McDonald's Customers ‘Fancy a McDonald’s’ McFlurry Van Prize Draw ("Draw") Terms and Conditions
1. Draw
1.1. The Draw is promoted by McDonald's Restaurants Limited ("McDonald's") and is subject to these Terms and Conditions stated below ("Terms"). By participating in the Draw, each entrant agrees to be bound by these Terms.
1.2. The Draw opens at 00.00 on 19th July 2021 and closes at 23.59 on 26th July 2021. Entries received after that date shall not be entered in to the Draw.
2. Entries
2.1 Entries to the Draw may only be made by anyone meeting each of the following requirements:
(a) must be aged 18 or over and must be a resident of mainland Great Britain (England, Scotland and Wales, Residents of ROI or NI cannot enter), and
(b) The entrants must choose to enter either the 14th or 15th August (draw 1) or 21st or 22nd August (draw 2), and
(c) must have enough space to position and is accessible to an Airstream Van (with the following dimensions: 9.5m (width), 2.5m (depth) and 3.95m (height), a tow vehicle (with the following dimensions: 5m depth, 2m width), and a generator (with the following dimensions: length 4m, width 2m) either within their property vicinity or outside of their property, pending parking permissions and restrictions. If you are not the property owner you must have permission from your landlord, or the owner of the property, and McDonald's may ask to see evidence of this in order to provide the Prize.
(d) must have access to water outside of their property for cleaning purposes (such as a hose or tap) and must have a place where to dispose of waste,
(e) must be eligible to enter under these Terms ("Entrant").
2.2 The following are not eligible to participate:
(a) persons assisting with this Draw;
(b) McDonald’s Staff and Crew members;
(c) any person whose property is a school, nursery, or area exclusively associated with children;
(d) any person not being a natural person or any syndicate or collection of persons acting in concert;
(e) any person using the services of or which is an entity carrying on the business of entering (or advising on entering) prize Draws; or
(f) Residents of Republic of Ireland and Northern Ireland
3. How to Enter
3.1 Entry is made by an eligible person by:
(a) entering their full name, email address and phone number at www.mcdonalds.co.uk/mcflurryparty, and
(b) otherwise complying with any other eligibility and entry requirements mentioned in these Terms.
3.2 There is a limit of one entry per person.
3.3 There is no alternative method of entry. No purchase necessary, McDonald's makes no charge for entry.
3.4 Entry requires an internet connection and the Entrant's normal data charges will apply.
4. Conduct of Promotion Which is a Draw
4.1 All valid entries for the Draw will be collated and will compete for the Prize. The Draw will take place within 24 hours after the closing date of the Draw. Each draw will be made from all valid entries at random under independent supervision or via a computer programme producing a verifiably random draw.
4.2 In the event that any winning entry later proves to be invalid or adjudged void then McDonald's may re-award the relevant prize as it sees fit (but shall not be obliged to do so); specifically, the drawing of one or more reserve entries for any draw shall not of itself imply any obligation for McDonald's to award the prize to a reserve entry should a winning entry become invalid or adjudged void.
5. The Prize
5.1 There will be two Draws, each one resulting in a Prize. The prize for each Draw comprises of one (1) visit from the Fancy a McDonald’s McFlurry Van and its crew members. The van will travel to the winner’s house on either the 14th or 15th August (draw 1) or 21st or 22nd August (draw 2) to supply the winner and their family and friends with McDonald’s McFlurry’s for a Private Party (number of attendees may not exceed 25 persons) for the duration of 3 hours. Prize may be forfeited if winner is not available to host on either applicable date. McDonald’s will also provide party decorations and a DJ. McDonald's McFlurry’s available while stocks last. As a condition of accepting the prize the winner must grant McDonald’s (or their designee) the right to film and photograph all activities in connection with the prize (“Footage”). The winner agrees to assign to McDonald’s all intellectual property rights in any Footage throughout the world for the full unexpired period of such rights under applicable law throughout the world.
5.2 The winner is responsible for notifying their neighbours of the time and place of the Fancy a McDonald’s Party and visit from the McDonald’s McFlurry Van in order to avoid any potential complains.
