The McDonald's® Pirates of the Caribbean Game Official Rules

NO PURCHASE NECESSARY.

• PROMOTION DESCRIPTION: The McDonald'® Pirates of the Caribbean Game (the "Game") begins at participating McDonald' Restaurants in the United States, Puerto Rico and Canada (including Quebec) (the "Territory") on July 4, 2006 at 12:01:01 a.m. Eastern Daylight Savings Time ("ET") and is scheduled to end on July 31, 2006 at 11:59:59 p.m. ET or while distribution supplies last (the "Promotion Period"). Vehicle prizes will be awarded one per Day between July 4, 2006 at 12:01:01 a.m. ET and July 31, 2006 at 11:59:59 p.m. ET ("Car Game") and all other prizes will continue to be awarded online through August 20, 2006 at 11:59:59 p.m. ET ("Code Entry Deadline"). A day will begin at 12:01:01 a.m. ET and end the following 11:59:59 p.m. ET (a "Day"). During the Promotion Period one Game Piece (a "Game Piece") will be attached to specially marked 6 oz. fry cartons, 32 oz. drink cups and Big Mac cartons, while distribution supplies last. Each Game Piece will contain either an Instant Win prize message and a unique Instant Win Prize code ("Instant Win Code"), or a unique 14-digit code (the "Code"). In addition to the 14-digit Code found on your Game Piece, between 9:00 p.m. and 2:00 a.m. (time zones depending on restaurant location) a 4-digit code (a "Late Night Bonus Code") will be displayed at participating McDonald' Restaurants that have a drive thru in the drive thru area throughout the Promotion Period, and ending the morning of August 1, 2006. The Game Pieces do not contain Late Night Bonus Codes. By participating in the Game, each participant (and his or her parent or legal guardian if participant is not of the age of majority in her/his state/Province of residence) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of McDonald' USA, LLC (the "Sponsor"), which shall be final and binding in all respects.
• ELIGIBILITY: The Game is open only to legal residents of the Territory who are 13 years of age or older. Persons in any of the following categories are NOT eligible to participate or win prizes in the Game: (a) persons who on or after January 1, 2006 were or are franchisees, directors, officers, employees or agents of Sponsor or of any parent, subsidiary, affiliate, franchisee, service agency, independent contractor or prize supplier of any of the above organizations; (b) individuals engaged in the development, production, distribution of materials for and implementation of the Game; and (c) persons who are immediate family members (defined as spouse or biological or step- mother, father, sister, brother, daughter, or son and each of their respective spouses, whether actual or purported) 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, as any person in any of the preceding categories. Void where prohibited.
• HOW TO PARTICIPATE:
  • IN RESTAURANT: Get a Game Piece on specially-marked 6 oz. fry cartons, 32 oz. drink cups and Big Mac cartons. As the Game progresses, some participating McDonald's restaurants may run out of Game Pieces before others. Similarly, some forms of specially-marked packaging may run out before others.
  • WITHOUT PURCHASE: To participate without making a McDonald' purchase, go to playatmcd.com and register or log-in. Click on the link to the Official Rules and follow the instructions to request a Code or Instant Win Code via email. You will be required to provide your email address in order to obtain either one Code or one Instant Win Code and one Late Night Bonus Code by email. Whether you receive a Code to play online, via text message, or by phone for a chance to win or Instant Win Code that makes you an unofficial Instant Winner will be randomly determined. On-line requests due by July 31, 2006 at 11:59:59 p.m. ET or while distribution supplies last, limit seven (7) on-line requests per day per email address.
• HOW TO PLAY: You can play one of two ways, either instantly with your Instant Win Game Piece/Instant Win Code or by playing online, via text or calling by phone with a Code.
  • INSTANT WIN: To play the Instant Win part of the Game, gently peel off the designated area on the Game Piece. If your Game Piece reveals a prize, you are a potential winner of that prize, subject to verification and compliance with these rules. If your Game Piece does not reveal a prize you have not won an Instant Win prize.
  • ONLINE: To play online, go to playatmcd.com, game participants will be required to register by completing the following information fields: name, birth date, username, password and email address. Returning visitors will enter only their username and password. Then following the on-line directions you will be prompted to enter the Code from your Game Piece.
