1. ELIGIBILITY: The McDonald’s® Instagram “Games” Contest is a series of two (2) individual contests (each, a “contest” and collectively, the "Contest"). The first contest is scheduled to begin on or about December 19, 2016 at 9:00 A.M. Pacific Time (“PT”) and end at 11:59:59 P.M. PT on the same day, and the second contest is scheduled to begin on or about December 22, 2016 at 12:00 A.M. Pacific Time and end at 11:59:59 P.M. PT on the same day (collectively, the "Promotion Period") and is open only to residents of Canada, excluding the Province of Quebec, who have reached the age of thirteen at the beginning of the Promotion Period (each eligible person, an “entrant”) except for: (a) persons who, at the beginning of the Promotion Period, are or become directors, officers, employees, representatives or agents of Sponsor or the Contest Administrator (as those terms are defined below), or of any of Sponsor’s or the Contest Administrator’s respective parent companies, subsidiaries, affiliates, franchisees, local corporate or non-corporate advertising cooperatives, advertising, promotion and public relations agencies, service agencies or independent contractors; (b) individuals engaged in the development, production, distribution or supply of materials or prizes for the Contest; and (c) persons who are or purport to be an immediate family member (defined as spouse, dependent for federal income tax purposes, or step-, adoptive, foster, custodial or natural mother, father, sister, brother, daughter or son) of any person in any of the preceding categories, regardless of where they live, and any persons who reside in the same household, whether related or not, as any person in any of the preceding categories.
If a prize winner is a minor in his/her Province/territory of residence, the applicable prize will be awarded in the name of that prize winner’s parent/legal guardian, who must execute any required documents and must agree to all obligations and undertakings of a potential winner and, if applicable, of a verified prize winner, both on behalf of himself/herself and the minor, or the prize will be forfeited in its entirety and will not be awarded in the Contest.
NOTE: In order to win a prize, a potential prize winner must be an eligible person, must correctly answer a skill-testing question without any electronic, mechanical or other assistance, and must have complied and continue to comply in full and in all respects with these Official Rules. No prize will be awarded to an eligible entrant in respect of any entry which does not comply in full with the provisions of these Official Rules.
Each entrant who participates in the Contest (and his/her parent/legal guardian on his/her behalf if the entrant is a minor) fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of McDonald’s Restaurants of Canada Limited (“Sponsor”) and Tribal DDB, a division of Omnicom Canada Corp. (the “Contest Administrator”), which shall be final and binding in all respects. Contest is subject to all applicable federal, provincial and local laws. Instagram’s computer servers shall serve as the official clock for all purposes of this Contest.
2. HOW TO ENTER:
(a) How to Enter: To enter each contest, an entrant must (i) follow or be a current follower of Sponsor’s English Instagram account (McDonald’s Canada); (ii) ensure his/her Instagram account is public; and (iii) respond to the comment request posted by Sponsor on Sponsor’s English Instagram account (McDonald’s Canada) in the comment section during each Contest Period (“entry”) to be automatically entered into a random prize drawing, as described in Rule 3 below, for a chance to win a prize. Limit one (1) entry per eligible person per contest.
(b) Content Restrictions: By submitting an entry, each entrant agrees that his/her entry and the content on his/her Instagram account, as applicable, conforms to the Content Restrictions as defined below (collectively, the “Content Restrictions”) and that Sponsor and/or the Contest Administrator, in their sole discretion, may remove an entry and disqualify an entrant from the Contest if they believe, in their sole discretion, that the entry or the entrant’s Instagram account, as applicable, fails to conform to the Content Restrictions, or violates any provision of these Official Rules in any way.
1. Content cannot be sexually explicit or suggestive, profane or pornographic, or contain nudity.
2. Content cannot be derogatory or promote bigotry, racism, violence, hatred or harm against any group or individual, or promote any form of discrimination whatsoever (including, but not limited to, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age).
3. Content cannot promote alcohol, drugs (illegal or otherwise), tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
4. Content cannot be inappropriate, indecent, obscene, offensive, hateful, tortuous, defamatory, slanderous or libelous, or endorse any form of hate or hate group.
5. Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies.
6. Entry cannot feature or otherwise mention competitors of Sponsor.
7. Entry cannot contain trademarks, logos or trade dress owned by others (other than Sponsor), or advertise or promote any brand or product of any kind (other than Sponsor’s).
