McDonald's

Be ABrew-GooderSweepstakes

Official Rules

McDonald’s® McCafé® Be A Brew-Gooder Sweepstakes
(the “Sweepstakes”)
Official Rules

No Purchase Necessary To Enter Or Win A Prize. A Purchase Will Not Improve Your Chances Of Winning. Void Where Prohibited By Law.

Internet access is required to participate.

Each potential winner (and any minor winner’s parent or legal guardian for himself or herself and on behalf of the minor) may be required to participate in the prize fulfillment process and sign documentation, such as a release as well as a confidential background check, as more fully detailed below, as a condition of being awarded a prize.

By participating, you (and any minor participant’s parent or legal guardian for himself or herself and on behalf of the minor) 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 this Sweepstakes will be decided by binding arbitration (see Rule 10).

1. Sweepstakes Description.

McDonald’s USA, LLC (the “Sponsor”) is offering the Be A Brew-Gooder Sweepstakes in the 50 United States and District of Columbia (the “Territory”), which begins at 12:00:00 a.m. Eastern Time (“ET”) on August 26, 2019, and ends at 11:59:59 p.m. ET on September 29, 2019 (the “Entry Period”). The Entry Period will be divided into five (5) separate weeks and one (1) winner (nominator/nominee) will be selected each week. In the Sweepstakes, an eligible participant attempting to enter this Sweepstakes (“Nominator”) can recognize someone who has done something good (“Nominee”) by nominating them for a chance to win McCafé® for Life. Nominations can be submitted via Twitter, Instagram, or an entry form via the McDonald’s App (the “App”) or at the Website, by following the directions in Rule #3 below. Potential winners will be randomly selected from eligible entries. There is a limit of one (1) entry per Nominator each day per platform (Twitter, Instagram, App / Website) during the Entry Period, and the Nominee can be the same person or a different person for each entry. Each entry must comply with all Entry Parameters (See Rule #3.B. and #3.C.) and applicable platform terms and policies. Void where prohibited. The Sweepstakes is governed by these Official Rules.

2. Who Is Eligible To Enter/Win.

The Sweepstakes is open only to Nominators and Nominees who are residents of the fifty (50) United States or District of Columbia and who are eighteen (18) years of age or older at the time of participation. (Any eligible individual who is eighteen (18) or older, but younger than the age of majority in their jurisdiction of residence, is referred to in these Official Rules as a “Minor”). Persons in any of the following categories are NOT eligible to participate in the Sweepstakes: any person who on or after June 1, 2019, was or is (a) a McDonald’s restaurant franchise owner or a director, officer, employee, agent or independent contractor of a McDonald’s franchise restaurant; (b) a director, officer, employee or agent of McDonald’s USA, LLC, its parent company or their respective subsidiaries, affiliated companies or service agencies; (c) a director, officer, employee, agent or independent contractor of any entity engaged in the development, production or distribution of Sweepstakes materials or of any entities retained by Sponsor or its agencies to assist in any way with the administration or advertisement of the Sweepstakes; (d) an immediate family member (defined as spouse, IRS dependent, or biological, foster, in-law, adoptive or step- mother, father, sister, brother, daughter or son) of, or anyone who resides in the same household as, any person in any of the preceding categories. Each Nominator, and their parent or legal guardian if the Nominator is an eligible Minor, unconditionally accepts and agrees to comply with and abide by these Official Rules.

3. How To Participate.

A. Weekly Entry Periods: There are a total of five (5) weekly entry periods (“Weekly Entry Periods”) during the Sweepstakes. Each Weekly Entry Period begins at 12:00:00 a.m. ET on Monday and ends at 11:59:59 p.m. ET on the following Sunday as follows: Week 1: August 26, 2019 to September 1, 2019; Week 2: September 2, 2019 to September 8, 2019; Week 3: September 9, 2019 to September 15, 2019; Week 4: September 16, 2019 to September 22, 2019; Week 5: September 23, 2019 to September 29, 2019. Each Entry is only valid for the one (1) Weekly Entry Period during which the Entry is received and is not valid for any subsequent Weekly Entry Period(s).

