Terms and Conditions for McDonald’s Online Services
(Saudi Arabia – Central, Eastern and Northern Regions)
Last updated: 17 May 2017
IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”). THEY CONTAIN LIMITATIONS ON McDONALD’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Riyadh International Catering Corporation (“McDonald’s”, “we”, “our” or “us”) in the Kingdom of Saudi Arabia, which it controls and operates from its headquarters at Intersection Prince Turky AlAwwal Str with Said AlMoutawa Road – Hitteen Area, Riyadh (P.O.Box 63346 Riyadh 11516)] and which is a developmental licensee of McDonald’s Corporation operating in the Central, Eastern and Northern regions of Saudi Arabia.
By accepting these terms, you also understand and consent to McDonald’s Privacy Statement, which is incorporated into, and part of, this agreement. Our Privacy Statement describes how we collect, use and share information.
The online services are not intended to be used by, or targeted to, anyone under the age of 16. You must be at least 16 years old to use the online services . If you are at least 16 but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.
If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that McDonald’s close any online services account that you have created. You can request account deletion by sending an email to [firstname.lastname@example.org], please include the email address of the account that you want deleted.
1. About the online services.
Availability of products and services. McDonald's products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide.
Obey the rules of the road. Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE ONLINE SERVICES WHILST DRIVING OR WHILST BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.
You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. McDonald’s does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.
McDonald’s right to update or terminate the online services. You understand and consent that (with or without notice) McDonald’s may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any McDonald’s mobile app that you have installed on your device.
Updates to these terms. McDonald's may also update these terms at any time and at its sole discretion. If McDonald’s makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that McDonald’s close any online services account that you have created. To close your account, you can email us at [email@example.com].
Links to job opportunities from the online services. The online services may provide links to job opportunities posted by McDonald’s. These opportunities are with us and not with McDonald’s Corporation or other of its partners or developmental licensees. This means that we alone are responsible for setting the job requirements, all hiring decisions, and all other employment related matters for all of our restaurants.
How to contact us. If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always call our toll free number in KSA 800-12-12345.
2. Our information practices and communications with you.
McDonald’s Privacy Statement. These terms incorporate McDonald’s Privacy Statement as part of the terms. Our Privacy Statement describes our information practices, including how we collect, use and share information.
How we communicate with you. Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from McDonald’s. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from McDonald’s. McDonald’s may use the information you have provided to us to communicate with you in accordance with McDonald’s Privacy Statement.
Opting out of communications generally. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. Whilst we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from other developmental licensees or partners of McDonald’s Corporation, or from McDonald’s Corporation itself, then you will need to opt out from them directly.
Additional information on text messages. When you opt in to any of our text message programs, you understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short code or visit [firstname.lastname@example.org]
You have the possibility of receiving offers through the online services. The following general terms apply to the offers: (1) the offer may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (e.g., certain non-breakfast offers may not be available at breakfast serving times); (3) unless otherwise stated each offer expires on redemption; (4) only one offer can be used per restaurant visit; (5) offers are not transferable; and (6) there is no cash alternative. In addition there may be specific terms that apply to the offer which are stated on the app next to the offer. Not all offers may be combined with orders.
You purchase products directly from restaurants. When you redeem offers , you redeem offers directly with a participating restaurant and the contract for supplying the products will be between you and the restaurant that accepts your order. The restaurant where you collect your products is responsible for preparing the products and providing them to you on our behalf. You further understand and agree that you are purchasing directly from us (and not from any other members of the McDonald’s System) and that no other members of the McDonald’s System have any responsibility arising out of or related to any products that you purchase from us using ordering. ] McDonald’s Corporation (which is our licensor), its subsidiaries, affiliates, their franchisees, agents, representatives, and agencies and their officers, directors, and employees are together, “Members of the McDonald’s System”.
About the products in the online services. All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colours or factors such as the ingredients used, the supplier, the region of the country and the season of the year.
About the prices in ordering. Prices include local taxes and government fees as required under the law of Saudi Arabia, including VAT from the date of implementation of that tax in Saudi Arabia. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of the product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.
