No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning. Refer to 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 Saweetstakes will be decided by binding arbitration (found in Rule 12).
1. Saweetstakes Description.
McDonald’s USA, LLC (the “Sponsor”) is celebrating the limited availability Saweetie Meal with the Saweetstakes at McDonald’s (“Saweetstakes”). Customers can enter the Saweetstakes by purchasing a Saweetie Meal using Mobile Order & Pay (described below) in their McDonald’s App (described below) beginning on August 9, 2021, at 12:00:00 a.m. local time and ending on September 6, 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 on August 9, 2021, at 12:00:00 a.m. Eastern Time (“ET”) and ending on September 7, 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”).
Refer to Rule 3 below for all the purchase entry and AMOE details.
Saweetstakes entry is available to anyone who is 16 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 Saweetie Meal orders placed by eligible participants through this Mobile Order & Pay feature during the App Entry Period will earn an entry into the Saweetstakes. (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 Saweetie Meals purchased or the method of entry. Void where prohibited. The Saweetstakes 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 Saweetstakes. 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 September 6th and 5:59:59 a.m. ET on September 7th will be recorded as received on September 6th and will be subject to the one-per-Day entry limit for September 6th.
2. Who Is Eligible To Enter/Win. The Saweetstakes is open only to individuals who are residents of the Territory and who are 16 years of age or older on the Day of participation. (Any eligible individual who is 16 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 Saweetstakes with the permission of their parent/legal guardian. Persons in any of the following categories are not eligible to participate in the Saweetstakes: any person who on or after February 1, 2021, was or is:
An eligible individual who attempts to enter the Saweetstakes 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 Saweetstakes.
How to Get/Use the McDonald’s App: To enter the Saweetstakes 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 (for iOS) or Google Play (for 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 “Career, 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 potential winner will be notified via email or push message. Agreeing to receive push messages from the McDonald’s App is not required, but please consider doing so, so Sponsor has more than one way to contact you if you are a potential winner.
There are two ways to enter the Saweetstakes:
A. During the App Entry Period, Use the McDonald’s App to purchase a Saweetie Meal using Mobile Order & Pay:
An eligible Participant will automatically receive one entry (each an “Entry”) into the Saweetstakes when they use Mobile Order & Pay to purchase a Saweetie Meal (standard or large), from any participating McDonald’s restaurant when the Saweetie Meal is being served. 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, email address, confirming your 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 Saweetstakes. 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 September 7th at 5:59:59 a.m. ET. Entries received on September 7th will all be treated as though they were received on September 6th 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 or type of Saweetie 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 Saweetstakes.
4. Drawing/Odds of Winning.
One potential winner will be selected from among all eligible Entries received for the entire Entry Period, in a random prize drawing on or about September 21, 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.
5. Winner Notification.
Sponsor or Sponsor’s redemption center (the “Redemption Center”) will notify the potential winner by email and/or push notification (if enabled in Participant’s McDonald’s App preferences) within the McDonald’s App within approximately two business days after the random prize drawing. The potential winner must respond within five business days of receipt of email or push notification 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 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 five business 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 his/her 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 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 the potential winner, or if it is discovered that a potential 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 potential winner has registered for the Saweetstakes 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, 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. 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).
Saweetie Show Tickets & Trip Prize With Bag:
One winner and one friend will receive a trip prize consisting of travel to Las Vegas, Nevada, to attend the Day N Vegas music festival currently scheduled for November 12 to 14, 2021, to attend a Saweetie performance. Trip prize consists solely of round-trip, economy-class air travel for winner and one guest on or around November 11 to 15, 2021, originating at the major domestic airport nearest winner’s home in the U.S. to Las Vegas, NV, four nights’ accommodations (one standard, double occupancy room), round-trip ground transportation between airport/hotel, two 3-day VIP admission tickets to Day N Vegas and a total of $1,000 that winner can use for meals, ground transportation and/or spending money. Winner will also receive two custom McDonald’s branded Brandon Blackwood bags, one for winner and one for the guest or someone special (ARV: $250/ea.); and a check for $2,750 that winner can use for taxes or in their sole discretion. ARV of the entire Prize is: $9,175. Prize is subject to Terms in Rule 7. If winner is unable to travel on dates commensurate with the Day N Vegas event, winner will receive the two custom McDonald’s branded Brandon Blackwood bags and a check for $8,675 in lieu of the trip, in full satisfaction of the prize.
One Prize; Total ARV of Prize: $9,175.
7. Additional Prize/Entry Conditions/Restrictions
A. Prize Terms:
All details and other restrictions of prize 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 Saweetstakes will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Saweetstakes 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. Except as specifically set forth in Rule 6 above, 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 for any reason, including if a prize is not available. 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. Sponsor makes no representation that the money awarded as part of the prize that is intended to offset tax liability associated with the prize ARV will be sufficient to cover the winner’s tax liability, if any. 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.