  • PHONE: To play by phone, Call toll free 1-866-9BIGMAC. You will be prompted to enter your birth date and phone number along with the Code from your Game Piece. Phones will be open 24 hours per day during the Promotion Period. Calls originating from pay phones will not be accepted.
  • TEXT MESSAGE: To play by text message: You will need to text message the Code from your Game Piece to Short Code 91919 for English, to 80880 for Spanish and to 70770 for French Canada only. After your initial text message is received you will be prompted to send via text message your birth date. The participants cell phone number and carrier will automatically be captured in the database. Text message entry is designed to work with most major wireless carriers, but Sponsor makes no guarantee that any particular wireless service provider will be compatible with or participating in the Game in the text-messaging portion of this Game. To enter via text messaging, the mobile phone must be capable of sending and receiving text messages. Wireless service providers may charge participants a fee under their cellular service contract or service provider agreement for each text message that is sent and received in connection with the Game. Entrants may incur text-messaging charges in connection with attempted entries and corresponding error messages even if their attempted entry does not go through because of connectivity or other problems. Participants are responsible for all fees incurred through their wireless phone service for text messages associated with participation in this Promotion.
  Instant Win Codes and Codes must be entered exactly as they appear on your Game Piece, and Late Night Bonus Codes must be entered exactly as displayed (in the same digital order) or they will not be accepted. Codes and Late Night Bonus Codes must be entered, received and recorded by Sponsor' computer (the official time keeping device for the Game) by August 20, 2006 at 11:59:59 p.m. ET (the "Code Entry Deadline") after which Codes and Late Night Bonus Codes cannot be entered and are void. Codes may be entered through July 31, 2006 at 11:59:59 p.m. ET ("Car Game Entry Deadline") for the chance to win the vehicle prizes. Limit 7 Code entries (including a Late Night Bonus Code, if applicable) per person per Day. No other form of participation is valid.
• HOW TO ENTER THE LATE NIGHT BONUS CODE DRAWING: At participating McDonald' restaurants with drive thru service, between 9:00 p.m. and 2:00 a.m. (time zones depending on restaurant location) a 4-digit code (a "Late Night Bonus Code") will be displayed. The Late Night Bonus Code needs to be entered together with the Code on your Game Piece for your entry into the Late Night Bonus Code drawing. Late Night Bonus Codes will not be accepted if entered alone, and will not be accepted if entered with an Instant Win Code when claiming an Instant Win prize. Except for the Late Night Bonus Code displayed at participating McDonald' restaurants drive thrus on the evening of July 31, 2006/morning of August 1, 2006, each applicable Late Night Bonus Code must be entered, received and recorded by Sponsor' representative' computer no later than 9:01:01 p.m. ET on the evening following its publication at participating McDonald' restaurants after which applicable date and time the Late Night Bonus Code cannot be entered and is void. The Late Night Bonus Code displayed at participating McDonald' restaurants’ drive thrus on the evening of July 31, 2006/morning of August 1, 2006 must be entered, received and recorded by Sponsor' representative' computer (the official time keeping device for the Game) by August 20, 2006 at 11:59:59 p.m. ET. after which date and time, that Late Night Bonus Code cannot be entered and is void. In addition, to enter without a McDonald' purchase or visit, a Late Night Bonus Code is available at playatmcd.com.
