McDonald’s Get Backpackin’ to School Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING. MUST BE ONSITE AND IN-PERSON TO RECEIVE AN ENTRY.
EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, INCLUDING A PUBLICITY RELEASE, AS MORE FULLY DETAILED BELOW. ANY WINNER WHO IS A MINOR MUST HAVE A PARENT OR LEGAL GUARDIAN PRESENT TO COMPLETE AND SIGN THE PUBLICITY RELEASE FORM(S).
BY PARTICIPATING, YOU 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 THE SWEEPSTAKES (DEFINED BELOW) WILL BE DECIDED BY BINDING ARBITRATION (See Rule #10).
Limit (1) one sweepstakes entry per person per location.
Entries will be drawn periodically with up to one hundred fifty (150) winners selected at each of the twenty (20) participating Detroit-area McDonald’s location as referenced above.
All entries remain eligible for the duration of the raffle period of each restaurant location. At the conclusion of the raffle at each location, entries not selected will be discarded.
Entries are valid only at the McDonald’s restaurant location where they are distributed.
- PRIZES: Limit (1) one prize per person for the duration of the entry period. Winners will receive (1) one backpack that will include a glue stick, pencil sharpener, (1) notebook, (1) pencil pouch, (1) pack of pencils, 24-count crayons and eraser, etc. The Approximate Retail Value for each prize is ($10).
- Two (2) select Detroit-area McDonald’s locations will participate in the giveaway per day from Monday, July 31 through Friday, August 4, and on Monday, August 7 and Friday, August 11, during which up to one hundred fifty (150) prizes will be raffled during the sweepstakes period (or while supplies last). Up to one hundred fifty (150) prizes will be given away at each participating McDonald’s location per day for a total of up to 3,000 backpack prizes will be raffled away for the life of the promotion.
- PUBLICITY RELEASE WAIVER: By participating in the McDonald’s Get Backpackin’ Backpackin’ to School sweepstakes you agree to allow McDonald’s and/or it’s third party entities to use your image, photo, or “likeness” which may be published in McDonald’s marketing materials, website, social media pages, promotional offers in perpetuity. By participating in the McDonald’s Get Backpackin’ to School sweepstakes, you also indemnify and waive the publicity release rights of your minor age child and/or the minor age child of whom you have legal guardianship. You understand that McDonald’s will not compensate you financially for any photo, video, audio, media file, etc. using you or your child’s image and/or likeness in any marketing, digital, print, audio material(s) indefinitely.
6. general CONDITIONS: No cash alternative or substitution of any Prize will be allowed. Each winner acknowledges and agrees that acceptance of a prize constitutes his/her permission for Sponsor or its designee to use his/her name, photograph, likeness, voice, biographical information, statement and Entry for advertising, commercial and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, notice, review or authorization, except where prohibited by law, and without notice, review, and/or approval. EACH WINNER (OR, IF A MINOR, HIS/HER PARENT OR LEGAL GUARDIAN) AGREES THAT SPONSOR, MCDONALD’S USA, LLC AND ITS PARENT COMPANIES, FRANCHISEES, AFFILIATES, SUBSIDIARIES, LOCAL CORPORATE ADVERTISING COOPERATIVES, ADVERTISING AND PROMOTIONS AGENCIES, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “SWEEPSTAKES ENTITIES”) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES, DAMAGES OR INJURIES OF ANY KIND TO PERSON, INCLUDING DEATH, OR PROPERTY, INCLUDING ARTWORK, WHETHER CAUSED BY NEGLIGENCE, BREACH OR FAILURE OF ANY REPRESENTATION OR WARRANTY (EXCLUDING ONLY THOSE WARRANTIES REQUIRED BY LAW OR EXPRESSLY MADE BY MCDONALD’S USA, LLC), OR OTHERWISE, RELATED TO WINNER’S PARTICIPATION IN THE SWEEPSTAKES, OR ANY OTHER SWEEPSTAKES-RELATED ACTIVITY, OR ACCEPTANCE, RECEIPT, POSSESSION AND/OR USE OR MISUSE OF A PRIZE.
7. LIMITATIONS OF LIABILITY: Sweepstakes Entities are not responsible for lost, late, damaged, incomplete, stolen, misdirected, non-delivered, separated or illegible Entries. Must be present to be deemed a valid sweepstakes winner and complete all winner notification and/or publicity release document(s). Entries will be considered late and therefore ineligible if the participant does not personally notify the sweepstakes administrator within a reasonable time, i.e., approximately five (5) minutes, of the drawing of the matching raffle ticket. Sweepstakes Entities are not responsible for any incorrect or inaccurate information.
8. DISQUALIFICATION/FORCE MAJEURE: It is the participant’s sole responsibility to ensure that he/she has complied with the terms and conditions contained in these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any participant who has tampered with the Entry process or the operation of the Sweepstakes; violated any of these Official Rules; or acted 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. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify or suspend the Sweepstakes in any way, if it determines, in its sole discretion, that the Sweepstakes is impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the 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, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated, in whole or in part, before the designated end date, Sponsor reserves the right to select the winner from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. No more than the type and quantity of the Prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. 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 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.
9. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between participants 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.
10. ARBITRATION: By participating in this Sweepstakes, each participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) a participant may have against the Sweepstakes Entities arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of the Prize, or the determination of the scope, enforceability or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 USC. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for participant), or at such other location as may be mutually agreed by an 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, arbitration can decide only an participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the participant and Sponsor shall be entitled to recover punitive, incidental and/or consequential damages only to the extent permitted by law; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, persons may visit the AAA Website at http://www.adr.org, or contact AAA at 1633 Broadway, 10th Floor, New York, New York 10019.
11. OFFICIAL RULES: For a copy of the Official Rules, mail a self-addressed stamped envelope (“SASE”) to: McDonald’s Get Backpackin’ to School Rules, c/o Marx Layne & Company, 31420 Northwestern Highway, Farmington Hills, MI 48334.
12. SPONSOR: SEMMOA AACM: 1021 Karl Greimel, Suite 200, Brighton, MI 48116. The Sweepstakes Administrator is: Marx Layne & Company, 31420 Northwestern Highway, Farmington Hills, MI 48334.