B. Trip Terms:
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 prize description are the sole responsibility of the prize winner. 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). Travel and other arrangements will be determined by Sponsor (where applicable). 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), from and to an airport selected by Sponsor. Travel must be booked no less than two weeks prior to travel. Once issued, tickets 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 health and security requirements that may be required for travel or attendance at prize activities (including but not limited to any COVID testing/vaccination or other health requirements necessary to visit or return to certain destinations or attend the Day N Vegas festival). Saweetstakes Entities (defined in Rule 8) will have no liability to winner or guest for failure to comply with the foregoing requirements, if applicable. Sponsor reserves the right in its 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. In the event a winner lives within one hundred (100) miles of the destination for his/her prize, air travel will not be included in the trip prize and any such winner will be compensated a total of five hundred dollars ($500), in lieu of air travel, for any alternate travel expenses arranged by winner. No Released Parties will be liable for any missed opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. A prize winner must be available to travel on dates approved by Sponsor. If a winner (and/or the winner’s guest) 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, except as specifically set forth in Rule 6 above. Prize winner 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. Restrictions and/or blackout dates may apply to some trip prizes. Once a guest is determined, that guest cannot be changed without the express consent of Sponsor, which may be withheld for any reason. Winner and guest each agree to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any prize-related activity. Prize winner understands and agrees that Sponsor has the right, in its sole discretion, to disqualify and remove a 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 otherwise violates the policies of the Sponsor. The prize winner is solely responsible for the behavior of winner’s guest. If any activity relating to any prize is cancelled or postponed for any reason, the balance of that prize as determined in Sponsor’s sole discretion will be awarded in full satisfaction of the prize awarded.
C. 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 Saweetstakes. Any person attempting to forge Prize Claim Documents or defraud Sponsor or any of the Saweetstakes Entities (defined below) in any way in connection with this Saweetstakes 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 of an email address is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. Winner may be required to show proof of being the registered account holder.
8. General Release And Conditions Of Participation.
Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents and are advised to obtain insurance where appropriate. Sponsor, the Redemption Center and each of their respective parent companies, subsidiaries, affiliates, franchisees, local advertising cooperatives and McDonald’s App developers, digital/advertising/promotion agencies, and all of their respective shareholders, officers, directors, agents, representatives and employees (individually and collectively “Saweetstakes 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 Saweetstakes-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 Saweetstakes or claiming a Saweetstakes 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 Saweetstakes;
d. miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, Digital Device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower or ISP or wireless carriers;
e. any technical malfunctions, failures or difficulties, printing errors, clerical, typographical or other errors in any Saweetstakes 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 Saweetstakes, 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 Saweetstakes, each Participant hereby releases and agrees to indemnify and hold the Saweetstakes 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 Saweetstakes or any Saweetstakes-related activity or the receipt, use or misuse of any prize, including, without limitation, air travel or other public transportation and attendance at large gatherings.
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 Saweetstakes, each verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of their name, voice and likeness, along with their 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 Saweetstakes and other promotions without further compensation (except where prohibited by law), and releases the Saweetstakes 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 Saweetstakes 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 Saweetstakes. Sponsor is not responsible for any browser or device supporting issues.
McDonald’s App System Requirements:
iOS 10.0+ compatible with iPhone® and iPod Touch®
10. Disclaimer Of Warranties. To the fullest extent permitted by applicable law, the Saweetstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize in connection with the Saweetstakes. 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 Saweetstakes 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 Saweetstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Saweetstakes. 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 Saweetstakes; 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 Saweetstakes, 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 Saweetstakes, in whole or in part, or modify, suspend or extend the Saweetstakes or Saweetstakes materials in any way, if it determines, in its sole discretion, that the McDonald’s App, any Saweetstakes materials and/or Prize Claim Documents reflect printing, production or other errors, or if it determines, in its sole discretion, that the Saweetstakes 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 Saweetstakes. In the event Sponsor is prevented from continuing with the Saweetstakes 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 Saweetstakes. 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 the Saweetstakes Entities in connection with the Saweetstakes 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 Saweetstakes materials and/or Prize Claim Documents, the English version shall prevail, govern and control.
By participating in this Saweetstakes, each Participant agrees that:
a. any claim, dispute or controversy (whether in contract, tort or otherwise) Participant may have against any of the Saweetstakes Entities arising out of, relating to or connected in any way with the Saweetstakes, the awarding or redemption of the prize, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator pursuant to JAMS’s Comprehensive Arbitration Rules and Procedures (“Rules and Procedures”);
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 Saweetstakes;
e. the arbitrator shall apply Illinois law 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.
13. Official Rules.
These Official Rules will be available at McDonaldsSaweetstakes.com/rules during the Entry Period.
14. Winners List.
To find out who won, here by January 30, 2022. The list will be available when the Saweetstakes is officially over, and the prize has been verified and awarded.
McDonald’s USA, LLC, 110 N. Carpenter St., Chicago, IL 60607-2101.