• PRIZES/ODDS OF WINNING:
  • A. INSTANT WIN GAME PRIZES/ODDS:
    • i. Two Thousand Five Hundred (2,500) $50 McDonald' Pirates Arch Card (in the U.S.)/$50 McDonald' Gift Certificate (in Canada and Puerto Rico) are available. Approximate Odds of winning 1:64,102
    • ii. Five Thousand (5,000) $25 McDonald' Pirates Arch Card (in the U.S.)/$25 McDonald' Gift Certificate (in Canada and Puerto Rico) are available. Approximate Odds of winning 1:32,050
    • iii. Ten Thousand (10,000) $10 McDonald' Pirates Arch Card (in the U.S.)/$10 McDonald' Gift Certificate (in Canada and Puerto Rico) are available. Approximate Odds of winning 1:16,025
    • IV. One Million (1,000,000) One (1) Music Remix Windows Audio download from the Pirates of the Caribbean: The Curse of the Black Pearl and Pirates of the Caribbean: Dead Man' Chest Soundtrack Collection. Approximate Retail Value ("ARV") US 99¢ are available. Approximate Odds of winning 1:159
  • B. ONLINE/PHONE/TEXT PRIZES/ODDS:
    • i. Four (4) 2007 Volvo C-70 will be made available. Vehicle includes metallic paint; automatic transmission; Premium Package (leather seating surfaces, compass in rear view mirror and homelink); Climate Package (heated front seats, headlight washers, air sensor); and Dynamic Audio Package (12 Dynaudio speakers, Dolby Pro Logic II Surround Sound, 4 x 130 watts general amplifier, 2 x 8 subwoofer system with 2 x 130 watts amplifier). U.S.ARV $43,185
    • ii. Twenty-four (24) 2007 Volvo XC-90 V8 will be made available. Vehicle is fully equipped and includes metallic paint and Climate Package (heated front seats, headlight washers). U.S. ARV $47,575
    • iii. Five Hundred (500) Magellan® RoadMate® 3000T will be made available. Intelligently designed portable GPS vehicle navigation system with built-in MP3 player, photo viewer and rechargeable battery. US ARV: $699.99
    • iv. One hundred (100) iPod with Pirates Of The Caribbean-themed skin in addition to the Pirates Of The Caribbean Soundtrack Collection will be made available. 30GB iPod Video that stores up to 7,500 songs, 12,500 photos, and 75 hours of video, a Pirates Of The Caribbean-themed skin and the Pirates Of The Caribbean:The Curse Of The Black Pearl and Pirates Of The Caribbean: Dead Man's Chest Soundtracks. U.S. ARV $337.95
    • v. Fifty (50) DVD Action Pack will be made available. Directors Cuts of Remember the Titans and Gone in 60 Seconds DVDs with a Memorex® 7" Widescreen Portable DVD Player. U.S. ARV $169.97
    • vi. Fifty (50) PSP™ (PlayStation®Portable) systems and Pirates of the Caribbean: The Curse of the Black Pearl on UMD™ for PSP™ will be made available. A PSP™ (PlayStation®Portable) system with a Pirates of the Caribbean: The Curse of the Black Pearl UMD™ for PSP™. U.S. ARV $215.00
    • vii. One Hundred (100) Pirates Of The Caribbean: The Curse of the Black Pearl and Pirates of the Caribbean: Dead Man' Chest Soundtrack Collection will be made available. US ARV $ 37.96
    • viii. One Hundred (100) $50 McDonald' Pirates Arch Card (in the U.S.)/$50 McDonald' Gift Certificate (in Canada and Puerto Rico) will be made available.
    ODDS OF WINNING ONLINE/PHONE/TEXT Prizes: The odds of winning a Code entry prize are based on the total possible entries of 187,787,550 and the time any particular participant' Code is recorded by the Sponsor' computer. For each of the vehicle prizes, the period beginning on July 4, 2006 at 12:01:01a.m. ET and ending on July 31, 2006 at 11:59:59 p.m. ET will be divided into 28 days. One vehicle prize will be randomly assigned to a randomly selected particular time within each of the 28 days. Odds 1:6,706,697. For each of the Online/Phone/Text prizes (excluding the vehicle prizes), the period beginning on July 4, 2006 at 12:01:01 a.m. ET and ending on August 20, 2006 at 11:59:59 p.m. ET will be divided into equal periods. One code prize will be randomly assigned to a randomly selected particular time within each of the time periods. Odds 1:208,652. The first eligible participant submitting a valid Code received and recorded by Sponsor' computer at or after each such randomly selected time during a particular time period, will be deemed the potential winner of the prize for that time period, subject to verification and compliance with these rules.
