McDonald’s FANnual Report Sweepstakes (the “Sweepstakes”)
No Purchase Is Necessary To Enter Or Win A Prize. A Purchase Will Not Improve Your Chances Of Winning. Void Where Prohibited By Law.
A valid email address is required to participate. You must be opted in to the MyMcDonald’s Rewards program and follow the @McDonalds account on Instagram to enter. A valid Instagram account and internet access are also required to participate.
By participating, you (and any minor participant’s parent or legal guardian for themself and on behalf of the minor) agree to these Official Rules, which are a contract. Without limitation, this contract includes indemnities to the sponsor (defined below) from you and a limitation of your rights and remedies. As more fully detailed below, you agree that all disputes associated with this Sweepstakes will be decided by binding arbitration (refer to Rule 10).
1. Sweepstakes Description.
McDonald’s USA, LLC (the “Sponsor”) is offering this Sweepstakes in the 50 United States and the District of Columbia (the “Territory”). The Sweepstakes begins at 9:00:00 a.m. Eastern Time (“ET”) on Wednesday, December 7, 2022, and ends at 11:59:59 p.m. ET Sunday, December 11, 2022 (the “Entry Period”). Eligible individuals may enter for a chance to win the prizes described in Rule 6 below.
There is a limit of one entry per person/Instagram account for the entire Entry Period. See Rule 3 below for additional entry details. The Sweepstakes is governed by these Official Rules.
2. Who Is Eligible To Enter/Win.
The Sweepstakes is open only to individuals who: (i) are residents of the Territory who are sixteen years of age or older at the time of participation; (ii) are opted in to the MyMcDonald’s Rewards program; and (iii) follow the @McDonalds account on Instagram at the time of entry. Individuals in any of the following categories are not eligible to participate in the Sweepstakes: any person who on or after October 1, 2022, was or is:
- (a) a McDonald’s restaurant franchise owner or a director, officer, employee, agent or independent contractor of a McDonald’s franchise restaurant;
- (b) a director, officer, employee or agent of McDonald’s USA, LLC, its parent company or their respective subsidiaries, affiliated companies or service agencies;
- (c) a director, officer, employee, agent or independent contractor of any entity engaged in the development, production or distribution of Sweepstakes materials or prizes or of any entities retained by Sponsor or its agencies to assist in any way with the administration or advertisement of the Sweepstakes;
- (d) an immediate family member (defined as spouse, IRS dependent, or biological, foster, in-law, adoptive or step-parents, siblings or children) of, or anyone who resides in the same household as, any person in any of the preceding categories.
An eligible individual who attempts to enter the Sweepstakes during the Entry Period is hereafter referred to as a participant (“Participant”). Each Participant, and their parent or legal guardian if the Participant is an eligible minor, unconditionally accepts and agrees to comply with and abide by these Official Rules.
3. How To Enter The Sweepstakes.
To receive one entry into the Sweepstakes, during the Entry Period, follow the @McDonalds account on Instagram (if you don’t already), click on the pinned post for this Sweepstakes on the McDonald’s Instagram account (@McDonalds) (https://www.instagram.com/mcdonalds/) and comment from your personal Instagram account on the Sponsor’s post by stating the fan persona you most identify with. Other extraneous content is discouraged. Fan personas to choose from are: CEO, Carpe All Day, Insider, Low Key and Newbie.
Your Instagram account must be a public account and cannot be a shared, corporate or organization account. If your Entry meets the requirements described in these Official Rules, you will receive one Entry into the Sweepstakes drawing for a chance to win a prize in this Sweepstakes. A valid entry into this Sweepstakes is referred to as an “Entry” in these Official Rules. Data charges may be incurred from your wireless carrier for submitting your Entry via a mobile device. Be sure to check your wireless carrier’s pricing plan before entering via mobile device.
Additional Entry Requirements: In addition, a Participant may be disqualified (and their Entry deemed void) if, in Sponsor or its representative’s sole discretion, their Entry or any other publicly visible aspect of the Participant’s Instagram account (e.g., profile photo or information or prior Instagram post) disparages, reflects poorly upon or otherwise adversely affects the goodwill and business reputation of the Sponsor or contains any content that is obscene, hateful, offensive or communicates any message inconsistent with the positive image with which Sponsor wishes to associate itself. Each Participant must comply with the Instagram Terms of Service found at Instagram.com. If you do not agree to or comply with Instagram’s policies, do not enter, provide any information on that service or otherwise use that service as it relates to the Sweepstakes. If an Entry is determined by Sponsor in its sole discretion to be in violation of any restrictions and/or requirements of these Official Rules or applicable social media platform policies or terms, the Entry will be deemed ineligible in Sponsor’s sole discretion, and Sponsor further reserves the right to take all actions that they deem necessary and appropriate to protect its rights. Sponsor makes the final determination as to what Entries are eligible in the Sweepstakes. Submitted Entries will not be acknowledged by Sponsor. By submitting an Entry, Participant grants Sponsor the perpetual, unlimited and irrevocable right to post, publish, adapt, edit, make derivative works and/or otherwise use the Entry in any manner, for any purpose and in any media now known or hereinafter developed.
