

(a)     Cash Prize  – If an entrant wins a cash prize they will receive immediate notification in the McDonald’s App of the type of prize awarded and corresponding in app claim form requiring completion and submission, as instructed in the Winning Sips Wallet. The claim form must be submitted on or before 30th April 2024. Unsubmitted claim forms can also be accessed by going to the Winning Sips Wallet. Each entrant will need to provide the requested information, which will include the name of the participating McDonald’s restaurant where the Game Piece was obtained, the entrant’s date of birth (to confirm eligibility), full name, ROI address and bank details. Subject to verification, the entrant will then receive an on-screen award notification and confirmation of the relevant fulfilment action being taken by McDonald’s to enable the winner to receive the prize within 30 days, as well as an email sent to the email address the entrant provided in the claim form which confirms the same information.

(b)    Food Voucher Prize - Each winner will receive notification of the food voucher prize awarded as part of the Promotion and the Food Voucher Prize shall be automatically added to the ‘Your Offers’ (as applicable) section of your Account. To use the Food Voucher Prize, you need to redeem in a participating McDonald’s restaurant at the counter or drive thru on or before 30th April 2024, by activating it from the ‘Your Offers’ (as applicable) section of the McDonald’s App:

Please note: (a) Food voucher-prizes can’t be redeemed via any websites or apps of Uber Eats, Deliveroo or Just Eat, (b) Food items are subject to availability and serving hours and are not permitted to be customised, (c) Food Voucher Prizes are not for use in conjunction with any other voucher, promotion or offer, can only be redeemed once and cannot be applied retrospectively, (d) Only one Food Voucher Prize may be redeemed per transaction.

(c)   Merchandise Prize – Each winner will receive immediate notification in the McDonald’s App of the type of prize awarded and corresponding in app claim form requiring completion and submission, as instructed in the Winning Sips Wallet. The claim form must be submitted on or before 30th April 2024. Unsubmitted in app claim forms can also be accessed by going to the Winning Sips Wallet. Each entrant will need to provide the requested information, which will include the restaurant name where the Game Piece was obtained, the entrant's full name, ROI address and date of birth. Subject to verification, the Promoter will award the prize by despatching the prize by post or courier to the entrant’s address in the Republic of Ireland (as specified in the claim form) within 30 days of the claim form being completed.


6.     RESPONSIBILITY

6.1.     To the fullest extent permitted by applicable law (but not otherwise) the Promoter and its agents assume no responsibility and are not liable for:

(a)     the accuracy or otherwise of the prize description or illustration,

(b)    the non-availability, loss, interception or interference with, late or non-receipt, corruption or damage of or to any entry, prize claim, Game Piece, Game Piece Code, prize or notification or other communication,

(c)     (other than those warranties or conditions implied by statute and which cannot be excluded by the Promoter) any representation, warranty, condition or guarantee in respect of a prize,

(d)    any taxes, fees, charges or other costs which winners may be required to pay at any time in connection with a prize, (save to the extent that the Promoter has expressly and specifically accepted responsibility in these Rules for the same),

(e)    any actual or perceived loss or reduction of opportunity or any actual or perceived damage arising at any time in connection in either case with the termination, cancellation, suspension, postponement or alteration of or to the Promotion (or to any part, game, feature or other element of the Promotion or the manner in which it is to be conducted) and which termination, cancellation, suspension, postponement or alteration is due to supervening circumstances beyond the Promoter’s control, or

(f)      any actual or perceived loss of opportunity or damage arising in connection with any omission or in reviewing and acting upon information in the Rules or announcement posted on the news page of the McDonald’s App or website at mcdonalds.ie/winningsips/news in the lead up to, during the course of or after the Promotion.