  • C. LATE NIGHT BONUS CODE PRIZE: One (1) Walk-On Role in a Jerry Bruckheimer production - Winner will receive a chance to be in a Jerry Bruckheimer Production in a Walk-On Role. Walk-On Role includes: a 4-day/ 3-night trip for two (2) to a to be determined filming location for the opportunity to be in a Jerry Bruckheimer Production release ("Upcoming Picture"), round-trip airfare from a major airport near the winner's residence to a major airport in or near the filming location, and 3 nights standard double occupancy hotel accommodations. Travel and hotel are subject to availability and Sponsor' discretion, and confirmation will be given on a space-available basis only. Winner will have the opportunity to participate as a non-speaking extra ("Walk-on Role"). Trip must be taken during production of the Upcoming Production on dates specified by Sponsor, or Walk-On Role will be forfeited. Walk-On Role is subject to the requirements and approval of the Upcoming Production's producer, which may be granted or withheld in such producer's sole discretion. Walk-On Role may not actually appear in the final version of the Upcoming Production. If the winner does not have the opportunity to participate in the Walk-On Role for any other reason, then the remaining components of the Prize shall constitute full satisfaction of Sponsor's prize obligation to the Prize winner, and no other or additional compensation will be awarded. The specific date, time and location of the screening shall be at the sole discretion of Jerry Bruckheimer Productions and the Sponsor. The award of a Walk-On role is subject to the availability of non-union vacancies. U.S. ARV $2,575
    
    ODDS OF WINNING LATE NIGHT PRIZE: The odds of winning the Late Night Bonus Code entry prize are based on the total number of eligible participants who submit valid Codes and Late Night Bonus Code during the Promotion Period in accordance with the provisions of these Official Rules.
  • D. RESTRICTIONS: Prizes will be awarded only if the potential winner fully complies with these Official Rules. Limit one (1) Code prize per Code and/or one Code prize per participant, cell phone number and/or land line telephone number and/or email address. Each prize winner or, if winner is not of the age of majority in his or her state of residence (a "Minor"), such Minor winner's parent/legal guardian, shall be solely responsible for all federal, state and/or local taxes, sales tax, surcharges, service charges, processing and handling fees, and all other costs incurred in claiming and redeeming the prize including but not limited to gratuities, personal expenses, and any expenses not stated in these rules. Each U.S. prizewinner of a prize with an ARV in excess of $600 will be issued an IRS 1099 Tax Form in January 2007, following the receipt of the prize, for the approximate retail value of the prize. No cash alternative or substitution of prizes will be allowed except solely in Sponsors discretion. If a potential winner cannot accept prize as stated, prize will be forfeited in its entirety and will not be awarded in the game. Any difference between the stated and actual value of a prize will not be awarded. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor solely. Limit one prize claimant per prize. Prize values are expressed in U.S. Dollars.
  • E. FOR CANADIAN PRIZE WINNERS: In addition to complying in full with these Official Rules including the redemption instructions, a participant must correctly answer a mathematical skill-testing question, without assistance of any kind, whether mechanical, electronic or otherwise, before the participant can be declared the winner of any Prize.
  • F. ARCH CARDS: If a resident of Puerto Rico or Canada gets a Game Piece with an Instant Win message for an Arch Card™, then the prize will be awarded as a McDonald' gift certificate of the same denomination.
  • G. ELECTRONICS PRIZES: The ARVs of any electronics prizes listed are subject to price fluctuations in the consumer marketplace. If the actual purchase price of an electronics prize is less than the ARV stated in these Official Rules, the prize winner will not be entitled to the price difference.
  • H. TRAVEL PRIZE: If a minor wins a travel prize, he or she must be accompanied on the trip by his or her legal parent or guardian. An adult winner' travel companion must be 18 years of age or older, of if the companion is a minor the winner must be such minor' legal parent or guardian. Winner and guest must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. Airfare does not include government taxes, Passenger Facility Charge or September 11 Security Fee. Ground transportation, tax, gratuities, personal expenses, and all other expenses incurred on the trip that are not specifically provided for herein, including but not limited to additional ground transportation, airport taxes or fees, gratuities and any other incidental expenses, are solely the responsibility of the applicable prize winner and his or her guest. Prize winner and his or her guest must sign eligibility and liability documents prior to any travel documents being released. If air travel is not required because the winner' residence is within 100 miles or less to the travel prize destination, the air travel portion of the prize will be forfeited and no other substitution or compensation will be provided. ARV for travel prize may vary depending upon point of departure and fare fluctuation. For travel prize, the round trip air transportation element for the prize begins and ends at the point of departure (unless otherwise specified herein). Sponsor reserves the right to structure travel route in its sole discretion. In the event a trip winner or their guest engages during the trip in behavior that (as determined by Sponsor in Sponsor' sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, in whole or in part, and to send the winner and/or his or her guest home with no further compensation, at the cost of the prize winner and not the Sponsor.
