Halloween Ghost Count Promotion Terms and Conditions
These are the rules for the Halloween Ghost Count Promotion (the “Promotion”) (“Rules”):
1. Promoter: The Promotion is promoted by McDonald's Restaurants Limited, 11-59 High Road, East Finchley, London, N2 8AW (“McDonald’s”) and is subject to these Rules. By participating in the Promotion, each entrant agrees to be bound by these Rules.
2. Eligibility: This Promotion is open to UK (England, Scotland, Wales and Northern Ireland) residents aged 18 or over, except for anyone directly connected with the planning or administration of the Promotion, employees of McDonald's, McDonald's franchisees and employees of McDonald's franchisees. Internet access and an Instagram account are required for entry.
3. Promotional Period: The Promotion opens at 10:00 on Monday 24th October 2022 and closes at 23:59 on Monday 31st October 2022 (the "Closing Date"). Entries received after the Closing Date will be void.
4. How to enter: To enter the Promotion, you must:
a) Count the number of ghosts floating on the @mcdonaldsUK promotional Halloween Instagram post and comment underneath that post with the number of ghosts you have counted.
b) Follow @mcdonaldsUK on Instagram.
5. Entry restrictions:
a) Only 1 entry per Instagram account permitted. If you enter more than once from your Instagram account, your first entry will be accepted and all others will be disqualified.
b) Entries posted on Instagram stories are not eligible for entry. Entries posted anywhere other than under the @mcdonaldsUK promotional Instagram post will not be eligible for entry.
6. During the Promotional Period, some entries might be shared by the Promoter, or @mcdonaldsUK may comment on your entry. This does not mean that you are a winner, neither does it increase your chances of winning.
7. Any entries that the Promoter considers (in its absolute discretion) to be in breach of government COVID-19 guidelines/restrictions, political, dangerous, profane, suggestive, vulgar, offensive, indecent, illegal, racist, copied, offensive (including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group) cruel or fraudulent, or infringe on the rights or copyright of others will be immediately disqualified.
8. The Promoter will not tolerate anyone who posts or is seen to be posting comments as part of this Promotion that the Promoter believes are bullying, spiteful or upsetting to other entrants and followers of @mcdonaldsUK or directly aimed at McDonald’s. Anyone acting in this way will be disqualified from the Promotion without notice.
9. Proof of sending will not be accepted as proof of delivery or receipt of entry. Incomplete, illegal, misdirected or late entries will not be accepted. The Promoter takes no responsibility for entries that are delayed, incomplete or lost due to technical reasons or otherwise.
10. No third party or bulk entries. Entries via third parties, consumer groups or syndicates, entries by macros or other automated means and entries which do not satisfy the requirements of these Rules in full will be disqualified. If it becomes apparent in the reasonable opinion of the Promoter that either a participant or household is using any means to circumvent this condition such as, and without limitation, fraudulently falsifying data; using multiple Instagram accounts; acting fraudulently or dishonestly in the reasonable opinion of the Promoter; using identities other than their own; creating fake identities or using any other automated or manual means in order to increase that participant's or a household’s entries or otherwise acting in violation of these Rules, these participants and their household will be disqualified, and any prize entitlement will be void.
11. Winner Selection: There will be 5 winners in total. All valid entries received by the Closing Date will be placed into one random prize draw conducted by an independent third-party within 14 days of the Closing Date. The winners will be the first 5 entries randomly selected that have commented with the correct number of ghosts.
12. Prize Fund:
a) There are 5 prizes in total. Each prize is an Apple iPad 10.2-inch Wi-Fi 64GB and a £30 cinema gift card (from a choice of 3 cinemas). Use of the cinema gift card is subject to the applicable third party provider’s terms and conditions.
b) There is no cash alternative (in whole or in part) to any prize and prize must be accepted by the named winners. A prize cannot be transferred to anyone else.
c) The Promoter reserves the right to provide an alternative prize of equal or greater value should circumstances outside its control make this necessary.
d) Maximum of 1 prize per household.
13. Winner Notification and verification
a) Each winner will be contacted via an Instagram Direct Message by @mcdonaldsUK within 14 days of the Closing Date, notified of their win, and required to send an email to a prize fulfilment email address stating their full name, Instagram handle and providing proof of age and an address within the UK to which the prize should be delivered, within 10 days of notification. Please ensure that you follow @mcdonaldsUK on Instagram.
b) Winners have 10 days to claim their prize by sending an email to the specified address. If a winner does not send an email within the initial 7 days of notification, they will be contacted again via an Instagram Direct Message and given a further 3 days to respond. If contact cannot be made, or the prize is not claimed, or the correct proof of age and/or address has not been provided within 10 days of the initial prize notification date, the prize will be deemed unclaimed and awarded to a substitute winner (selected in accordance with the Rules).
