Mobile McGold Card Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. A Valid Email Address IS Required To PARTICIPATE.
EACH POTENTIAL WINNER (AND ANY MINOR’S PARENT OR LEGAL GUARDIAN FOR HIMSELF OR HERSELF AND ON BEHALF OF THE MINOR) MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, AS MORE FULLY DETAILED BELOW, AS A CONDITION OF BEING AWARDED A PRIZE.
BY PARTICIPATING, YOU (AND ANY MINOR PARTICIPANT’S PARENT OR LEGAL GUARDIAN FOR HIMSELF OR HERSELF AND ON BEHALF OF THE MINOR) AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THIS SWEEPSTAKES WILL BE DECIDED BY BINDING ARBITRATION (SEE RULE 12).
1. SWEEPSTAKES DESCRIPTION. McDonald’s USA, LLC (the “Sponsor”) provides a mobile application (the “McDonald’s App”), which anyone who is thirteen (13) years or older and a resident of the 50 United States or District of Columbia (the “Territory”) can download (free, other than normal data usage fees) to their digital device (see Rule 9 for digital device requirements). The McDonald’s App offers customers the ability to place orders and pay via the App at participating McDonald’s restaurants (a customer under the age of majority should only use mobile payment with the permission of a parent/legal guardian). The Sponsor is offering a Sweepstakes in the Territory that begins at 12:00:00 a.m. local time on Friday, August 10, 2018, and ends at 11:59:59 p.m. local time on Friday, August 24, 2018 (the “Entry Period”). Participants automatically receive one (1) Entry into the Sweepstakes when they use Mobile Order & Pay to purchase menu items during the Entry Period. To receive one (1) Entry without a purchase, a participant may submit a “no purchase necessary” alternate method of entry (the “AMOE”) by email during any Day (defined below) of the Entry Period (each an “AMOE Entry”). See Rule 3 for full entry details. There is a limit of one (1) Entry per Day regardless of Entry method. Void where prohibited. The Sweepstakes is governed by these Official Rules. The database clock for the servers operating the McDonald’s App will be the official timekeeping device for the Sweepstakes. Except as otherwise specifically stated in these Official Rules, all times mentioned in these Official Rules are local time. A day is the 24-hour period beginning at 12:00:00 a.m. and ending that same day the following 11:59:59 p.m. (a “Day”).
2. WHO IS ELIGIBLE TO ENTER/WIN. The Sweepstakes is open only to individuals who are residents of the Territory and who are thirteen (13) years of age or older on the Day of participation. (Any eligible individual who is thirteen (13) or older, but younger than the age of majority in his or her jurisdiction of residence, is referred to in these Official Rules as a “Minor”.) Any Minor should use Mobile Order & Pay with the permission of his/her parent/legal guardian. Persons in any of the following categories are NOT eligible to participate in the Sweepstakes: any person who on or after March 1, 2018, was or is (a) a McDonald's restaurant franchise owner or a director, officer, employee, agent or independent contractor of a McDonald's franchise restaurant; (b) a director, officer, employee, agent of McDonald’s USA, LLC, its parent company or their respective subsidiaries, affiliated companies or service agencies; (c) a director, officer, employee, agent or independent contractor of any entity engaged in the development, production or distribution of Sweepstakes materials or of any entities retained by Sponsor or its agencies to assist in any way with the administration or advertisement of the Sweepstakes or the development of the App OR App Deals or Mobile Order & Pay; (d) an immediate family member (defined as spouse, IRS dependent, or biological, foster, in-law, adoptive or step- mother, father, sister, brother, daughter or son) of, or anyone who resides in the same household as, any person in any of the preceding categories. An eligible individual who enters the Sweepstakes is hereafter referred to as a “Participant.” Each Participant, and their parent or legal guardian if the Participant is an eligible Minor, unconditionally accepts and agrees to comply with and abide by these Official Rules.