B. Entry Submission: To participate, a Nominator must nominate a person who they believe deserves to win McCafé® for Life because they have done something good. The entry must be in the English language, briefly explain why the Nominee is being nominated and must be submitted by the Nominator during a Weekly Entry Period via:

  1. (i) the entry form for this Sweepstakes in the McDonald’s App or at www.BeABrewGooder.com (the “Website”);
  2. (ii) a post on the Nominator’s Instagram feed, which must include the Required Tags (defined below); or
  3. (iii) a Tweet or Retweet (with your own content) on the Twitter platform, which must include the Required Tags (each an “Entry”).

For all Entries via Instagram or Twitter, the Entry post must include the “Required Tags”: #BeABrewGooder, #Sweepstakes and @McDonalds, all of which must fit in the Participant’s single Entry post with the nomination (no multi-part posts). Merely retweeting or reposting another person’s content or commenting on another person’s Instagram post or tweet is not a valid form of entry and will not be included as an entry in this Sweepstakes. Similarly, replies to another person’s post or tweet is not a valid form of entry for this Sweepstakes. A Nominator cannot nominate themselves.

An example Entry looks like this: Jane, County Hosp. ICU nurse did what everyone thought impossible and now I’m home #BeABrewGooder #Sweepstakes @McDonalds. The Entry must also comply with all Entry Parameters (See Rule #3.C.) as well as any of Instagram’s or Twitter’s requirements, including character limits, the Instagram or Twitter Terms of Service and the Instagram or Twitter Rules found at the respective sites, as well as these Official Rules. Do not tag the Nominee without their permission. (If a Nominator is using Instagram or Twitter to enter, they must post from their personal Instagram or Twitter account. It must be a public account and cannot be a shared, corporate or organization account.) If an Entry is submitted via the McDonald’s App or Website, Nominator must follow the instructions in the App or at the Website to submit their Entry. An Entry must be submitted during the Entry Period and, if on Instagram or Twitter, remain publicly visible on Nominator’s account until at least October 31, 2019, in order to remain eligible. The drawing that an Entry is in will be determined by the date the Entry is submitted. Entries are only valid for one (1) Weekly Entry Period and not any subsequent Weekly Entry Periods, if any.

Submitting an Entry via a mobile device may result in being charged by your wireless carrier. Be sure to check your wireless carrier’s pricing plan before entering via mobile device.

C. Entry Parameters: An Entry (i) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory and cannot promote alcohol, drugs (illegal or otherwise), 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 the original and sole creation of the Nominator (except for any references to Sponsor or McDonald’s McCafé®); (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 violate the Nominee’s privacy; (vii) must not have been published in any other medium/forum; (viii) must not infringe upon any third party’s rights, including but not limited to copyright, patent or 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. Each Nominator warrants and represents that their Entry is truthful in all respects, complies with all of those conditions and is not inconsistent with Sponsor’s brand image as solely determined by Sponsor; and (xii) must not mention any of Sponsor’s competitors.

Any non-complying Entry with any of the above will be subject to disqualification. Further, Sponsor may disqualify any Entry which it deems, in its sole opinion, to be inappropriate for publication.

D. Sweepstakes Uses And Intellectual Property Rights: By entering, each Nominator and Nominee grants permission to Sponsor and its licensees to use the Entry, in whole or in part, and their name, and the likeness of any person depicted in the Entry to be posted online and/or any website or app in connection with this Sweepstakes, and in the advertising, promotion and publicity of the Sweepstakes, and commercial uses, and otherwise, as stated in these Official Rules (as solely determined by Sponsor); and each Nominator warrants and represents that they have all rights 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 Entry. Nominators and Nominees acknowledge that they have no rights whatsoever in or to McDonald’s intellectual property, such as but not limited to McDonald’s logos, trademarks and service marks. Nominators and Nominees are not required to “Follow” McDonald’s on Twitter or Instagram in order to enter, but may not be able to receive Sponsor communications if they do not follow McDonald’s accounts and may be asked to do so as part of the winner verification process in order for the Sponsor to communicate with potential winners privately to award a prize. Your Entry must include only the nomination story and the Required Tags as described above and must otherwise comply with these Official Rules.

Limit One (1) Entry Per Nominator Per Day, Per Platform. Any subsequent Entry(ies) will be disqualified and any person submitting purported Entries in excess of the above-stated limit may be disqualified in Sponsor’s sole discretion. An account (Instagram, Twitter, or App / Website) can only be used by one (1) person to participate in the Sweepstakes. The use of multiple accounts to enter more than the stated limit is specifically prohibited and may cause disqualification in Sponsor’s sole discretion. Use of any robotic, automatic, macro, programmed or third-party entry method is prohibited, and Sponsor may, in its discretion, void all such entries by such methods and disqualify any Nominator using such methods. Any waiver of any obligation, requirement or restriction hereunder by Sponsor does not constitute a general waiver of any obligation to Nominators or Nominees.

