McDonald’s and Uber Eats McDelivery Gaming Sweepstakes
July 08, 2019
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
A VALID TWITTER ACCOUNT AND INTERNET ACCESS ARE 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 #10).
1. SWEEPSTAKES DESCRIPTION.
McDonald’s USA, LLC (the “Sponsor”) is offering a Sweepstakes in the 50 United States and the District of Columbia (the “Territory”) that begins at 12:00:00 a.m. Eastern Time (“ET”) on July 8, 2019, and ends at 11:59:59 p.m. ET on July 14, 2019 (the “Entry Period”). Eligible individuals may enter for a chance to win the prize described in Rule #6 below. To enter, during the Entry Period, share what McDonald’s menu items you want delivered while gaming on your personal, public Twitter account, including the hashtags #McDelivery and #Sweepstakes and the tags @Ninja, @UberEats and @McDonalds (“Required Tags”). See Rule #3 for full entry details and requirements, including instruction on content that is prohibited in an entry. There is a limit of one (1) entry per day/per person/Twitter account. Void where prohibited. The Sweepstakes is governed by these Official Rules. This Sweepstakes is no way sponsored or administered by, or associated with Twitter, or any of its affiliated companies.
2. WHO IS ELIGIBLE TO ENTER/WIN.
The Sweepstakes is open only to individuals who are legal residents of the Territory and who are thirteen (13) years of age or older at the time of participation. If the potential winner is a minor in their state of residence, winner’s parent/legal guardian must accept the prize on behalf of the minor. Persons in any of the following categories are NOT eligible to participate in the Sweepstakes: any person who on or after January 1, 2019, 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; (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 attempts to enter the Sweepstakes during the Entry Period is hereafter referred to as a participant (“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.
Tweet, in 280 characters or less in the English language, the McDonald’s menu items you would want delivered while gaming. You must include #McDelivery, #sweepstakes, @Ninja, @McDonalds and @UberEats in your entry tweet. You must post from your personal Twitter account. It must be a public account and cannot be a shared, corporate or organization account. Your tweet must be posted during the Entry Period and remain publicly visible on your account until at least August 14, 2019, in order to remain eligible. If your tweet meets the requirements described in these Official Rules, you will receive one (1) entry into the Sweepstakes drawing for a chance to win the prize in this Sweepstakes.
A valid entry into this Sweepstakes via Twitter is referred to as an “Entry” in these Official Rules. Data charges may be incurred from your wireless carrier for submitting your Entry via a mobile device. Be sure to check your wireless carrier’s pricing plan before entering via mobile device.
Sponsor is not responsible for misspellings, typographical errors or other issues that may affect the ability of Sponsor to locate a purported Entry using a search to find eligible entries. PARTICIPANTS ARE NOT REQUIRED TO “FOLLOW” McDONALD’S OR UBER EATS ON TWITTER TO ENTER, BUT MAY NOT BE ABLE TO RECEIVE SPONSOR COMMUNICATIONS IF THEY DO NOT FOLLOW McDONALD’S ACCOUNTS AND WILL BE ASKED TO DO SO OR TO ACCEPT COMMUNICATIONS FROM SPONSOR AS PART OF THE WINNER VERIFICATION PROCESS IN ORDER FOR THE SPONSOR TO COMMUNICATE WITH THE PARTICIPANT PRIVATELY TO AWARD THE PRIZE. Your Entry Content must include the Required Tags as described above and must otherwise comply with these Official Rules. Entry Content will not be judged or otherwise considered in selection of the winner (other than to determine if the Entry Content complies with these Official Rules).
