Microsoft word - tcs legoland contest (12 feb) - revised.docx
McDonald’s Restaurants Pte Ltd LEGOLAND PROMOTION CONTEST (“CONTEST”) Contest Terms of Use THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.Internet Access and a Valid Email Address Are Necessary to Participate. CONTEST DESCRIPTION:
Entries for the Contest can be submitted starting at 00:01a.m. Singapore time on 6 February 2014 and ending at 11:59p.m. Singapore time on 5 March 2014(the “Submission Period”).
The judges are looking for original photos of a McDonald’s Lego Cup with a caption that best exemplifies [the spirit and excitement of the McDonald’s LEGOLAND promotion and that prominently features a McDonald’s Lego cup].
By participating in the Contest as a contestant, you unconditionally accept and agree to
comply with and abide by these Terms and Conditions and the decisions of McDonald’s Restaurants Pte Ltd ("Sponsor"), which shall be final and binding in all respects. PRIZES (each a “Prize”): One (1) top prize consisting of:
• Two(2) nights’ accommodation for four (4) persons at a standard theme room in
LEGOLAND, Malaysia, valid until 30 June 2014 ; and
• Eight (8) one-day Combo Tickets entry to LEGOLAND Malaysia Theme Park &
Ten (10) runner-up prizes, with each runner-up prize consisting of:
• Four (4) one-day Tickets entry to LEGOLAND Malaysia Theme Park, valid till
ELIGIBILITY:
The Contest is valid in Singapore only and is open to all Singapore citizens and permanent residents, and holders of valid Singapore employment passes / dependent passes / work permits who are fifteen (15) years or older, and who register with a valid email address. Prizes won by any person under the age of eighteen (18) will be awarded
only if the winner is accompanied by his/her parent or legal guardian during collection of prizes.
Persons in any of the following categories are NOT eligible to participate: (a) directors, officers, employees, independent contractors or agents of Sponsor or its parent, subsidiary, or affiliated companies, or of any franchisees, service agencies, or independent contractors of the Sponsor, or its parent, subsidiary, or affiliated companies, or franchisees; (b) individuals engaged in the development, production or distribution of materials for this Contest; and (c) persons who are immediate family members (defined as spouse, or biological, foster, or adoptive step- mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in any of the preceding categories, regardless of where they live, and/or individuals who reside in the same household, whether related or not, to any person in any of the preceding categories. Any person who has been convicted in a court of law or who entered a plea of guilty or no contest to any crime involving moral turpitude, dishonesty, theft or involved violence or predatory behavior against a child is not eligible and cannot participate. The Contest is void where prohibited.
HOW TO PARTICIPATE: A. Overview: To participate, you must submit an original photo with an original caption in English that exemplifies [the spirit and excitement of the McDonald’s LEGOLAND promotion and that prominently features a McDonald’s Lego cup]. You must own (or have permission for use) all content in your Submission (see 4B below).
B. Submission: Your submission (“Submission”) is to be uploaded by you via Instagram with the hashtag #mcdlegoland by no later than 11:59 p.m. Singapore time on 5 March 2014. The Submission can only contain your original image and caption. C. Submission Parameters: A Submission (i) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory, cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (ii) must be your original and sole creation, and all right, title and interest including but not limited to the copyright, moral rights or publicity rights in any Submission must be owned solely by you; (iii) cannot be obscene or offensive, or endorse any form of hate or hate group; (iv) cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (v) cannot communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate; (vi) must not have been submitted in any competition; (vii) must not have been published in any other medium/forum; (viii) must not infringe upon any third party’s
trademarks/tradenames/logos, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light; (ix) must not violate any law, rule or regulation; (x) must not contain any virus, bugs, or other deleterious material; and (xi) must not, for example,
without limitation, contain, profanity, nudity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, group or world peace; and you warrant and represent that your Submission complies with all of those conditions; and is not inconsistent with Sponsor’s brand image as solely determined by Sponsor.
Further, the Submission cannot contain any material that is created by a third party and may be subject to copyright protection (such as but not limited to music, movie or third party images, video clips or fictional characters).
Any non-complying Submission with any of the above will be subject to disqualification. Further, Sponsor may disqualify any Submission which it deems, in its sole opinion, to be inappropriate for publication.