Entries represent solely the views/opinions of the Nominator and do not reflect the views/opinions of the Nominee or Sweepstakes Entities (defined below) in any manner. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to any Nominators or Nominees.

4. Winner Determination/Odds.

There will be one (1) winning Entry selected for each Weekly Entry Period during the Entry Period. The Nominator and Nominee associated with the winning Entry, once verified, will both receive a prize, subject to verification of eligibility. All winners will be selected at the end of the Sweepstakes on or about October 8, 2019, in a random drawing for each Weekly Entry Period, conducted by an independent judging organization. The odds of winning will be determined by the number of entries received for each Weekly Entry Period.

5. Prizes/Value.

Five (5) Nominator Prizes and Five (5) Nominee Prizes, One (1) each Weekly Entry Period. Each Nominator and their corresponding Nominee selected as potential winners, subject to verification, will each receive McCafé® for Life (based on two (2) coffees each week for fifty (50) years, plus a check for $3,432 that the winner can use towards taxes on the prize or in winner’s sole discretion). Each prize will be awarded as a $500 McDonald’s Arch Card® and a check for $14,372. The total value of each entire prize: $14,872. Approximately four (4) to six (6) weeks following verification, the McDonald’s Arch Card® and check will be mailed to the address provided in the Prize Claim Documents (defined below). Sponsor makes no representation that the amount of money given to help with taxes will cover a winner’s tax obligations for winning the prize in this Sweepstakes.

Total Number of Prizes: 10; Total Value of All Prizes: $148,720.

Any and all costs, fees and expenses not expressly stated in the prize description are the sole responsibility of the prize winner. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. No insurance is provided as part of the prize.

6. Winner Notification.

Sponsor’s redemption center (the “Redemption Center”) will notify the Nominator potential winner within two (2) business days following the drawing, as follows:

(a) If the potential winner is a follower of Sponsor’s official Twitter and/or Instagram account (@McDonalds), they will be notified via a direct message to their Twitter or Instagram account, and they must respond to the private message from Sponsor within twenty-four (24) hours or prize will be forfeited. If the potential winner is not already a McDonald’s follower or if they do not allow direct messages, they will be asked via a public message from Sponsor, on or about two (2) business days following the drawing, to follow the Sponsor’s official Twitter and/or Instagram account at @McDonalds in order to receive a direct message from Sponsor and be notified as a potential winner. The potential winner then must follow the @McDonalds account within twenty-four (24) hours or their prize will be forfeited, and an alternate winner may be selected. If the Nominator or Nominee is disqualified, the corresponding Nominee or Nominator will be also disqualified, and both will forfeit any prize they were selected to receive.

(b) If the potential winner entered via the Website or the App, they will receive an email notification within two (2) business days following the drawing requesting that the potential winner provides their additional contact information so Sponsor can send Prize Claim Documents.

Once any potential winner responds to the Sponsor’s notification (within twenty-four (24) hours) the Sponsor will provide instructions to complete any prize claim documents (“Prize Claim Documents”) in the time noted and return the Prize Claim Documents to the Redemption Center or forfeit the prize. (If any potential winner is a Minor, their parent or legal guardian will also need to execute the Prize Claim Documents on their own behalf and on the behalf of the Minor.) Each Nominee will be required to confirm that they are the person noted in the entry and that they did the “good act/deed” described by the Nominator. After successful completion of prize claim procedure, winner will receive additional information regarding receipt of their prize.

(c) It is solely the responsibility of the Nominator to contact the Nominee and obtain their contact information (complete name, address, city, state, zip code and email address) and provide that information to the Redemption Center so that the Redemption Center can then provide the Nominee with Prize Claim Documents which the Nominee must complete and return in the time provided in the Prize Claim Documents in order to receive their prize and for the Nominator to receive their prize.

It is the sole responsibility of each Nominator who entered via Twitter or Instagram to ensure that their privacy settings allow for Sponsor to contact them via direct message, including following Sponsor’s official Twitter and/or Instagram Account, @McDonalds, upon request via public tweet. Sponsor reserves the right to disqualify and not award the prize to any person who does not comply with the foregoing.

