McDonald’s®HACER®

Education Tour

In partnership with

2020 Workshops: A Virtual Experience

2020 McDonald’s® HACER® Education Tour Sweepstakes

 

OFFICIAL RULES

 

  • NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
  • VOID WHERE PROHIBITED BY LAW.
  • AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
  • ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

 

BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

  1. Eligibility. The 2020 McDonald’s® HACER® Education Tour Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents and physically located in the United States. Employees, officers and directors of CoolSpeak (“Sponsor”), the Loud And Live Marketing Inc. (“Administrator”), their parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize provider (collectively, the “Sweepstakes Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Sweepstakes or win a prize.  For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.  Void where prohibited by law.  By entering or participating in the Sweepstakes, entrants agree to be bound by these “Official Rules” which are binding and final on matters relating to this Sweepstakes, including, without limitation, interpretation of the Official Rules.

 

  1. Sweepstakes Period. Entries will be accepted starting at 12:00 PM Eastern Time (“ET”) on Wednesday, October 14, 2020 and ending at 11:59 PM Eastern Time on Saturday, November 21, 2020 (“Contest Period”).

 

  1. How to Enter. For the Sweepstakes, Sponsor will host Ten (10) virtual workshops (“Event”), During educator and parent workshops, a will have one (1) way to enter, one (1) text “HACERmore” to 866-213-5881. During student workshops, attendees will have one (1) way to enter, attendees to post a picture on their social media outlet, #HACERmore, and tag @McDonald’s, @CoolSpeak, @la_julissa. Limit of one (1) entry per person for the Sweepstakes.  Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor and Administrator may be disqualified at Sponsor’s and Administrator’s sole and absolute discretion.  All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s and Administrator’s sole and absolute discretion.  Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void.  All entries become the physical property of Sponsor and will not be acknowledged or returned.  Assurance of delivery of entries is the sole responsibility of the entrant.

 

Winners of the Sweepstakes will be selected at random under the supervision of the Sponsor. Winners will be notified via phone, SMS, email, and/or direct messaging via social media within one (1) day following the winner selection CoolSpeak and Loud And Live Marketing Inc. shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 3 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.

 

The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

 

 

  1. Event Winner Prizes and Values. For the educator and parent workshops; Sponsor will be awarding : fifty (50)McDonald’s® Arch Cards at a $25 value, two (2) $500 Walmart gift cards and McDonald’s® merch pack consisting of one (1) McDonald’s® World Famous Fries Tote Bag, one (1) white cropped Arches lanyard, one (1) Happy Meal Smile stainless steel tumbler, one (1) McDonald’s® notebook and pen, one (1) Mini Pop Socket®, and one (1)  white Arches cap. For the student workshops; Sponsor will be awarding one hundred (100) McDonald’s® Arch Cards at a $25 value, two (2) Air pods Pro, and one (1) MacBook Air. Actual retail value of Prize may vary. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion.  All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with his/her prizes, the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  In the event a winner (and/or his or her companion) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize, All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Prize winners will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used.  The approximate retail value (“ARV”) of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed prizes will be forfeited.  McDonald’s is not responsible for administering this Promotion or selecting the winners. Any personal information collected in connection with this Promotion may be shared with McDonald’s or its agents, and will otherwise be used in accordance with the privacy policy found on the 2020 McDonald’s® HACER® Education Tour website.

 

  1. General Conditions. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials.

 

Should any portion of the Sweepstakes be, in Sponsor’s or Administrator’s sole opinion, compromised by non-authorized human intervention or other causes which, in the sole opinion of the Sponsor and/or Administrator, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Sweepstakes be unable to run as planned for any other reason, Sponsor and/or Administrator reserve the right, in its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. 

 

  1. Release. By participating in the Sweepstakes, entrant agrees to release, discharge and hold harmless the Sweepstakes Entities including McDonald’s and its parent company, subsidiaries, affiliates, franchisees and employees, and each of their respective directors, officers, employees, agents, successors, and assigns;  (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries (including bodily injury or death) of any kind arising out of or related to entrant’s participation in the Sweepstakes and/or related to any prize or prize component (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize).  Without limiting the generality of the foregoing, entrant agrees that Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose; (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties.  Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor and/or Administrator are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.

 

  1. Publicity Release. Subject to applicable law, Winners irrevocably grant the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the Winners.

 

  1. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes.  Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

 

  1. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, Administrator or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

 

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

 

  1. Identification of Sponsor and Administrator. This Contest is sponsored by: CoolSpeak, 148 Stone Hill Drive, Pottstown, PA 19464 and administered by Loud And Live, Marketing Inc., 2301 NW 87th Avenue, 6th Floor, Doral, FL  33172, (305) 456-5444.  Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.

 

  1. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes -related materials, privacy policy, or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.  McDonald’s agrees to indemnify and hold Loud And Live Marketing Inc., its parent company, subsidiaries and affiliates, and their respective officers, directors, employees, agents and assigns, harmless from and against any and all third party claims of any kind or nature whatsoever arising from or relating to McDonald’s failure to provide the prizes in accordance with the Prize Description. Loud And Live Marketing Inc. acknowledges that McDonald’s has agreed to provide the prizes set forth in the Prize Description document in reliance upon the terms and conditions stated herein.