McDonald’s Kerwin Frost Box Appstakes (“Appstakes”)
Official Rules (the “Official Rules”)
McDonald’s Restaurants of Canada Limited (“Sponsor”) is providing its customers with a Kerwin Frost Box Appstakes at McDonald’s restaurants in Canada (“Appstakes”) through its McDonald’s app (the “App” or “McDonald’s app”) that features a special Kerwin Frost box for a 10-piece Chicken McNuggets® Extra Value Meal (“EVM”) or Big Mac® EVM. The App provides customers with various weekly food discounts or other food-related offers, nutrition information and benefits. The food discounts and other food-related offers may vary in content and number in different regions of Canada. The App offers customers the ability to place orders, earn or redeem MyMcDonald’s Rewards points, redeem offers or deals and, if required, pay for those offers, deals or orders via a valid charge, credit or debit card (a “Payment Card”) that the customer enters in their App settings in order to easily place an order for pick up at a participating McDonald’s restaurant via “Mobile Ordering”.
An Eligible Person (refer to Rule 2) can participate in this Appstakes without making a purchase by following the instructions found in Rule 5.B. An Eligible Person (refer to Rule 2) who has an entry (an “Entry”) into the Appstakes recorded on their behalf is called a “Participant”. Participants agree to comply in full with all of the provisions of these Official Rules. A Participant who wishes to download, register and activate the App to participate in the Appstakes will need an electronic device that is compatible with the App’s system requirements (“Digital Device”) and a valid email address. The Participant then must download the free App from the App Store on iOS, or Google Play on the Android operating system, and install and activate the App on their Digital Device. Go to Rule 10 for Digital Device requirements.
2. Conditions of Eligibility.
Subject to the provisions of this Rule 2, the Appstakes is open to individuals residing in Canada who have reached the age of majority at the time they become a Participant.
Persons in any of the following categories are not eligible to participate in or to win the prize (the “Prize”) in the Appstakes:
- a. any person who is not a resident of Canada;
- b. any person who, on or after June 1, 2023, was or is a director, officer, employee, member, manager, agent or franchisee of any of the Appstakes Entities (refer to Rule 3);
- c. any individual engaged in the development, production or distribution of materials for the Appstakes; and
- d. any person who is or purports to be an immediate family member (defined as spouse, dependent for federal income tax purposes, siblings, or step-, biological, foster, in-law or adoptive parents, siblings or children) of, or who resides or is domiciled in the same household as, any person in any of the preceding categories.
In these Official Rules, a person who is eligible to enter the Appstakes is called an “Eligible Person”.
3. Appstakes Entities.
In these Official Rules, the term “Appstakes Entities” means Sponsor and its respective parent companies, subsidiaries, affiliates or related companies, franchisees, local advertising cooperatives and app developers, digital/advertising/promotion agencies and the Redemption Centre (defined in Rule 6).
4. The Entry Period.
The Appstakes period begins on December 11, 2023, at 12:00:00 a.m. local time (“LT”) and ends on December 18, 2023, at 11:59:59 p.m. LT (the “Appstakes Period”).
5. How To Enter.
An Eligible Person who wishes to enter the Appstakes using the McDonald’s app must have the McDonald’s app installed on their Digital Device and have a valid email address, postal code, and Payment Card (if using Mobile Ordering) registered in the App settings. An Eligible Person may also enter the Appstakes without making a purchase as outlined in Rule 5.B. An Eligible Person may enter the Appstakes by:
A. Purchasing a 10-pc Chicken McNuggets® EVM or Big Mac® EVM in the Kerwin Frost Box Using the McDonald’s App:
An Eligible Person will earn one Entry by (i) using the App to complete a transaction that includes a 10-pc Chicken McNuggets® EVM or Big Mac® EVM in the Kerwin Frost box via counter, kiosk or drive-thru or for McDelivery® in the App, or (ii) scanning or providing their MyMcDonald’s Rewards code when completing a transaction (which occurs when the Eligible Person picks up the order at the restaurant) that includes a 10-pc Chicken McNuggets® EVM or Big Mac® EVM in the Kerwin Frost box at an in-restaurant counter, kiosk or drive-thru. One Entry will be recorded on behalf of the Participant when they complete the order purchase (via points, mobile order pay, or cash) using the App at a participating McDonald’s restaurant.