 

7.     THE PROMOTER’S RIGHTS

7.1.     The Promoter may (a) extend any time limit, exercise a right of discretion or waive any of the Rules where a person might otherwise have been disqualified or otherwise disadvantaged (without obliging the Promoter to extend any time limit, exercise a right of discretion or waive any Rule on any further occasion for that entrant or at all for any other person), (b) terminate, suspend, cancel, postpone or vary the Promotion (or any part, feature or element of the Promotion including, without limit, any entry-method, game, prize or prize-pool,) at any time due to supervening circumstances beyond the Promoter’s control including (without limit) those which the Promoter determines have or are likely to compromise the security or credibility of the Promotion (or the affected part, feature or element of it), and (c) substitute a product deemed to be an appropriate replacement and of equal or greater value in the place of any of the prizes (or any part of a prize).

7.2.     Although the Promoter shall endeavour to post relevant information on the news page of the McDonald’s App or website at mcdonalds.ie/winningsips/news (and therefore entrants and prospective entrants are advised to check the news page regularly), please note that the Promoter shall not be obliged to give notice of any such termination, suspension, cancellation, postponement or variation (unless prescribed by law or applicable regulatory codes of practice).

7.3.     The Promoter’s decision in the exercise or interpretation of any of its rights or discretions in connection with these Rules shall be final and binding and reference to the discretion of the Promoter shall mean its sole discretion.

 

8.     PRIVACY

8.1.     Please see our privacy statement and details on how we use your personal information.

8.2.     An anonymised list of winners of the prizes which the Promoter considers (in its discretion) to be major in the context of the prize-pool as a whole can be obtained by sending a stamped addressed envelope to Winning Sips at McDonald’s 2024 ROI Promotion, McDonald’s Restaurants of Ireland Limited, 14-16 Mary Street, D01 DH59, Ireland to arrive by pre-paid post to arrive between 30th April 2024 and 31st July 2024.  

8.3.     In administering the Promotion, the Promoter as data controller will collect and process your personal data (and may share your personal data between one another for purposes of the operation of the Promotion). Marketing services companies and an operator of a participating McDonald’s restaurant (a “SubPromoter”) may collect and process your personal data on behalf of the Promoter. The types of personal data typically collected and processed are your name, postal address, email address, telephone number and date of birth.

8.4.     (Subject to any separate consent which you provide and/or privacy notice), the Promoter, either by themselves or through a marketing services company, fulfilment provider or SubPromoter (as applicable), will collect and process your personal data in accordance with the requirements of applicable data protection laws including without limitation the General Data Protection Regulation (Regulation (EU) 2016/679), the Data Protection Acts 1988 to 2018 and/or such amending legislation or other applicable data protection legislation as may be adopted in Ireland from time to time (“Data Protection Legislation”), and will only collect and process such personal data for the following purposes: (i) establishing your eligibility for the Promotion and compliance with the Rules; (ii) fulfilling delivery orders, prizes and prize collection; (iii) carrying out the advertising and marketing of the Promotion; (iv) for the “specific uses of personal data” listed below; and/or (v) as required by law or any court and any related reporting requirements. The Promoter may disclose your personal data to (i) marketing services companies and fulfilment providers who may provide the Promoter with fulfilment, prize collection, marketing and other services regarding the Promotion; and (ii) the Promoter’s affiliate companies. The Promoter will not transfer your personal data outside the European Economic Area (“EEA”), except to the Promoter’s affiliates in the United Kingdom, and such transfer will be performed in compliance with Data Protection Legislation. Your personal data will not be used for any other purpose incompatible with the purposes described in this Section 8, unless it is required or authorised by law, with your consent, or is in your own vital interest or that of another person (e.g., in the case of an emergency).

8.5.     “Specific uses of personal data”: Without limiting the general nature of the above paragraph and other provisions of these Rules, you acknowledge that: (i) by claiming by redeeming cash prizes or merchandise prizes, the Promoter may process your personal data for marketing communication purposes and may send you a follow-up “thank you” email which may include a further promotional opportunity, where you have not opted out of receiving that communication. You can opt out of any marketing communications from the Promoter at any time; and (ii) should you win a prize, the Promoter may publicise (including in advertising) in connection with the Promotion and any future  Winning Sips themed McDonald’s promotion your full name, county, likeness, biography, prize-details and your participation-history and statements relating to the prize, the Promoter, the Promoter’s products, each of the Promotions or any other McDonald’s promotion.