  • I. VEHICLE PRIZES: Prize winner or his or her parent/legal guardian (if winner is a minor) must be a valid licensed driver with satisfactory proof of insurance and take delivery of the vehicle from an authorized dealership near the winner' home as designated by Sponsor. Vehicle colors will be determined based on availability in Sponsor' sole discretion. Winner is responsible for all taxes and expenses including but not limited to: delivery, processing and handling fees; registration, title and license fees, insurance, and all other costs incurred in claiming, registering or using the vehicle. Winner is responsible for all costs and taxes associated with any customized upgrade/option package. Each vehicle will be delivered solely with the express limited warranties set forth in the vehicle' Owner' Guide, which warranties shall run for the term set forth in the said Guide. Sponsor in its sole discretion may elect to substitute a 2006 or 2007 vehicle of the same or like model and style in the event of scarcity due to limited production or unavailability for any other reason. Once a winner has been notified that the vehicle he or she has been awarded is available at a dealership, prize winner will have 30 days to pick up the vehicle or it will be forfeited.
  • J. DISCLAIMER OF WARRANTIES: Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Game. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
• 7. LATE NIGHT BONUS CODE PRIZE DRAWING: Potential winner of the Late Night Prize along with three (3) alternates will be randomly selected on or about August 31, 2006 from among all eligible Late Night Prize entries received. If the first potential winner drawn is ineligible to receive the prize or chooses not to accept the prize, then the prize will be awarded to the next alternate/potential winner in the order they were drawn. If all four potential winners are not eligible and/or choose to not accept the prize then the prize will go unawarded. The drawing will be conducted by an independent judging organization whose decisions, along with the Sponsor are final.
• 8. ONLINE/TEXT/PHONE WINNER NOTIFICATION:
  • a. ONLINE /PHONE: Online and phone caller Code potential prize winners will be notified of the prize and how to become an official winner and claim their prize through the same method by which the Code was submitted at the time the Code is submitted.
  • b. TEXT: Text message potential prize winners will be notified of the prize won via a return text message and provided a 1-800 phone number to call to receive instructions on how to become an official winner and claim their prize.
  • c. LATE NIGHT: The Late Night Bonus Code potential winner will be notified using the phone number and/or other information provided at the time of entry on or about September 8, 2006 and will be provided information on how to become an official winner and claim their prize.
• 9. PRIZE CLAIMS:
  • a. ONLINE/TEXT/PHONE: Potential online, text or phone prize winners will be required to submit their original Game Piece with the prize claim. To claim your prize, sign your initials in ink on the face of the game piece. Send your game piece and a 3 x 5 card with your name, address, city, state, zip and birth date to the address provided at the time of notification to arrive by September 29, 2006. Registered, certified or traceable mail is recommended. All prize claims must be received at the address as instructed when notified. All claims must be received by September 29, 2006 after which all claims are void and forfeited.
  • b. INSTANT WIN: To claim an Instant Win prize, access the website stated on the Game Piece and follow the instructions to submit the Instant Win Code and redeem your prize. Instant Win prizes must be claimed via the website by 11:59:59 p.m. ET on September 29, 2006, after which all Instant Win prize claims are void and forfeited.
  Timely and proper submissions of prize claims are the potential winner' sole responsibility. Your prize will either be mailed to you, or you will be notified by email advising how to obtain your prize. It is recommended that you retain a copy of your Game Piece and all prize claim materials for your files. Any prizes that are not claimed in accordance with these Official Rules will not be awarded.