Note: If by reason of any problem, whether mechanical, technical, due to human error or omission or other means the order cannot be completed, no Entry will be recorded. Please refer to the instructions below in Rule 5.B. for no purchase Entry
B. Entry Via Mail Without Making a Purchase:
If an Eligible Person wishes to have one Entry recorded on their behalf without making a purchase, that Participant must submit an entry by mail (a “Mail-in Entry”) as follows: The Participant must manually print in ink and legibly on a piece of paper their complete name, street address (including unit number (if applicable), province/territory and postal code), a daytime telephone number (including area code) and their valid email address; then, that Participant must place that paper in a postage-paid envelope and mail it to: McDonald’s Kerwin Frost Box Appstakes Entry, P.O. Box 12523, Saint John, NB E2L 5R2. A Mail-in Entry must be postmarked no later than December 18, 2023, for receipt by December 27, 2023 (the “AMOE Received By Date”). Outer envelopes for Mail-in Entries with no return address will NOT be honoured. Mail-in Entries that are sent in business-reply envelopes, sent in envelopes that utilize or bear address labels or stickers, that are photocopied, hand-stamped, computer-generated or otherwise mechanically produced or reproduced, that are not addressed manually in ink, that fail in any way to comply with the requirements set out above in this sub-paragraph or that are not mailed separately in separate envelopes bearing sufficient postage will NOT be honoured (i.e., there can be only one Mail-in Entry per envelope). If a Mail-in Entry is not received by the AMOE Received By Date, no Entry will be recorded on behalf of the person who submitted that envelope. One Entry will be recorded on behalf of a Participant for each Mail-in Entry they submit during the Appstakes Period that is received on or before the AMOE Received By Date, subject to the daily limit set out below in Rule 5.D. that is in full compliance with the requirements set out in this Rule 5.B. (Each Entry, including a Mail-in Entry, are collectively referred to as “Entries”.)
There is a limit of one Entry per Eligible Person per day (based on local time) regardless of method of entry. Only one Entry will be recorded on behalf of the Participant per transaction regardless of the number of qualifying meals purchased in the same transaction. There is a limit of one Prize per Participant in connection with the Appstakes.
6. How To Win.
A. McDonald’s Appstakes Draw/Winner Notification and Odds of Winning:
On or about January 8, 2024, at 1:00:00 p.m. LT, the Sponsor’s redemption centre (“Redemption Centre”), located at 345 N. Morgan, Suite 1000, Chicago, IL 60607, USA, will randomly select one thousand potential winning Entries and three backup potential winning Entries (each a “Backup Entry”) for each Prize from among all eligible Entries recorded during the Appstakes Period. Subject to the provisions of these Official Rules, the Participant whose Entry is selected first as a potential winning Entry will be the potential Prize winner, and that potential Prize winner will be notified to that effect by the Redemption Centre by email with a link to a bilingual prize claim form which may contain additional declaration(s) and release(s) (“Prize Claim Form”) that will be sent within approximately two business days following the date of the draw to the email address associated with the potential Prize winner’s App account or, in the case of a Mail-in Entry, to the email address provided in the Mail-in Entry. The potential Prize winner will be required to complete and submit the Prize Claim Form to the Redemption Centre by the date stated in the notification email. The Prize Claim Form contains, among other things, a mathematical skill-testing question (the “Skill-Testing Question”), which must be correctly answered by the potential Prize winner without any assistance, whether electronic, mechanical or otherwise. The potential Prize winner must follow the instructions provided in the Prize Claim Form to complete and submit the Prize Claim Form by the deadline.
If the Prize Claim Form is properly submitted and completed (and the Skill-Testing Question is correctly answered), then that potential Prize winner will be declared the winner of the Prize and a representative of the Sponsor will contact the winner within approximately two to four weeks following verification to confirm the Prize awarding timeline.
If the potential Prize winner fails to contact the Redemption Centre as set out above or fails to properly complete and return the Prize Claim Form by the deadline, or if their answer to the Skill-Testing Question is not correct or no answer to the Skill-Testing Question is provided, then that potential Prize winner will be disqualified from the Appstakes and will not receive the applicable Prize. In such a case, the Participant on whose behalf the first Backup Entry drawn was recorded will be notified by the Redemption Centre and the process described above for how to win the Prize will apply to that Participant. The Sponsor will contact up to three backup Participants for each Prize. If the prize cannot be awarded, the Prize will be forfeited and will not be awarded in the Appstakes. If, for any reason, a Participant whose Entry is drawn is not declared the winner of the Prize, then that potential Prize winner will not have any claim against the Appstakes Entities or against any other person, firm or corporation in respect of the Prize, the Appstakes or any matter related to the Appstakes.