14. Prize Fulfilment
a) to; “Each prize will be dispatched by a third-party agency within 28 days of receipt of the respective prize claim by the Promoter further to section 13 above”.
b) It is the responsibility of the winner to provide their correct, up-to-date details when confirming acceptance of the prize in order for their prize claim to be processed. The Promoter cannot be held responsible for a winner failing to supply accurate information which affects prize acceptance or delivery of their prize.
c) Whilst the Promoter will take all reasonable steps to ensure that its obligations relating to meeting specific timeframes for winner notification/prize fulfilment are met, the Promoter shall not be liable in any way for its inability to meet these timeframes resulting from circumstances outside its reasonable control, including an outbreak of Covid-19 either within its own business or within the prize delivery supply chain.
d) Should a national or local lockdown affect the Promoter’s ability to meet these deadlines, it will fulfil its obligations as soon as is reasonably possible after its and/or its third-party fulfilment providers resume business as usual.
General:
15. Where the Promoter suspects that an individual has breached these Rules, the Promoter reserves the right to verify the winner and ask for proof of identity, age and address and that he/she is the person associated with the winning notification. The Promoter reserves the right to request proof of address from each winner to ensure prizing is allocated as one per household.
16. Winners may be asked to take part in reasonable publicity relating to this Promotion without payment. Such publicity may include, without limitation, publishing the winners’ name and social media handle Instagram, and any statements made by them concerning the Promotion and the prize won as part of the Promotion, on McDonald’s UK social media channels.
17. The Promoter shall use and process an entrant’s personal data in accordance with McDonald’s Privacy Statement https://www.mcdonalds.com/gb/en-gb/privacy-policy.html. Winner details will be passed onto a third party for prize fulfilment and winner notification.
18. The surname and county of the winners will be made available to anyone who requests it by emailing mcdonalds@loveprizes.co.uk within 30 days of the Closing Date. Entrants may request their surname and county is not published in the event they win by emailing mcdonalds@loveprizes.co.uk before the Closing Date. Notwithstanding any such request, the Promoter shall provide the surname and county of the winners to competent authorities upon request from such competent authorities (including the Advertising Standards Authority).
19. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the Promoter and not to Instagram. By entering this Promotion you fully release Instagram from all liability arising out of the Promotion. All entries are also subject to Instagram’s terms of use, and you can find them at https://help.instagram.com/581066165581870.
20. Apple Inc. is not a sponsor of the Promotion. No association is to be implied by the Promotion, any of the prizes or any arrangements in relation to fulfilment of any of the prizes between the Promoter and Apple Inc. Apple and iPad are trade marks of Apple Inc.
21. The Promoter reserves the right to cancel, amend, withdraw, terminate or temporarily suspend this Promotion for whatever reason, with no liability to any entrants or third parties, if it considers it necessary to do so due to circumstances outside its reasonable control. The Promoter shall not exercise this right unreasonably and if this happens, the Promoter shall use all reasonable endeavours to avoid consumer disappointment.
22. Entrants are reminded to get the owner's permission before using a computer, device and/or internet-access which is not owned or paid for by the entrant to enter the Promotion. The Promoter will not be liable for any Internet, mobile connection or other charges incurred in entering the Promotion.
23. The Promoter accepts no responsibility for system errors or other issues that may result in disruption, non-availability, loss or late receipt of any prize-notification or prize-claim or a prize lost, delayed or damaged in transit.
24. Entry into the Promotion is at the entrant's sole risk. To the extent permitted by law, the Promoter does not accept any responsibility and is not liable for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by entrants or any third parties arising out of or in connection with the Promotion and/or the allocation or use of a prize. Nothing in these Rules will limit the Promoter’s liability for death or personal injury caused by its negligence or for fraud, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Rules shall affect an entrant’s statutory rights.
25. The Promoter’s decision is final and binding. No correspondence will be entered into.
26. These Rules, and any dispute arising out of these Rules, shall be exclusively governed by and interpreted in accordance with English law and the exclusive jurisdiction of the courts of England and Wales.