• 10. FOR ALL POTENTIAL WINNERS: Potential prize winners may be required to execute a Declaration of Eligibility, a Liability Release and, where legal, Publicity Release (collectively, "Prize Claim Documents"). If winner is a Minor, the prize will be awarded to the winner' parent or legal guardian in the name of the winner. A potential winner of a prize may not transfer his or her prize unless authorized in writing by Sponsor before the transfer is made. Such authorization may be granted or withheld in Sponsor' sole discretion. Request for transfer must be in writing and must be included with the Prize Claim Documents. The person to whom the prize is transferred must meet the eligibility restrictions set forth in these Official Rules. If any potential prize winner (or such Minor winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within seven (7) days of first prize notification attempt or if the prize is declined or the Prize Claim Documents are returned as unclaimed or undeliverable to any potential winner, or any potential winner is found to be ineligible or not in compliance with these rules, such potential prize winner may be disqualified and/or forfeit his or her prize and in the case of the Late Night Bonus Code prize an alternate winner may be selected. If Sponsor so elects, a potential prize winner may be required to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Game will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Game as determined by Sponsor in its sole discretion. If a prize winner makes any false statement in any document related to the Game or any prize, the winner will be required to promptly return to Sponsor upon demand the prize(s) or, at Sponsor's option, the cash equivalent of the prize(s) based on the ARV or other value published in these Official Rules.
• 11. PRIZE VERIFICATION: Sponsor reserves the right to request that any participant forward to Sponsor proof of eligibility and/or the original Game Piece with the original Instant Win Codes and/or Codes. Failure to comply with this request within the time stated in the request may cause disqualification. All Game Pieces and materials containing Instant Win Codes may, and Codes will, be reviewed for authenticity. If the proof of eligibility and/or Prize Claim Documents are not received within the time specified on the request you may be disqualified. All submitted materials including but not limited to Game Pieces and Prize Claim Documents become property of Sponsor, and will not be returned.
• 12. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION: Acceptance of prize constitutes permission of winner or the winner' parent/legal guardian for Sponsor, its parent company, affiliates and franchisees to use winner' name, photograph, likeness, voice and biographical information, for advertising/trade/promotional/publicity purposes, in all media now known or hereafter discovered, world wide and on the World Wide Web, and any and all rights to said use, without further notice or compensation or authorization, except where prohibited by law. By participating in the Game and redeeming a prize, participants (or each Minor participant's parent or legal guardian) hereby releases and agrees to hold Sponsor and each of its parent companies, respective franchisees, affiliates, subsidiaries, local corporate advertising cooperatives, advertising/promotion agencies, and all of their respective directors, officers, employees, representatives and agents (collectively, the "Promotion Entities") harmless from and against any and all costs, injuries, losses or damages (whether due to negligence or otherwise) of any kind including, without limitation, death and bodily injury and property damage, due in whole or in part, directly or indirectly, to participation in the Game or any Game-related activity, or the receipt, use or misuse of any prize. Promotion Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, wireless service, telephone or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for programming errors or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture, or loss of, any information.