8. Entry cannot contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses.
9. Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
10. Content cannot depict, and cannot itself, be in violation of any law.
11. Entry cannot contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
FOR ALL ENTRIES INTO THE CONTEST: By submitting an entry, each entrant hereby represents and warrants that his/her entry and the content on his/her Instagram account conforms to the Content Restrictions and complies with the provisions of these Official Rules.
ENTRIES AND CONTENT ON AN ENTRANT’S INSTAGRAM ACCOUNT ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.
3. CONTEST SCHEDULE, WINNER SELECTION AND WINNER NOTIFICATION:
A. Individual Contests: There are two (2) individual contests during the Promotion Period. The first contest will be conducted on December 19, 2016 and the second contest will be conducted on December 22, 2016. For each contest, three (3) eligible winners will be randomly selected in a random prize drawing from among all eligible entries received between 12:00 A.M. PT and on or before 11:59:59 P.M. PT on each contest date (each, a “Contest Period”).
The random drawing for each contest will take place at approximately 10:00 A.M. ET on the day following the applicable entry deadline date for each contest at the office of the Contest Administrator located at 33 Bloor St. East, Suite 1700, Toronto, Ontario. After the applicable entry deadline date for each contest, all entries submitted by eligible entrants for each contest during each Contest Period will be automatically entered into a random prize drawing. Three (3) eligible prize winners will be selected at random from among all eligible entries received during the applicable Contest Period for each contest. Limit one (1) prize per person in each contest run during the Promotion Period, i.e. an eligible entrant who has won a prize in the first contest will be eligible to win another prize in the second contest during the Promotion Period. All entries that are not selected during the first contest will not be automatically entered to win a prize in the second contest during the Promotion Period; eligible entrants who wish to win a prize in the second contest must fulfill the entry requirements set out in Rule 2 above for the second contest in order to be entered into the second contest for a chance to win a prize in that contest. See Rule 4 below for prize descriptions.
B. Skill-Testing Question: For an eligible entrant to be declared a winner of a prize, the entrant must correctly answer a skill-testing question, without electronic, mechanical or other assistance of any kind, to be administered by Sponsor and/or the Contest Administrator. If the potential winner does not provide the correct answer to the skill-testing question, that entry will be void and Sponsor and/or the Contest Administrator will draw a replacement entry from among all remaining eligible entries received for the applicable contest during the applicable Contest Period.
C. Other Drawing Information/Conditions:
Potential winners will be notified by the Contest Administrator by Direct Message on Instagram within approximately forty-eight (48) hours following the applicable drawing that he/she is the potential winner of a prize. Each potential winner will be asked to respond to the Direct Message and provide his/her e-mail address within forty-eight (48) hours of delivery. The Contest Administrator will send the potential winner by e-mail (the “notification e-mail”) a skill-testing question which the potential prize winner must answer without any electronic, mechanical or other assistance. Potential winners may also be required as a condition of winning a prize, at the sole discretion of Sponsor, to complete and accept the terms of an Affidavit of Eligibility/Liability Release (the “Declaration and Release”), which will be sent to a potential winner in the notification e-mail together with the skill-testing question if so required. If required, the potential winner must return the original completed and signed Declaration and Release to the Contest Administrator in the manner and for receipt by the Contest Administrator within the time specified in the notification e-mail. The Contest Administrator will verify that the potential winner has correctly answered the skill-testing question, and, if required, that the Declaration and Release has been completed satisfactorily (including, if the eligible winner is a minor, that the Declaration and Release has been executed by his/her parent or legal guardian). If this/those requirement(s) has/have been met, the Contest Administrator will declare that the potential winner is in fact the winner of the prize.
If the potential prize winner does not respond to the notification e-mail by the required time, has not correctly answered the skill-testing question, does not return (if required) the original signed Declaration and Release to the Contest Administrator, or fails to do so for receipt by the Contest Administrator by the required time, or in any other manner has not complied with these Official Rules, the Contest Administrator will declare the potential winner to be disqualified from the applicable contest and to be ineligible to receive the prize in the applicable contest for which he/she was eligible, and the disqualified potential prize winner then will have no claim against Sponsor or any of the Releasees (as defined in Rule 5) in respect of the applicable contest or the prize which he/she might otherwise have won. In such event, an alternate prize winner will be selected from among all remaining eligible entries received for the applicable contest during the applicable Contest Period until such time as the applicable prize is awarded.
