Southern California McDonald’s
Internet Site Terms and Conditions
Please Read the Following Terms and Conditions Carefully
By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.
Restrictions on Use
Material from www.mcdonaldssocal.com and any other World Wide Web site owned, operated, licensed, or controlled by McDonald’s Operators’ Association of Southern California (MOASC) may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of MOASC or McDonald's EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates the intellectual property rights of McDonald’s Corporation (“McDonald’s”). The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by McDonald's. Neither title nor intellectual property rights are transferred to you, but remain with McDonald's, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
You agree not to use the Site to: (a) conduct any illegal activities or upload, post, or transmit any user content that is harmful, harassing, tortious, defamatory, libelous, invasion of another’s privacy, or otherwise objectionable; (b) collect or store personal data about other users of the Site; (c) impersonate anyone else, especially a representative of MOASC, or falsely state or otherwise misrepresent your affiliation with a person or entity or the origin of any user content; (d) upload, post, or transmit any user content, if you do not have the right to do so, or any user content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (e) upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, or “spam”; or (f) upload, post, or transmit any viruses or other computer codes or files that interrupt, destroy, disable, or limit the functionability of any computer software, hardware, equipment, or systems. You also agree not to interfere with, disrupt, or attempt to gain unauthorized access to the Site, or servers or networks connected to the Site.
Restriction of Liability
Neither MOASC or McDonald’s Corporation will be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Neither MOASC or McDonald's will be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence on the part of MOASC or McDonald's or an authorized representative of MOASC or McDonald’s has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. MOASC or McDonald's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this Site.
All remarks, suggestions, ideas, graphics, or other information communicated to MOASC through this site (together, the "Submission") will forever be the property of MOASC. MOASC will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future MOASC operations. Without limitation, MOASC will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, MOASC will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties or to other entities who are not involved in the operation of this site. Information submitted via a number of areas in this site, for instance, Ask The Nutritionist, is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not MOASC have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Except as described otherwise, all materials in the MOASC site are made available only to provide information about MOASC and McDonald's. MOASC controls and operates this site from its public relations agency in Los Angeles, California, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.
The material in this site could include technical inaccuracies or typographical errors. MOASC may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. MOASC DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOASC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOASC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MOASC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
McDonald’s franchisees are equal opportunity employers committed to a diverse workforce. Each franchisee hires its own employees and establish its own terms and conditions of employment, which may differ. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.
MOASC or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from this site, and (b) all related documentation and all copies and installations(together, the "Materials"). MOASC may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. MOASC can revise these Terms and Conditions at any time by updating this posting. McDonald's products and services are available in many parts of the world. However, the MOASC site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by MOASC or McDonald's. MOASC is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by MOASC or McDonald's of the sites.
The links set up on this site are with permission from each affiliate solely as a means to facilitate linkage to their Web site. MOASC's use of the name and/or logo for this purpose does not constitute or imply any affiliation or the endorsement or approval by MOASCS of their products or services. By clicking on the links to other sites, you will be leaving the MOASC Web site and entering an Internet site outside MOASC or McDonald's control. MOASC or McDonald's neither endorses nor is responsible for the content of these Web sites. Likewise, the linked sites do not necessarily endorse McDonald's products or services, nor is it responsible for, the content of MOASC’s Web site.
The following trademarks used herein are owned by McDonald's: 1-800-MC1-STCK, Always Quality. Always Fun., America’s Favorite Fries, Arch Deluxe, Aroma Café, Automac, Big Mac, Big N’ Tasty, Big Xtra!, Birdie, the Early Bird and Design, Black History Makers of tomorrow, Bolshoi Mac, Boston Market, Cajita Feliz, Changing The Face of The World, Chicken McGrill, Chicken McNuggets, Chicken Selects, Did Somebody Say , emac digital, Egg McMuffin, Extra Value Meal, Filet-O-Fish, French Fry Box Design, Fruit Buzz, Gep Op Mac, Golden Arches, Golden Arches Logo, Good Jobs For Good People, Good Times. Great Taste., Gospelfest, Great Breaks, Grimace and Design, Groenteburger, HACER, Hamburglar and Design, Hamburger University, Happy Meal, Happy Meal Box Design, Have You Had Your Break Today?, Healthy Growing Up, Helping Hands Logo, Hey, i'm lovin' it, It Could Happen!, "it's what i eat and what i do", Iam Hungry and Design, Immunize for Healthy Lives, Kiwiburger, Lifting Kids To A Better Tomorrow, Mac Attack, Mac Jr., Mac Tonight and Design, McDonald’s Racing Team Design, Made For You, McBaby, McBacon, McBurger, McBus, McCafe, McChicken, McDia Feliz, MCDirect Shares, McDonaldland, McDonald’s , McDonald’s All American High School Basketball Game, McDonald’s All American High School Jazz Bank, McDonald’s All Star Racing Team, McDonald’s Building Design, McDonald’s Earth Effort, McDonald’s Earth Effort Logo, McDonald’s Express, McDonald’s Express Logo, McDonald’s Is Your Kind of Place, McDonald’s Means Opportunity, McDouble, McDrive, McExpress, McFamily, McFlurry, McFranchise, McGriddles, McGrilled Chicken, McHappy Day, McHero, McJobs, McKids, McKids Logo, McKroket, McMaco, McMemories, McMenu, McMusic, McNifica, McNuggets, McNuggets Kip, McOz, McPlane, McPollo, McPrep, McRecycle USA, McRib, McRoyal, McScholar, McScholar of the Year, McSwing, McWorld, Mighty Kids Meal, Mighty Wings, Millennium Dreamers, Morning Mac, Quarter Pounder, RMCC, RMHC, Ronald McDonald and Design, Ronald McDonald House, Ronald McDonald House Charities, Ronald McDonald House Charities Logo, Ronald McDonald House Logo, Ronald Scholars, Sausage McGriddles, Sausage McMuffin, Single Arch Logo, Speedee Logo, Super Size, Teriyaki McBurger, The House That Love Built, The House That Love Built Design, twoallbeefpattiesspecialsaucelettucecheesepicklesoniononasesameseedbun, Vegi Mac, We Love to See You Smile, What’s On Your Place, When the U.S. Wins You Win, World Children's Day, World Children's Day Logo, World Famous Fries, You Deserve a Break Today, McDWireless.