Sponsor is not responsible for issues that may affect the ability of Sponsor to locate a purported Entry using a search to find eligible Entries.
Limit one Entry per Participant/Instagram account for the entire Entry Period. Any subsequent Entry(ies) will be disqualified and any person submitting purported Entries in excess of the above-stated limit may be disqualified in Sponsor’s sole discretion. An Instagram account can only be used by one person to participate in the Sweepstakes. The use of multiple Instagram accounts to enter above the stated limit is specifically prohibited and may result in disqualification in Sponsor’s sole discretion. Use of any robotic, automatic, macro, programmed or third-party entry method is prohibited, and Sponsor may, in its sole discretion, void all such entries by such methods, and disqualify any Participant using such methods. Any waiver of any obligation, requirement or restriction hereunder by Sponsor does not constitute a general waiver of any obligation to Participants.
4. Drawing/Odds of Winning.
Four winners and up to three alternates for each prize will be selected in a random drawing from among all eligible Entries received during the Entry Period, conducted by an independent third party selected by Sponsor, on or about December 13, 2022. The odds of winning a prize will be determined by the number of Entries received.
5. Winner Notification.
Potential winners will be notified via a private direct message to their Instagram account, and they must respond to the private message from Sponsor within forty-eight hours or prize will be forfeited. Potential winners must continue to follow the @McDonalds account on Instagram through prize awarding.
Once any potential winner is notified by Sponsor, they must respond within forty-eight hours to that notification and follow instructions from Sponsor to provide all information requested by Sponsor, including their full name, telephone number including area code, the same email used in the McDonald’s App, and confirm they have read and complied with these Official Rules. If the potential winner is a minor, their parent or legal guardian may need to provide their information on behalf of the minor. It is the sole responsibility of each Participant to ensure that their privacy settings allow for Sponsor to contact them via direct message. Sponsor reserves the right to disqualify, and not award the prize to, any person who does not comply with the foregoing. In the event a potential winner does not respond to the initial notification as required above in the time noted by the Sponsor, or a prize delivery is returned or refused, that potential winner will be disqualified, forfeit the prize and the Sponsor will notify an alternate winner. If necessary, the Sponsor will contact up to three alternate winners in order to award a prize, time permitting, after which the prize will go unawarded.
6. Prize/Approximate Retail Value (“ARV”).
Four Prizes: Each winner, subject to verification, will receive 250,000 MyMcDonald’s Rewards points, which has an ARV of $175. The winners must remain opted in to the MyMcDonald’s Rewards program to receive the points. Once the winner has been verified, Sponsor or its agent will deposit the points into the winner’s MyMcDonald’s Rewards program account within approximately two to four weeks.
4 Prizes Available; Total ARV of all prizes: $700.
7. Entry/Prize Conditions/Restrictions.
A. Prize Conditions. All points expire in accordance with the MyMcDonald’s Rewards Terms (USA) Available at:
Use of points is subject to the same terms. All expenses, fees and charges associated with prize acceptance and use not specified above as being part of the prize are solely the responsibility of the prize winner (or their parent or legal guardian if potential winner is an eligible minor). If won by an eligible minor, prize(s) may (in Sponsor’s sole discretion) be awarded in the name of or to such minor’s parent or legal guardian in Sponsor’s sole discretion. If a potential winner is unable to accept a prize as stated, the prize may be forfeited in its entirety and awarded to an alternate winner. Prize can only be transferred if approved by Sponsor (which can withhold approval for any reason). All income taxes on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of that prize winner. Unclaimed prize will not be awarded.
B. Entry Conditions:
Each Participant acknowledges and agrees that the decisions of Sponsor and/or the Redemption Center shall be final, binding and conclusive in all matters relating to the Sweepstakes. Any person attempting to defraud Sponsor or any of the Sweepstakes Entities (defined below) in any way in connection with this Sweepstakes may be prosecuted to the fullest extent permitted under the law. In the event of a dispute concerning the identity of a Participant who entered, the Participant will be declared to be the registered account holder of the email address associated with the Instagram account from which the disputed Entry was submitted, but only if that person meets all other eligibility criteria. Otherwise, the Entry may be disqualified, and any potential prize 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. Winner may be required to show proof of being the registered account holder.
