Celebrate the Magic Sweepstakes at McDonald's
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning. See Rule 3.B. below for details on how to enter without making a purchase and link to entry form. A valid email address is required to participate.
Each potential winner (and any minor winner's parent or legal guardian for themselves 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 themselves 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 (excluding all disputes associated with the Grand Prize) will be decided by binding arbitration (found in Rule 12).
1. Sweepstakes Description.
McDonald's USA, LLC (the "Sponsor") is celebrating Walt Disney World® Resort's 50th Anniversary with the Celebrate the Magic Sweepstakes at McDonald's ("Sweepstakes"). Customers can enter the Sweepstakes by purchasing a Happy Meal® using Mobile Order & Pay (described below) in the McDonald's App (described below) beginning on September 25, 2021, at 12:00:00 a.m. local time and ending on October 1, 2021, at 11:59:59 p.m. local time ("App Entry Period") or without making a purchase via the alternate method of entry ("AMOE") beginning September 25, 2021, at 12:00:00 a.m. Eastern Time ("ET") and ending on October 2, 2021, at 5:59:59 a.m. ET ("AMOE Entry Period"). Where distinction is not necessary, the App Entry Period and AMOE Entry Period are referred to collectively as the "Entry Period".
See Rule 3 below for all purchase entry and AMOE details.
The Sweepstakes entry is available to anyone who is 18 years or older and a resident of the 50 United States or District of Columbia (the "Territory"). Participants can download the McDonald's mobile application ("McDonald's App") (free, other than normal data usage fees) to their digital device (refer to Rule 9 for digital device requirements). The McDonald's App offers customers the ability to place orders and pay via the McDonald's App ("Mobile Order & Pay") at participating McDonald's restaurants. Only Happy Meal orders placed by eligible participants through this Mobile Order & Pay feature during the App Entry Period will earn an entry into the Sweepstakes. (A customer under the age of majority should only use mobile payment with the permission of a parent/legal guardian.) There is a limit of one Entry (defined in Rule 3 below) per Day, regardless of the number of Happy Meals purchased or the method of entry. Void where prohibited. The Sweepstakes is governed by these Official Rules.
The database clock for the servers operating the McDonald's App and the AMOE entry form website will be the official timekeeping devices 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 at 11:59:59 p.m. (a "Day"). Any AMOE entry received between 12:00:00 a.m. ET on October 1st and 5:59:59 a.m. ET on October 2nd will be recorded as received on October 1st and will be subject to the one-per-Day entry limit for October 1st.
2. Who Is Eligible To Enter/Win.
The Sweepstakes is open only to individuals who are residents of the Territory and who are 18 years of age or older on the Day of participation. (Any eligible individual who is 18 or older, but younger than the age of majority in their jurisdiction of residence, is referred to in these Official Rules as a "Minor".) Any Minor should only use Mobile Order & Pay or enter the Sweepstakes with the permission of their parent/legal guardian. Persons in any of the following categories are not eligible to participate in the Sweepstakes: any person who on or after April 1, 2021, 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 or agent of McDonald's USA, LLC ("Sponsor"), its parent company or its 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 McDonald's App;
- d. an employee of Disney Worldwide Services, Inc. or its parent, related, affiliated or subsidiary companies (each a "Prize Partner"); or
- e. 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.
Participants With Disabilities: If you have a disability and you need assistance with participating in the Sweepstakes and/or with redeeming a prize, contact: email@example.com.
An eligible individual who attempts to enter 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.
How to Get/Use the McDonald's App: To enter the Sweepstakes using the McDonald's App, you will need a Digital Device (defined below) and a valid email address. Eligible Participants must first download and install the McDonald's App on their qualifying iOS or Android Device (e.g., an iPhone®, Android phone or iPod Touch®, Android Galaxy Tablet, etc.) (each a "Digital Device") if they do not already have the current version of the McDonald's App installed. Data rates may apply. The McDonald's App is free, but only available in the App Store or Google Play (for iOS/Android). In the App Store, compatibility requires iOS 10.0 or later for iPhone® and iPod Touch®. In Google Play, compatibility requires Android 5.0 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 "Careers, Contact & Legal" tab in the McDonald's App menu.
Once you have downloaded the McDonald's App, complete the registration process for the McDonald's App, including providing a valid email address. You will need to enable "Location Services" and include your email address in your McDonald's App settings in order to use Mobile Order & Pay. Note that the winner will be notified via email.