The odds of winning a Prize will depend on the number of Entries received during the Appstakes Period.
B. Prizes, Approximate Retail Value (“ARV”):
One thousand Prizes are available to be won in the Appstakes. Each Prize winner (“Winner”) will receive a Kerwin Frost designed sweater, adult size large, printed in English or French (in Sponsor’s sole discretion), ARV: $100 CAD (each, a “Prize”). The Prize will ship to the Winner in approximately six to eight weeks following verification of the completed Prize Claim Form.
7. Prize/Entry Conditions/Restrictions.
Any matters concerning Prizes that are not contemplated by these Official Rules, will be determined by Sponsor in its sole discretion. Expenses not specifically stated as included in the Prizes are the sole responsibility of the Prize winners.
8. General Entry Conditions:
Each Participant acknowledges and agrees that the decisions of Sponsor and/or the Redemption Centre are and shall be final, binding and conclusive in all matters relating to the Appstakes. Any person attempting to forge the Prize Claim Form or to defraud Sponsor in any way in connection with this Appstakes may be prosecuted to the fullest extent permitted under the law. In the event of a dispute concerning the identity of a Participant, the Participant will be the registered account holder of the email address associated with the disputed Entry, but only if that person meets all other eligibility criteria. Otherwise, the Entry may be disqualified, and any Prize potentially won will be forfeited in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. The Prize winner may be required to show proof of being the registered account holder.
9. General Release And Conditions of Participation.
Participants assume all risk of transmission, mailing, loss, damage, destruction, delay and misdirection of Prize Claim Forms and are advised to obtain insurance where appropriate. The Appstakes Entities are not responsible for:
- a. incomplete, mislabeled, misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due submissions of Entries, Prize Claim Form or other Appstakes-related materials whether caused by Participants, postal or courier services, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention;
- b. any damage to a Participant’s or other person’s computer system or Digital Device that is caused or occasioned by accessing the McDonald’s app, by participating in the Appstakes or by claiming the Prize;
- c. technical difficulties or failures of any kind including, but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, Digital Device or wireless carriers, websites or other connection, availability or accessibility problems arising in connection with or over the course of the Appstakes;
- d. miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, Digital Device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower or ISP or wireless carriers;
- e. any technical malfunctions, failures or difficulties (including failures to correctly scan the MyMcDonald’s Rewards code), printing errors or omissions, clerical, typographical or other errors or omissions in any Appstakes advertisement or other materials or postings or any Prize Claim Forms;
- f. any errors, omissions or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention;
- g. any incorrect or inaccurate information, whether caused by the McDonald’s app or tampering, hacking or by any equipment or programming associated with, or utilized in the Appstakes; or
- h. the incorrect or inaccurate capture of information or the failure to capture or loss of any information.
Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering or interfering in any way with the operation or conduct of the Appstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the apparent intent to disrupt or undermine the legitimate operation of the Appstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Prize Claim Forms and Mail-in Entries submitted become the sole property of Sponsor and will not be returned. Sponsor shall not be responsible to correspond with Participants. By participating in the Appstakes, each Participant hereby releases and agrees to hold the Appstakes Entities and all of their respective shareholders, officers, directors, agents, representatives and employees (collectively the “Released Parties”), harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Appstakes or in any Appstakes-related activity or the receipt, use or misuse of the Prize or portion thereof. Participants waive the right to assert as a cost of winning the Prize, any and all costs of verification and redemption or travel to claim the Prize and any liability and publicity which might arise from claiming or seeking to claim the Prize. By participating in the Appstakes, the Prize winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and province/territory) and any statements made by or attributed to such Prize winner in any and all media, now known or hereafter devised, without prior notice, review, comment or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Sponsor, the Appstakes and other promotions without further compensation, and releases the Appstakes Entities from any liability with respect thereto.
10. Digital Device Requirements.
Using a Digital Device and/or operating system not supported by the McDonald’s app may prevent participation in the Appstakes. While all efforts are made to support current operating systems and Digital Devices based on the McDonald’s app System Requirements, new operating systems and/or Digital Devices may not be supported if brought to market after the development of this Appstakes. Sponsor is not responsible for any browser or device supporting issues.