8. General Release and Conditions of Participation.
Sponsor, the Redemption Center operator, and each of their respective parent companies, subsidiaries, affiliates, franchisees, local advertising cooperatives, website developers, digital/advertising/promotion agencies and all of their respective shareholders, officers, directors, agents, representatives and employees (individually and collectively “Sweepstakes Entities”) are not responsible for:
- (a) Entries that are incomplete, misdirected, late, lost, garbled, unintelligible, damaged, stolen whether caused by Participants, Instagram, 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 which is caused or occasioned by participating in the Sweepstakes or claiming a Sweepstakes 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 Sweepstakes;
- (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, printing errors, clerical, typographical or other errors in these Official Rules, any Sweepstakes advertisement or other materials;
- (f) any errors 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 tampering or hacking, or by any equipment or programming associated with, or utilized in the Sweepstakes, including, without limitation, Entries that are submitted by automated computer programs or other illegitimate means; or
- (h) the incorrect or inaccurate capture of information or the failure to capture or loss of any information (including as a result of any filtering or other action by Instagram’s platform’s functionality which prevents Sponsor from accessing Entries).
By participating in the Sweepstakes and to the fullest extent permitted by applicable law, each Participant (and, if Participant is a minor, such minor’s parent/legal guardian) hereby releases and agrees to indemnify and hold the Sweepstakes Entities 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 Sweepstakes or any Sweepstakes-related activity or the receipt, use or misuse of any Prize. Participants waive the right to assert as a cost of winning any prize, all costs of verification and redemption or travel to claim said prize and any liability and publicity which might arise from claiming or seeking to claim said prize. By participating in the Sweepstakes, each verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of their name, voice and likeness, along with their address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Sweepstakes and other promotions without further compensation (except where prohibited by law), and releases the Sweepstakes Entities from any liability with respect thereto. Caution: any attempt to damage any online service or website or undermine the legitimate operations of the Sweepstakes may violate criminal and civil laws. If such an attempt is made, Sponsor may disqualify any Participant making such attempt and may seek damages to the fullest extent permitted by law.
Sweepstakes Entities and each of their respective parents, subsidiaries, affiliates and franchisees 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 Participant’s email account, voicemail inbox or Instagram account to receive messages. Sweepstakes Entities and each of their respective parents, subsidiaries, affiliates and franchisees are not responsible, and may disqualify a Participant, if Participant’s Instagram account, email address, telephone or other contact information does not work or is changed without Participant giving prior written notice to Sponsor.
A. Disqualification: It is the Participant’s sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules, or declines a prize for any reason prior to award, the potential winner will be disqualified, and the prize forfeited. No mechanically reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.
B. Force Majeure/Printing and Production Errors: Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if it determines in its sole discretion, that any Sweepstakes materials reflect printing, production or other errors, or if it determines, in its sole discretion, that the Sweepstakes is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors (including, without limitation, viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper entry process or the integrity and/or feasibility of the Sweepstakes. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic or pandemic, earthquake, explosion, labor 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) or any federal, state or local government law, order or regulation, public health crisis, order of any court or jurisdiction or other cause not reasonably within Sponsor’s control, then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. No more than the prize described in these Official Rules will be awarded.
C. Invalidity: 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 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 Sponsor. McDonald’s restaurant employees or franchisees are not authorized to modify or amend these Official Rules.
D. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and the Sweepstakes Entities in connection with the Sweepstakes 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 rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.
E. Privacy: Except as otherwise contemplated in these Official Rules, Participants’ contact information collected by Sponsor in connection with the Sweepstakes will be used by Sponsor in accordance with the McDonald’s Privacy Statement found on the McDonald’s website.
10. Arbitration. By participating in this Sweepstakes, each Participant agrees that:
- (1) any claim, dispute or controversy (whether in contract, tort or otherwise) Participant may have against any of the Sweepstakes Entities arising out of, relating to or connected in any way with the Sweepstakes, 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 JAMS and conducted before a sole arbitrator pursuant to JAMS’s Comprehensive Arbitration Rules and Procedures (“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 JAMS pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed to 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 Sweepstakes;
- (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 as Participant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus 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) in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $250, Sponsor agrees to pay any such administrative, arbitrator and filing fees exceeding $250 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 fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
- (8) 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 JAMS, 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. Finally, this arbitration provision is reciprocally binding on all parties, such that both Participant and Sponsor are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, Participants may visit the JAMS Website.
11. Official Rules. Visit www.McDonaldsFANnualSweeps.com or mail a self-addressed, stamped #10 envelope (“SASE”) to: McDonald’s FANnual Social Sweepstakes Official Rules Request, P.O. Box 1132, Chicago, IL 60690. All requests must be received by March 31, 2023. Vermont residents may omit return postage. Limit one request per outer envelope.
12. Winners List. To find out who won, mail a #10 SASE to: McDonald’s FANnual Social Sweepstakes Winner Request, P.O. Box 1132, Chicago, IL 60690. All requests must be received by March 31, 2023. Limit one request per outer envelope. The list will be available when the Sweepstakes officially ends, and the prizes have been awarded.
13. Sponsor. McDonald’s USA, LLC, 110 N. Carpenter St, Chicago, IL 60607.
This promotion is sponsored only by McDonald’s USA, LLC. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Instagram is completely released of all liability by each Participant in this Sweepstakes. Any questions, comments or complaints regarding this Sweepstakes must be directed to Sponsor and not to Instagram.