Refunds and your consumer rights. If you desire to seek a refund for any reason, including if the products are unsatisfactory or for other reasons, please contact the restaurant where you purchased the product regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.
4. Ownership and Licenses for the online services.
McDonald’s intellectual property ownership. Any and all rights in the online services are and shall remain the exclusive property of McDonald’s or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with McDonald’s or its licensors’ rights.
Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. McDonald’s reserves all other rights.
Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of McDonald’s or licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
5. User submissions and unsolicited ideas
User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to McDonald’s through the online services (together, “submissions”). You understand that by submitting any information to McDonald’s through the online services, you grant McDonald's a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. McDonald’s will not be required to treat any submissions as confidential.
Unsolicited ideas. It is McDonald’s policy not to consider unsolicited ideas. While we appreciate you taking the time to consider McDonald’s, we’re unable to review new ideas from outside the McDonald’s system. You expressly waive any and all claims against McDonald’s and Members of the McDonald’s System in connection with McDonald’s consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future. Please see McDonald’s FAQs for more information.
6. Acceptable uses and restrictions for the online services.
Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:
a) Use the online services for any purpose that is unlawful or prohibited by these terms;
b) Delete or change any copyright, trademark, or other proprietary notices;
c) Attempt to obtain ownership or title to the online services, including the content;
d) Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
e) Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
f) Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
g) Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations;
h) Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
i) Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, McDonald’s network or any user accounts associated with the online services.
7. Limitations on liability and disclaimers.
Limitations on McDonald’s liability. NEITHER McDONALD’S NOR ANY OTHER MEMBERS OF THE McDONALD’S SYSTEM SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT McDONALD’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY McDONALD’S OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. McDonald’s reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
McDonald’s provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. McDONALD’s PROVIDES THE ONLINE SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. McDONALD'S DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. McDONALD'S DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST McDONALD’S AND ALL OTHER MEMBERS OF THE McDONALD’S SYSTEM FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. McDonald’s does not endorse and is not associated with any of these third party services. McDONALD’S HAS AND ALL OTHER MEMBERS OF THE McDONALD’S SYSTEM HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.
Events beyond our control. McDONALD’S AND OTHER MEMBERS OF THE McDONALD’S SYSTEM HAVE NO RESPONSIBILITY for McDONALD’S FAILURE TO PERFORM any of ITS obligations under these terms caused by or related to any event beyond McDonald’s reasonable control. If such an event occurs, then McDonald’s obligations under these terms will be suspended for the duration of the event; and McDonald’s may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.
8. Apple Applications
These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including the Licensed Application End User terms therein (“Apple terms”). If you are using the online services through Apple application (“Apple Application”), you also acknowledge and agree:
- Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact McDonald’s, not Apple, using the above Support Services details;
except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and McDonald’s (and not between you, or anyone else, and Apple); and
in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.
- McDonald's makes no representation that the online services are appropriate or available outside of the Central, Eastern and Norther Regions of the Kingdom of Saudi Arabia. If you use the online services from other locations you are responsible for compliance with applicable local laws.
- These terms will be governed and interpreted pursuant to the laws of the Kingdom of Saudi Arabia, notwithstanding any principles of conflicts of law.
- Although these terms govern the online services as between McDonald’s and you only (and although Apple is not a party to , and no other Members of the McDonald’s System are parties to, these terms), Apple and other Members of the McDonald’s System are third party beneficiaries under these terms and will have the right to enforce against you those rights that McDonald’s holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
- The terms are written in English and Arabic. Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between any translations, the English version controls.
- On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all of rights of McDonald’s and other Members of the McDonald’s System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well all restrictions on use, all limitations on liability and disclaimers.
- Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
- If McDonald’s fails to insist that you perform any of your obligations under these terms, or if McDonald’s does not enforce its rights against you, or delays in doing so, that will not mean that McDonald’s has waived its rights against you and will not mean that you do not have to comply with those obligations.
- McDonald’s may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if McDonald’s agrees in writing.
