McDonald’s – Crave Your Game Appstakes – Win 1 of 5 Conference Championship Game 2017 trips for 2 valued at up to $2,975
2017 “CRAVE YOUR GAME APPSTAKES” at McDonald’s® (the “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 13 years or older and a resident of the Territory (defined below) can download (free, other than normal data usage fees) to their digital device (see Rule 9 for digital device requirements). The McDonald’s App provides information including, but not limited to, nutrition information, restaurant locations and deals that can be redeemed at participating restaurants. The deals may include “free with purchase” offers, “buy one, get one” offers and/or other promotional offers or discounts (“Deals”).
The Sponsor is offering a Sweepstakes in the Territory (defined below) that begins at 12:00:00 a.m. local time on August 29, 2017, and ends at 11:59:59 p.m. local time on October 1, 2017 (the “Entry Period”). Participants automatically receive one (1) Entry into the Sweepstakes when they use their McDonald’s App to scan and purchase a Deal found in their McDonald’s App during the Entry Period. To receive one (1) entry without 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. Participants can only scan a Deal when the McDonald’s restaurant location is open for business and serving a Deal they want to redeem. AMOE is available at all times during the Entry Period. There is a limit of one Entry (defined below) 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 fifty (50) United States or District of Columbia (the “Territory”) and who are thirteen (13) years of age or older on the Day of participation. (Any eligible individual who is thirteen 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”.) Persons in any of the following categories are NOT eligible to participate in the Sweepstakes: any person who on or after March 1, 2017, 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; (d) a director or officer of Dr Pepper/Seven Up, Inc.; (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. 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 Scanning a McDonald’s App Deal: To enter, an eligible Participant 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 or 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 8.0 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 using a valid email address (if you have not done so already). You will need to enable “Location Services” in your app settings in order to obtain available Deals. You will automatically receive one (1) Entry into the Sweepstakes when you scan your McDonald’s App to purchase a Deal (including the McCafé® rewards Deal) during the Entry Period at any participating McDonald’s restaurant. All Deals are available for redemption only when the food item featured in the Deal is being served. Note: If due to any mechanical, technical or human error, a Deal can’t be scanned, 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 making a purchase, send an email to firstname.lastname@example.org 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” (Deal scan/purchase or AMOE Entry email) per Participant per Day (regardless of the number of Deals that a Participant redeems during any given Day), and a limit of one (1) prize per Participant. Participants may not share an email address with any other participant for purposes of entering the Sweepstakes.
4. DRAWINGS/ODDS OF WINNING. Five (5) 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 6, 2017, 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 each potential winner by email or push notification within the McDonald’s App within approximately two (2) business days after the random prize drawing. Potential winners that provided their email address when they registered for the McDonald’s App will be notified via email. Potential winners that did not provide an email address when they registered for the McDonald’s App will be notified via push notification, and therefore must make sure push notifications are enabled for the McDonald’s App. The potential winner must respond within two (2) business days from when the email or push notification is sent. 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 be twenty-one (21) years of age or older, 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 details of the trip. 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 any 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 (3) alternates for any prize, time permitting. The submission of Prize Claim Documents is solely the responsibility of each 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. PRIZES/ARVS. Five (5) prizes are available to be won. Each winner can select one (1) of the following 2017 Conference Championship Game trips. Each trip consists of a three (3) day, two (2) night trip for winner and one (1) guest, round-trip main cabin class air travel for winner and one (1) guest, from a major commercial airport near winner’s home (as determined by Sponsor) in the United States only, ground transportation to and from airport and hotel, two (2) night hotel accommodations (one standard, double-occupancy room) in Sponsor’s sole discretion, two (2) Welcome Gifts, two (2) pre-game party passes, and two (2) game tickets. ACC Championship Game in Charlotte, NC, Dec. 1 to Dec. 3, 2017, approximate retail value (“ARV”): $2,975; Big TEN Championship Game in Indianapolis, IN, Dec. 1 to Dec. 3, 2017, ARV: $2,675; Big 12 Championship Game in Arlington, TX, Dec. 1 to Dec. 3, 2017, ARV: $2,480; Pac-12 Championship Game in Stanford, CA, Nov. 30 to Dec. 2, 2017, ARV: $2,760; SEC Championship Game in Atlanta, GA, Dec. 1 to Dec. 3, 2017, ARV: $2,600. Total Maximum ARV of all prizes available in this Sweepstakes: $14,875, depending on the 2017 Championship Game trips selected by each winner.
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. No insurance is provided as part of the prize, and obtaining any insurance, such as but not limited to travel insurance, health, accident or medical insurance, and property loss or damage insurance is the sole responsibility of the winner and/or winner’s guest(s) (if any). 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 respective winners. 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. If any activity relating to any prize is cancelled or postponed for any reason, the balance of that prize will be awarded in full satisfaction of the prize awarded. Travel and other arrangements will be determined by Sponsor. Winner or guest must be twenty-one (21) years of age or older. If winner is a Minor, winner’s guest must be winner’s parent/legal guardian; and if winner’s guest is a Minor, guest must be winner’s child or legal ward. Air travel will be round trip (originate from and end at the same airport), coach 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. 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) prior to departure as well as fulfilling any/all travel and security requirements. Sponsor reserves the right in their respective sole discretion to designate all flight/travel particulars and route or routes (as the case may be). Failure to complete the trip portion of the prize (or any portion of the prize) does not relieve the prize winner of their tax obligations associated with winning the trip prize. Flight schedules are subject to change without notice. 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. Tickets for any game or event (if applicable) may not be transferred or sold and are subject to the additional conditions/restrictions imposed by their issuer as specified thereon. A prize winner must be available to travel on dates commensurate with their selected game. If a winner (and/or the winner’s guest[s]) is not able to participate in any portion of a travel prize, that unused portion will not be substituted for cash or any other prize. Prize winners may be required to provide a current, 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. The winner (and each guest) agrees to maintain their respective behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any prize-related activity. Winner (or his/her parent/legal guardian if winner is a Minor) understands and agrees that Sponsor has the right, in its sole discretion, to disqualify and remove a prize winner and/or any guest from the event 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 otherwise violates the policies of the Sponsor. The prize winner is solely responsible for the behavior of winner’s guests.
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 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, Dr Pepper/Seven Up, Inc., and each of their respective 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; or (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. 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 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. 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 8.0+ compatible with iPhone, iPad and iPod Touch
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.
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 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, 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. Only the type and quantity of prizes 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.
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. 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 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”); (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 participating McDonald’s restaurants and in the McDonald’s App. To receive a copy of the Official Rules by mail, mail a SASE to Redemption Center, Crave Your Game Appstakes Official Rules Request, P.O. Box 1132, Chicago, IL 60690. All requests must be postmarked by December 15, 2017, and received by December 22, 2017. 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: Crave Your Game Appstakes Winners List Request, P.O. Box 1132, Chicago, IL 60690. All requests must be postmarked by December 15, 2017, and received by December 22, 2017. 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, 2111 McDonald’s Drive, Oak Brook, IL 60523.
©2017 McDonald’s. DR PEPPER is a registered trademark of Dr Pepper/Seven Up, Inc. ©2017 Dr Pepper/Seven Up, Inc. All rights reserved.