McDonalds – #DoTennis – Win $1000 each day – Instagram & Online Entry Competition

#DOTENNIS MCDONALD’S INSTAGRAM PROMOTION

To be eligible to enter, individuals must take (or have taken prior to the Promotion Period) an original photograph that demonstrates a creative interpretation of the hashtag #dotennis

Instagram – upload their Photograph and include the hashtag “#dotennis” and mention “@McDonaldsAU” in the caption field.

Online entries: follow the prompts to the promotion entry page, input the requested details including the entrant’s full name, address including postcode, current and valid email address, telephone number, Photograph caption (at the entrant’s discretion), upload their Photograph and submit the fully completed entry form. Uploaded files must not exceed 10 MB file size.

#DOTENNIS MCDONALD’S INSTAGRAM PROMOTION
October 28, 2013 at 4:44pm

TERMS AND CONDITIONS

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.
Entry is only open to Australian residents aged 16 years or over. Entrants under 18 years old must have parental/legal guardian approval to enter and further, the parent/legal guardian of the entrant must read and consent to these Terms and Conditions. Parents/legal guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother or step-sister.
Promotion commences at 10:01am AEDST on 13/01/2014 and closes at midnight AEDST on 26/01/2014 (“Promotion Period”).
The Promotion Period will be divided into fourteen (14) entry periods (each an “Entry Period”). Entry commences and closes for each Entry Period on the dates and times specified in the table below. All times listed in the table are AEDST. Entries submitted in any Entry Period that are not selected as a winning entry for that Entry Period will rollover to the subsequent Entry Period.

Entry Period

Entries Commencement Time/Date

Entries Close Time/Date

Entries Judged

1

10:01am on 13/01/2014

Midnight on 13/01/2014

14/01/2014

2

12:01am on 14/01/2014

Midnight on 14/01/2014

15/01/2014

3

12:01am on 15/01/2014

Midnight on 15/01/2014

16/01/2014

4

12:01am on 16/01/2014

Midnight on 16/01/2014

17/01/2014

5

12:01am on 17/01/2014

Midnight on 17/01/2014

20/01/2014

6

12:01am on 18/01/2014

Midnight on 18/01/2014

20/01/2014

7

12:01am on 19/01/2014

Midnight on 19/01/2014

20/01/2014

8

12:01am on 20/01/2014

Midnight on 20/01/2014

21/01/2014

9

12:01am on 21/01/2014

Midnight on 21/01/2014

22/01/2014

10

12:01am on 22/01/2014

Midnight on 22/01/2014

23/01/2014

11

12:01am on 23/01/2014

Midnight on 23/01/2014

24/01/2014

12

12:01am on 24/01/2014

Midnight on 24/01/2014

27/01/2014

13

12:01am on 25/01/2014

Midnight on 25/01/2014

27/01/2014

14

12:01am on 26/01/2014

Midnight on 26/01/2014

27/01/2014

6. To be eligible to enter, individuals must take (or have taken prior to the Promotion Period) an original photograph that demonstrates a creative interpretation of the hashtag #dotennis (Photograph) and submit their Photograph in accordance with either clause 7 or 8 of these Terms and Conditions.

7. Instagram entries: To enter via Instagram, individuals must have a valid Instagram account. Individuals must upload their Photograph during the Promotion Period by undertaking the following steps:

a) access and log into their Instagram account.

b) upload their Photograph and include the hashtag “#dotennis” and mention “@McDonaldsAU” in the caption field. Only Photographs that contain the hashtag “#dotennis”” and mention “@McDonaldsAU” 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.

8. Online entries: To enter online, individuals must log onto www.yahoo7.com.au/dotennis (Website), follow the prompts to the promotion entry page, input the requested details including the entrant’s full name, address including postcode, current and valid email address, telephone number, Photograph caption (at the entrant’s discretion), upload their Photograph and submit the fully completed entry form. Uploaded files must not exceed 10 MB file size

9. By submitting/uploading a Photograph, entrants acknowledge and warrant to the Promoter and the Website Owner (as defined below) that each Photograph is an original work of the entrant that does not infringe the rights of any third party. Each Photograph must comply with these Terms and Conditions. Photographs that contain prohibited or inappropriate content, or that are otherwise in breach of these Terms and Conditions, as determined by the Promoter, will be deemed invalid and any entrant that submits such a Photograph will not be eligible to win. All Photographs submitted are subject to clauses 20 and 21.

