McDonald’s 30th November to 31st December 2018 Birthday Prize Draw Terms and Conditions
1. The Draw is promoted by McDonald’s Restaurants Limited (“McDonald’s”) and is subject to these provisions (“Special Terms”) and to the General Prize Draw Terms and Conditions (“General Terms”) stated below (collectively “Terms”).
2. The Draw opens on 30th November 2018 and closes at 23.59 on 31st December 2018. Entries received after that date shall not be entered in to the Draw.
3. Eligibility: Entries to the Draw may only be made by anyone:
a. receiving a McDonald’s newsletter-email to be sent on 30th November 2018 which (at McDonald’s discretion) includes an invitation to enter the Draw and which has been sent to selected, existing subscribers to McDonald’s newsletter-emails (“qualifying newsletter”), and
b. who is aged 18 or over and is otherwise eligible under the General Terms (“Entrant”).
4. How To Enter: Entry is made by an eligible person:
a. providing or confirming as directed the person’s name, postcode for the person’s residential IE address (if required) and email address,
b. accepting the Terms and entering by clicking the relevant link in the qualifying newsletter, and
c. otherwise complying with any other eligibility and entry requirements in the qualifying newsletter and in the Terms.
5. Limit of entries per person: There is a limit of one entry per person for the Draw.
6. Prizes and Prize-Conditions:
a. The prize pool for the Draw comprises 10 prizes each of a £50 Theirperfectgift.co.uk Gift Card.
b. Each prize is subject to the terms and conditions stated at https://www.theirperfectgift.co.uk/terms-conditions/.
7. Prize claim notification and prize award:
a. McDonald’s shall send notice to the winner(s) within 30 days of the closing date for entries to the Draw by email to the address submitted by the entrant at the time of entry, requiring the winner to respond by email with that winner’s phone number and IE residential address to which the prize is to be sent together with any other information and/or documents which McDonald’s requests.
b. Following receipt from each winner of all requested information and the properly and fully completed forms (if any) by the required deadline (or if none, 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 post or courier (as determined by McDonald’s) to the winner.
c. Prizes will be awarded for the Draw only on verification by McDonald's that the entrant has complied with the Terms.
8. The “Their Perfect Gift” cards are promoted by The Universal Gift Card Company Limited and Andaria Limited and are issued by Wirecard Card Solutions Limited. The name, logo and website and related intellectual property rights in relation to Their Perfect Gift are owned or controlled by those companies and none of them are sponsors of this promotion. Reference in the qualifying newsletter to “Their Perfect Gift” and related gift cards does not imply any association between those companies and McDonald’s.
9. 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.
10. All communications relating to the Draw should be addressed to the promotion address as follows: McDonald’s 30th November to 31st December 2018 Birthday Prize Draw, c/o Armadillo, 5th Floor, The Quorum, Bond Street, Bristol, BS1 3AE.
GENERAL TERMS AND CONDITIONS
1) Special Terms
The Special Terms shall incorporate these General Terms (collectively “Terms”) and shall be stated on the website or other location stated in the Special Terms or as otherwise notified. All instructions, rules and conditions on any advertising or promotional materials relating to this promotion form part of the Terms. In the event of any conflict or inconsistency, the Special Terms shall prevail over the General Terms and both shall prevail over all such other instructions, rules and conditions. Expressions which have been defined in these Terms shall have the same meanings when used in such other instructions, rules and conditions wherever the context admits
You must be a IE, Isle of Man or Channel Islands resident to enter. The following are not eligible to participate: (i) Employees and immediate family members of employees of any of McDonald's Restaurants Limited ("McDonald's"), its franchisees, licensees, subsidiaries, agents and advisors, (ii) other persons assisting with this promotion, (iii) any person not being an individual person, (iv) any syndicate or collection of persons acting in concert, (v) any person using the services of an entity carrying on the business of entering (or advising on entering) prize promotions and (vi) any such entity.
Any requirement upon an entrant to provide an address as a condition of entry, for the receipt of a prize or for any other purpose stated by the McDonald’s, shall not be satisfied for the purposes of these Terms unless it’s the entrant’s residential address which is valid for receiving Royal Mail and other deliveries.