There are two ways to enter the Sweepstakes:
A. During the App Entry Period, use the McDonald's App to purchase a Happy Meal using Mobile Order & Pay:
An eligible Participant will automatically receive one entry (each an "Entry") into the Sweepstakes when they use Mobile Order & Pay to purchase a Happy Meal from any participating McDonald's restaurant. If by reason of any problem, whether mechanical, technical, due to human error or omission or other means the order cannot be completed, no Entry will be recorded. Please refer to the instructions in Rule 3.B. below on how to enter without making a purchase.
B. During the AMOE Entry Period, enter without making a purchase:
To receive one Entry without making a purchase, click on this AMOE link and you will then be directed to an AMOE form that you must complete by providing your first and last name and email address, confirming email, phone number and birthday and checking the box to confirm that you have read and agree to the Official Rules and that you are eligible to enter the Sweepstakes. When you submit the entry form and it is successfully received and recorded by the website servers, that will be the date and time of the submitted AMOE Entry. AMOE Entries are recorded in ET, regardless of where in the Territory the Participant is located. AMOE Entries must be received no later than October 2, 2021, at 5:59:59 a.m. ET and are subject to the daily limit of one Entry per day. AMOE Entries received between 12:00:00 a.m. on October 1, 2021, and 5:59:59 a.m. on October 2, 2021, will all be treated as though they were received on October 1st for purposes of the daily entry limit.
There is a limit of one Entry per Participant per Day (regardless of Entry method and regardless of the number of Happy Meals or other purchases that a Participant makes using their McDonald's App during any given Day). Any subsequent entry(ies) on the same day will be disqualified and any person submitting purported entries in excess of the above-stated limit may be disqualified in Sponsor's sole discretion. Participants may not share an email address with any other participant for purposes of entering the Sweepstakes.
4. Drawing/Odds of Winning.
Twenty-five potential winners will be selected from among all eligible Entries received for the entire Entry Period, in a random prize drawing on or about October 14, 2021, conducted by an independent organization selected by Sponsor. The odds of winning a prize will be determined by the number of eligible Entries received from all entry methods combined. Limit one prize per Participant.
5. Winner Notification.
Sponsor or Sponsor's redemption center (the "Redemption Center") will notify the potential winners by email within approximately two business days after the random prize drawing. The potential winner must respond within five business days of receipt of email in accordance with the notification instructions and provide the Redemption Center with all requested information, which may include, without limitation: Participant's first and last name, street address, city, state, ZIP Code and phone number.
Prize claim documents ("Prize Claim Documents") will then be sent to the potential winner via email and/or mail. The Prize Claim Documents for the potential winner will also include a declaration of eligibility/release of liability/prize acceptance and publicity release (where permitted by law), a guest release form and any other documentation reasonably requested by Sponsor, all of which the potential winner must complete and return within seven days of the date the Prize Claim Documents are sent to the potential winner.
If the 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 weeks after the Prize Claim Documents are received or as soon thereafter as reasonably practical, and once verified, the winner (or their parent/legal guardian if winner is a Minor) will be contacted to coordinate delivery of the prize.
If the 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 them, 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 potential winner made any false statement in any Prize Claim Documents, 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 potential winner has registered for the Sweepstakes using more than one 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 they otherwise might have received.
The Sponsor will attempt to award any such prize to an alternate winner, but will not pursue more than three alternates for each prize, 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. Prize Claim Documents submitted become the sole property of Sponsor and will not be returned; Sponsor shall not be responsible to correspond with Participants. 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).
Twenty-Five "Grand Prizes": Each Grand Prize includes a five-day, four-night vacation for winner and three guests to Walt Disney World® Resort near Orlando, Florida. Grand Prize consists solely of round-trip, economy-class air travel for one winner and three guests originating at the major domestic airport nearest winner's home in the U.S. to Orlando, Florida; four nights' hotel accommodations (Value Resort level, one standard double occupancy room) in Sponsor's sole discretion; up to four four-day Theme Park tickets (valid for all four theme parks – Magic Kingdom® Park, EPCOT®, Disney's Hollywood Studios® and Disney's Animal Kingdom® Park); $750 total in Disney Gift Card eGifts (subject to restrictions; visit DisneyGiftCard.com for complete terms and conditions) and a check for $3,460 that winner can use for airport transfers, food, taxes or in their sole discretion. Approximate retail value ("ARV") of each Grand Prize: $11,165. The actual value of the Grand Prize will depend on the dates and departure airport and any difference in the actual value and ARV will not be issued. Winner may select dates of travel, subject to Sponsor's discretion and approval. Travel must be completed by December 15, 2022, or prize will be forfeited and Sponsor will have no further obligation to such winner. Each Grand Prize is subject to Terms in Rule 7.
