"[McDonald's App]" Prize Draw Terms and Conditions
SPECIAL TERMS
1 The "[McDonald's Order on the App]" Prize Draw (the "Promotion") is promoted by McDonald’s Restaurants Limited (“McDonald’s”) each calendar month during which the Promotion continues and each draw (“Draw”) is subject to these provisions (“Special Terms”) and to the General Prize Draw Terms and Conditions (“General Terms”) stated below (collectively “Terms”).
2 Eligibility: Entries to any Draw may only be made by anyone who:
(a) is the recipient of a McDonald's Order on the App ("Order on the App Email"); and
(b) is a IE resident (excluding Northern Ireland), aged 18 or over and otherwise eligible under the General Terms (“Entrant”).
3 How to Enter: To enter the Draw the eligible Entrant must:
(a) click the “Start your order” link in the qualifying Order on the App Email;
(b) place an order with a minimum value of £0.01 through the My McDonald's App (“Qualifying Purchase”); and
(c) complete all relevant fields and provide or confirm (as directed):
(i) the Entrant's name and email address;
(ii) the Entrant's compliance with the Terms.
4 This Promotion is not free to enter and a Qualifying Purchase is necessary.
5 This Promotion shall end on [31 May 2020]. To be included in a Draw, entries to the Draw must be received no later than [23:59] on [31 May 2020]. Entries received after this date shall be void.
6 Each Draw will be carried out within [7 days] of the end of the calendar-month for receipt of entries.
7 Each Draw will open on the first day of the calendar month at [00:01] and shall close at [23:59] on the last day of the same calendar month (“Draw Period”). Each entry received during a Draw Period is entered into to the Draw for that Draw Period.
8 Limit of entries per person: There is a limit of one entry per person for each Draw.
9 Prizes and Prize-Conditions: The prize pool for each Draw comprises [1] prize, a £50 Amazon.co.uk eGift Card* (which is issued subject to the Amazon Gift Card Terms and Conditions at Amazon.co.uk - https://www.amazon.co.uk/gp/help/customer/display.html/?nodeId=201936990).
10 Prize claim notification and prize award:
(a) McDonald’s shall send the prize to the winner(s) within 30 days of the closing date for entries to the relevant Draw by email to the [email address] submitted by the Entrant at the time of entry.
(b) Prizes will be awarded for each relevant Draw only on verification by McDonald's that the Entrant has complied with the Terms.
11 In order to receive the relevant prize the winner must be subscribed to receive Order on the App Email notifications and communications. If the winner has unsubscribed from Order on the App Email notifications and communications then the winner shall forfeit all rights to the prize and McDonald's may re-award the relevant prize in accordance with the Terms.
12 Failure of a winner to follow the deadlines and other instructions of McDonald’s at any stage of the relevant 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.
13 Subject to clause 14 and 15 and without prejudice to McDonald's data protection obligations under relevant law, McDonald's shall make available, upon receipt of a written request to [McDonald's Order on the App Draw, c/o Armadillo, 5th Floor, The Quorum, Bond Street, Bristol, BS1 3AE], the winner's surname and county or such other information McDonald's deems necessary.
14 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 13. You can object by contacting our Customer Services team at https://customerservices.mcdonalds.co.uk/hc/en-ie/requests/new.
15 Without prejudice to clause 13 and 14 above, McDonald's shall provide the information set out in clause 13 upon request from the Advertising Standards Authority.
16 All communications relating to each Draw should be addressed to the Promotion address as follows: [McDonald’s Postcode Draws, c/o Armadillo, 7 Alfred Street, Bath BA1 2QU].
*Amazon.co.uk is not a sponsor of this Promotion. Amazon.co.uk Gift Cards ("GCs") may be redeemed on the Amazon.co.uk website towards the purchase of eligible products available on www.amazon.co.uk. GCs cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account. Amazon.co.uk is not responsible if a GC is lost, stolen, destroyed or used without permission. See www.amazon.co.uk/gc-legal for complete terms and conditions. GCs are issued by Amazon EU S.à r.l. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates.
GENERAL PRIZE DRAW 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
2 Participants
You must be a IE (excluding Northern Ireland) 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.
3 Certification to be Given by Entrants
By entering the Promotion each Entrant hereby certifies that the entrant 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) 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).
4 Entries
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 to the Promotion 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 under independent supervision via a computer programme producing a verifiably random result. Where there is more than one prize available, the number of winners will be determined by the number of prizes available for that draw.
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.
7 Prize Conditions
Any costs which it may be necessary or desirable for the winner (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.
8 Notification of a Prize Claim or Award
a) McDonald’s will send prizes by email by the time stated in the Special Terms or, if none, within 30 days of the closing date for entries.
b) 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.
c) Each 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. 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.
d) 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).
9 Responsibility
To the fullest extent permitted by applicable law (but not otherwise) McDonald's and its agents assume no responsibility and are not liable for (i) the accuracy or otherwise of the prize description or illustration, (ii) any representation, warranty, condition or guarantee in respect of a prize (other than those warranties or conditions implied by statute and which cannot be excluded), (iii) the non-availability, loss, late or non- receipt, damage, illegibility or non-readability of a prize notification or other communication sent in connection with this Promotion (iv) verifying whether the person awarded a prize is the person entitled to claim that prize, (v) any taxes, fees, charges or other costs which winners may be required to pay any time in connection with a prize, (save to the extent that McDonald's has expressly and specifically accepted responsibility on the Site). Nothing in these Terms will limit the McDonald's' liability for death or personal injury caused by its negligence or for fraud.
10 Privacy Policy
In addition to McDonald's standard privacy policy https://www.mcdonalds.com/ie/en-ie/privacy-policy.html#ukfaq in administering this Promotion, McDonald's: (i) will not collect more of the Entrant's personal information than needed for the purpose of administering and analysing this Promotion (including carrying out security checks as stated) and for posting features on its website which are informed by one or more entry-submissions; and (ii) will only use the Entrant's personal information for those purposes (and such use may include transferring the entrant's personal information to McDonald's respective associates (e.g. Armadillo Associates Ltd and a third-party fulfilment company for the purposes of distributing the prizes). As it is impracticable for McDonald's to verify with any certainty the age of those who enter a promotion or subscribe to an offer via SMS, web-form, email or telephone, McDonald’s urges parents to regularly monitor and supervise their children's mobile phone/computer/telephone activities.
Enquiries about personal information held by McDonald's, including any request for deletion of personal data, may be made by contacting the Customer Services number notified on the Contact Us section of www.mcdonalds.co.uk and obtaining the contact name and address to which to send an envelope marked "Data Protection Request".
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.
12 General
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) 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.
d) 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.
e) 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.
f) 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.
g) 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.
h) 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.
i) Nothing in these Terms shall affect your statutory rights.
j) 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. ©2019 McDonald's Restaurants Limited. All rights reserved.
Promoter: [McDonald’s, c/o Armadillo, 5th Floor, The Quorum, Bond Street, Bristol BS1 3AE].