10. If the entrant has had friends or any other third party appear in or help with the development of their Photograph, they warrant that: (a) they have obtained the consent of each friend/third party to enter the Photograph in the promotion and for it to be used in accordance with these Terms and Conditions, and grant the same rights with respect of the use of the Photograph as the entrant does under these Terms and Conditions; (b) the friend(s)/third parties in the Photograph are all aged 16 years or over; and (c) they will upon request of the Promoter obtain a legal release and indemnity from the friend(s)/third parties who helped with or appeared in their Photograph in a form determined by the Promoter.

11. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

12. Incomplete, indecipherable or illegible entries will be deemed invalid.

13. Multiple entries permitted, subject to the following: (a) each Photograph must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.

14. 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.

15. Daily judging will take place on the dates specified in the above table. If winners have entered this promotion via Instagram they will be notified via an Instagram comment on their winning Photograph and on the “dotennis” Instagram feed. If winners have entered this promotion via the Website, they will be notified by telephone in the first instance, and by email if they are not contactable by telephone. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on creativity and originality of the Photograph and how well the Photograph demonstrates the interpretation of the hashtag #dotennis. 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. The Promoter’s decision in relation to all aspects of this promotion is final and no correspondence will be entered into.

16. Subject to clause 17, the best daily entry, as determined by the judges, will each win $1,000.00 awarded in the form of a cheque issued to the winner’s nominated postal address. In the case of winners who have entered this promotion via Instagram, in order to claim their prize, the winner must send their postal address details to the Promoter by email at maccasdotennis@omd.com. In the case of winners who have entered this promotion via the Website, their cheque will be mailed to the address provided in their online entry form.

17. If a winner of a prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or legal guardian.

18. If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.

19. Total prize pool value is $14,000.00. Prizes are not transferable or exchangeable.

20. When an entrant submits/uploads any material in connection with the promotion, including a Photograph (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, Website Owner (as defined below) their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such 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.

21. Entrants agree that they are fully responsible for the Content they submit. The Promoter and/or Website Owner (as defined below) may remove any Content it may display in any media without notice for any reason whatsoever. Neither the Promoter nor Yahoo!7 and its affiliates (Website Owner) shall be liable in any way for such Content to the full extent permitted by law. Entrants warrant and agree that: (a) 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; (b) 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; (c) 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; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with 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.

22. Entrants agree to indemnify the Promoter and Website Owner against all costs and claims by third parties arising from a breach of any warranty provided by them in these Terms and Conditions.

23. Entrants consent to the Promoter and/or Website Owner using their Photograph, name (including their Instagram name), the location (city/state/territory) in which they reside or postcode, likeness, image and/or voice (including photograph, film and/or recording of the same), whether or not they are a winner, 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 or the Website Owner.

24. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

25. Any cost associated with accessing Instagram or the Website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

26. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Website Owner (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

27. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Website Owner (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s or Website Owner’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or Website Owner) due to any reason beyond the reasonable control of the Promoter or Website Owner; (d) any tax liability incurred by a winner or entrant; or (e) use/redemption of a prize.

28. As a condition of accepting a prize, each winner (or their parent/legal guardian in the event they are under the age of 18 years) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

29. In respect of entries submitted via the Website, Website Owner, on behalf of the Promoter, collects the entrant’s personal information, for the purpose of conducting this promotion. In respect of all other entries, the Promoter collects personal information in order to conduct the promotion. In respect of all personal information collected by or on behalf of Promoter in connection with this promotion, Promoter may, for the purpose of conducting the promotion, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.

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. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram or Facebook. Instagram and/or Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

31. 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/.

32. The Promoter is McDonald’s Australia Ltd (ABN 43 008 496 928) of 21 – 29 Central Avenue, Thornleigh, NSW 2120.