Something’s fishy here @ Tongal. The good kind of fishy... McDonald’s® is introducing a new, great-tasting fish option: Fish McBites™
If you loved McDonald’s Chicken McBites, then you are about to get reel-y excited for Fish McBites. They are crispy, tender pieces of poppable white flaky Alaskan Pollack – responsibly sourced and wild caught from sustainable fisheries.
Imagine, if you will, a taste explosion of delicious, bite-sized fish. Now combine that flavor fracas with these rockin’ rhythms as you create the coolest McDonald’s Fish McBites music video imaginable.
Play that funky music, here.
The goal of this project is to create an awesome, unique and creative 30 second music video to this hot new track. (.mp3 file can be downloaded from the Assets tab.) We’re looking to you, the tastemakers of Tongal, to produce a fun, “catchy” music video that celebrates the launch of McDonald’s new Fish McBites. Make something so stellar that you’ll want to share it with everyone you know!
You may recall Frankie and his “Give me back that Filet-O-Fish” song from the McDonald’s commercial a few years back. Feel free to leverage Frankie’s image but please note only this new song may be used in your video.
McDonald's® is not seeking commercials or sales pitches -- they’re asking for short, entertaining music videos that bring the “Fishy Fishy” song to life.
--Tone: Fun, Funny, Exciting, Creative, Unique and Culturally-Relevant.
--Target Audience: Multi-Cultural Adult Ages 18-34 (Millennials).
--Note: Note that winning videos will be tagged with McDonald’s branding after they’ve been produced.
This project is open only to residents of the fifty (50) United States and District of Columbia who are at least thirteen (13) years of age at time of initial participation.
This project is open only to residents of the fifty (50) United States and District of Columbia who are at least thirteen (13) years of age at time of initial participation.
This project will be worth a total of $40,000 and consist of two phases, a Pitch Phase and a Video Phase. Be sure to read the following information carefully as well as the Official Rules.
PHASE 1: PITCH – Using text (500 characters or less), images (storyboards), video, and external links (to other supporting assets, i.e., your reel, etc.), give us your Pitch (What Is a Pitch Phase?) for how YOU would go about producing a 30 second music video based on the Project Objective. The FIVE most compelling Pitches will be selected and the Pitch Phase winners will receive $500 to help create their Video. Those winners (upon submitting their Winner's Affidavit and IP Assignment) will also be GUARANTEED a winning place in the subsequent Video Phase. So, if your Pitch is selected and you submit a video during the Video Phase, you will win an additional $1,000, at a minimum, and have a chance to compete for the $16,500 first place Video prize (subject to deduction for one-time 5% residual payment). Remember your Pitch can include any, and all, of the assets mentioned above and you MUST include a link to some of your previous video work on Tongal or elsewhere to be considered for this phase. For an example of an effective pitch, check out Sean Clark’s winning Benjamin Moore “Find Your Perfect Color” Pitch. All Pitches will remain private until after the winners of the Video Phase are announced and the Project is complete. Alternatively, even if you don’t win the Pitch Phase or choose not to create a pitch, you will still have the opportunity to create a “Wild Card” video completely of your own creative devices during the Video Phase.
PHASE 2: VIDEO – The FIVE winners from the Pitch Phase will create a 30 second music video based upon their winning Pitches, and all other creators are invited to enter a “Wild Card” (What Is a Wildcard?) submission that is not based on any winning material from the previous phases. The Judges will score all Wild Card Videos and the three (3) highest scoring Wild Card Videos and the 5 winning Videos submitted by Pitch winners to determine the eight (8) Video finalists. Those eight (8) Video finalists will be required to do a round of revisions without receiving additional compensation. A final order will be determined after the revisions are completed on the Videos. Remember, the FIVE Pitch winners, along with THREE non-Pitch Video creators, will receive prizes.
--Video Phase Payout: Winners of the Video Phase will earn the following prizes: 1st place $16,500, 2nd place $8,000, 3rd place $4,000, 4th place $3,000, 5th place $2,000, 6th place $2,000, 7th place $1,000, and 8th place $1,000.
McDonald’s® Music Video Project Details and Rules
THESE “PROJECT DETAILS” ARE A PART OF AND IN ADDITION TO THE TONGAL.COM OFFICIAL RULES. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THE TONGAL.COM OFFICIAL RULES AND THESE PROJECT DETAILS, THE PROVISIONS IN THESE PROJECT DETAILS WILL GOVERN. BY ENTERING THIS CONTEST, YOU AGREE TO THESE PROJECT DETAILS AND THE TONGAL.COM OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. IF YOU ARE A MINOR WINNER IN THIS CONTEST, YOUR PARENT OR LEGAL GUARDIAN WILL BE REQUIRED TO PARTICIPATE IN THE VERIFICATION AND FULFILLMENT PROCESS.