Total Number of Prizes: 25; Total ARV of $279,125.
7. Prize/Entry Conditions/Restrictions.
A. 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 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 Sweepstakes Entry, but only if that person meets all other eligibility criteria. Otherwise, the Sweepstakes Entry may be disqualified, and any potential Grand Prize won will be forfeited in Sponsor's sole discretion.
B. Grand Prize Terms And Restrictions: Parks, attractions and other offerings are subject to availability, closures and change or cancellation without notice or liability. Parking is not included. Park admission, offerings and ticket options are not guaranteed. Travel/park admission is not available December 15, 2021, to January 1, 2022. Any and all costs, fees (including, but not limited to, luggage fees and transportation between winner's home and departure airport) and expenses not expressly stated in the Grand Prize description are the sole responsibility of the Grand Prize Winner. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. Sponsor does not represent that any money provided as part of the prize to help towards taxes will be sufficient to cover winner's potential tax liability associated with winning the prize. No insurance is provided as part of the prize, and obtaining any insurance is the sole responsibility of the Grand Prize Winner and/or winners' guest(s). Travel and other arrangements will be determined by Sponsor or Prize Partner (where applicable). If any winner is a Minor, the winner's parent/legal guardian must be one of the guests; and if one of Grand Prize Winner's guests is a Minor, that guest must be winner's child or legal ward or at least one of the Minor guest's parents or legal guardians must also be participating in the Grand Prize as another guest of Grand Prize Winner. Air travel will be round-trip (originate from and end at the same airport), economy-class from and to an airport selected by Sponsor. Reservations must be made, and tickets issued prior to travel. Tickets and certificates are non-refundable and non-transferable and are not redeemable for cash. Changes to reservations are not permitted. Grand Prize Winner and guest(s) must travel together on the same itinerary and are solely responsible for having any required travel-related documents (including valid government-issued photo ID and/or other identification) prior to departure as well as fulfilling any/all travel and security requirements. Failure to complete any portion of the Grand Prize does not relieve the prize winner of their tax obligations associated with winning a Grand Prize. Flight schedules are subject to change without notice. In the event a winner lives within one hundred miles of Walt Disney World® Resort, air travel will not be included in the Grand Prize and any such winner will be compensated a total of $500 in lieu of air travel. No Sweepstakes Entity (defined below) will be liable for any missed opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Theme park tickets may not be transferred or sold and are subject to the additional conditions/restrictions imposed by their issuer. Grand Prize Winners' travel dates must be approved by Sponsor. If a winner (and/or the winner's guest(s)) is not able to participate in any portion of a Grand Prize, that unused portion will not be substituted for cash or any other prize. Grand Prize Winners may be required to provide a current and accepted valid major credit card at time of hotel check-in to cover incidentals, and any and all costs, fees and expenses not expressly stated in the prize description. Restrictions and/or blackout dates may apply to some vacation prizes. Once a guest is determined, that guest cannot be changed without the express consent of Sponsor, which may be withheld for any reason. Each Grand Prize Winner (and each guest) agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Grand Prize-related activity. Grand Prize Winners understand and agree that Sponsor or the Prize Partner has the right, in their sole discretion, to disqualify and remove a Grand Prize Winner and/or any guest from any activity at any time if that winner or guest's behavior at any point is uncooperative, disruptive or may or does cause damage to person, property or the reputation of Sponsor or Prize Partner or otherwise violates the policies of the Sponsor or Prize Partner. Each Grand Prize Winner is solely responsible for the behavior of their guests. If any activity relating to any Grand Prize is cancelled or postponed for any reason, the balance of that Grand Prize will be awarded in full satisfaction of the Grand Prize awarded. Grand Prize Winners agree that the Sweepstakes Entities (defined below) are not responsible in any way for any additional expenses, omissions, delays or re-routing resulting from any acts of any government or authority, and acknowledge that they are solely responsible for any actions, claims or liabilities of their guest related to any Sweepstakes or prize-related activity, including, without limitation, any actions, claims or liabilities related to a guest's involvement of the Grand Prize.