3) Certification to be Given by Entrants
Where the entry-requirements for the promotion:
a) require the participation of a child under 16, then by entering the promotion the parent or legal guardian of the participating child hereby certifies that the entrant:
(i) is the parent of the child, (ii) undertakes (if awarded such a prize) to accompany the child on any trip forming part of a prize and understands and accepts that the entrant shall not be entitled to swap with any other person, unless McDonald’s agrees to this in its sole discretion, (iii) has complied and will continue to comply with the Terms and the requirements of this promotion, (iv) assigns, or undertakes to procure the assignment of, ownership of any creative work comprised in the entry (whether or not void) and of all copyrights and other similar rights in or over the entry to McDonald’s absolutely for use (whether or not after adapting, adding to or editing the entry) exclusively by McDonald’s as it sees fit and, apart from any prize which may be awarded under the Terms, without any rights of the entrant or the entrant’s child or anyone else featured in the entry to be compensated, to be identified with the entry or to object to any use made of it, (v) will not use or permit to be used the entry for any purpose other than the entrant’s personal, non-commercial and private use (which shall include use on the entrant’s social media pages).
b) do not require participation of any child under 16, then by entering the promotion each entrant hereby certifies that the entrant:
(i) understands and accepts that the prize is personal to the entrant and that the entrant shall not be entitled to swap with any other person, unless McDonald’s agrees to this in its sole discretion, (ii) has complied and will continue to comply with the Terms and the requirements of this promotion, (iii) assigns, or undertakes to procure the assignment of, ownership of any creative work comprised in the entry (whether or not void) and of all copyrights and other similar rights in or over the entry to McDonald’s absolutely for use (whether or not after adapting, adding to or editing the entry) exclusively by McDonald’s as it sees fit and, apart from any prize which may be awarded under the Terms, without any rights of the entrant or anyone featured in the entry to be compensated, to be identified with the entry or to object to any use made of it, (iv) will not use or permit to be used the entry for any purpose other than the entrant’s personal, non-commercial and private use (which shall include use on the entrant’s social media pages).
a) There is no alternative method of entry.
b) Save to the extent that purchase of an item is specified as a method entry, McDonald’s makes no charge for entry.
c) For any digital method of entry requiring an internet connection, the Entrant’s normal data charges will apply.
d) Unless otherwise stated in the Special Terms, there is a limit of one entry per person.
5) Conduct of Promotion Which Is A Draw
a) All valid entries for the promotional draw will be collated and will compete for the prize or prizes described in the Special Terms. The draw will take place within 7 days after the last date for entering, or as otherwise stated in the Special Terms. The winner or winners will be the first valid entry or entries drawn at random on the date the draw is conducted. Where there is more than one prize available, the number of winners will be determined by the number of prizes available for that draw and where there is more than one type of prize, the prize-types will be allocated by McDonald’s in descending order from the first prize-type down through the runners up prize-types (the order being determined by McDonald's in its sole discretion).
b) 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.
6) The Prize(s)
a) The prize or prizes will be as described in the Special Terms. 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 and not definitive. Further details are available on written request sent within 30 days of the date of the closing date for entries by sending by pre-paid post your envelope to the promotion address stated in the Special Terms and marking it with the name of the promotion (although if none is stated then McDonald’s shall be entitled to assume that the request is in relation to the prizes for the most recent promotion incorporating these Terms).
b) Prizes may not be exchanged, encashed or transferred. Prizes comprising more than one element are not divisible; all elements must be taken at the same time.
c) All cash prize-elements are stated in sterling, no interest is payable and will be provided by means of a cheque. It is the winner’s responsibility to make the necessary arrangements to facilitate payment of the cheque into a suitable bank or other account in the IE. If the Promoter agrees in its discretion to permit payment by bank transfer instead of cheque, the winner agrees that such transfer shall be at the winner’s risk to the extent that the transfer is not received in the winner’s nominated account due to bank error or any other reason that is not directly due to the Promoter.
d) Winner's prizes capable of being posted will be dispatched by post to the address provided on entry or (if none is required to be provided under the Special Terms) provided to McDonald’s in response to the prize-award notification upon request by McDonald’s.