LIMIT ONE (1) ENTRY PER PERSON AND PER TWITTER ACCOUNT PER DAY. Any subsequent Entries will be disqualified and any person submitting purported Entries in excess of the above-stated limit may be disqualified in Sponsor’s sole discretion. A Twitter account can only be used by one (1) person to participate in the Sweepstakes. The use of multiple Twitter accounts to enter above the stated limit is specifically prohibited and may result in disqualification in Sponsor’s sole discretion. Use of any robotic, automatic, macro, programmed or third party entry method is prohibited, and Sponsor may, in its sole discretion, void all such entries by such methods, and disqualify any Participant using such methods. Any waiver of any obligation, requirement or restriction hereunder by Sponsor does not constitute a general waiver of any obligation to Participants.
ENTRY CONTENT REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE PARTICIPANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SWEEPSTAKES ENTITIES (DEFINED BELOW) IN ANY MANNER.
4. Drawing/Odds Of WINNING.
Winner will be selected in a random drawing from among all eligible Entries received during the Entry Period, conducted by an independent third party selected by Sponsor, on or about July 31, 2019. The odds of winning the prize will be determined by the number of Entries received.
5. WINNER NOTIFICATION.
Sponsor’s redemption center (the “Redemption Center”) will notify the potential winner as follows:
(a) If the potential winner is a follower of Sponsor’s official Twitter account (@McDonalds) or his/her settings otherwise allow @McDonalds to send him/her a direct message, he/she will be notified via a direct message to his/her Twitter account, and he/she must respond to the private message from Sponsor within twenty-four (24) hours or prize will be forfeited.
(b) If the potential winner is not already a McDonald’s follower or does not have other settings enabled to receive direct messages from @McDonalds, he/she will be asked via a public message from Sponsor, on or about July 31, 2019, to follow the Sponsor’s official Twitter account at @McDonalds in order to receive a direct message from Sponsor and be verified as a winner. The potential winner then must follow the @McDonalds account within twenty-four (24) hours or his/her prize will be forfeited, and an alternate winner may be selected.
Once the potential winner is notified by Sponsor, he/she must respond within twenty-four (24) hours to that notification and then follow instructions from Sponsor to complete any prize claim documents (“Prize Claim Documents”) in the time noted and return the Prize Claim Documents to the Redemption Center or forfeit the prize. (If the potential winner is a minor, his/her parent or legal guardian will need to execute the Prize Claim Documents on his/her own behalf and the behalf of the minor.) After successful completion of prize claim procedure, winner will receive additional information regarding receipt of his/her prize. Provided that potential winner’s Entry is in compliance with these Official Rules, the content and quality of the Entry will NOT otherwise be considered in the winner selection procedure. IT IS THE SOLE RESPONSIBILITY OF EACH PARTICIPANT TO ENSURE THAT THEIR PRIVACY SETTINGS ALLOW FOR SPONSOR TO CONTACT THEM VIA DIRECT MESSAGE, INCLUDING, IF APPLICABLE, FOLLOWING SPONSOR’S OFFICIAL TWITTER ACCOUNT @McDonalds UPON REQUEST VIA PUBLIC TWEET. SPONSOR RESERVES THE RIGHT TO DISQUALIFY, AND NOT AWARD THE PRIZE TO, ANY PERSON WHO DOES NOT COMPLY WITH THE FOREGOING. In the event a potential winner does not respond in the time noted by the Sponsor, that potential winner will be disqualified, forfeit the prize, and the Sponsor will notify an alternate winner. If necessary, the Sponsor will contact up to three (3) alternate winners in order to award the prize, time permitting, after which the prize will go unawarded.
One (1) Grand Prize: The winner, once verified, will receive Ninja’s full gaming technology setup, consisting of one (1) computer, one (1) keyboard, one (1) mouse, one (1) headset, one (1) mousepad and one (1) monitor. McDonald’s will facilitate delivery of prize to the winner’s home. Approximate retail value (“ARV”): $4,847.80.