4. PRIZE INFORMATION / APPROXIMATE RETAIL VALUE / ODDS OF WINNING
There are a total of six (6) prizes available to be won in the Contest, three (3) prizes in each of the two (2) contests. Each prize consists of one (1) $100 McDonald’s Card. Use of the McDonald’s Card is subject to terms and conditions on the back of the card and on www.mcdonalds.ca. Approximate Retail Value (“ARV”) of each prize is CAD$100.00. Limit one (1) prize per person per contest during the Promotion Period, i.e. an eligible entrant who has won a prize in the first contest will be eligible to win another prize in the second contest during the Promotion Period.
Odds of winning a prize will depend on the number of eligible entries received in the applicable contest prior to the end of the applicable Contest Period.
5. PRIZE RESTRICTIONS / PRIZE CONDITIONS:
(a) Winner is solely responsible for all federal, provincial, and/or local income taxes, sales tax, gift taxes, surcharges, service charges, processing and handling fees, and all other costs or expenses incurred in claiming a prize. Prize transfers are not allowed, except with the express consent of Sponsor (which may be withheld for any reason). Prize must be accepted as awarded and no substitutions, exchange, or conversion to cash will be made (except that, if for any reason a prize is not available, Sponsor, at its sole option may substitute a prize having an approximate retail value of no less than the approximate retail value of the prize).
(b) Subject to the provisions of these Official Rules, only the number of prizes described in Rule 4 above will be available to be awarded in this Contest and in no event shall more than that number of each kind of prize be awarded. Any refusal by a prize winner to accept a prize, as awarded and in its entirety, hereby releases and forever discharges Sponsor and the Releasees (as defined in Rule 5) from all obligations to the prize winner related to the prize, including delivery of same, and the prize will not be awarded in the Contest.
(c) By participating in the Contest, each potential winner releases and agrees to indemnify and hold harmless Sponsor, the Contest Administrator, Instagram, and each of those entities’ respective parent companies, subsidiaries, affiliates, franchisees, successors, assigns, local corporate and non-corporate advertising cooperatives, advertising, promotion and public relations agencies, service agencies and independent contractors, and all of those entities’ respective directors, officers, employees, representatives and agents (collectively, the “Releasees”) from and against any and all liability for any and all costs, injuries, losses or damages of any kind, including, without limitation, death and injury and property loss or damage, due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest-related activity, or due or related to the acceptance, receipt, use or misuse of the whole or any part of any prize or prize-related activity, or the use by Sponsor or its designees of any entry or component thereof. The potential winner waives the right to assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and any claim respecting liability and publicity which might arise from redeeming or seeking to redeem that prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ON THE PART OF SPONSOR, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
(d) By participating in the Contest, each potential winner agrees to the use (but not the obligation to use) by Sponsor of his/her name, photograph, voice, biographical information and image, along with (or without) his/her address (town/city and Province/territory) and to the use (but not the obligation to use) by Sponsor of any statements made by or attributed to him/her in or in connection with the Contest, or the prize, or both, in any and all media (including, without limitation, print, broadcast and Internet) now known or hereafter devised, worldwide, in perpetuity, in any language and throughout the universe for advertising, promotional, publicity or any other purposes as determined by Sponsor, in its sole discretion, in connection with the Contest and in other promotions conducted by Sponsor, or its parent, subsidiaries or affiliates, without further compensation, notice, approval or authorization, and hereby releases Sponsor and its parent company, subsidiaries, affiliates, franchisees, successors, assigns, local corporate and non-corporate advertising cooperatives, advertising, promotion and public relations agencies, service agencies and independent contractors, and all of those entities’ respective directors, officers, employees, representatives and agents, from any claims or liability arising out of or with respect to such use, if any.
(e) The Contest Administrator is not obliged to engage in any individual contact, or correspondence, with any person, except with the potential winner of the prize.
6. GENERAL CONDITIONS:
(a) All decisions of Sponsor and the Contest Administrator concerning any matter involved in the Contest are final and binding in all respects, and all eligible persons who enter the Contest agree to abide by all of the instructions and decisions of Sponsor and the Contest Administrator. In the event of any dispute regarding the interpretation of any provision of these Official Rules, the decision or interpretation of Sponsor in that regard shall be final and binding upon all persons who enter the Contest.