8.6.     The Promoter will only process your personal data where we can rely on one or more of the following legal bases:

1.1.1             Contract: The processing is necessary for the performance of a contract with you (or for taking steps at your request with a view to entering into a contract).

1.1.2             Consent: Where we have your consent to process your personal data for any of the purposes described above.

1.1.3             Legal obligations: The processing is necessary for compliance with a legal obligation to which we are subject.

1.1.4             Vital interests: The processing is necessary to protect your vital interests or those of another person.

1.1.5             Public interest: The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority by us. This may include our providing your personal data to courts, tax authorities, the police, and other bodies involved in the Promotion.

1.1.6              Legitimate interests: The processing is necessary for the legitimate interests pursued by us or by a third party and such processing shall be balanced against your fundamental rights (e.g. right to privacy) and freedoms. For example, the Promoter relies on its legitimate interests to process personal data for direct marketing purposes.

8.7.     Unless required by law, we will usually only grant access to personal data on a need-to-know basis, and such access will be limited to the personal data that is necessary to perform the business function for which such access is granted. No authorisation is or will be extended to access personal data on any other basis.

8.8.     We are committed to maintaining the security of your personal data we process. We maintain appropriate physical, procedural, organisational and technical security measures intended to prevent loss, misuse, unauthorised access, disclosure, or modification of your personal data under our control. If you have reason to believe that your personal data is no longer secure, please notify us immediately at https://customerservices.mcdonalds.ie/hc/en-gb/requests/new.

8.9.     Your personal data is retained by the Promoter for no longer than is allowed under applicable Data Protection Legislation and, in any case, no longer than such personal data is necessary for the purpose for which it was collected or otherwise processed, unless a longer retention period is required by applicable law. This means that your personal data will be processed as necessary for establishing, performing and terminating your relationship with us and will thereafter be retained until applicable limitation periods have been passed and in order to comply with statutory retention obligations under applicable law (such as retention obligations arising under commercial and tax law).

8.10.  To the extent required by Data Protection Legislation, you can make a written request to the Promoter to obtain information on the processing of your personal data, to object to processing of your personal data, make use of your right to data portability and to have your personal data rectified or deleted or their processing restricted. You also are entitled to withdraw any consent that you might have given with respect to the processing of your personal data at any time. These are known as “Data Subject Rights” and include a right of access to the personal data that the Promoter holds about the person in connection with the person by contacting the Promoter at the address below. You may inform the Promoter of any changes in that data by contacting the Promoter at the address below. The Promoter will update or delete the data that it holds about you, and will provide the information to the relevant SubPromoter also for this purpose. It is your responsibility to tell the Promoter when information that you have provided to the Promoter or the SubPromoter is out of date or needs to be amended. If you would like to exercise your Data Subject Rights or learn more about the processing of your personal data, please submit your enquiry/request in writing to McDonald’s Restaurants of Ireland Limited. 14-16 Mary Street, D01 DH59, Ireland marking your envelope “Data Protection Request – WINNING SIPS promotion at McDonald’s 2024 ROI Promotion” or at https://customerservices.mcdonalds.ie/hc/en-gb/requests/new. We will respond to your request(s) as soon as reasonably practicable, but in any case, within the legally required period of time. If you are not satisfied with our response or believe that your personal data is not being processed in accordance with the law, you also may contact or lodge a complaint with the competent supervisory authority or seek other remedies under applicable law.

8.11.  The privacy policy provisions stated above are in addition to and not instead of each set of “Privacy Policy” -  www.mcdonalds.ie/iehome/privacy.html and “Cookies Policy” provisions on McDonald’s websites, provided that in the event of any conflict of interpretation then the provisions stated above shall prevail to the fullest extent permitted by applicable law.

 

9.     GENERAL

9.1.     The acceptance of a Game Piece in a participating McDonald’s restaurant and the peeling off of any panel covering a Game Piece or its removal from the Cold Cup (which shall be deemed to have taken place in the restaurant) amounts to acceptance of the Rules and to their respective interpretation under Republic of Ireland law and by the Irish courts.