All other trademarks are the property of the respective trademark owners.
Southern California McDonald's Promotions:
Contest Official Rules. NO PURCHASE NECESSARY. Call 323-762-2407 for questions regarding the Giveaway or these Official Rules.
1. ELIGIBILITY: The McDonald's @McDonalds_SoCal Contest (the "Contest”), brought to you by McDonald'sUSA, LLC (the "Sponsor”), and is governed by these Official Rules. To enter, you must be a Southern California, USA, resident, 18 years of age or older and a member of Twitter at the start of the contest entry period. All entries become the exclusive property of Sponsor. Void where prohibited. Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate.
2. THE CONTEST ENTRY PERIOD: The Contest begins at 12:00 a.m. PDT on August 19, 2013 and concludes 12:00 a.m.PDT on August 21, 2013 ("Contest Entry Period").
3. TO ENTER: Sponsor will give away one $100 McDonald’s gift card and BOGs to other respondents at random. During the contest entry period, the @McDonalds_SoCal Twitter page will announce the requirements for you to have the chance to win one $100 McDonald’s gift card. Please see @McDonalds_SoCal for the current requirements. Winners will be announced on the @McDonalds_SoCal page.
4. ENTRY REQUIREMENTS: By submitting an Entry in the Contest, you hereby warrant and represent that your entry conforms to the requirements set forth herein. Entries must be in English. Entries must meet the following requirements: Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; Entry 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; Entry cannot be obscene or offensive, endorse any form of hate or hate group; Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; Entry cannot contain trademarks, logos or trade dress owned by others or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples" other than the musical tracks provided) without permission; Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than entrant, without permission; Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and Entry cannot depict, and cannot itself, be in violation of any law. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant. ENTRIES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.
5. PRIZE DETAILS: APPROXIMATE RETAIL VALUE (“ARV”) AND ODDS OF WINNING A PRIZE: One entrant will be selected at random to win a $100 McDonald’s gift certificate. Other entrants will be picked at random to receive BOGs. Not all entrants will win a BOG. Winner must accept prize as specified by Sponsor and on dates designated by Sponsor, or prize will be forfeited. Prize cannot be assigned, transferred, or substituted except by Sponsor who may, at its sole discretion, substitute any prize with one of comparable value if the advertised prize becomes unavailable for any reason.
6. CONDITIONS OF PARTICIPATION: Participants agree (a) to these Official Rules and the decisions of Sponsor which are final and binding, (b) that Sponsor, its parent, subsidiary and affiliated companies, advertising and promotion agencies, and all of their officers, directors, employees, representatives and agents will have no liability whatsoever for, are released and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest or Contest-related activities (c) except where legally prohibited, winner grants (and agree to confirm that grant in writing) permission to Sponsor and those acting under Sponsor’s authority the right to the use of his/her name, photograph, likeness, voice, image and biographical information and statements and the Entry for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.
7. REQUIRED DOCUMENTATION: All Winners will be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release within seven (7) days after notification. If documents are not returned on a timely basis, or if any prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited. Should a prize be won by a minor, all affidavits, releases and other documents must be executed by the parent or legal guardian of the minor, on behalf of himself and the minor, or prize may be forfeited. Prize may be awarded in the name of, or to, minor winner’s parent or legal guardian. Taxes on a prize are solely the responsibility of the winner.
8. GENERAL PROVISIONS: Neither Sponsor nor its agencies are responsible for not receiving entries, no matter what the reason even if known in advance, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or the failure to capture any such information. Persons who tamper with any aspect of the Contest, as solely determined by the Sponsor, or who attempt to participate with multiple email addresses or under multiple identities will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries and disqualify any entrant using such methods. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest. In case of dispute, the authorized subscriber of the email account used to enter the Contest at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules.
9. ARBITRATION: By participating in this contest in the Territory (excluding Canada) each Participant (and his/her parent/legal guardian if the participant is a minor) 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 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 U.S.C. §§ 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 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 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’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, Participants may visit the AAA Website at http://www.adr.org, or contact AAA AT 1633Broadway, 10th Floor, New York, New York 10019;OR BY EMAIL AT [email protected].
10. WINNER’S LIST: For the names of the winners, write your name and address on a 3”x5” card, and mailin first-class, stamped envelope to: McDonald's @McDonalds_SoCal Winners List, 6755 Hollywood Blvd., Seventh Floor, Los Angeles , CA, 90028 for receipt by Riana Dadlani. 12. SPONSOR: McDonald’s USA, LLC, 2111 McDonald's Dr., Oak Brook, IL 60523. Do not send correspondence to this address.