D. Contest Uses and Intellectual Property Rights: By entering, you grant permission for the use of your Submission, in whole or in part, and your name, and the likeness of any person depicted in your Submission to be posted on the Internet, and/or any website in connection with this Contest, and for advertising, promotion, and publicity of the Contest, and otherwise, as stated herein (as solely determined by Sponsor); and you warrant and represent that you have all right and authority to grant such permission. Notwithstanding anything to the contrary, however, there is no obligation of the Sponsor or any other person or entity to post or make any use of any Submission. You acknowledge that you have no rights whatsoever in or to Sponsor’s intellectual property, such as but not limited to Sponsor’s logos, trademarks, and service marks. E. Additional Restrictions: While there is no limit to the number of Submissions per person, each Submission you submit must be substantially different as solely determined by Sponsor. Once a Submission is submitted, it cannot be changed, altered, or modified. Submissions, when uploaded become the sole property of Sponsor and will not be acknowledged or returned. No questions relating to the Contest will be accepted, acknowledged or answered. No form of Submission other than as stated herein will be accepted. Submissions that do not meet the requirements of these terms may be disqualified. It is your sole responsibility to advise Sponsor of any change in your contact information. CONTEST SELECTION DETERMINATION: A. Judging/Selection of Potential Winners: On or about 14 March 2014, a panel of qualified judges will judge each Submission by viewing the Submission on Instagram / Facebook according to the following criteria:: (i) photo fit and relevance; (ii) composition; (iii) creativity; (iv) technical quality; (v) overall impression. 10 points is available for each criterion, making a total of 50 points. B. One potential Contest Winner (“Potential Winner”) will be selected. The Submission with the highest score will be deemed the Potential Winner. In case of a tie, the
Submission with the highest score in the “overall impression” criterion will be deemed the Potential Winner. If a tie continues the Submission with the highest score in the “creativity” criterion will be deemed the Potential Winner.
C. In addition to the Potential Winner, ten (10) runner-ups will be selected. The ten Submissions with the highest scores immediately after the Potential Winner shall comprise the runners-up (collectively, “Potential Runners-Up”, and each a “Potential Runner-Up”). In case of a tie, Submissions with the highest score in the “overall impression” criterion will be used to determine the Potential Runners-Up. If a tie continues Submissions with the highest score in the “creativity” criterion will be used to determine the Potential Runners-Up. B. In the event a Potential Winner or Potential Runner-Up cannot meet all of the requirements necessary to be confirmed as an official winner (“Winner”) or official runner-up (“Runner-Up”), said Potential Winner or Potential Runner-Up (as applicable) will at the option of the Sponsor be disqualified, and either (as elected by the Sponsor in its sole discretion): (i) the Prize will be awarded to the Submission with the next highest score who is able to meet the requirements necessary to be confirmed as the Winner or Runner-Up (as applicable); or (ii) the Prize will be forfeited and donated to a charity or charities of the Sponsor’s choice. By entering this Contest and accepting the Prize, each Winner and Runner-Up agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Contest-related activity. Winner and each Runner-Up understands and agrees that Sponsor has the right, in its sole discretion, to disqualify and remove a Winner or Runner-Up at any time if that Winner’s or Runner-Up’s (as applicable) behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor. NOTIFICATION: Potential Winners and Potential Runner-Ups will be
announced on or around Monday, 17 March 2014 via the Sponsor’s Facebook Page at www.facebook.com/mcdsg. Potential Winners and Runner-Ups will also be notified by email via the email address linked to their respective Facebook accounts. Potential Winners and Runner-Ups, as announced on the Sponsor’s Facebook are required, within fourteen (14) days of the date of announcement of winners on the Sponsor’s Facebook page, to claim their Prize in person at such address as may be notified on the Sponsor’s Facebook Page. If a Potential Winner or a Potential Runner-Up is found to be ineligible or otherwise not in compliance with these terms, or if Potential Winner or Potential Runner-Up cannot accept the Prize or does not claim the Prize within timeframe specified herein, the Potential Winner or Potential Runner-Up (as applicable) will at the option of the Sponsor be disqualified, and either (as elected by the Sponsor in its sole discretion): (i) the unclaimed Prize will be awarded to the Submission with the next highest score who is able to meet the requirements necessary to be confirmed as the Winner or Runner- Up (as applicable); or (ii) the unclaimed Prize will be forfeited and donated to a charity or charities of the Sponsor’s choice.