7. PRIZE/ENTRY CONDITIONS/RESTRICTIONS.
All expenses, fees and charges associated with prize acceptance and use not specified above as being part of the prize are solely the responsibility of the prize winner (or their parent or legal guardian if potential winner is an eligible minor). If won by an eligible minor, prize(s) may be awarded in the name of or to such minor’s parent or legal guardian in Sponsor’s sole discretion. If a potential winner is unable to accept a prize as stated, the prize may be forfeited in its entirety and awarded to an alternate winner. Prizes are non-assignable, non-transferable and will be deemed void if sold, transferred, auctioned or assigned to any third person or entity. Prize can only be transferred if approved by Sponsor (which can withhold approval for any reason). Winner will receive a 1099 Tax Form in the amount of the selected prize and such other documents as may be required by law for the actual value of the prize, to be issued in January of the year following receipt of the prize. Winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. All income taxes on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of that prize winner. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Unclaimed prize will not be awarded.
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 (defined below) 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 Twitter account from which the disputed Entry was submitted, 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 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, the Redemption Center, McDonald’s, Uber Eats, WE Communications, their respective parent companies, subsidiaries, affiliates, franchisees, local advertising cooperatives, website developers, digital/advertising/promotion agencies, and all of their respective shareholders, officers, directors, agents, representatives and employees (individually and collectively “Sweepstakes Entities”) are not responsible for: (a) Entries that are 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 participating in the Sweepstakes or claiming the 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 connections, 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, printing errors, clerical, typographical or other errors in these Official Rules, 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 tampering or 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; or (h) the incorrect or inaccurate capture of information or the failure to capture or loss of any information (including as a result of any filtering or other action by the Twitter platform’s functionality which prevents Sponsor from accessing Entries). Prize Claim Documents submitted become the sole property of Sponsor and will not be returned. By participating in the Sweepstakes and to the fullest extent permitted by applicable law, each Participant (and, if Participant is a minor, such minor’s parent/legal guardian) hereby releases and agrees to indemnify and 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 the prize. Participants waive the right to assert as a cost of winning the prize, 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, each 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. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Sweepstakes Entities and each of their respective parents, subsidiaries, affiliates, and franchisees are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s email account, voicemail inbox or Twitter account to receive messages. Sweepstakes Entities and each of their respective parents, subsidiaries, affiliates and franchisees are not responsible, and may disqualify a Participant, if Participant’s Twitter account, email address, telephone or other contact information does not work or is changed without Participant giving prior written notice to Sponsor.
A. Disqualification: It is the Participant’s sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules, or declines the prize for any reason prior to award, such potential winner will be disqualified, and the prize forfeited. No mechanically reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.
B. Force Majeure/Printing and Production Errors: Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if it determines in its sole discretion, that any Sweepstakes materials and/or Prize Claim Documents reflect printing, production or other errors, or if it determines, in its sole discretion, that the Sweepstakes is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors (including, without limitation, viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper Entry, integrity and/or feasibility of the Sweepstakes. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order or regulation, public health crisis, order of any court or jurisdiction or other cause not reasonably within Sponsor’s control, then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. No more than the prize described in these Official Rules will be awarded.
C. Invalidity: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor. McDonald’s restaurant employees or franchisees are not authorized to modify or amend these Official Rules.
D. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and the Sweepstakes Entities in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of Illinois including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.
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.
11. WINNERS LIST.
To find out who won, email email@example.com. All requests must be received by December 31, 2019. The list will be available when the Sweepstakes officially ends, and the prize has been awarded.
12. SPONSOR. McDonald’s USA, LLC, 110 N. Carpenter Street, Chicago, IL 60607. ©2019 McDonald’s. All rights reserved.
Uber Eats and their affiliated companies, parent companies, subsidiaries, participating promotional partners are not a sponsor of the Sweepstakes, and are in no way responsible for the administration of the Sweepstakes, the verification of winners or the fulfillment of prize awards. All inquiries regarding the Sweepstakes should be directed to Sponsor and not to Uber Eats. Uber Eats is a trademark of Uber Technologies, Inc.