TERMS AND CONDITIONS FOR MIXING UP YOUR SUMMER WITH MCFLURRY AND MTV TWITTER COMPETITION (THIRD PRIZE DRAW)
1. This competition will be governed by these terms and conditions (the “Terms”) and entrants agree that they have read and understood these Terms and will be bound by them.
2. Entrants may enter the competition by following these steps: re-tweeting exactly and in full the competition call-to-action tweet which will include the hashtag #mcflurrymixup and the handle @MTVUK at any time from the start of the competition (the “Entry Content”).
3. The closing time for entries is 12:00pm (BST) on 17 August 2015.
4. To enter the competition, entrants must fulfil each of the following criteria:
(a) be a resident of the UK or the Republic of Ireland;
(b) be eighteen (18) years old or over;
(c) hold a Twitter account; and
(d) not be an employee or immediate relative of an employee of McDonald’s Restaurants Limited or its franchisees, MTV Networks Europe (the “Promoter”) and/or the Promoter’s respective parents, subsidiaries or affiliated companies or any other person professionally connected with this competition.
5. All entrants must adhere to Twitter’s rules or terms of service in respect of this competition.
6. Fifty (50) winners will be selected at random by the Promoter from all valid entries containing the correct Entry Content and which are received on or before the closing date.
7. Each winner will receive one (1) iTunes voucher with a value of ten pounds Sterling (£10) (the “Prize”).
8. The competition is free to enter. However, costs of accessing the competition via the Internet may vary so please check with your service provider for current charges. Entrants should seek the permission of the person paying the bill before entering.
9. No purchase necessary.
10. One (1) entry per person. For the avoidance of doubt, this also applies where the same entrant uses multiple Twitter accounts. Multiple entries by the same entrant will be void and the entrant disqualified.
11. The Promoter reserves the right to contact any and/or all entrants by a direct message on Twitter throughout the term of the competition in relation to these Terms and the Prize.
12. The winners will be selected within 24 hours of the close of the competition.
13. For the avoidance of doubt, the Prize does not consist of anything other than expressly set out in Term 7 above and no additional costs are included.
14. Each winner may be required to provide a written acknowledgement of acceptance of all the Terms of this competition prior to receiving the Prize.
15. Each winner is responsible for all applicable taxes and expenses not specified in the Prize description.
16. Each winner will be notified individually by a direct message from the Promoter to his or her Twitter account immediately after the winners are selected. Upon notification each winner will be asked to provide their name, age, address (including postcode), telephone contact number and e-mail address. The Promoter will then forward the winners’ contact details to the prize fulfilment company who shall, in turn, deliver the Prize within twenty eight (28) working days of receiving each winner’s contact details.
17. In the event that the Promoter cannot for any reason establish contact with a winner within 24 hours of the Promoter’s initial attempt to do so, the Promoter reserves the right to immediately draw another winner who will be selected applying the same criteria as used to select the original winner.
18. The Promoter reserves the right to select an alternative winner in the event that the Promoter has reasonable grounds for believing that a selected winner has contravened any of these Terms.
19. The Promoter reserves the right to select an alternative winner in the event that the Promoter has reasonable grounds for believing that a selected winner has contravened any of Twitter’s rules or terms of service.
20. Twitter takes on no responsibilities in respect of this competition. This competition is in no way sponsored, endorsed or administered by, or associated with, Twitter. Entrants will be providing information to Promoter and the prize fulfilment company only and not to Twitter.
21. The Promoter reserves the right to terminate the competition and withhold the Prize in the event that, in the Promoter’s opinion, there are insufficient entries for the Promoter to be able to select the winners or where, in the Promoter’s opinion, improper conduct by an entrant (or any number of them) has rendered the competition unfair to all entrants. The Promoter’s decision is final with respect to any aspect of the competition, including the determination of any winners of the Prize. No correspondence will be entered into.
22. By entering this competition, all entrants hereby grant to the Promoter and their respective parents, subsidiaries, affiliated companies and licensees a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, reproduce, copy, adapt, transmit, broadcast, publish or delete any information or other material including without limitation, the entrant’s name, entry, Entry Content, photograph, likeness, biographical information, voice, text, images, designs, audio and/or video clips submitted in entering or any statement made by them concerning the competition (“Submissions”) by any means and in any and all media as they, in their discretion, see fit. For the avoidance of doubt (but without limitation) this will include the winner’s name, location, and Entry Content being broadcast on-air and posted across the Promoter’s social media platforms.
23. All entrants hereby irrevocably and unconditionally waive in favour of the Promoter, the Promoter’s affiliates and their licensees, assigns and successors in title, all moral rights in any Submissions to which he or she is, or may at any time in the future be, entitled.
24. Entrants acknowledge that they may be required to be used in publicity without further consent or payment if they are selected as a winner.
25. All entrants hereby undertake that nothing in the Entry Content:
a) is defamatory;
b) is sexually explicit or suggestive, contains nudity or any dangerous activity or is profane, pornographic or violent;
c) is derogatory of any ethnic, racial, gender, religious, professional or age group or endorses any form of hate or hate group;
d) promotes any particular political agenda or message;
e) reveals any personal information, including but not limited to license plate numbers, personal names, email addresses or street addresses; or
f) is otherwise offensive or illegal.
26. Decisions as to whether Entry Content infringes these Terms in any way shall be made at the sole discretion of the Promoter. Submissions that do not comply in all material respects within the Terms shall be disqualified.
27. The Promoter can accept no responsibility for entries delayed, misdirected or undelivered. Incomplete entries will be disqualified. The Promoter shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing entry to any competition.
28. The Prize is as stated and is non-transferable. No cash alternatives will be offered. If due to circumstances beyond the Promoter’s control the Promoter is unable to provide the stated Prize, the Promoter reserves the right to award a substitute prize of equal value or greater value. The Prize is subject to the additional terms and conditions of the manufacturer or supplier.
29. Neither the Promoter nor McDonald’s Restaurants Limited or its franchisees shall be liable for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition and/or any prize other than death or personal injury caused by negligence of the Promoter and/or the Promoter’s personnel and/or deceit or fraud by Promoter and/or their personnel.
30. Neither the Promoter nor McDonald’s Restaurants Limited or its franchisees shall be liable for any delay in performing or partial or total failure to perform any of its obligations to the winners under these Terms and Conditions if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays (to postal services or otherwise), changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes. For the avoidance of doubt, the affected winners shall be solely liable for any additional costs incurred as a result.
31. Each provision excluding or limiting liability is to be construed separately and will apply and survive even if for any reason any of the other provisions are held to be inapplicable or unenforceable in any circumstances. Each of the provisions excluding or limiting liability will remain in force notwithstanding any termination of these Terms.
32. The name of the winner can be obtained by sending a stamped, self-addressed envelope to: Charley Read, Mixing Up Your Summer with McFlurry and MTV Twitter Competition, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT, for one (1) month after the competition closes.
34. Only entries from individuals will be accepted. Any entries that the Promoter believes have: (a) been made via participation in a syndicate; or (b) via any form of machine assisted intervention enabling computer generated multiple entries of any fashion, will be disqualified. The Promoter reserves the right to discount multiple entries from the same IP address.
35. These Terms may be amended or varied at any time by the Promoter on notice. No waiver of any rights by the Promoter or any entrant will be taken as a waiver of any other rights it may have. For example, if the Promoter waives their right to complain about a particular breach of these Terms by an entrant, it does not prevent the Promoter from complaining about other breaches.
36. These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the English Courts.
37. Any queries regarding the competition should be addressed to:
Charley Read, Mixing Up Your Summer with McFlurry and MTV Twitter Competition, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT.