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).