WINNER(S) WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR WITHIN FORTY-EIGHT (48) HOURS OR OTHER TIMEFRAME SPECIFIED IN THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION). WINNING ENTRIES WILL BE OWNED BY MCDONALD’S USA, LLC AND MAY BE POSTED ONLINE AND ELSEWHERE.
OVERVIEW:
The McDonald’s® Fish McBites Music Video Project (“Contest”) begins at 9:00:00 a.m. Pacific Time ("PT") on December 19, 2012 and ends at 9:00:00 a.m. Pacific Time ("PT") on February 6, 2013 (“Contest Period”). The Contest consists of two (2) phases of participation. The first phase runs from the beginning of the Contest Period and ends at 9:00:00am PT on January 4, 2013 (“Phase 1 Entry Period”). Eligible individuals may participate in the first phase of the Contest by submitting a Pitch in 500 characters or less via Tongal.com as more fully described below. The second phase begins at 9:00:00 a.m. PT January 11, 2013 and ends at the end of the Contest Period (“Phase 2 Entry Period”). Eligible individuals may participate in the second phase of the Contest by creating and submitting a Video via Tongal.com as more fully described below.
ELIGIBILITY:
The Contest is open only to residents of the fifty (50) United States and District of Columbia who are at least thirteen (13) years of age at time of initial participation. To be eligible you must have a valid Tongal.com account, Internet access and a valid e-mail address. Persons in any of the following categories are NOT eligible to participate or win any prize in the Contest: (a) persons who on or after December 19, 2012 were or are franchisees, directors, officers, employees or agents of McDonald’s USA, LLC (“Sponsor”), or its parent, subsidiaries, or affiliated companies, franchisees, or service agencies, or independent contractors of any of the above (collectively, the “Sponsor Entities”); (b) individuals engaged in the development, production or distribution of materials for this Contest, including, without limitation, Tongal, Inc. (“Tongal”) (collectively and together with the Sponsor Entities, the “Contest Entities”); and (c) persons who are immediate family members (defined as spouse, IRS dependent, or biological, foster, or adoptive step- mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in any of the preceding categories, regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories. Any person who has been convicted in a court of law or who entered a plea of guilty or no contest to any felony is not eligible and cannot participate. The Contest is void where prohibited by law. Participation in this Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Project Details, the Tongal.com Official Rules and the decisions of Sponsor, which will be final and binding. If a participant is an eligible minor in his or her state or jurisdiction of residence, his or her parent or legal guardian agrees to these Project Details and the Tongal.com Official Rules along with and on behalf of his or her minor child. All rights and responsibilities of a minor under these Project Details and the Tongal Official Rules are conferred and assumed respectively by the minor’s parent or legal guardian in representation of the minor.
TO ENTER:
PHASE 1: To participate in Phase 1, eligible individuals (see “Eligibility” section above for eligibility requirements) must create a Pitch for an entertaining music video for the new song in five-hundred (500) characters or less (“Pitch”) and then logging in and following the on-screen links and instructions to submit the Pitch and all required information via Tongal.com (“Web Site”) during the Phase 1 Entry Period. All Pitches must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Project Details and the Tongal.com Official Rules. Limit five (5) Pitches per person and per Tongal.com account.
PHASE 2: To participate in Phase 2, eligible individuals (see “Eligibility” section above for eligibility requirements) must create an entertaining music video for the new song based on their winning Pitch if they were a winner in Phase 1 of the Contest or a “Wild Card” submission not based on any winning Pitches from the previous phase. Eligible individuals must then log in and follow the on-screen links and instructions to submit the Video and all required information via the Web Site during the Phase 2 Entry Period. All Videos must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Project Details and the Tongal.com Official Rules. Limit five (5) Videos per person and per Tongal.com account. If there are fewer than twenty (20) eligible Videos submitted during the Phase 2 Entry Period, Sponsor reserves the right to revise the Phase 2 Entry Period and/or Contest Period, including, without limitation, extending the Phase 2 Entry Period by fourteen (14) days, and otherwise modify the Contest as time permits and as deemed appropriate in Sponsor’s sole discretion.