7) Prize Conditions
a) Unless otherwise stated, there is a limit of one prize per person and their immediate family and household.
b) Any costs which it may be necessary or desirable for the winner and any permitted companions (if applicable) to incur in connection with a prize and which costs are not expressly stated in the Special Terms as being included within the prize shall be the sole responsibility of the winner and/or permitted companions.
8) Notification of a Prize Claim or Award
a) McDonald’s will send prizes or emails/letters giving notification of a prize-claim or prize-award by the time stated in the Special Terms or, if none, within 30 days of the closing date for entries. Prize-claim notification is sent where an award of a prize is dependent upon the entrant first providing to McDonald’s additional information. The Special Terms or the notification will direct what information must be returned to McDonald’s, how this should be sent and the deadline by when this must be received by McDonald’s.
b) If McDonald’s chooses to contact the winner by phone in addition to the sending of a notification email, this will be in McDonald’s discretion and won’t affect the winner’s obligation to respond to McDonald’s notification email(s) as stated nor McDonald’s right to treat its notification email(s) as fully discharging all winner-notification obligations under these Terms.
c) If a prize or letter giving notification of a prize-claim or prize-award is sent by registered, recorded or other signed for mail or courier (which McDonald’s will determine in its sole discretion and without prior notice), it is the entrant’s responsibility to enable timely delivery or make timely collection-arrangements from the postal or courier service.
d) Where a prize comprises a trip, the prize claim-notification email/letter will provide:
i) (if applicable to the trip) confirmation whether McDonald’s needs to make further contact to arrange outstanding trip dates or other details (in which event it is the responsibility of the winner to make himself or herself available for such further contact and to ensure that such outstanding trip dates and other details are finalised within any further time limits and as McDonald’s otherwise stipulates), and
ii) (if required by McDonald’s) an acceptance form for the entrant and release forms for the entrant and each companion permitted to accompany the entrant on the trip (for the benefit of McDonald’s, its related companies, franchisees and agencies concerned with conducting the promotion and their respective employees, officers and agents). The release forms which McDonald’s may require will relate to responsibility or liability for claims in respect of the prize and the right to publicise the award and the taking of the trip.
e) Any failure to comply with McDonald’s directions in any emails/letters giving notification of a prize-claim or prize-award or in any other communication by McDonald’s, shall be a breach of the Terms resulting in that winner’s entry becoming void and the prize claim becoming invalid.
f) Each prize is awarded conditionally upon the winner and (if the prize is to be shared by the winner and one or more companions) 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 30 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.
g) 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 2 months of the Draw or 1 month from the end of any scheduled delivery date (whichever is later).
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).
Please note: selected partners of the Promoter 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 the Promoter) 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 the Promoter cannot accept any responsibility for them.
11) McDonald's Rights
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.
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.
a) 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.
b) McDonald’s may alter all relevant dates for this promotion if required by McDonald’s due to circumstances outside the reasonable control of McDonald’s make it unavoidable. Check this Site during this promotion for details of any changes.
c) A list of the names and counties of each prize winner may be obtained for up to 90 days after the closing date for entries by sending a signed hand-written request along with a stamped self-addressed envelope to McDonald's at the address below. The winner understands that McDonald's may (but shall not be obliged to) contact the winner during the Promotion or for up to 90 days afterwards to provide the winner with the option (without obligation) of featuring in McDonald’s marketing (including on its website, in email-newsletters and/or on posters), in terms of the reproduction of the winner’s name, image, locality and/or prize-award details in relation to McDonald's, this Promotion and/or any other promotion or offer.
d) 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.
e) 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.
f) 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.
g) 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.
h) 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.
i) 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.
j) Any interaction with Facebook whether for the purposes of entering the promotion or otherwise is not liable or accountable for anything related to this promotion. This promotion is in no way sponsored, endorsed or administered by or associated with Facebook. By entering the promotion a user is providing their information to McDonald’s and not to Facebook.
k) Nothing in these Terms shall affect your statutory rights.
l) 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.
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. ©2018 McDonald's Restaurants Limited. All rights reserved.
Promoter: McDonald's Restaurants Ltd, 11-59 High Road, East Finchley, London, N2 8AW PLEASE DO NOT USE THIS ADDRESS FOR CORRESPONDENCE ABOUT THIS PROMOTION – PLEASE USE THE ADDRESS STATED AT THE END OF THE SPECIAL TERMS.