McDonald's

McDonald's® McCafe® Smoothie In-Store Giveaway Contest Official Rules

NO PURCHASE NECESSARY.

1. ELIGIBILITY:  The McDonald's McCafe® Smoothie In-Store Giveaway Contest (the "Contest”), brought to you by McDonald's Restaurants of the Ozarks Cooperative (the "Sponsor”), and is governed by these Official Rules.  To enter, you must be 18 years of age or older and a legal United States resident at the start of the Contest Entry Period.  All entries become the exclusive property of Sponsor. Void where prohibited.  Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate. 

2. THE CONTEST ENTRY PERIOD:  The Contest begins 5:00 AM CST on July 19, 2010 and concludes 11:59 PM CST on August 8, 2010 ("Contest Entry Period").

3.  TO ENTER:  Participants can enter by registering at a McDonald’s restaurant by completing an official entry form.  One name will be randomly selected from all entries received during promotional period.  One entry per customer per visit.

4. PRIZE DETAILS/ODDS:  First Prize: Fifty-Two (52) Be Our Guest Cards each valid for one (1) free McCafe® Smoothie (Approximate Retail Value: $100). Winner must accept prize as specified by Sponsor and on dates designated by Sponsor, or prize will be forfeited.  Prize cannot be assigned, transferred, or substituted except by Sponsor who may, at its sole discretion, substitute any prize with one of comparable value if the advertised prize becomes unavailable for any reason. One prize per person during the Contest Entry Period.

5. CONDITIONS OF PARTICIPATION:  Participants agree (a) to these Official Rules and the decisions of Sponsor which are final and binding, (b) that Sponsor, its parent, subsidiary and affiliated companies, advertising and promotion agencies, and all of their officers, directors, franchisees, employees, representatives and agents will have no liability whatsoever for, are released and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest and (c) except where legally prohibited, winner grants (and agree to confirm that grant in writing) permission to Sponsor and those acting under Sponsor’s authority the right to the use of his/her name, photograph, likeness, voice, image and biographical information and statements for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval. 

6. REQUIRED DOCUMENTATION:  All Winners will be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release within seven (7) days after notification. If documents are not returned on a timely basis, or if any prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited.  Should a prize be won by a minor, all affidavits, releases and other documents must be executed by the parent or legal guardian of the minor, on behalf of himself and the minor, or prize may be forfeited.  Prize may be awarded in the name of, or to, minor winner’s parent or legal guardian.  Taxes on a prize are solely the responsibility of the winner.

7. GENERAL PROVISIONS:  Neither Sponsor nor its agencies are responsible for not receiving entries, no matter what the reason even if known in advance, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or the failure to capture any such information.  Persons who tamper with any aspect of the Contest, as solely determined by the Sponsor, will be disqualified.  Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries and disqualify any entrant using such methods.  Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest.  In case of dispute, the authorized subscriber of the email account used to enter the Contest at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules.

8. ARBITRATION: By participating in this Game in the Territory each Participant (and his/her parent/legal guardian if the participant is a minor) agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against the Game Entities arising out of, relating to, or connected in any way with the Game, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“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 AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed 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 applicable Participant may have entered into in connection with the Game; (5) the arbitrator shall apply Missouri or Arkansas 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, arbitration can 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) the Participant and Sponsor shall be entitled to recover punitive, incidental and/or consequential damages only to the extent permitted by law; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them 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 filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) 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  AAA, 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.  For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA  Website at http://www.adr.org, or contact AAA AT 1633 Broadway, 10th Floor, New York, New York 10019; OR BY EMAIL AT websitemail@adr.org.

8. WINNER’S LIST:  For the names of the winners, write your name and address on a 3”x5” card, and mail in first-class, stamped envelope to:  McDonald's McCafe® Smoothie In-Store Giveway Contest Winners List, 1215 Fern Ridge Parkway Suite 213 St. Louis, MO 63141 for receipt by July 21, 2010.

9. SPONSOR:  McDonald's Restaurants of Ozarks Cooperative, 1215 Fern Ridge Parkway Suite 213 St. Louis, MO 63141.