3. HOW TO ENTER THE SWEEPSTAKES. There are two ways to enter the Sweepstakes during the Entry Period: A. By Making a Purchase Using Mobile Order & Pay in the McDonald’s App: To enter, you will need a Digital Device (defined below) and a valid email address. Any such eligible Participant must first download and install the McDonald’s App on their qualifying iOS or Android Device (e.g., an iPhone, Android phone, iPad, Android Galaxy Tab, etc.) (each a “Digital Device”) if they do not already have the McDonald’s App installed. Data rates may apply. The McDonald’s App is free, but only available in the Apple App Store or Google Play (for iOS/Android). In the App Store, compatibility requires iOS 9.0 or later. Compatible with iPhone, iPad and iPod Touch. In Google Play, compatibility requires Android 4.4 or later. Use of the McDonald’s App is subject to the Terms & Conditions for the McDonald’s App, which can be found in the “About, Contact & Legal” tab in the App menu. Once you have downloaded the McDonald’s App, complete the registration process including providing a valid email address. You will need to enable “Location Services” and include your email address and a valid payment card in your App settings in order to use Mobile Order & Pay. Winners will be notified via email or push message. Agreeing to receive push messages from the McDonald’s App is not required, but please consider doing so, so Sponsor has more than one way to contact you if you are a winner. You will automatically receive one (1) Entry into the Sweepstakes when you use Mobile Order & Pay in the McDonald’s App during the Entry Period. Note: If due to any mechanical, technical or human error, you are not able to place an order using Mobile Order & Pay, please refer to the instructions below on how to enter without making a purchase. B. Via Email Without Making a Purchase: To receive one (1) AMOE Entry without using Mobile Order & Pay, send an email to email@example.com and put only the date you are sending the email in numeric format (mm/dd/yy) in the subject line and your first/last name in the body of the email. Note: AMOE Entries must be received by the Redemption Center (see Rule 5) on the same date noted in the subject line or they will be disqualified. C. Limits: There is a limit of one (1) “Entry” (Mobile Order & Pay or AMOE Entry email) per Participant per Day (regardless of Entry method and regardless of the number of purchases that a Participant makes using Mobile Order & Pay during any given Day). Participants may not share an email address with any other participant for purposes of entering the Sweepstakes.
4. Drawing/Odds Of Winning. One (1) potential winner will be selected from among all eligible Entries received for the entire Entry Period, in a random prize drawing on or about August 29, 2018, conducted by an independent organization selected by Sponsor. The odds of winning a prize will be determined by the number of eligible Entries received.
5. Winner Notification. Sponsor’s redemption center (the “Redemption Center”) will notify the potential winner by email and/or push notification (if enabled in Participant’s App Preferences) within the McDonald’s App within approximately two (2) business days after the random prize drawing. Potential winner will need a valid email address in their App Preferences for notification. The potential winner must respond within two (2) business days of receipt of email or push notification. Prize claim documents (“Prize Claim Documents”) will then be sent to potential winner via email and/or mail. The Prize Claim Documents will include a declaration of eligibility/release of liability/prize acceptance and publicity release (where permitted by law), and any other documentation reasonably requested by Sponsor, all of which a potential winner must complete and return within three (3) business days of the date the Prize Claim Documents are sent to the potential winner. If a potential winner is an eligible Minor, the prize may be awarded to or in the name of winner’s parent/legal guardian, who must execute all Prize Claim Documents and agree to all obligations and undertakings of a winner, both on behalf of himself/herself and the Minor winner, or the prize may be forfeited in its entirety. All Prize Claim Documents received after the deadline shall be deemed VOID and the potential winner may be disqualified. Prize Claim Documents that are complete and duly submitted to the Redemption Center within the required period will be verified within approximately four (4) weeks after the Prize Claim Documents are received or as soon thereafter as reasonably