Potential Winners and Potential Runner-Ups shall, if required by the Sponsor at the time that they claim their prize, to complete, execute, and return a confirmation of receipt, eligibility and release (in such form as the Sponsor may provide) (“Prize Claim Document”). If a Potential Winner or Potential Runner-Up does not complete, sign and return to the Sponsor a Prize Claim Document as may be required, such Potential Winner or Potential Runner-Up may be disqualified. GENERAL CONDITIONS: No cash alternative or substitution of the Prize will
be allowed except that Sponsor reserves the right to substitute a Prize for a prize of equal or greater value if the stated Prize becomes unavailable for any reason whatsoever. The Winner and each Runner-Up acknowledges and agrees that acceptance of a Prize (“Prize Winner”) constitutes the Prize Winner’s permission for Sponsor or its designee to use Prize Winner’s name, photograph, likeness, voice, biographical information, statements and address and Submission (which may be edited, modified, altered, changed, converted into an animation presentation, used alone, together or with other works, acts or content and/or used in composite form, with or without comment or commentary, all as solely determined by Sponsor) for advertising, commercial and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation or authorization, except where such condition is prohibited by law or otherwise permitted herein, and without notice, review, and/or approval.
You agree that Sponsor and its parent company, franchisees, affiliates, subsidiaries, local corporate advertising cooperatives, advertising and promotion agencies, and all of their respective directors, officers, employees, representatives and agents (collectively, the “Contest Entities”) shall not be responsible or liable for any losses, damages or injuries of any kind (whether due to negligence or otherwise), to person, including death, and property or breach or failure of any representation or warranty, or infringement upon any third party’s rights, (including but not limited to, copyright, patent or trademarks/tradenames/logos, or rights of privacy or publicity, or inclusion of material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light) resulting from your participation in the Contest, or any other Contest-related activity. LIMITATIONS OF LIABILITY: Contest Entities are not responsible for lost,
late, incomplete, stolen, misdirected, non-delivered, postage due, separated or illegible, mail, Submissions, or email; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/Web site/use net accessibility, availability, or traffic congestion, or any technical error, or any program or programming error or failure, or unauthorized human intervention, or the incorrect or inaccurate capture of registration, Submission, or other information, or the failure to capture, or loss of, any such information. Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by Contest Site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure,
technical error, theft or destruction or unauthorized access to, or use of, the Contest Site. Contest Entities are not responsible for errors of any kind whether human, mechanical, electronic, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of Submissions, the announcement of those selected for inclusion in any Contest-related materials. Any use of robotic, automatic, macro, programmed or third party Submission methods will void all such Submissions by such methods, and disqualify any Submission using such methods. Contest Entities are not responsible for injury or damage to your or to any other person's computer related to or resulting from participating in this Contest or uploading or downloading or printing materials from the Internet for purposed of the Contest. In case of dispute, the authorized subscriber of the email account used to enter and/or register for the Contest at the actual time of entry/registration will be deemed to be the entrant, and must comply with these Terms of Use. The authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization, which is responsible for assigning email addresses.
DISQUALIFICATION/FORCE MAJEURE: It is your responsibility to ensure
that you have complied with the terms and conditions contained herein. Sponsor reserves the right in its sole discretion to disqualify any individual who has tampered with the Submission process or the operation of the Contest; violated any of these Terms of Use; or acted in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, 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 Contest, in whole or in part, or modify or suspend the Contest in any way, if it determines, in its sole discretion, that such termination or modification is required by applicable law, or the Contest 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 Contest. In the event Sponsor is prevented from continuing with the Contest as contemplated herein, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated, in whole or in part, before the designated end date, Sponsor reserves the right to make selections for inclusion in a Contest from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Only the type and quantity of the Prize described in these Terms of Use will be awarded. These Terms of Use cannot be modified or 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 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.
GOVERNING LAW: All issues and questions concerning the construction,
validity, interpretation and enforceability of these terms of use or the rights and
obligations as between you and the Contest Entities in connection with the Contest shall be governed by and construed in accordance with the laws of Singapore without giving effect to any choice of law or conflict of law
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