McDonald’s™ OSN WAVO Promotion 2017
TERMS AND CONDITIONS ("RULES")
1. PARTICIPATING COUNTRIES
The McDonald’s OSN WAVO promotion 2017 (the “Promotion”) will be conducted on all McDonald’s purchase channels (in-store, website, telephone and mobile app, if applicable) managed by McDonald’s GCC COOP (the “Promoter” or “McDonald’s”) from the following participating countries: Oman, Saudi Arabia, Kuwait, Bahrain, the United Arab Emirates and Qatar (the “Territories”). Any reference within these Rules to the ‘Territories’ or ‘participating countries’ refers only to these six (6) countries.
To participate in the Promotion, you must:
a) be a resident of one of the Territories with a valid government issued identity card / residence visa or a passport issued in one of the Territories; and
b) make a Qualifying Purchase;
c) not be an existing subscriber to OSN’s WAVO service or have previously registered for the WAVO service within the past 12 (twelve) months.
Participants acknowledge that their use of the WAVO shall at all times be subject to their acceptance of and compliance with WAVO’s terms and conditions (“WAVO Ts&Cs”).
Any inability to furnish a copy of the relevant document to satisfy condition (a) above may disqualify an otherwise valid Participant from redeeming his or her Prize.
The following are not eligible to participate: (i) any persons who, on or after
1 January 2017, were or are directors, officers or employees of McDonald’s Middle East Development Company (“MMEDC”), McDonald’s GCC Co-Op Inc. or any company responsible for redemption of prizes for the Promotion and their respective parent companies, franchisees, subsidiaries, affiliated companies or service agencies, and those companies retained in any way by McDonald’s for the administration of the Promotion, (ii) any company that buys and/or delivers McDonald’s products on behalf of McDonald’s customers, (iii) any other persons involved in the development, production, or distribution of materials for this Promotion, (iv) persons who are immediate family members (defined as spouse or biological or adoptive or step – mother, father, sister, brother, daughter, son or dependant) of, or reside in the same household as, any person in any of the preceding categories, or otherwise restricted as required by law, (v) any person acting on behalf of a syndicate or collection of persons acting in concert, and (vi) any person entering via an agent or using the services of an organisation which is an entity carrying on the business of entering (or advising on entering) prize promotions.
2. PARTICIPATION LIMITATIONS
To participate in the Promotion, you must be an adult of majority age, and be legally able to give consent (in each case based on applicable laws of your jurisdiction), on or before the date you attempt to redeem a Prize. If you are under the age of majority, or are otherwise required to obtain permission of your legal guardian in your jurisdiction, your parent or legal guardian must give their consent for you to participate and you may obtain a Voucher as outlined in condition 5. However, redemption of a Prize is strictly limited to Participants who are the age of majority or over in their jurisdiction and the restrictions set out in these Rules or the WAVO Ts&Cs.
3. PROMOTIONAL PERIOD
Entries for the Promotion can be submitted starting at 00:01am (+3 GMT) on
9 December 2017 and ending at 11:59pm (+3 GMT) on 7 January 2018. (the “Promotion Period”). These dates are subject to the availability of the promotional vouchers (the “Vouchers”) while stocks last and subject to any laws or written directions from the relevant authorities. The deadline for Prize claims (as set out within these Rules) may consequently be unilaterally amended by the Promoter accordingly.
4. HOW TO ENTER
While stocks last during the Promotion Period in each participating country, make any purchase of a McDonald’s™ Large Value Meal™ through any channel of purchase (a “Qualifying Purchase”) and you will automatically receive a Voucher. Each Voucher will have a unique code (“Code”) that can be revealed by scratching the Voucher. Subject to these Rules and the WAVO Ts&Cs, a Voucher will afford the Participant 60 (sixty) days access to the WAVO Content (defined below).
5. PRIZE DETAILS AND CONDITIONS
Vouchers – offering complementary access to WAVO Content* for a period of 60 (sixty) days x 6,000,000 (the “Prizes”, each individual Voucher being a “Prize”)
* WAVO Content means access to a selection of OSN owned or licensed on-demand content through the OSN online service currently known as “WAVO”.