9.2.     You understand and accept that the Promoter retains ownership of all Game Pieces, and ownership or control of the trade marks and other intellectual property in and over the Game Pieces, and all Promotion advertising at all times. You acknowledge and agree that you have the right to use the Game Pieces solely for the purposes of the proper participation in the Promotion in accordance with the Rules and the following shall not be considered proper participation in the Promotion:

(a)     any sale, offer to sell, giving away or other dealing with any Game Piece or Game Piece Code;

(b)    any use for any purpose whatsoever of any Promotion advertising or any feature taken from it; or

(c)     anything which is a breach by you of the Rules.

9.3.     At the end of the Promotion, all Games Pieces shall be null and void and you shall have no rights to use them for any purpose

9.4.     All age limits shall be deemed to be actual age as at the time of acceptance of the Rules, unless expressly stated otherwise in these Rules.

9.5.     Reference to any Game Piece or code printed on a Game Piece being or becoming invalid or void shall mean that the Game Piece and all codes printed on it (as applicable), together with all prize claims made and rights to make any prize claim arising in connection with such Game Piece or any code printed on it, shall be or become invalid and void.

9.6.     Any communication which an entrant is required to send by post under these Rules must be sent via An Post and, if a "stamped" envelope is required, franking is not acceptable. The Promoter is entitled to treat any communication, however sent, as not received if not sent in the manner directed by the Rules.

9.7.     No claim under or participation in this Promotion or any Game Piece or Game Piece Code is valid in combination with any other offer or promotion, save to the extent expressly stated herein.

9.8.     Any Game Piece, Game Piece code, App Entry and other prize code, entry, prize claim and/or communication (including any marketing material or communication) made or received by the Promoter or agent, will be invalid and void for all purposes if it is deemed by the Promoter or by any other third party involved with prize-redemption to be (a) damaged, (b) counterfeit, (c) copied, (d) misprinted, (e) incomplete, (f) illegible, (g) reproduced/transmitted incorrectly, (h) the result of a technical malfunction or (i) handled, used, disclosed, offered for sale by an ineligible person.

9.9.     An entrant’s sole remedy for a void Game Piece through the fault of the Promoter will (conditional upon the same still being valid and subject to availability) be a replacement Game Piece.

9.10.  Should the Promoter determine (in the Promoter’s discretion) based on the evidence in its possession at any given time that any person (a) is ineligible (b) has disclosed a Game Piece code to another person (other than the Promoter or its agents concerned with the operation of the Promotion as contemplated by these Rules), (c) has failed to comply with any of these Rules or (d) is misusing or tampering or attempting to misuse or tamper with the proper conduct of the Promotion, then in any of those events the Promoter may adjudge (in its discretion) that:

(i)      every Game Piece, Game Piece code, App Entry and other prize code, entry, prize claim and/or communication made by that person to the Promoter or any of its agents, will be invalid and void for all purposes, and

(ii)     such person shall become (with retrospective effect) ineligible to take part in this Promotion with the effect that every entry, claim and request by that person then in process or still to be made shall be void, invalid and have no force or effect so that the Promoter is entitled to disregard them all without incurring any liability therefor.

9.11.  Reference in these Rules 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 verification or claims processes for the award of prizes and any related rights of the Promoter arising in accordance with these Rules to delay, withhold or invalidate any prize-awards. Any waiver of any verification or claims processes stipulated in these Rules for the award of prizes shall only be effective and binding upon the Promoter if communicated by the Promoter in writing and then only to the extent specifically stated in that communication and (whether stated or not) solely applying for the named recipient and no other person or persons.