5.3 The winner and any companions must comply with all applicable terms and conditions which may include (without limit) identifying details such as full name, date of birth, residential address in Great Britain (England, Scotland and Wales) suitable for the prize and email address. Failure to do so may result in forfeiture of the prize.
5.4 Any costs which it may be necessary or desirable for the winner and any companion(s) to incur in connection with a prize (e.g. subsistence, accommodation, transportation) and which costs are not expressly stated as being included within the prize shall be the sole responsibility of the winner and/or any companions.
5.5 If McDonald's wishes to increase the prize pool during a Draw it may (but shall not be obliged to) do so. Prize descriptions are illustrative.
5.6 Prizes may not be exchanged, substituted, encashed or transferred.
6. Notification of a Prize Claim
6.1 McDonald's shall contact the winner within 48 hours of the closing date for entries to the Draw by email inviting the winner to claim their prize.
6.2 If the winner has not claimed their prize via the email link, McDonald’s will place a phone call to the phone number provided on entry to ensure the winner has seen the email.
6.3 The winner will be required to click the link in the email, and complete the claim form within 24 hours of the email being sent and answer the follow up phone call which will be on the 29th July 2021 at 9.00. If the winner does not answer the phone call McDonald’s reserves the right to disqualify the winner. In the event that a winner is disqualified, McDonald’s reserves the right to award the prize to a reserve winner selected in the same manner. The winner will be required to confirm eligibility, acceptance of the Terms and confirm that they are able to accept the prize within 6 hours of successful initial contact.
6.4 All winners will be verified post successful completion of the claim form and if deemed invalid, will be disqualified.
6.5 The prize is awarded conditionally upon the winner accepting the terms and conditions of the prize provider or, in the case of more than one contractor being involved in the provision of a prize, the providers.
6.6 Failure of a winner to follow the deadlines and other instructions of McDonald's at any stage of the Draw and prize fulfilment process (whether or not communicated via an agent) may result (in McDonald's sole discretion) in the prize being withheld and the winner's claim being judged void for all purposes.
6.7 McDonald's reserves the right to hold void, cancel, suspend, or amend the Draw at its discretion owing to factors outside its reasonable control.
6.8 Prizes will be awarded for the Draw only on verification by McDonald's that the entrant has complied with the Terms. McDonald's (and any prize supplier) may carry out such background checks and require such information as it considers necessary or desirable for the purposes of verifying eligibility or the validity of any entry and any prize may be withheld unless and until McDonald's is satisfied with the verification.
6.9 Reference in the Terms or any promotional advertising, material or communication to any person as a "winner" or which otherwise expresses or might imply that a prize has been won, shall not thereby imply a waiver of any prize-claim/verification processes relating to the award of that prize or of McDonald's rights under the Terms to withhold the prize, require its return or cancellation (if already awarded), to adjudge the prize-claim as void for any or all purposes and/or to rule the entrant as ineligible for this and/or other draws.
7. Responsibility
7.1 To the fullest extent permitted by applicable law (but not otherwise) McDonald's and its agents assume no responsibility and are not liable for (i) the accuracy or otherwise of the prize description or illustration, (ii) any representation, warranty, condition or guarantee in respect of a prize (other than those warranties or conditions implied by statute and which cannot be excluded), (iii) the non-availability, loss, late or non- receipt, damage, illegibility or non-readability of a prize notification or other communication sent in connection with this Draw (iv) verifying whether the person awarded a prize is the person entitled to claim that prize (v) any taxes, fees, charges or other costs which winners may be required to pay any time in connection with a prize, (save to the extent that McDonald's has expressly and specifically accepted responsibility on the Entrants property). Nothing in these terms and conditions will limit the McDonald's' liability for death or personal injury caused by its negligence or for fraud.
7.2 Please note that no association is to be implied by this Draw, the prize-pool or any arrangements in relation to prize-fulfilment.
8. Consent Forms
8.1 McDonald's may also require every guest attending to sign a COVID waiver and comply with latest government guidelines around social distancing and COVID safety.
9. Privacy
9.1 Please see https://www.mcdonalds.com/gb/en-gb/privacy-policy.html for details of our privacy Statement applying to this Draw and our use of all personal data provided to us by entrants, winners and attendees.