The following applies to all participation in both phases of the Contest: Pitches and Videos together will be referred to as “Entrant Content.” Entrant Content received during the Contest Period and recorded on the Web Site as of the end of each respective phase will be judged as more fully detailed in the “Winner Selection” section below among all other eligible Entrant Content received during the same phase of the Contest Period. The Web Site’s database clock will be the official timekeeper for this Contest. For purposes of this Contest, only submissions actually received and recorded through the Web Site on the Web Site’s servers will be considered. Other proof of submitting or attempting to participate (such as, without limitation, a printed, saved or copied automated receipt confirming entry or a “thanks for entering” screen or message) does not constitute proof of actual receipt of the Entry for purposes of this Contest. Entries must be submitted and received by Sponsor during the Contest Period through the Web Site and in strict accordance with the instructions and restrictions on the Web Site, the Tongal.com Official Rules, and these Project Details. As a condition of entering the Contest, without limiting any other provision in these Project Details, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. ENTRIES MAY NOT BE ACKNOWLEDGED OR RETURNED AND MAY BE DESTROYED.
SUBMISSION REQUIREMENTS:
Entrant Content must meet all of the following requirements in Sponsor’s sole discretion or the associated participant will be disqualified (please also review the Tongal.com Official Rules for additional submission requirements):
• Pitches must be written in English and MUST NOT exceed five-hundred (500) characters in length.
• Videos MUST NOT exceed thirty (30) seconds in length. Preferred format is HD 720p 16x9. Acceptable file formats are .mov, .avi, .mp4, .wmv. Acceptable codecs are H.264 (MP4), MPEG-4, H.263, MPGV, WMV, DivX.
• Videos must be in English or subtitled in English, as applicable.
• Unless specified otherwise in these Project Details, all Entrant Content must be your own original creation or in the public domain and free of any copyrighted material (such as, without limitation, music, movie, or third party video clips or fictional characters). You must provide detailed information of your Entrant Content regarding the source, the creator and background information as requested by Sponsor or Tongal.
• Entrant Content MUST NOT be a commercial or sales pitch for McDonald’s restaurants, Fish McBites, or any other McDonald’s product or service. Entrant Content may, but is not required to include or depict a trademark or logo owned by Sponsor for purposes of participating in this Contest only, but doing so will not affect the likelihood of winning a prize.
• Entrant Content MUST NOT contain any music other than the new song that is provided by Tongal via McDonald’s.
• In addition to the standard Tongal documentation such as an IRS Form W-9, Winner Affidavit, and IP Assignment, each creator of a Winning Pitch and Winning Video must also provide a Talent Release, Location Release or other documentation related to any third party assets or features appearing or identified in the Pitch or Video at Sponsor’s or Tongal’s request.
• Entrant Content MUST NOT contain any profanity, offensive language, or otherwise objectionable material.
• Entrant Content MUST NOT reflect negatively on any Contest Entity or any of their products or services, the Contest or any other person or entity.
• Winning Video creators MUST also provide completed and signed documentation, including, without limitation, releases and permissions as applicable for all assets appearing in the video, as well as the project files, editing sequence and an uncompressed QuickTime .mov file in either Animation or ProRes 422 codecs at either 1920x1080 or 1280x720 to claim their prize.
• If Entrant Content depicts, identifies or includes any third party individual, entrant must have all permissions and rights from that individual (and his/her parent or legal guardian, if a minor) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
• Entrant Content MUST NOT identify, reference, or depict any company other than Sponsor or any other person’s or company’s brands, products, or services.
• Entrant Content MUST NOT contain any advertising.
• Entrant Content MUST NOT create or imply any association between Sponsor and any individual, entity, or anyone else or his, her, or its products, trademarks, logos or services or any indicia of any company.
• Entrant Content must be suitable for presentation in a public forum.
• Entrant Content MUST NOT suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
• Entrant Content MUST NOT be inconsistent with Sponsor’s brand image or communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate.
• Entrant Content MUST NOT contain any virus, bugs, or other deleterious material.
• Entrant Content MUST NOT be sexually explicit or suggestive, unnecessarily violent or derogatory, cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
• Entrant Content MUST NOT be obscene or offensive, or endorse any form of hate or hate group.
• Entrant Content MUST NOT must not contain defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic group, threats to any person, place, business, group or world peace.
BY SUBMITTING A VIDEO ENTRY TO TONGAL.COM, YOUR SUBMISSION IMMEDIATELY BECOMES SOLELY THE PROPERTY OF TONGAL – SEE OFFICIAL RULES FOR MORE DETAILS ABOUT OWNERSHIP OF ENTRIES. YOU MAY NOT PUBLICLY SHARE OR PUBLISH YOUR SUBMISSION IN ANY MANNER AND YOU MAY NOT POST OR UPLOAD YOUR SUBMISSION TO ANY WEB SITE OR VIDEO HOSTING SITE (INCLUDING, BUT NOT LIMITED TO, FACEBOOK, YOUTUBE OR VIMEO), WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF TONGAL. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY RESULT IN DISQUALIFICATION OF YOUR ENTRY IN THE PROJECT.