9.12.  To the extent that the Promoter publicises the Promotion on any social media platform such as X (formerly known as Twitter), Snapchat, Instagram Tik Tok  or Facebook (a) it shall not thereby be implied that the social media platform provider is jointly or solely sponsoring, endorsing or administering the Promotion, (b) each entrant hereby releases the social media platform-provider absolutely and unconditionally from responsibility for the Promotion, (c) each entrant understands that the entrant is alone responsible for ensuring that the content of any posting on social media and for sharing any post in other media, is done in a responsible manner and each entrant undertakes to take account before doing so of the suitability of the media and the age and other characteristics of its users for the posting, and (d) information supplied by any person via a social platform (including taking part in any poll or vote for marketing activity in support of the Promotion) is deemed to have been provided solely to the Promoter and not to the social media platform and on the prior understanding and acceptance that such information may be subject to use by the social platform-provider in accordance with its published terms of use.

9.13.  The Promoter may (in its discretion) (a) decline to enter into any correspondence save as otherwise stated in these Rules, (b) alter these Rules during the Promotion to the extent it considers necessary or desirable to maintain and preserve the integrity and reputation of the Promotion or the fair, effective or secure operation of the Promotion (and altered Rules will be notified and made available for review at mcdonalds.ie/winningsips/news and (c) perform any stated function in these Rules via an agent and the entrant shall be required to accept such performance as if it was directly by the Promoter.

9.14.  Any person with a disability preventing compliance with any stated requirement in these Rules should contact the Promoter by means of the McDonald’s Customer Services Hotline or, if on mcdonalds.ie, by reference to the “contact us” feature.

9.15.  Nothing in these Rules shall affect the statutory rights of entrants.

9.16.  All instructions, rules and conditions on any advertising or promotional materials (including notifications, acceptance forms and declaration forms) relating to this Promotion form part of the Rules although, in the event of conflict, the document entitled “WINNING SIPS AT McDONALD’S 2024 ROI PROMOTION – TERMS AND CONDITIONS” as posted at mcdonalds.ie/winningsips/rules shall prevail over all such other instructions, rules and conditions.

9.17.  Expressions which have been defined in these Rules shall have the same meanings when used in such other instructions, rules and conditions relating to this Promotion wherever the context admits.

9.18.  Please check mcdonalds.ie/winningsips/news in case of any announcements being made during the Promotion about matters which may arise relating to the rules and their interpretation.

 

10.     INTELLECTUAL PROPERTY NOTICES

(a)     All McDonald’s references marked with a ™ or ® are trade marks of McDonald’s Corporation and its affiliates.

(b)    Fanta, Sprite and Coca Cola are registered trade marks of the Coca Cola Company.

(c)     All artwork, elements and characters and other trade marks and trade names featured in these Rules and on all Game Pieces, advertising and other promotional materials relating to this Promotion are the properties of their respective owners and all rights in or over the same are reserved by the respective owners.

 

© 2024 McDonald’s

Promoter: McDonald’s Restaurants of Ireland Limited, 14-16 Mary Street, D01 DH59, Republic of Ireland

Please do not make prize claims or send other promotion-communications referred to in these Rules, to the Promoter-address (Unless otherwise stated in these Rules).

     

18+ TO PLAY and ROI only. Winning Sips promotion at McDonald’s 2024 ROI Game Pieces are scheduled to be on medium and large carbonated soft drink and milkshake cups at McDonald’s from 09:00 on 13th March 2024 until 23:59 on 16th April 2024, subject to availability and Fair Ordering Policy.  

Registration on the McDonald’s (ROI) app is required to play Game Pieces providing a chance to win in-app. These Game Pieces must be played by 23:59 on 16th April 2024, with a limit of 8 entries a day per app account and entry is subject to successfully answering a skill-based question.

Some prizes require: limit of 1 prize per person or per household, online redemption, banking details, exclusion dates, registration, broadband/3G, and/or verification-process. Food prizes are subject to serving times and availability in participating restaurants. Prizes must be claimed by 30th April 2024. Prizes shall lapse if not awarded, claimed or used. ROI residents only. For full information on how prizes are awarded please see Rules (including details of prizes, prize-pool and claim-processes) at mcdonalds.ie/winningsips or ask in participating restaurants.  

© 2024 McDonald’s. Coca-Cola, Fanta and Sprite are registered trademarks of The Coca-Cola Company.

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