In the event a potential winner does not respond in the time noted by the Sponsor, both the Nominator and Nominee will be disqualified, forfeit the prize and the Sponsor will notify an alternate winner. If necessary, the Sponsor will contact up to three (3) alternate winners in order to award the prize, after which the prize may go unawarded.

7. Prize Restrictions/Entry Conditions.

All expenses, fees and charges associated with prize acceptance and use, and not specified above as being part of the prize, are solely the responsibility of the prize winner (or their parent or legal guardian if potential winner is an eligible Minor). If won by an eligible Minor, prize(s) may be awarded in the name of or to such Minor’s parent or legal guardian in Sponsor’s sole discretion. Prizes are non-assignable, non-transferable and will be deemed void if sold, transferred, auctioned or assigned to any third person or entity. A prize can only be transferred if approved by Sponsor (whose approval can be withheld for any reason whatsoever). All winners of a prize will receive a 1099 Tax Form for the value of the prize and such other documents as may be required by law for the actual value of the prize, to be issued in January of the year following receipt of the prize. All winners will be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. All income taxes on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of that prize recipient. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.

Entry Conditions: Each participant acknowledges and agrees that the decisions of Sponsor and the Redemption Center shall be final, binding and conclusive in all matters relating to the Sweepstakes. Sponsor reserves the right to conduct a confidential background check in order to verify the authenticity of any Nominator and Nominee. Participants agree to allow Sponsor to conduct a background check if they are selected as a winner of a prize, which will require executing additional documents. Any person attempting to forge Prize Claim Documents or defraud Sponsor or any of the Sweepstakes Entities (defined below) in any way in connection with this Sweepstakes may be prosecuted to the fullest extent permitted under the law. In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered account holder of the email address associated with the Instagram or Twitter account from which the disputed Entry was submitted, but only if that person meets all other eligibility criteria. Otherwise, the Entry may be disqualified, and any potential prizes won will be forfeited in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. Winners may be required to show proof of being the registered account holder.

8. General Release And Conditions Of Participation.

Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents and are advised to obtain insurance where appropriate. Sponsor, the Redemption Center, The Marketing Store Worldwide LP, their respective parent companies, subsidiaries, affiliates, franchisees, local advertising cooperatives, website developers, digital/advertising/promotion agencies and all of their respective shareholders, officers, directors, agents, representatives and employees (individually and collectively “Sweepstakes Entities”) are not responsible for: (a) Entries that are incomplete, misdirected, late, lost, garbled, unintelligible, damaged, stolen or non-delivered, whether caused by participants, wireless carriers, Social Media, Internet Service Providers (“ISP”) or unauthorized human intervention; (b) any damage to a participant’s or other person’s computer system or digital device which is caused or occasioned by participating in the Sweepstakes or claiming a Sweepstakes Prize; (c) technical difficulties or failures of any kind including, but not limited to lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, digital device or wireless carriers, websites or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, digital device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower or ISP or wireless carriers; (e) any technical malfunctions, failures or difficulties, printing errors, clerical, typographical or other errors in these Official Rules, any Sweepstakes advertisement or other materials or any Prize Claim Documents; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by tampering or hacking, or by any equipment or programming associated with or utilized in the Sweepstakes including, without limitation, Entries that are submitted by automated computer programs or other illegitimate means; or (h) the incorrect or inaccurate capture of information or the failure to capture, or loss of any information (including as a result of any filtering or other action by the Twitter or Instagram platform’s functionality which prevents Sponsor from accessing Entries). Prize Claim Documents submitted become the sole property of Sponsor and will not be returned. By participating in the Sweepstakes, and to the fullest extent permitted by applicable law, each participant (and, if participant is a Minor, such Minor’s parent/legal guardian) hereby releases and agrees to indemnify and hold the Sweepstakes Entities harmless 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 Sweepstakes or any Sweepstakes-related activity or the receipt, use or misuse of any prize. Nominators and Nominees waive the right to assert as a cost of winning any prize, all costs of verification and redemption or travel to claim said prize, and any liability and publicity which might arise from claiming or seeking to claim said prize. By participating in the Sweepstakes, the winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of their name, voice and likeness, along with their address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Sweepstakes and other promotions without further compensation (except where prohibited by law), and releases the Sweepstakes Entities from any liability with respect thereto. Caution: any attempt to damage any online service or website or undermine the legitimate operations of the Sweepstakes may violate criminal and civil laws. If such an attempt is made, Sponsor may disqualify any participant making such attempt and may seek damages to the fullest extent permitted by law.