McDonald’s app System Requirements:
- iOS : 15.0+
- Android: 8.0+
It is each Participant’s responsibility to ensure that they have complied in full with all of the conditions and requirements contained in these Official Rules.
B. Force Majeure/Printing and Production Errors or Omissions:
Subject to any governmental approval that may be required, the Sponsor reserves the right, without prior notice and at any time, to terminate the Appstakes, in whole or in part, or to modify, suspend or extend the Appstakes, if it determines, in its sole discretion, that the Appstakes in any way and for any reason is impaired or corrupted or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses, computer system overload or any other kind of electronic or other overload, glitches or printing or production errors or omissions) have destroyed or severely undermined the proper play, integrity and/or feasibility of the Appstakes. In the event that, in the Sponsor’s sole opinion, the Sponsor is impeded or prevented from continuing with the Appstakes as planned or intended by any event beyond its control, including, but not limited to, pandemic, fire, flood, natural or manmade epidemic or crisis, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), any federal, provincial, territorial or local government law, order or regulation, public health crisis, the order of any court or jurisdiction, or by any other cause not reasonably within the Sponsor’s control, then subject to any governmental approval which may be required, the Sponsor shall have the right to modify, suspend, extend or terminate the Appstakes.
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 or considered 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 the Sponsor. Subject to the provisions of these Official Rules, employees of the Sponsor, or of any of its franchisees, are not authorized to modify, amend or waive these Official Rules.
D. Governing Law:
Subject to any provision expressly to the contrary in these Official Rules, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between one or more Participants and the Sponsor in connection with the Appstakes shall be governed by and construed and interpreted in accordance with the federal laws of Canada, and in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those Ontario laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause or bring about the application of any other jurisdiction’s law. All Participants, the Sponsor and all other parties hereby attorn to the jurisdiction of the courts of the Province of Ontario, sitting in the City of Toronto, Ontario, in respect of the determination of any matter or dispute arising under or in respect of the Appstakes or these Official Rules and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario.
E. Language or Other Discrepancy:
In the event that there is a discrepancy or inconsistency between the English-language version and the French-language version of these Official Rules or of any Prize Claim Form, 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 Appstakes Materials or in the Declaration and Release, or in advertising or other publicity or materials or communications concerning or related to the Appstakes, and the provisions in these Official Rules, the provisions in these Official Rules shall prevail, govern and control.
G. Cooperation in Prize Award Event(s):
In consideration of being awarded the Prize in the Appstakes, the Prize winner agrees to participate fully and without compensation in any announcement(s) and/or presentation ceremony/ceremonies and/or event or events organized or presented by the Sponsor in its sole discretion related to the granting of a Prize to such Prize winner.
H. Official Rules Availability:
These Official Rules will be available at mcdonaldspromotion.ca until March 29, 2024. To receive a copy of the Official Rules via mail, a Participant should mail, in a postage-paid outer envelope, a self-addressed, postage-paid inner envelope to: McDonald’s Kerwin Frost Box Appstakes Official Rules Request, P.O. Box 12414, Saint John, NB, E2L 5E7. Limit one self-addressed, postage-paid envelope per outer envelope.
No purchase required. Kerwin Frost Box Appstakes at McDonald’s is open to Canadian residents who are the age of majority. From December 11/23, at 12:00:00 a.m. local time (“LT”) to December 18/23 at 11:59:59 p.m. LT, receive one entry by (i) completing a transaction using the McDonald’s app (the “App”) that includes a 10-piece Chicken McNuggets® Extra Value Meal (“EVM”) or Big Mac® EVM in a Kerwin Frost box via counter, kiosk or drive-thru or for McDelivery® in the App, (ii) scanning or providing your MyMcDonald’s Rewards code when making a purchase that includes either of the above items via counter, kiosk or drive-thru; or (iii) submitting a mail-in entry as explained in the Official Rules (to be received by December 27/23). Limit 1 entry/day, regardless of entry method. 1,000 prizes available to be won, valued at $100 CAD per Prize. Limit 1 prize/person. Correct answer to skill-testing question required. Odds determined by number of entries received. See Official Rules available at mcdonaldspromotion.ca for complete eligibility, entry, prize and draw details.