Mcdonalds – Win 1 of 20 $30 Vouchers
1. Share your #maccasrun
on Instagram
2. Include #maccasrun
Ensure Instagram profile is set to ‘public’
3. Be in the running to
WIN a $30 goCatch Voucher!
erms & Conditions
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Eligibility
2. Entry is only open to Australian residents aged 16 years or over who have a valid Instagram account (“Entrants”). The directors, management and employees (and their immediate families, including their children and wards, and other persons residing in their household) of the Promoter, its related entities, corporations or franchisees, printers, suppliers, providers and agencies directly associated with the conduct of this promotion are ineligible to register and participate in the promotion.
3. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the promotion and provide Personal Information about themselves. All Entries of Entrants who are under the age of 18 years and enter the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Terms and Conditions will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years). If the winner is aged under 18 years, the Prize will be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner, at the sole discretion of the Promoter.
Promotional Period
4. Promotion commences at 10:00am AEST on 1 August 2014 and ends at 11:59pm AEST on 28 August 2014 (“Promotional Period”).
5. The Promotional Period will be divided into twenty-eight (28) entry periods (each an “Entry Period”). Entry into each Entry Period will commence at 10:00am AEST and close at 9:59am AEST on the following day during the Promotional Period (except for the final Entry Period which closes at 11:59pm AEST). Non-winning entries in each Entry Period WILL rollover into subsequent Entry Period(s). Winning entries in an Entry Period WILL NOT be entered into subsequent Entry Period(s).
6. To enter, Entrants must, during the Promotional Period:
a) take (or have taken prior to the Promotional Period) an original photograph or video that demonstrates a creative interpretation of the hashtag #maccasrun (Content);
b) upload their Content during an Entry Period by undertaking the following steps:
i. access and log in to their Instagram account; and
ii. upload their Content and include the hashtag “#maccasrun” in the caption field. Only Content that contains the hashtag “#maccasrun” will be eligible for entry. Individuals must ensure that their Instagram account is set to public (not private) in order to be eligible to participate; and
c) have their entry accepted as a valid entry by the Promoter to be made available for public viewing for an unlimited period of time. An entry is not complete and accepted until this step has occurred,
(together, an Entry).
7. Entrants acknowledge and agree that their Content may be published in a gallery featured on the Promoter’s website (www.mcdonalds.com.au/maccasrunpromo) (Promotional Website) and the Promoter’s Facebook page (https://www.facebook.com/McDonaldsAU) for an unlimited period of time. The Promoter reserves the right, at any time, to refuse to publish or remove any already published Content in its sole discretion.
8. Multiple Entries are accepted however each Entry must be submitted separately, must be substantially unique and must independently comply with these Terms and Conditions. An Entrant must not submit the same Content in more than one Entry.
9. Entries must be submitted in the manner required and received by the Promoter during the Promotional Period. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries. Contact details entered incorrectly by a winning Entrant will deem an Entry invalid.
Judging
10. Daily judging will take place by 12:00pm AEST following each Entry Period at 32 Pyrmont Bridge Road, Pyrmont, Sydney 2009 NSW Australia in order to determine up to twenty (20) best entries for each Entry Period (each, a “Judging”). Each entry will be individually judged based on creativity and originality of the Content and how well the Content demonstrates the interpretation of the hashtag #maccasrun. This is a game of skill and chance plays no part in determining the winners. The number of winning entries for each Entry Period will be in the Promoter’s sole discretion but will not exceed twenty (20) winning entries.
11. The Promoter reserves the right to determine that the Content received in an Entry Period is not of a sufficient or appropriate standard when assessed against the judging criteria. Should this occur, any Prizes not awarded for the Entry Period will remain available to be won for the subsequent Entry Period(s). Any Prizes not awarded at the end of the Promotional Period will be forfeited.
12. For each Entry Period, winners will be notified via an Instagram comment on their winning Content within seventy-two (72) hours of the close of that Entry Period. Winner’s names will also be published on the Promotional Website by 3 September 2014. Winners will have five (5) business days from the time of winner notification to respond to the Promoter in order to claim their Prize. In the event a winner does not respond to the Promoter within five (5) business days, the winner will be deemed to have forfeited their Prize and the Promoter may judge additional reserve entries in order to determine a winner/s. All reasonable steps to notify the winner of the results of the Judging will be taken by the Promoter. The Promoter’s decision in relation to all aspects of this promotion is final and no correspondence will be entered into.
Prizes
13. Up to twenty (20) eligible entries in each Entry Period, as determined by the judges, will each win one (1) $30.00 goCatch voucher (“Prize”) redeemable via the goCatch application for mobile smartphones (“Application”). The Prize is subject to prevailing terms and conditions of use and must be redeemed prior to expiry on 31 July 2015. In order to redeem the Prize, the Application must be downloaded on a compatible mobile device and used in the manner required within the Application. The Prize is partially redeemable and is not replaceable or refundable if lost, stolen or damaged. If a winner uses the Prize in excess of its value, the winner will be responsible to pay for the balance exceeding the value of the Prize. Any balance that remains on the Prize after expiry will not be available for use. In order to claim their Prize, winners must send their postal address details to the Promoter by email at maccasrun@omd.com.