Sweepstakes 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 email account, voicemail inbox, Instagram or Twitter account to receive messages. Sweepstakes Entities and each of their respective parents, subsidiaries, affiliates and franchisees are not responsible, and may disqualify a potential winner, if their Instagram or Twitter account, email address, telephone or other contact information does not work or is changed without giving prior written notice to Sponsor.

9. Miscellaneous.

A. Disqualification: It is a participant’s sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner will be disqualified, and the prize forfeited. No mechanically reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic Entry, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Nominator and/or originating by any other mechanism, including but not limited to commercial Sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Sweepstakes. 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 Sweepstakes; 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 Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.

B. Force Majeure/Printing And Production Errors: Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials, in any way, if it determines in its sole discretion that any Sweepstakes materials and/or Prize Claim Documents reflect printing, production or other errors, or if it determines, in its sole discretion, that the Sweepstakes is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors (including, without limitation, viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper Entry, integrity and/or feasibility of the Sweepstakes. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, 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 or other cause not reasonably within Sponsor’s control, then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. Only the prizes described in these Official Rules will be awarded.

C. Invalidity: 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 Official 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. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor. McDonald’s restaurant employees or franchisees are not authorized to modify or amend these Official Rules.

D. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations between Nominators, Nominees and the Sweepstakes Entities in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of Illinois including procedural provisions, 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 or jurisdiction’s laws.

E. Privacy: Except as otherwise contemplated in these Official Rules, Sweepstakes contact information collected by Sponsor in connection with the Sweepstakes will be used by Sponsor in accordance with the McDonald’s Privacy Policy found on the McDonald’s Website at www.mcdonalds.com/privacy.

F. Digital Device Requirements: Please see the Sweepstakes FAQs available at www.BeABrewGooder.com for the desktop/laptop systems and mobile systems requirements. Using a browser or device not supported may prevent participation in the Sweepstakes. Sponsor is not responsible for any browser, operating system or device supporting issues.

10. Arbitration.

By participating in this Sweepstakes, each Sweepstakes Participant agrees that: (1) any claim, dispute or controversy (whether in contract, tort or otherwise) Sweepstakes Participant may have against any of the Sweepstakes Entities arising out of, relating to or connected in any way with the Sweepstakes, 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 Sweepstakes Participant), or at such other location as may be mutually agreed to by the Sweepstakes 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 Sweepstakes Participant may have entered into in connection with the Sweepstakes; (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 Sweepstakes Participant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only the Sweepstakes Participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims 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 Sweepstakes Participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the Sweepstakes 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 Sweepstakes 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 Sweepstakes Participant shall be entitled to arbitrate their dispute. Finally, this arbitration provision is reciprocally binding on all parties, such that both Sweepstakes Participant and Sponsor are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, Sweepstakes Participants may visit the JAMS Website at http://www.jamsadr.com.

11. Official Rules.

These Official Rules can be found at www.BeABrewGooder.com or, to receive a copy of the Official Rules, mail a self-addressed, stamped envelope (“SASE”) to: McDonald’s McCafé® Be A Brew-Gooder Sweepstakes Official Rules Request, P.O. Box 1132, Chicago, IL 60690. All requests must be postmarked by December 21, 2019, and received by December 27, 2019. Limit one (1) request per outer envelope.

12. Winners List.

To find out who won, mail a #10 SASE to McDonald’s McCafé® Be A Brew-Gooder Sweepstakes Winners Request, P.O. Box 1132, Chicago, IL 60690. All requests must be received by December 27, 2019. Limit one (1) request per outer envelope. The list will be available when the Sweepstakes is officially over, and the prizes have been awarded.

13. Sponsor.

McDonald’s USA, LLC, 110 N. Carpenter St., Chicago, IL 60607-2101.

This promotion is sponsored only by McDonald’s USA, LLC. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or Twitter. Participants understand that any information provided directly to Sponsor is being provided to Sponsor and not to Instagram or Twitter. Twitter and Instagram are completely released of all liability by all participants in this Sweepstakes. Any questions, comments or complaints regarding this Sweepstakes must be directed to Sponsor and not to Instagram or Twitter.

©2019 McDonald’s. All rights reserved.

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