(b) All entries recorded in the Contest for any person are subject to verification by Sponsor and/or the Contest Administrator. Any entry or Declaration and Release (if required), which, for any reason, is incomplete, altered, or contains false or misleading information is invalid and the person who submits such entry or document will be disqualified for the applicable prize in the Contest. A potential winner must allow approximately 2-4 weeks following receipt by the Contest Administrator of the potential winner’s answer to the skill-testing question, and, if required, of the Declaration and Release, for verification by the Contest Administrator of all matters relevant to that potential winner’s entry and Declaration and Release (if required) and for delivery of the prize.
(d) Releasees are not responsible for lost, late, incomplete, illegible, damaged, inaccurate, stolen, delayed, misdirected, failed or undelivered entries, Direct Messages, e-mails, or other transmissions; or entries that contain an incorrect answer to the skill-testing question; or for lost, interrupted, failed, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, telephone or cable transmissions, lines or other connections; or hardware or software malfunctions on computers or other electronic devices, or other technical failures or difficulties; or for transactions processed late or incorrectly due to computer or electronic malfunction; for the failure, interruption or delay of any entry or e-mail or Direct Message or Declaration and Release or mail or courier delivery or other communication to be received, delivered or sent in connection with the Contest, for the security or privacy of information transmitted via computer/electronic device networks; or for any breaches of privacy due to interference by third party computer “hackers”, or other errors, difficulties, interventions, malfunctions, incompatibility, misconnection or miscommunication of any kind, whether human, virus, bug, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, or in any Contest-related materials. Except where prohibited by law, none of the Releasees are responsible for any incomplete, incorrect or inaccurate information, whether caused by Instagram website users, any equipment or programming associated with or utilized in the Contest, or by tampering or hacking (including the Instagram website). None of the Releasees are responsible for injury or damage to any person's computer or other electronic device related to or resulting from participating in this Contest or from use of the Instagram website (including but not limited to the corruption/loss/destruction of any information/data stored therein).
7. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrant or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. All eligible persons, Sponsor, the Contest Administrator, and all other parties hereby attorn to the jurisdiction of the courts of the Province of Ontario, sitting in the City of Toronto, Ontario, in respect of the determination of any matter or dispute arising under or in respect of the Contest or these Official Rules and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario.
8. LANGUAGE DISCREPANCY: In the event there is a discrepancy or inconsistency between the English language version and any other language version of these Official Rules or any Contest materials, the English version shall prevail, govern and control. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
9. DISQUALIFICATION/FORCE MAJEURE: It is the entrant’s responsibility to ensure that he/she has complied with the conditions contained in these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or interfering with the operation of the Contest, or with the enforcement or functioning of these Official Rules; 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, undermine or corrupt the fair and proper administration, security or the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law, which may include banning or disqualifying persons from entering the Contest and any future contests conducted by Sponsor. A potential winner may be required to provide Sponsor and/or the Contest Administrator with proof that the potential winner is the authorized account holder of an e-mail address or an Instagram account. The authorized account subscriber is the natural person who is assigned the account by Instagram. An authorized account holder of an e-mail address is the individual assigned to the e-mail address for the domain by an internet service provider, online service provider, wireless carrier or other organization (e.g. business, educational institute, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute regarding who submitted an entry, the authorized subscriber of the Instagram account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. No illegible, incomplete, forged, software generated or other automated entries will be accepted. Entries made by any other individual or any entity, and/or originating at any other mechanism, including but not limited to commercial contest subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Subject to any governmental approval which may be required, Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or cancel, modify, amend, suspend or reinstate the Contest in any way, with no obligation or liability, subject to applicable law, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions, viruses, bugs or any other cause or any nature which is beyond the reasonable control of Sponsor have destroyed, severely undermined, or adversely affected the security, integrity, feasibility and/or proper administration of the Contest. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, or any federal, provincial or local government law, order, or regulation, or order of any court or jurisdiction, then Sponsor shall have the right to modify, amend, extend, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will select winners in a random drawing from all eligible, non-suspect entries received in the applicable contest as of the date of the event giving rise to the termination. Sponsor will have no liability whatsoever if, for any reason, the Contest is not capable of running as planned or for any loss or damage incurred by any person as a result of participation in the Contest or related to or resulting from any material related to this Contest, or any other matter, occurrence, act or omission arising in respect of the Contest.