Entrant agrees that his/her participation in the Contest and agreement to these Project Details and any Released Party’s (as defined in the Tongal.com Official Rules) display and use of the Entrant Content will not violate any agreement to which entrant is a signatory or party, including, without limitation, any guild or union membership terms or agreements.
Entrant agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content.
Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from displaying or publishing any entry or Entrant Content that, in its sole discretion, does not comply with these requirements or these Project Details. Sponsor reserves the right in its sole discretion to provide a participant with the opportunity to correct a deficiency and resubmit the Entrant Content by the applicable deadline and to edit any Entrant Content.
ALL ENTRANT CONTENT REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF SUCH CONTENT AND HAS NO OBLIGATION TO AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING OR REVIEWING SUCH CONTENT.
WINNER SELECTION/NOTIFICATION:
PHASE 1: Eligible Pitches will be judged by a panel of judges chosen in Sponsor’s sole discretion (“the Judges”), based on the following criteria according to the percentage weights indicated: creativity (34%); entertainment value (33%); and fulfilling the project objective (33%) (“Pitch Criteria”). The Pitch Criteria will be used to determine the top five (5) Pitches based on an overall combined score. The five (5) Pitches receiving the highest combined scores will each become a winning Pitch, subject to verification (each a “Winning Pitch”).
PHASE 2: Eligible Videos will be judged by the Judges, based on the following criteria according to the percentage weights indicated: creativity (25%); entertainment value (25%); production quality (25%); and fulfilling the project objective (25%) (“Video Criteria”). The Video Criteria will be used to determine the top eight (8) Videos based on an overall combined score. The eight (8) Videos receiving the highest combined scores will each become a winning Video, subject to verification (each a “Winning Video”). In the event of a tie in the selection of a Winning Video, the tie will be broken by naming as a Winning Video the Video with the higher score in the creativity category. If there is still a tie, the tie will be broken by naming as the Winning Video the Video with the higher score in the fulfilling the project objective category.
The following applies to both phases of the Contest: AS A CONDITION OF PARTICIPATING, EACH PARTICIPANT WHO SUBMITS ENTRANT CONTENT THAT IS DEEMED EITHER A WINNING PITCH OR WINNING VIDEO AGREES THAT SPONSOR MAY RUN A BACKGROUND CHECK ON HIM OR HER AND AGREES TO READ, SIGN, AND RETURN RELATED DOCUMENTATION TO SPONSOR OR TONGAL WITHIN THE TIMEFRAME REQUIRED AND AS REQUESTED BY SPONSOR, WHICH MAY BE AS EARLY AS TWENTY-FOUR (24) HOURS AFTER NOTIFICATION FROM SPONSOR OR TONGAL. Sponsor reserves the right to contact participants for verification purposes and administration of the Contest. Entrants acknowledge that other entrants may have created ideas and concepts contained in their Entrant Content that may have familiarities or similarities to his/her Entrant Content, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Sponsor or its designee will attempt to notify each participant with a Winning Pitch and Winning Video to inform him/her that he/she has been selected as the potential winner in this Contest on or about January 4 (Pitch) after the end of the respective phase by February 6 (Video) by email, in Sponsor’s sole discretion. If any prize, prize notification or Contest-related communication is rejected, faulty, or returned as undeliverable, if the potential winner does not respond according to the notification’s or Sponsor’s instructions, if the winner cannot attend or participate in any portion of the prize, if the winner or potential winner fails to comply with these Project Details, or if a potential winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion) or does not respond according to the notification’s or Sponsor’s instructions, that winner or potential winner may be disqualified and an alternate winner may be selected by applying the winner selection procedures described above. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. To claim a prize, winner must follow the directions in his or her notification.
PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”):
The participants with the five (5) Winning Pitches, subject to verification, will each receive a check (or PayPal) for $500 made payable in his or her name.
| Individual ranks will not be applied to the Winning Pitches and a flat prize of $500 will be awarded to each Winning Participant: | Value of check prize to the participant with the Winning Video: |
| 1 | $500 |
| 2 | $500 |
| 3 | $500 |
| 4 | $500 |
| 5 | $500 |
Each participant with one (1) of the eight (8) Winning Videos, subject to verification, will receive a check (or PayPal) for the corresponding amount made payable in his or her name as follows:
| Ranking of the Winning Video based on the overall score after applying the Video Criteria: | Value of check prize to the participant with the Winning Video: |
| 1 (Highest overall score of the top 10 Winning Videos) | $16,500 |
| 2 | $8,000 |
| 3 | $4,000 |
| 4 | $3,000 |
| 5 | $2,000 |
| 6 | $2,000 |
| 7 | $1,000 |
| 8 | $1,000 |
Total ARV of all prizes: $40,000. Prize elements will only be mailed/sent to winner’s address in one (1) of the fifty (50) United States or the District of Columbia in Sponsor’s sole discretion. Prizes specified in these Project Details, if legitimately claimed, will be awarded. Prize details not specifically stated in these Project Details will be determined in Sponsor’s sole discretion. All federal, state and local taxes, as well as any expenses not specified in these Project Details as being provided as part of the prize, are the sole responsibility of each winner. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the specified prizes in these Project Details will be awarded. Tongal is the administrator of this program.
ENTRANT CONTENT RIGHTS:
AS MORE FULLY DETAILED IN THE TONGAL.COM OFFICIAL RULES, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT ALL RIGHTS OF OWNERSHIP RELATED TO ANY IDEA AND VIDEO HE OR SHE SUBMITS IN CONNECTION WITH THE CONTEST ARE AUTOMATICALLY TRANSFERRED TO TONGAL OR SPONSOR, AS APPLICABLE. Each participant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, Entrant Content, or any derivative works, infringe or violate any of participants rights (including MORAL RIGHTS) therein.
Each participant acknowledges and agrees that nothing in these Project Details will require any Released Party to use the Entrant Content in part or in whole or to include the Entrant Content in any Released Party-related property, including, without limitation, any Released Party’s web site or any other online or offline property. Each participant hereby acknowledges and agrees that the relationship between the participant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the participant’s decision to submit his/her Entrant Content for purposes of the Contest does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Project Details. Each participant understands and acknowledges that the Released Parties have wide access to ideas, essays, and other literary materials. Each participant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her Entrant Content and/or each other in idea, format, or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of a Released Party’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each participant acknowledges and agrees that the Released Parties do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the participant’s copyright in and to his/her Entrant Content. Each participant acknowledges that, with respect to any claim by participant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Released Party property or production, and participant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
GENERAL RULES: Participants agree to not damage or cause interruption of the Contest and/or prevent others from using the Contest. Sponsor’s failure to or decision not to enforce any provision in these Project Details will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Project Details (including any alleged discrepancy or inconsistency in these Project Details), it will be resolved in Sponsor’s sole discretion. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Project Details, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Project Details will 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 Project Details will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Project Details in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Potential winner may be required to provide Sponsor with proof that he/she is the Authorized E-mail Account Holder (as defined in the Tongal Official Rules) of the e-mail address associated with the potentially winning submission. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
ADDITIONAL DISCLAIMERS: Released Parties 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 entrant’s e-mail account to receive e-mail messages. Released Parties are not responsible, and may disqualify an entrant, if his or her e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. Without limiting any other provision in these Project Details, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Contest activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
Disputes/Governing Law:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Project Details and the Tongal.com Official Rules or the rights and obligations as between a participant and the Contest Entities in connection with the Contest 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.
By participating in this Contest, each participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) a participant may have against the Contest Entities arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of a prize, or the determination of the scope, enforceability or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“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 USC. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for the participant), or at such other location as may be mutually agreed by the 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 participant may have entered into in connection with the Contest; (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 a given 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) the participant and Sponsor shall be entitled to recover punitive, incidental and/or consequential damages only to the extent permitted by law; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the participant’s 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’s 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 Rules and Procedures established by AAA, 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 AAA and/or AAA Rules and Procedures, persons may visit the AAA Website at http://www.adr.org, or contact AAA at 1633 Broadway, 10th Floor, New York, New York 10019.
WINNER’S LIST/PROJECT DETAILS:
To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Contest Period: McDonald’s Bite-Sized Video Project Winners, P.O. Box 3193, Oak Brook, IL 60522-3193. For a copy of these Project Details during the Contest Period, visit the Web Site or send a self-addressed stamped envelope to the following address for receipt during the Contest Period: McDonald’s Bite-Sized Video Project Winners, P.O. Box 3193, Oak Brook, IL 60522-3193. Only one (1) request of either type per outer envelope will be fulfilled. VT residents may omit return postage for rules requests).
THE SPONSOR OF THIS CONTEST IS: McDonald’s USA, LLC, 2111 McDonald’s Dr., Oak Brook, IL. 60523.
© 2012 McDonald’s