Vouchers are distributed across the participating countries as set out below:
Quantity of Vouchers
United Arab Emirates
Saudi Arabia (Riyadh)
Saudi Arabia (Jeddah)
The Territories in Total
◾ Each Voucher contains a Code. The Code is valid for the duration of the Promotional Period and for 15 (fifteen) days thereafter (the “Redemption Period”). The expiry date of the Redemption Period is 11:59pm (+3 GMT) on 21 January 2018. After expiry of the Redemption Period, all Codes on Vouchers will be null and void.
◾ Upon successful registration of the Code and customer details on the OSN WAVO platform (including acceptance of the WAVO Ts&Cs), a customer is granted access to the WAVO Content for a period of 60 (sixty) days (the “Access Period”).
◾ The Access Period will start when the Code is registered on the first device and the Access Period will not restart with each new device (up to five devices) used by a Participant to access the WAVO Content in accordance with his or her registration on the WAVO platform.
◾ Participants must have the bill payer's consent to use Internet or mobile Internet to claim the Prize. Data charges will remain your responsibility and will vary depending on the Internet service provider, usage plan or mobile carrier used (as applicable). You will need to refer to the terms of the contracts with your mobile carrier, usage plan or Internet service provider (as applicable) for costs. The charges for all data services will appear on your next mobile phone bill and/or Internet bill (as applicable). All general queries relating to carrier rates or mobile or Internet bills should be directed to your mobile phone carrier or Internet service provider (as applicable).
◾ Participants consent to receive promotional materials via all communication channels from Gulf DTH FZ LLC (trading as ‘OSN’ or ‘WAVO’) (the “Prize Partner”).
◾ Each Prize is exclusive to the Participantand is non-negotiable and non-exchangeable.
6. HOW TO CLAIM
Before claiming any Prize, please pay attention to the appropriate section(s) below.
◾ If you do not qualify as a Participant under clause 2 of these Rules you shall not be able to redeem the Prize.
◾ While stocks last in each participating countries, you will automatically obtain a promotional Voucher with any Qualifying Purchases. Each Participant may only redeem one Voucher in the Redemption Period regardless of the number of Qualifying Purchases made.
◾ If you are not an existing WAVO customer, you may visit the registration page at mcwavo.com and follow the required registration steps to register your details (including, but not limited to, name, email, contact number) and enter the Voucher Code on the applicable WAVO registration page, where you shall be required to register for WAVO and accept the WAVO Ts&Cs.
◾ Subject to these Rules, once registration is completed, you can then access the WAVO Content for the Access Period. Any content offered via the WAVO service may only be accessed or consumed in accordance with the WAVO Ts&Cs. This Promotion does not entitle a Participant to access any OSN programming via any satellite or cable service and extends only to such content made available via the WAVO service, which may be accessed by internet or mobile only..
◾ The expiry date of the Redemption Period is 21 January 2018.
To the fullest extent permitted by applicable law (but not otherwise) the Promoter, Prize Partner, its agents, subcontractors, or any third parties shall not be liable for:(i) the accuracy or otherwise of the Prize description or illustration, (ii) the non-availability, loss, interception or interference with, late receipt or damage of or to any prize claim, prize or notification or other communication, (iii) (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, or (iv) any taxes, fees, charges or other costs which Participants 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), or (v) all costs, injuries, losses or damages of any kind, due in whole or in part, directly or indirectly, to a person’s participation in the Promotion, or arising out of a person’s participation in any Promotion related activity, or their receipt, use or misuse of any prize that may be awarded to them.
All Prizes remain the property of the Promoter, pending redemption by Participants and the Promoter reserves the right to dispose of any unclaimed prizes as they deem appropriate or as required by law.
For any prize which must be claimed by the winner’s parent / legal guardian, the Promoter will not be obliged to award it to anyone other than that parent/legal guardian, if the winner is less than the age of majority in their respective country. The Promoter may also withhold that award should the Promoter determine in its sole discretion that a dispute may have arisen as between the winner and the parent / legal guardian in relation to the Prize. The Promoter is not liable or responsible to verify the identity of the parent or legal guardian.