• 13. MISCELLANEOUS:
  DISQUALIFICATION: It is the participant' responsibility to ensure that he/she has complied with the conditions contained in these Official Rules. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and if for the Late Night Bonus Code prize an alternate winner may be selected. In the event of a dispute as to the identity of an entrant, any text message entry will be deemed submitted by the authorized account holder of the cellular phone number account from which it was sent, any land-line phone entry will be deemed submitted by the authorized account holder of the land-line phone number account from which it was sent, and any on-line entry will be deemed submitted by the authorized account holder of the email address from which it was sent. The authorized account holder shall be the natural person to whom the applicable cellular phone number has been assigned by the wireless or cellular service provider, carrier, or other organization responsible for assigning cellular phone numbers, or the applicable land-line phone number has been assigned by the land-line phone service provider, carrier, or other organization responsible for assigning land-line phone numbers, or the applicable email address has been assigned by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning email addresses. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries will be accepted. Entries made by any other individual or any entity, and/or originating at any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Game. Sponsor is not responsible for printing or typographical errors in any Game-related materials; for stolen, lost, late, misdirected, damaged, incomplete, illegible, or postage-due mail or email; or for transactions that are processed late or incorrectly, or are lost due to computer or electronic malfunction. 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 Game; 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 Game, 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 assumes no responsibility for any damage to an entrant' cellular phone, landline phone or computer by participating in the Game. Game Pieces and Instant Win Codes and Codes themselves will be void if they contain printing or other errors or are printed or produced in error. Game Pieces and Instant Win Codes and Codes themselves are also void if not obtained through authorized, legitimate channels i.e. EBay, barter and transfer, or if any part is defective, illegible, altered, duplicated, photocopied, reproduced, forged, counterfeited, defaced, mutilated or tampered with in any way, or if they contain, or are the result of, a printing, seeding, digital, electronic typographical, mechanical or any other errors. Sole liability for any Game Pieces, or Instant Win Codes and Codes containing printing or any other irregularities and/or errors, or which reveal an illegible or unreadable Instant Win Code or Code (which is not void), or for any irregular on-line play, is limited to replacement with a free randomly selected Instant Win Code or Code or on-line play (as solely determined by Sponsor) while supplies last. Text entries may not include any information in addition to that required or requested by Sponsor pursuant to these Official Rules, and any entries including any such unauthorized information or data (including, without limitation, information or data which: causes the introduction of "viruses," "worms," "trojan horses," or other similar destructive computer programming routines into the systems supporting the game; is unlawful, offensive, threatening; infringes the intellectual property of any person; or which is otherwise not permitted by the applicable wireless carrier) may be intercepted and will be void.
  • a. FORCE MAJEURE: Sponsor reserves the right, without prior notice and at any time, to terminate the Game, in whole or in part, or modify or suspend the Game in any way, if it determines, in its sole discretion, that the Game is impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the proper play, integrity, and/or feasibility of the Game. In the event Sponsor is prevented from continuing with the Game as contemplated herein by any event beyond its control, 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 Game. If the Game is terminated, in whole or in part, before the designated end date, Sponsor will select winners (or the remaining winners, as the case may be) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, for example but not limited to production, seeding, printing, digital, electronic or programming failures, or any other reasons or errors more potential winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded.
  • b. 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 managers are not authorized to modify or amend these Official Rules.
  • c. GOVERNING LAW: By participating in the Game, all participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or involving the rights and obligations of the participant or Sponsor in connection with the Game or related to any dispute which arises out of or is related in any way to the Game shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state' laws.
  • d. LANGUAGE DISCREPANCY: In the event there is a discrepancy or inconsistency between the English language version and the Spanish language version or the French language version of these Official Rules or of any Game materials, the English version shall prevail, govern and control. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Game materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
• 14. ARBITRATION PROVISION: By participating in this Game each participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) participant may have against the Game Entities arising out of, relating to, or connected in any way with the Game, 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 the National Arbitration Forum (the "Forum") and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum; (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 the Forum pursuant to the Code of Procedure (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' decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Game; (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, arbitration can decide only the participant' and/or Sponsor' individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the participant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and the participant is unable (or not required under the applicable Code of Procedure) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the participant' 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' filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) 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 Code of Procedure established by the Forum, 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. For more information on the Forum and/or the Forum' Code of Procedure, participants may visit their Website at www.arb-Forum.com or contact them at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, (877) 655-7755.
• 15. OFFICIAL RULES: These Official Rules will be available at playatmcd.com and at participating McDonald' Restaurants. To receive a copy of the Official Rules, mail a self-addressed stamped envelope with sufficient postage to McDonald' Redemption Center: McDonald's "Pirates Game" - Rules Request, P.O. Box 1517 Elmhurst, IL 60126. All requests must be received by August 31, 2006. Return postage may be omitted on Rules requests that are mailed to a return address located in Vermont or Canada. Limit one request per outer envelope
• 16. WINNERS LIST: For a copy of any legally-required Official Winners List, mail a self-addressed stamped envelope to: McDonald' Redemption Center: McDonald' "Pirates Game" Winners List Request, P.O. Box 1518 Elmhurst, IL 60126. All requests must be received by August 31, 2006. A list of prize winners will be available no sooner than October 31, 2006. Canadian residents may omit return postage. Limit one request per outer envelope.

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