9.2 McDonald's will process all personal data in accordance with McDonald's privacy policy, in particular McDonald's: (i) will not collect more of the entrant's personal information than needed for the purpose of administering and analysing this Promotion (including carrying out security checks as stated) and for posting features on its website which are informed by one or more entry-submissions; and (ii) will only use the entrant's personal information for those purposes (and such use may include transferring the entrant's and nominee’s personal information to McDonald's respective associates (e.g. The Marketing Store) and / or any third-party fulfilment company on behalf of McDonald's behalf for the purposes of distributing the prizes for McDonald's Promotions). McDonald's retain entrant's data for 28 days and a winner's data for a maximum of three months. In addition to the foregoing, McDonald's may process further information relating to entrants to the extent they separately receive communications from McDonalds and / or have opted in receiving marketing messages (in which case personal data will be sent to McDonald's third party providers such as Armadillo for sending newsletters). Any such processing shall be in accordance with McDonald's privacy policy.
10. McDonald's Rights
10.1 McDonald's may (i) extend any time limit or waive any of the Terms where a person might otherwise have been disqualified (without obliging McDonald's to relax the Terms in any other case whatsoever), (ii) terminate, suspend and/or extend this Draw at any time due to supervening circumstances beyond McDonald's control including (but not limited to) technical or operational problems with the Entrants property or for any fact, matter or circumstance which (in McDonald's opinion) adversely affects, or may adversely affect, the proper, fair or secure conduct or operation of any aspect of this Draw or its administration, (iii) substitute a product deemed to be an appropriate replacement and of equal or greater value in the place of any of the prizes, and (iv) treat any of its rights under the Terms as having been granted for the benefit of McDonald's and such of its subsidiaries, holding companies, fellow subsidiaries, franchisees, licensees agencies and commercial partners as McDonald's determines is relevant to any aspect of the Draw.
10.2 McDonald's decision in the exercise or interpretation of any of its rights or discretions in connection with the Terms shall be final and binding.
11. General
11.1 All age limits shall be deemed to be actual age as at the time of acceptance of the Terms, unless expressly stated otherwise in these Terms.
11.2 Should McDonald's determine based on the evidence in its possession at any given time that a person is misusing or tampering or attempting to misuse or tamper with the proper conduct of this Draw (and whether or not that person has submitted an entry and is otherwise in breach of the Terms), then McDonald's may adjudge (in its sole discretion) that such person is ineligible to take part in this Draw and every other Draw or offer of McDonald's and may direct that every entry, claim and request by that entrant is to be automatically void or invalid.
11.3 An entry will be void (unless otherwise directed by McDonald's) having deemed it (in McDonald's discretion) (i) to be incomplete, damaged or unreadable or (ii) to have been made by an ineligible person or (iii) to have failed to comply with these Terms.
11.4 For any entry which is or becomes void, any corresponding prize claim shall become invalid and in consequence McDonald's may withdraw or cancel any prize notification or award and oblige the entrant to (i) forfeit all rights to the prize (ii) accept that no right of compensation shall arise.
11.5 McDonald's may (in its sole discretion) (i) decline to enter into any correspondence save as otherwise stated in these Terms, (ii) alter these Terms during the Draw to the extent it considers necessary or desirable to maintain and preserve the integrity and reputation of the Draw or the fair, effective or secure operation of the Draw, and (iii) perform any stated function in these Terms via an agent and the entrant shall be required to accept such performance as if it was directly by McDonald's.
11.6 Nothing in these Terms shall affect your statutory rights.
11.7 By entering this Draw you are deemed to have accepted these Terms and to be bound by the Terms and to their interpretation under English law and by the English courts.
11.8 All McDonald's references marked with a TM are trade marks of McDonald's Corporation. All other trade marks are the properties of their respective owners. © 2021 McDonald's Restaurants Limited. All rights reserved.
11.9 All communications relating to the Draw should be addressed to: Mcflurry@redconsultancy.com.
Promoter: McDonald's Restaurants Ltd, 11-59 High Road, East Finchley, London, N2 8AW.