To visit the theme parks, theme park reservations via the Disney Park Pass system (https://disneyworld.disney.go.com/experience-updates/park-reservations/) and valid admission are required for the same theme park on the same date for each person in the group ages 3 and up. Reservations are subject to availability and are not guaranteed until a reservation is finalized.
Before visiting Walt Disney World® Resort, each guest should visit https://disneyworld.disney.go.com/experience-updates/ to view important information about park reopening, reservations, limitations on benefits, features, experiences and offerings, new safety measures and other information which may continue to change at any time without notice.
An inherent risk of exposure to COVID-19 exists in any public place where people are present. By accepting and using the Prize and visiting Walt Disney World® Resort, each Winner and their guests voluntarily assume all risks related to exposure to COVID-19. Winners and their guests are also responsible for understanding and complying with any COVID-19 travel restrictions set by their origination or destination cities, states or countries, including but not limited to registering for travel authorization and obtaining and displaying current COVID-19 test results, vaccine passports, COVID-19 vaccination cards, etc.
All details and other restrictions of Grand Prizes not set forth in these Official Rules will be 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. There is no transfer, 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.
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, Prize Partner and each of their respective parent companies, subsidiaries, affiliates, related companies, franchisees, local advertising cooperatives, McDonald's App and Website 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 or 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, including in any Sweepstakes 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; 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.
Important: 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 Grand Prize.
Participants waive the right to assert as a cost of winning any Grand Prize, any and all costs of verification and redemption or travel to claim said Grand Prize and any liability and publicity which might arise from claiming or seeking to claim said Grand 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.
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™ 5.0+
- iOS 10.0+ compatible with iPhone® and iPod Touch®
10. Disclaimer Of Warranties.
To the fullest extent permitted by applicable law, the Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express 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 express 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.
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 a 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 the McDonald's App, 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, pandemic, earthquake, explosion, labor dispute or strike, acts 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. Only the type and quantity of prizes described in these Official Rules will be awarded.
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 Sponsor or its parent company, subsidiaries, affiliates, related companies, franchisees, local advertising cooperatives, McDonald's App and Website developers, digital/advertising/promotion agencies, the Redemption Center or any of their respective shareholders, officers, directors, agents, representatives or employees 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. All claims solely against Prize Partner arising from or in connection with the Grand Prizes shall be governed by and construed in accordance with the internal laws of the State of Florida 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. All claims will be resolved individually without resorting to any class action pursuant to Rule 12 below.
E. Language Discrepancy:
In the event there is a discrepancy or inconsistency between the English language version and the Spanish language version of these Official Rules or any Sweepstakes materials and/or Prize Claim Documents, the English version shall prevail, govern and control.
12. Dispute Resolution.
A. Sweepstakes Entities (Excluding Prize Partner):
By participating in this Sweepstakes, each Participant agrees that:
- a. any claim, dispute or controversy (whether in contract, tort or otherwise) Participant may have against any of the Sweepstakes Entities (excluding Prize Partner) arising out of, relating to or connected in any way with the Sweepstakes, the awarding or redemption of the Grand 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 JAMS and conducted before a sole arbitrator pursuant to JAMS's Comprehensive Arbitration Rules and Procedures ("Rules and Procedures");
- b. 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;
- c. 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;
- d. 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;
- e. the arbitrator shall apply Illinois law for claims against Sponsor consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
- f. 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;
- g. 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
- h. with the exception of subpart (f) 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 (f) 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.
B. Prize Partner:
Any claim, dispute or controversy (whether in contract, tort or otherwise) Participant may have against Prize Partner arising out of, relating to or connected in any way with the use or misuse of the Grand Prizes shall be resolved individually, without resort to any form of class action, and exclusively before the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida; or, if the Circuit Court does not have jurisdiction, then before the United States District Court for the Middle District of Florida (Orlando Division); or if neither of such courts shall have jurisdiction, then before any other court sitting in Orange County, Florida, having subject matter jurisdiction; and that any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees.
13. Official Rules.
These Official Rules will be available at magicatmcd.com during the Entry Period.
14. Winners List.
For a list of Official Winners, visit magicatmcd.com/WinnersList.pdf after the Sweepstakes is over until January 31, 2022. The list will be available when the Sweepstakes is officially over, and the prizes have been verified and awarded.
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