14. All costs which may be incurred in acceptance and use of the Prize are the responsibility of the winners and are dependent on the service provider used. Such additional costs include, but are not limited to, any costs associated with downloading, installing, accessing and using the Application, Internet connection and data plans.
15. Total of up to five hundred and sixty (560) Prizes awarded in this promotion. Total Prize pool value is up to $16,800.00. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise stated). Prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in Prize value.
Content
16. Without limiting any of the provisions of these Terms and Conditions, the Promoter requires that each Entry fully complies with these Terms and Conditions and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials (including but not limited to copyrighted material, trade mark, logo or mark that identifies a brand), unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of this promotion and/or the Entrant being subject to legal liability. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Once an Entry is submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter). Any Entry that contains content that the Promoter, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any Intellectual Property Rights or other rights of any person, corporation or entity will not be accepted as an eligible Entry into the promotion. This includes but is not limited to any Entry which the Promoter considers to be disparaging of any of its or any Prize supplier’s products and/or services or is otherwise not in keeping with the spirit of the promotion.
17. When an Entrant submits/uploads any Content, the Entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display the Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
18. Entrants agree that they are fully responsible for the Content they submit. The Promoter may remove any Content it may display in any media without notice for any reason whatsoever. Any Entries that are removed by the Promoter will not be considered eligible Entries for the purposes of this promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content and third party advertising).
19. Entrants warrant and agree that: (a) their Content is an original work of the Entrant and does not infringe the rights of any third party; (b) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (c) they will obtain prior consent from any person that appears in their Content and/or from the owner(s) of any property that appears in their Content; (d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (e) their Content shall not contain viruses or cause injury or harm to any person or entity; and (f) they will comply with these Terms and Conditions and all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
20. Each Entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of any warranty provided by the Entrant in these Terms and Conditions.
21. Each Entrant consents to the Promoter using their Entry, name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. Each Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents.
22. All right, title and interest in all Intellectual Property Rights in all of the Promoter’s brands, logos, trading names, products and/or services and the Promotional Page will remain or be vested in the Promoter. Participation in this promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s brands, logos, trading names and products and/or services.
General
23. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a Prize, and any information submitted by an Entrant in entering the promotion, before issuing a Prize (including confirming consent of an Entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an Entrant is under 18 years of age). If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s satisfaction then all the Entries of that Entrant will be ineligible and deemed invalid.
24. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an Entry which is not in accordance with these Terms and Conditions; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
25. It is a condition of accepting a Prize that a winner may be required to sign a legal release or releases in a form determined by the Promoter in its absolute discretion.
26. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promoter’s Instagram Account or the information on the Promoter’s Instagram Account, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil Laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers Loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those Losses, damages and costs.
27. If the Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize of equal or greater value will be awarded in lieu.
28. If this promotion is not capable of running as planned for any reason, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize/s to the same value as the original Prize/s.
29. Entry and continued participation in the promotion is dependent on individuals following and acting in accordance with the Instagram Terms of Use, which can be viewed at http://instagram.com/legal/terms/. Use of Facebook generally is subject to the Facebook prevailing terms and conditions of use available at www.facebook.com/policies.
30. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. Entrants understand that they are providing their information to the Promoter and not to Instagram or Facebook. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Instagram or Facebook and each of their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Instagram or Facebook.
31. The Promoter, its franchisees and associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), for any direct or indirect injury, Loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged registrations, prize claims or prizes; and/or (iv) acceptance and/or use of a Prize.
32. The Promoter is committed to helping its customers make informed decisions about their food and beverage choices. The Promoter provides healthier food and beverage options for adults and children and ensures nutritional information is easily accessible to its customers. Nutritional information is available on websites, including on the Promoter’s website (www.mcdonalds.com.au), in McDonald’s Restaurants and, wherever possible, on product packaging.
Privacy
33. The Promoter collects Personal Information about an Entrant to include the Entrant in a promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. Winners will be required to confirm their Personal Information and submit any other details requested by the Promoter (which may include their ordinary postal address in Australia, if applicable) in the manner and time required, otherwise their Prize may be forfeited. Incorrect, incomplete, erroneous or ineligible details confirmed by an Entrant at time of winner notification will deem the Entrant ineligible.
34. An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer via email: privacy@au.mcd.com or by mail at McDonald’s Australia Limited (Attention: McDonald’s Privacy Officer), PO Box 392, Pennant Hills NSW 2120 Australia. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter and is made available at https://mcdonalds.com.au/privacy-policy. These Conditions of Participation will prevail to the extent of any inconsistency between these Conditions of Participation and the Promoter’s Privacy Policy.
35. In these Terms and Conditions: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
36. Promoter: McDonald’s Australia Limited, (ABN 43 008 496 928), of 21–29 Central Avenue, Thornleigh NSW 2120. Phone: (02) 9875 6666.