The submission of prize claims is the sole responsibility of the Participant. Any tax liability or life, health, travel, accident or other insurance (unless stated) associated with any prize is payable by the Participant and is their sole responsibility.
8. THE PROMOTER’S RIGHTS
To the extent permitted by law, the Promoter reserves the right and at any time at its absolute discretion and without giving any reason or notice, to vary, modify, or amend the terms of these Rules in such manner as the Promoter thinks fit. Any changes will be communicated on the website www.mcdonalds.com and all participants in the Promotion shall be deemed to have accepted such amended or modified terms by their ongoing participation in the Promotion.
In the event of any discrepancy between any printed Rules, short guides, declarations, or between the English and Arabic versions, the English Rules as communicated on the website will prevail.
To the extent permitted by law, the Promoter may (i) extend any time limit or waive any of these Rules where a person might otherwise have been disqualified (without obliging the Promoter to relax these Rules on any further occasion for that entrant or at all for any other person), (ii) terminate or suspend the Promotion at any time due to supervening circumstances beyond the Promoter’s control, or (ii) substitute the Prize deemed to be an appropriate replacement and of equal or greater value in the place of any Prizes (or any part of the Prize). 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.
All prizes (including redemption and usage) are subject to additional restrictions and other terms and conditions as may be imposed by the Prize Partner, which may also be subject to change by the Prize Partner from time to time. Nothing in these Rules shall exclude or limit any liability which cannot be excluded or limited by applicable law.
9. FORCE MAJEURE
In the event the Promoter or Prize Partner is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to accidental damage, fire, flood, natural or manmade or public health epidemic, earthquake, explosion, labour dispute or strike, act of public enemy, or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any provincial or local government law, or regulation, order of any court or jurisdiction, or other cause not reasonably within Promoter’s control (each a “Force Majeure” event or occurrence),then subject to any government approval which may be required, the Promoter shall have the right to modify, suspend, extend or terminate the Promotion.
In administering this Promotion, the Promoter may collect personal information from you and, unless it has first obtained your consent, the Promoter (i) will not collect more of your personal information than it needs for the purpose of administering and analysing this Promotion and carrying out publicity as stated in these Rules, (ii) will only use your personal information for that purpose which may include transferring your personal information to its associates, and (iii) will only transfer your personal information outside the Territories for the purpose of verifying your prize claim, all in accordance with applicable local laws. Selected partners of the Promoter including the Prize Partner (whether in addition to or in place of your providing personal data to the Promoter) may require you to provide personal data in connection with claiming/redeeming prizes and/or accessing WAVO Content and you should satisfy yourself with the privacy policies of such partners, including the Prize Partner, as the Promoter does not accept any responsibility for them. In particular, you consent to sharing your personal information as set out in section 5 and 6 of these Rules.
11. PUBLICITY RELEASE
Subject to obtaining your prior approval and subject to compliance with all relevant laws in relation to the protection of personal information, you agree that MMEDC, McDonald’s, their respective parent companies, subsidiaries, affiliates, franchisees and agencies, and any of their successors, assigns, promotional partner licensees (including the Prize Partner) (collectively “Relevant Parties”, and each a “Relevant Party”) may use your name, voice, performance, artwork and likeness and any statements made by or attributed to you relating to McDonald’s or the Promotion in any and all media, and you release each Relevant Party from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of your right of publicity, and defamation. The Promoter and each Relevant Party reserves the rights to publish Participant’s names and country of residence.
The Promoter provides no warranties or representations as to the nature of, or availability of, the WAVO Content in the Access Period.
All instructions, rules and conditions on any advertising or promotional materials relating to this Promotion form part of these Rules although, in the event of conflict, these provisions shall prevail over all such other instructions, rules and conditions. Expressions which have been defined above shall have the same meanings when used in such other instructions, rules and conditions wherever the context admits.
No claim under or participation in this Promotion is valid in combination with any other offer or promotion, save to the extent expressly stated herein.