practical, and once verified, the winner (or his/her parent/legal guardian if winner is a Minor) will be contacted to coordinate delivery of the prize. If any potential prize winner (or such Minor winner's parent or legal guardian) cannot be reached after Sponsor or its representative has made a reasonable effort to contact him or her, declines a prize for any reason, or fails or refuses to properly sign and return all Prize Claim Documents by the redemption deadline or if the Prize Claim Documents or any portion of a prize is returned as unclaimed or undeliverable to any potential winner, or if it is discovered that a winner made any false statement in any Prize Claim Document, or if the potential prize winner is at any time found to be ineligible or otherwise in violation of these Official Rules (including, without limitation, by using multiple sets of contact information or any other method in an attempt to circumvent the above-stated Entry limitations), that a winner has registered for the Sweepstakes using more than one (1) email address or Digital Device, or if the potential winner declines a prize, or fails to comply with these Official Rules, such potential winner will be disqualified and will forfeit the prize and all rights to the prize he/she otherwise might have received. The Sponsor will attempt to award any such prize to an alternate winner, but will not pursue more than three (3) alternates, time permitting. The submission of Prize Claim Documents is solely the responsibility of the potential winner or their parent/legal guardian if the potential winner is a Minor. When sending Prize Claim Documents to the Redemption Center, it is strongly recommended that Participants retain a photocopy of all Prize Claim Documents submitted, and send the submission using Registered, Certified or Express Mail with a receipt of mailing (although proof of mailing does not constitute proof of delivery).
6. PRIZE/ARV. One (1) prize is available to be won. The winner, subject to verification, will receive McDonald’s food for Life (for the winner only), up to two meals per week for fifty (50) years, awarded as a $1,000 credit on winner’s McDonald’s App and $35,400 cash, plus $15,600 to offset taxes on the prize, awarded as a check for $51,000. Winner will also receive a custom gold-plated phone case. Total ARV: $52,350. Winner may choose a cash alternative of $1,000 in lieu of $1,000 App credit, added to check. The Sweepstakes Entities make no representation or warranty that the amount included to help pay taxes will be sufficient to pay winner’s entire tax liability.
7. PRIZE/ENTRY CONDITIONS/RESTRICTIONS. All details and other restrictions of prizes not set forth in these Official Rules will be determined by Sponsor in its sole discretion. If Sponsor so elects, a potential prize winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility and security requirements set by the Sponsor to help ensure that the use of any such person in advertising or publicity for the Sweepstakes will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes or the Sponsor as determined by Sponsor in its sole discretion. Sponsor reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. There is no substitution or cash equivalent for any prize, except that Sponsor in its sole discretion can substitute a prize for a prize of equal or greater value if a prize is not available for any reason. All income taxes (including, without limitation, federal, state and/or local income taxes) on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of the winner. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Expenses not stated for any prize are the sole responsibility of the applicable winner. Entry Conditions: Each Participant acknowledges and agrees that the decisions of Sponsor and/or the Redemption Center shall be final, binding and conclusive in all matters relating to the Sweepstakes. Any person attempting to forge Prize Claim Documents or defraud Sponsor or any of the Sweepstakes Entities in any way in connection with this Sweepstakes may be prosecuted to the fullest extent permitted under the law. In the event of a dispute concerning the identity of a Participant, the Participant will be declared to be the registered account holder of the email address associated with the disputed Entry, but only if that person meets all other eligibility criteria. Otherwise, the Entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. A registered account holder of an email address is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. Winner may be required to show proof of being the registered account holder.
8. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION. Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents and are advised to obtain insurance where appropriate. Sponsor, and each of its parent companies, subsidiaries, affiliates, franchisees, local advertising cooperatives, Deals and McDonald’s App developers, digital/advertising/promotion agencies, the Redemption Center and all of their respective shareholders, officers, directors, agents, representatives and employees (individually and collectively “Sweepstakes Entities”) are not responsible for: (a) incomplete, misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due submissions of Prize Claim Documents or other Sweepstakes-related materials whether caused by Participants, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention; (b) any damage to a Participant’s or other person’s computer system or Digital Device which is caused or occasioned by accessing the McDonald’s App, participating in the Sweepstakes or claiming a Sweepstakes prize; (c) technical difficulties or failures of any kind including, but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, Digital Device or wireless carriers, websites or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, Digital Device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower, or ISP or wireless carriers; (e) any technical malfunctions, failures or difficulties (including failures to correctly scan and/or redeem the Deals), printing errors, clerical, typographical or other errors in any Sweepstakes advertisement or other materials or any Prize Claim Documents; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by the McDonald’s App or tampering, hacking, or by any equipment or programming associated with, or utilized in the Sweepstakes, including, without limitation, Entries that are submitted by automated computer programs or other illegitimate means; (h) the incorrect or inaccurate capture of information or the failure to capture or loss of any information. Prize Claim Documents submitted become the sole property of Sponsor and will not be returned. Sponsor shall not be responsible to correspond with Participants; or (i) communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in a Participant’s email or voicemail inbox. Sponsor reserves the right to restrict or void entries or participation from any IP address, Digital Device, or other identifiable source if it detects any suspicious entry and/or participation. By participating in the Sweepstakes, each Participant hereby releases and agrees to hold the Sweepstakes Entities harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity or the receipt, use or misuse of any prize. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim said prize and any liability and publicity which might arise from claiming or seeking to claim said prize. By participating in the Sweepstakes the verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Sweepstakes and other promotions without further compensation (except where prohibited by law), and releases the Sweepstakes Entities from any liability with respect thereto.
9. DIGITAL DEVICE REQUIREMENTS. Using a Digital Device and/or Operating System not supported by the McDonald’s App may prevent participation in the Sweepstakes via the McDonald’s App. Your Digital Device also must support the Operating System that the McDonald’s App requires for your specific device. While all efforts are made to support current Operating Systems and Digital Devices based on the McDonald’s App System Requirements, new Operating Systems and/or Digital Devices may not be supported if brought to market after the development of this Sweepstakes. Sponsor is not responsible for any browser or device supporting issues.
McDonald’s App System Requirements:
• Android™ 4.4+
• iOS 9.0+
10. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, The SPONSOR makes no warranties, and hereby DISCLAIMS ANY and all warranties, expressED or implied, concerning any prize in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SWEEPSTAKES ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
12. ARBITRATION. By participating in this Sweepstakes, each Participant agrees that: (1) any claim, dispute or controversy (whether in contract, tort or otherwise) Participant may have against any of the Sweepstakes Entities arising out of, relating to or connected in any way with the Sweepstakes, the awarding or redemption of the Prize, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator pursuant to JAMS’s Comprehensive Arbitration Rules and Procedures (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by JAMS pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed to by the Participant and Sponsor; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as Participant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only the Participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $250, Sponsor agrees to pay any such administrative, arbitrator and filing fees exceeding $250 on the Participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Participant’s fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (8) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. Finally, this arbitration provision is reciprocally binding on all parties, such that both Participant and Sponsor are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, Participants may visit the JAMS Website at http://www.jamsadr.com.
13. OFFICIAL RULES. These Official Rules will be available at http://www.mcdonalds.com/MobileMcGoldCard and in the McDonald’s App. To receive a copy of the Official Rules by mail, mail a SASE to Redemption Center, Mobile McGold Card Sweepstakes Official Rules Request, P.O. Box 1132, Chicago, IL 60690. All requests must be postmarked by September 30, 2018, and received by October 9, 2018. Vermont residents may omit return postage. Limit one (1) request per outer envelope
14. WINNERS LIST. For a list of Official Winners, mail a #10 SASE to Redemption Center: Mobile McGold Card Sweepstakes Winners List Request, P.O. Box 1132, Chicago, IL 60690. All requests must be postmarked by September 30, 2018, and received by October 9, 2018. Limit one (1) request per outer envelope. The list will be available when the Sweepstakes is officially over and the prizes have been verified and awarded.
15. SPONSOR. McDonald’s USA, LLC, 110 N. Carpenter St., Chicago, IL 60607-2101. ©2018 McDonald’s. All rights reserved.