McDonald's McNuggets VANpire Prize Draw ("Draw") Terms and Conditions
1 Promotion
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 Terms.
1.2 The Draw opens at 00.01 on 16th October 2019 and closes at 23.59 on 17th October 2019. Entries received after that date shall not be entered in to the Draw.
2 Entries
2.1 Entries to the Draw may only be made by anyone meeting each of the following requirements:
(a) must have a Facebook or Instagram account and locate the relevant promotional advert,
(b) must have enough space to position and is accessible to an Airstream Van (with the following dimensions: 9.5m (width), 2.5m (depth) and 3.95m (height) and a generator (with the following dimensions: length 4m, width 2m) either within their property vicinity or outside of their property, pending parking permissions and restrictions. If you are not the property owner you must have permission from your landlord,
(c) must have access to water outside of their property for cleaning purposes (such as a hose or tap) and must have a place where to dispose of waste,
(d) must be aged 18 or over and must be a resident of mainland Great Britain (England, Scotland and Wales), and
(e) must be eligible to enter under these Terms ("Entrant").
2.2 The following are not eligible to participate:
(a) persons assisting with this Promotion,
(b) any person whose property is a school, nursery, or area exclusively associated with children,
(c) any person not being a 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 by:
(a) locating the promotional advert on Facebook or Instagram,
(b) entering their full name, email address, phone number and post code, and
(c) otherwise complying with any other eligibility and entry requirements mentioned in these Terms.
3.2 There is a limit of one entry per person.
3.3 There is no alternative method of entry. No purchase necessary, McDonald's makes no charge for entry.
3.4 Entry requires an internet connection and 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. The draw will take place within 24 hours after the closing date of the Draw. The winner will be the first valid entry drawn at random on the date the draw is conducted by PromoVeritas Ltd, an independent promotional verification service.
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 the prize to a reserve entry should a winning entry become invalid or adjudged void.
5 The Prize
5.1 The prize for the Draw comprises of one (1) visit from the McDonalds McNuggets VANpire and its crew members. The van will travel to the winner’s street on either the 26th or 27th of October 2019 to supply the winner and their family and friends with McDonald’s food for a Halloween Party (number of attendees may not exceed 240 persons). Members of the crew will also provide Halloween activity packs for children. McDonald's food available while stocks last. As a condition of accepting the prize (i) the Halloween Party must be attended by at least 5 children who are over 5 years of age (ii) the winner must grant McDonald’s (or their designee) the right to film and photograph all activities in connection with the prize (“Footage”). The winner agrees to assign to McDonald’s all intellectual property rights in any Footage throughout the world for the full unexpired period of such rights under applicable law throughout the world.
5.2 The winner is responsible for notifying their neighbours of the time and place of the Halloween Party and visit from the McDonalds McNuggets VANpire in order to avoid any potential complains.
5.3 The winner and any companions must comply with all applicable terms and conditions which may include (without limit) identifying details such as full name, date of birth, residential address in Great Britain (England, Scotland and Wales) suitable for the prize and email address. Failure to do so may result in forfeiture of the prize.
5.4 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 companions.
5.5 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.
5.6 Prizes may not be exchanged, encashed or transferred.
6 Notification of a Prize Claim
6.1 McDonald's shall contact the winner within 72 hours of the closing date for entries to the Draw by a phone call to the phone number provided on entry.
6.2 The winner will be required to answer the phone call which will be between 08.00 and 20.00 between the 18th October 2019 and 21st October 2019. If the winner does not answer the phone call the McDonald’s reserves the right to disqualify the winner. In the event that a winner is disqualified, McDonald’s reserve the right to award the prize to a reserve winner selected in the same manner. The winner will be required to confirm eligibility, acceptance of the Terms and confirm that they are able to accept the prize within 6 hours of successful initial contact.
6.3 The prize is awarded conditionally upon the winner 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.
6.4 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.
6.5 McDonald's reserves the right to hold void, cancel, suspend, or amend the Promotion at its discretion owing to factors outside its reasonable control.
6.6 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.
6.7 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 Responsibility
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 Entrants property). 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.
8 Consent Forms
8.1 McDonald's requires every guest attending the Halloween Party and participating in the Prize to sign a consent form.
8.2 Any party guests participating in the Prize under the age of eighteen (18) must obtain their parent or legal guardian’s permission prior to attending and must to be accompanied by a parent or legal guardian in order to attend the Halloween Party, and such parent or legal guardian must complete a consent form on behalf of the child.
9 Privacy
9.1 Please see https://www.mcdonalds.com/ie/en-ie/privacy-policy.html for details of our privacy Statement applying to this Promotion.
9.2 Please note that the privacy statements of Facebook and Instagram may apply to those who enter the Promotion via the Facebook or Instagram website. See https://www.facebook.com/policy.php and https://help.instagram.com/402411646841720 for further details.
9.3 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.
9.4 Subject to clause 9.5 and 9.6 and without prejudice to McDonald's data protection obligations under relevant law, McDonald's shall make available, by visiting www.promowinners.com/McDonalds, the winner's surname and county or such other information McDonald's deems necessary.
9.5 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 9.4. You can object by contacting our Customer Services team at https://customerservices.mcdonalds.co.uk/hc/en-ie/requests/new.
9.6 Without prejudice to clause 9.4 and 9.5 above, McDonald's shall provide the information set out in clause 9.4 upon request from the Advertising Standards Authority.
10 McDonald's Rights
10.1 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 Entrants property 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 Terms 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.
10.2 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.
11 General
11.1 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.
11.2 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.
11.3 An 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.
11.4 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.
11.5 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 Draw to the extent it considers necessary or desirable to maintain and preserve the integrity and reputation of the Draw or the fair, effective or secure operation of the 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.
11.6 Nothing in these Terms shall affect your statutory rights.
11.7 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.
11.8 All McDonald's references marked with a TM are trade marks of McDonald's Corporation. All other trade marks are the properties of their respective owners. © 2019 McDonald's Restaurants Limited. All rights reserved.
11.9 All communications relating to the Draw should be addressed to the Promotion address as follows: mcdonaldshalloween@redconsultancy.com.
Promoter: McDonald's Restaurants Ltd, 11-59 High Road, East Finchley, London, N2 8AW.