In administering this Promotion, the Promoter or Prize Partner may carry out a background check (in addition to the information given by Participants) as they consider necessary or desirable for the purposes of verifying any claim and a Participant’s compliance with these Rules and any prize may be withheld unless and until the Promoter is satisfied with the verification. Should the Promoter or Prize Partner determine based on the evidence in its possession at any given time that a Participant is in breach of these Rules, then the Promoter or Prize Partner may deem (in its sole discretion) that such Participant is ineligible to take part in this Promotion and every other promotion or offer of the Promoter and every entry, claim and request by that Participant then in process shall be disregarded and have no force or effect.
By participating in the Promotion, including (without limitation) the placement of an order via any McDelivery™ services or channels, participants and/or their parents/legal guardians agree to abide by and be bound by these Rules and the decisions made by McDonald’s for the Promotion and the terms of the following licence:
You understand and accept that (i) the Promoter or Prize Partner retains ownership or control of the trademarks and other intellectual property in and over the Vouchers and all Promotion advertising at all times (“the “Property”), (ii) the Promoter grants you a licence or as applicable, sub-license, to use the Property solely for the purposes of the proper participation in the Promotion in accordance with the Rules, (iii) none of the following shall be considered proper participation in the Promotion, namely; any sale, offer to sell, any use for any purpose whatsoever of any Promotion advertising or any feature taken from it or anything which is a breach by you of these Rules, (iv) any use of the Property for a purpose not stated to be permitted or any failure otherwise to observe any provision of this licence shall result in automatic termination of the licence without requirement as to notice and amount to an irremediable infringement of the Promoter’s intellectual property (or, as applicable, that of its licensor) entitling the Promoter (or, as applicable, its Prize Partner) to all rights and remedies available by law, and (v) following termination or expiry of this licence you will return all Voucherswithout attempting to redeem the same and shall cease to use the Property for any purpose whatsoever.
By participating in the Promotion and/or redeeming any prizes, participants and/or their parents/ legal guardians release and agree to hold, subject to the maximum extent permitted under law, each Relevant Party and McDonald’s agents for administering the Promotion harmless from and against any and all costs, injuries, losses or damages of any kind, due in whole or in part, directly or indirectly, to their participation in the Promotion, or arising out of their participation in any Promotion-related activity, or their receipt, use or misuse of any prize that may be awarded to them.
You acknowledge that these Rules form a contract between you and McDonald’s in relation to participation in the Promotion. Any dispute arising out of or in connection with these Rules, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre and you hereby consent to the jurisdiction of that Court. This contract shall be governed by, construed and shall be deemed to have been formed and performed in the United Arab Emirates. The rights conferred by these Rules (insofar as they are relevant) are for the benefit of the Relevant Parties and McDonald’s agents for administering the Promotion. Each of the aforesaid entities shall have the right to assert and enforce those provisions relevant to itself directly against the participants of the Promotion and/or their parents/legal guardians on its own behalf. All age limits shall be deemed to be actual age as at the time when a claim is made for the relevant prize offered in the Promotion, unless expressly stated otherwise in these Rules.
Nothing in these Rules shall affect your statutory rights. The Promoter may (in its sole discretion) decline to enter into any correspondence save as otherwise stated in these Rules.
All McDonald’s references marked with a ™ or ® are trademarks of McDonald’s Corporation and its affiliates.
The obligations of the promoter of this promotion are deemed fulfilled in full at the time that the Prize is redeemed or at such point as the Promoter or Prize Partner terminates the Promotion in accordance with these Rules.
A copy of these Rules can be found from the website www.mcdonalds.com and is also available at no cost by downloading and printing until 21 January 2018.
© 2017 McDonald’s Corporation and Affiliates.
All other trademarks belong to their respective owners. All rights reserved.
Promoter: McDonald’s GCC Co-Op Inc., Unit 305, Aspect Tower D, UAE Business Bay Executives Tower, Dubai, UAE, P.O Box 29713
Please do not make prize claims or send other promotion-communications referred to in these Rules, unless otherwise stated, to the Promoters’ address.