NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

Transcription

1 McDonald's KBVO Team of the Week Competition OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. 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 COMPETITION (DEFINED BELOW) WILL BE DECIDED BY BINDING ARBITRATION (SEE RULE 8). THIS COMPETITION IS VOID WHERE PROHIBITED. 1. COMPETITION DESCRIPTION: The McDonald s Central Texas Operators Advertising Co-op CTOAC (the Sponsor ) and KBVO (the Media Sponsor ) and The Barber Shop Marketing (the Administrator ) are looking to reward high schools with a winning football team based on games played on August 27, 2015; September 3, 10, 17, 24, 2015; October 1, 8, 15, 22, 29, 2015; November 5, 2015 each ( Game Day ). that are televised by KBVO-TV. KBVO televises one (1) selected game (by KBVO-TV in their sole discretion) on each Game Day and the winning team in each KBVO-televised Game Day will receive a trophy and check for $1,000 for their Booster Club. 2. ELIGIBILITY: The Competition is open only to Austin, TX Metro area football teams scheduled for broadcast by KBVO-TV on each Game Day. Void where prohibited. 3. PRIZES/WINNER SELECTIONS/NOTIFICATIONS: One (1) Weekly Game will be televised by KBVO-TV in their sole discretion. The participating team in that Game Day that ends the game with the highest score as determined by the UIL referees will be the weekly winner of $1,000 check for that school s booster club and a trophy provided by KBVO. (In the event a Weekly Game ends in a tie, both competing schools will receive a check for $500 and a trophy). The winning Game Day schools will also be featured by KBVO in weekly promos popularizing the school s football Competition. The High School will have five (5) days from the date of notification by the Administrator to accept the prize. If the school fails to timely respond or declines the prize, the prize will go unawarded. Each potential winning school will be notified by telephone and/or or mail and such notification will occur within three (3) business days from the date of the game, and Administrator will send the potential winning school documents required by the Sponsor ( Prize Claim Documents ) that the winning school must complete and timely return to the Administrator in the envelope provided or the potential winning school will forfeit the prize. Once the required Prize Claim Documents are received, the school will receive their check and trophy at a school pep rally, in the school s sole discretion.

2 4. PRIZES/APPROXIMATE RETAIL VALUES/ODDS: Eleven (11) Game Day Prizes (One each Game Day): A trophy for the winning school s football team, special media coverage on KBVO-TV highlighting the winning team s accomplishments and a check for $1,000 for the winning school s booster club. In the event a Weekly Game ends in a tie, both competing schools will receive a check for $500 and a trophy). Winning high school are solely responsible for the reporting of any expenses in connection with the prize. not expressly described herein and for all income, federal, state or local taxes, if any. 5. GENERAL TERMS AND CONDITIONS/RELEASE OF LIABILITY: Participants agree that the Competition Entities (and any parent, subsidiary, affiliate, or franchisee of such entities: (a) shall not be responsible or liable for, and are and will be released from and indemnified for, any and all losses, damages or injuries of any kind (whether due to negligence or otherwise) to person(s), including death, and property, resulting in whole or in part, directly or indirectly, from participation in the Competition or any Competition related activity, or from Participants acceptance, receipt, of the prize; and (b) have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, and THE COMPETITION ENTITIES DISCLAIM ANY AND ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE Acceptance of a prize constitutes prize winner s permission (which shall be confirmed in writing upon the request of Sponsor) for Competition Entities to use the winning school s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising, trade, commercial and/or publicity purposes worldwide in all forms of media now known or hereafter developed, including on the Internet, at any time, in perpetuity, without further compensation (except where prohibited by law) and without notification, review or approval or further authorization. 6. TERMS AND CONDITIONS: Competition Entities, and each of their respective parents, subsidiaries, affiliates, and franchisees, shall have no responsibility for errors, failures, dropped or delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Competition Entities, and each of their respective parents, subsidiaries, affiliates, and franchisees, are not responsible for any technical Competition malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in these Official Rules, the announcement of any Game Day information or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture or loss of any information. Competition Entities, and each of their respective parents, subsidiaries, affiliates, and franchisees, are not responsible for any incorrect or inaccurate information, associated with or utilized in the Competition and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, By participating in the Competition each Participant hereby release and agree to hold harmless the Competition Entities, and each of their

3 respective parents, subsidiaries, affiliates, and franchisees 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 Competition. In the event any selected Competition is played but not televised KBVO-TV for any reason, a prize will still be awarded to the Booster Club of the winning school. In the event a selected Competition is not played due to inclement weather or any other reason, a prize will not be awarded. Competition Entities and each of their respective parents, subsidiaries, affiliates, and franchisees are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant s account/social media account to receive messages. Competition Entities and each of their respective parents, subsidiaries, affiliates and franchisees are not responsible, and may disqualify a Participant, if Participant s address, telephone, or other contact information does not work or is changed without Participant giving prior written notice to Sponsor. 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 Participant or Sponsor in connection with the Competition shall be governed by and construed in accordance with the internal laws of the state of Texas 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 laws. 8. ARBITRATION DISCLOSURE: By participating in this Competition, each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against any of the Competition Entities arising out of, relating to, or connected in any way with the Competition, the awarding or redemption of prizes, 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 ); (2) 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; (3) 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 by the 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 Competition; (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 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

4 of other persons or parties who may be similarly situated; (7) 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 (8) 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 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 (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. 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 at 9. 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 individual who is found to be tampering with the entry process or the operation of the Competition; 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 Competition, 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 Competition, in whole or in part, or modify or suspend the Competition in any way, if it determines, in its sole discretion, that the Competition is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Competition. In the event Sponsor is prevented from continuing with the Competition as contemplated herein or by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act 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, any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, or other cause not reasonably within Sponsor s control (each a Force Majeure event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Competition. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded. These Official Rules cannot be modified or

5 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. 10. PRIZE WINNERS LIST: For the name of the Winning Schools, available after 11/30/15, send a self-addressed stamped envelope to: WINNERS LIST, McDonald s School Spirit, P. O. BOX , Dallas, TX Requests must be received by date 11/30/ OFFICIAL RULES: To receive a copy of these Official Rules, send a selfaddressed stamped envelope to: KBVO/McDonald s Weekly Winners List, P. O. BOX , Dallas, TX Requests must be received by date 11/30/ SPONSOR: Central Texas Operators Advertising Co-op ( CTOAC ), 901 NE Loop 410, Ste. 826, San Antonio, TX Administrator: The Barber Shop Marketing, P. O. Box , Dallas, TX McDonald s.